Senate Bill 0706c1

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    Florida Senate - 2000                   CS for SB's 706 & 2234

    By the Committee on Banking and Insurance; and Senators
    Laurent and Saunders




    311-1935A-00

  1                      A bill to be entitled

  2         An act relating to health maintenance

  3         organizations; creating s. 408.7057, F.S.;

  4         providing for a statewide provider and managed

  5         care organization claim dispute mediation

  6         program; providing an exemption from open

  7         meetings requirements; amending s. 641.315,

  8         F.S.; requiring payment for specified services;

  9         providing for disclosure and notice; amending

10         s. 641.3155, F.S.; defining the term "clean

11         claim"; revising the procedures for payment of

12         claims submitted by providers; amending s.

13         641.495, F.S.; providing for 24-hour, on-line

14         or telephone service; amending s. 641.3903,

15         F.S.; revising the criteria for what

16         constitutes false statements and entries and

17         unfair claim settlement practices; amending s.

18         641.3909, F.S.; providing for additional fines;

19         amending s. 641.31, F.S.; conforming a

20         statutory cross-reference; providing for

21         rulemaking authority; providing an effective

22         date.

23

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

25

26         Section 1.  Section 408.7057, Florida Statutes, is

27  created to read:

28         408.7057  Statewide provider and managed care

29  organization claim dispute mediation program.--

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

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

  2  organization or a prepaid health clinic certified under

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

  4  409.912, or an exclusive provider organization certified under

  5  s. 627.6472.

  6         (b)  "Panel" means a statewide provider and managed

  7  care claim dispute panel selected as provided in subsection

  8  (7).

  9         (c)  "Agency" means the Agency for Health Care

10  Administration.

11         (2)  The agency shall adopt and implement a program to

12  provide assistance to contracting and noncontracting providers

13  for those claim disputes that are not resolved by the managed

14  care entity to the satisfaction of the provider, and to

15  provide assistance to managed care entities that seek to

16  recover an alleged overpayment to a provider. The program

17  shall consist of one or more panels that meet as often as

18  necessary to timely review, consider, and hear grievances and

19  recommend to the agency or the department any actions that

20  should be taken concerning individual cases heard by the

21  panel. The panel shall hear every claim dispute filed by

22  providers and every overpayment claim filed by managed care

23  entities, unless the disputed claim:

24         (a)  In the aggregate, is for an amount of $5,000 or

25  less for institutional claims or, in the aggregate, $500 or

26  less for physician claims;

27         (b)  Is part of an internal grievance in a Medicare

28  managed care entity or a reconsideration appeal through the

29  Medicare appeals process;

30         (c)  Is related to a health plan not regulated by the

31  state such as an administrative services organization,

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    Florida Senate - 2000                   CS for SB's 706 & 2234
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  1  third-party administrator, or federal employee health benefit

  2  program;

  3         (d)  Is part of a Medicaid fair hearing pursued under

  4  42 C.F.R. ss. 431.220 et seq.;

  5         (e)  Is the basis for an action pending in state or

  6  federal court;

  7         (f)  Was filed before the provider or the managed care

  8  entity made a good-faith effort to resolve the dispute;

  9

10  Failure of the provider, the provider's representative, or the

11  managed care entity or its representative filing the claim

12  dispute resolution to attend the hearing is considered a

13  withdrawal of the request.

14         (3)  The agency shall review all requests for claims

15  dispute resolution within 30 days after receipt and make a

16  determination whether the claims dispute shall be heard. Once

17  the agency notifies the panel, the provider, and the managed

18  care entity that a claims dispute resolution will be heard by

19  the panel, the panel shall hear the claims dispute either in

20  the network area or by teleconference no later than 60 days

21  after the date the claims dispute was filed, unless waived by

22  all the parties. The agency shall notify the parties, in

23  writing, by facsimile transmission, or by phone, of the time

24  and place of the hearing. The panel may take testimony under

25  oath, request certified copies of documents, and take similar

26  actions to collect information and documentation that will

27  assist the panel in making findings of fact and a

28  recommendation. The panel shall issue a written

29  recommendation, supported by findings of fact, to the provider

30  and the managed care entity no later than 30 days after

31  hearing the claims dispute. If at the hearing the panel

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  1  requests additional documentation or additional records, the

  2  time for issuing a recommendation is tolled until the

  3  information or documentation requested has been provided to

  4  the panel. The proceedings of the panel are not subject to

  5  chapter 120.

  6         (4)  If, upon receiving a proper patient authorization

  7  along with a properly filed claims dispute, the agency

  8  requests medical records from a health care provider or

  9  managed care entity, the health care provider or managed care

10  entity that has custody of the records has 10 working days to

11  provide the records to the agency. Failure to provide

12  requested medical records may result in the imposition of a

13  fine of up to $500.

14         (5)  After hearing a claims dispute, the panel shall

15  make a recommendation to the agency which may include specific

16  actions the managed care entity must take to comply with state

17  laws or rules regulating managed care entities and which may

18  include requiring the managed care entity to pay the unpaid

19  portion of any claim not paid by the managed care entity or

20  the provider's billed charges. In the case of a claims dispute

21  filed by a managed care entity seeking to recover an alleged

22  overpayment, the panel's recommendation to the agency may

23  include requiring the provider to refund any of the previous

24  overpayment.

25         (6)  No later than 30 days after the issuance of the

26  panel's recommendation, the agency may adopt the panel's

27  recommendation or findings of fact in a final order as

28  provided in chapter 120, which it shall issue to the managed

29  care entity and the provider. The final order may require

30  payment of the unpaid portion of any claim not paid by the

31  entity or the provider's billed charges, which shall bear a

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    Florida Senate - 2000                   CS for SB's 706 & 2234
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  1  simple interest rate of 10 percent from the 36th day after the

  2  date the managed care entity received the claim. In the case

  3  of a claims dispute filed by the managed care entity seeking

  4  to recover an overpayment, the final order may require payment

  5  of any of the amount overpaid. The agency or the department

  6  may modify all or part of the panel's recommendation as

  7  provided in s. 120.57.

  8         (7)  The panel shall be composed of eight members,

  9  consisting of two medical directors of health maintenance

10  organizations that hold current certificates of authority to

11  operate in the state; a physician licensed pursuant to

12  chapters 458 or 459; a physician licensed under chapter 460; a

13  physician licensed under chapter 461; a member representing a

14  hospital; a member employed by the agency; and a member

15  employed by the department. The Governor or his designee shall

16  appoint the six members of the panel not employed by the

17  agency or the department. The remaining two members of the

18  panel shall be chosen with the mutual agreement of the agency

19  and the department. All members of the panel shall be

20  proficient in coding methodology.

21         (8)  Meetings of the panel are open to the public

22  unless the provider or managed care entity who requested the

23  claims dispute resolution or the agency determines that

24  information of a sensitive personal nature which discloses a

25  subscriber's medical treatment or history; information which

26  constitutes a trade secret as defined by s. 812.081; or

27  information relating to internal risk management programs as

28  defined in s. 641.55(5)(c), (6), and (8) may be revealed at

29  the panel meeting, in which case that portion of the meeting

30  during which such sensitive personal information, trade secret

31  information, or internal risk management program information

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  1  is discussed is exempt from the provisions of s. 286.011 and

  2  s. 24(b), Art. I of the State Constitution. All closed

  3  meetings shall be recorded by a certified court reporter.

  4         Section 2.  Section 641.315, Florida Statutes, is

  5  amended to read:

  6         641.315  Provider contracts.--

  7         (1)  Whenever a contract exists between a health

  8  maintenance organization and a provider and the organization

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

10  rendered to a subscriber, the health maintenance organization

11  shall be liable for such fee or fees rather than the

12  subscriber; and the contract shall so state.

13         (2)  Upon receipt of authorization as required in s.

14  641.495(4), covered medical services ordered by a provider and

15  entered on the patient's medical record or covered medical

16  services ordered by the organization's employee or by an

17  entity contracting with or acting on behalf of the

18  organization for an eligible subscriber are considered to be

19  binding upon the health maintenance organization and payment

20  may not be denied by the organization.

21         (3)  Whenever a contract exists between a health

22  maintenance organization and a provider, the organization

23  shall disclose to the provider:

24         (a)  The mailing address or electronic address where

25  claims should be sent for processing;

26         (b)  The telephone number a provider may call to have

27  questions and concerns regarding claims addressed; and

28         (c)  The address of any separate claims processing

29  centers for specific types of services.

30

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  1  An organization shall provide in no less than 30 calendar

  2  days, prior written notice of any changes in the information

  3  required in this subsection to its contracted providers.

  4         (4)(2)  No subscriber of an HMO shall be liable to any

  5  provider of health care services for any services covered by

  6  the HMO.

  7         (5)(3)  No provider of services or any representative

  8  of such provider shall collect or attempt to collect from an

  9  HMO subscriber any money for services covered by an HMO and no

10  provider or representative of such provider may maintain any

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

12  owed to such provider by an HMO.

13         (6)(4)  Every contract between an HMO and a provider of

14  health care services shall be in writing and shall contain a

15  provision that the subscriber shall not be liable to the

16  provider for any services covered by the subscriber's contract

17  with the HMO.

18         (7)(5)  The provisions of this section shall not be

19  construed to apply to the amount of any deductible or

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

21         (8)(6)(a)  For all provider contracts executed after

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

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

24         1.  The contracts must provide that the provider shall

25  provide 60 days' advance written notice to the health

26  maintenance organization and the department before canceling

27  the contract with the health maintenance organization for any

28  reason; and

29         2.  The contract must also provide that nonpayment for

30  goods or services rendered by the provider to the health

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  1  maintenance organization shall not be a valid reason for

  2  avoiding the 60-day advance notice of cancellation.

  3         (b)  For all provider contracts executed after October

  4  1, 1996, and within 180 days after October 1, 1996, for

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

  6  must provide that the health maintenance organization will

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

  8  the department before canceling, without cause, the contract

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

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

11  to practice medicine is effectively impaired by an action by

12  the Board of Medicine or other governmental agency.

13         (9)(7)  Upon receipt by the health maintenance

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

15  maintenance organization may, if requested by the provider,

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

17  maintenance organization is not financially impaired or

18  insolvent.

19         (10)(8)  A contract between a health maintenance

20  organization and a provider of health care services shall not

21  contain any provision restricting the provider's ability to

22  communicate information to the provider's patient regarding

23  medical care or treatment options for the patient when the

24  provider deems knowledge of such information by the patient to

25  be in the best interest of the health of the patient.

26         (11)(9)  A contract between a health maintenance

27  organization and a provider of health care services may not

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

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

30  commercial contract with any other health maintenance

31  organization; or

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  1         (b)  The health maintenance organization from entering

  2  into a commercial contract with any other health care

  3  provider.

  4         (12)(10)  A health maintenance organization or health

  5  care provider may not terminate a contract with a health care

  6  provider or health maintenance organization unless the party

  7  terminating the contract provides the terminated party with a

  8  written reason for the contract termination, which may include

  9  termination for business reasons of the terminating party. The

10  reason provided in the notice required in this section or any

11  other information relating to the reason for termination does

12  not create any new administrative or civil action and may not

13  be used as substantive evidence in any such action, but may be

14  used for impeachment purposes. As used in this subsection, the

15  term "health care provider" means a physician licensed under

16  chapter 458, chapter 459, chapter 460, or chapter 461, or a

17  dentist licensed under chapter 466.

18         Section 3.  Section 641.3155, Florida Statutes, is

19  amended to read:

20         641.3155  Provider contracts; Payment of claims

21  submitted by providers.--

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

23  means a completed claim, as determined under department rules

24  adopted pursuant to ch. 120, submitted by institutional

25  providers on a UB-92 claim form or by other providers on a

26  HCFA 1500 claim form for medical care or health care services

27  under a health care plan. The department shall use the most

28  recently adopted format adopted by the National Uniform

29  Billing Committee for institutional providers and by the

30  National Uniform Claims Committee for all other providers.

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  1         (b)  A health maintenance organization shall notify the

  2  provider within 14 days after receipt of a claim whether the

  3  submitted claim is deficient in any way, whether the patient

  4  receiving the service is an eligible subscriber, or if the

  5  service is not authorized, if applicable. The failure of a

  6  health maintenance organization to provide the provider with

  7  such notice constitutes a complete waiver of the health

  8  maintenance organization's right to deny any part of the

  9  claim. The notification by the organization that the submitted

10  claim is deficient shall toll the 35-day period provided by

11  paragraph (2)(a) until the provider submits the necessary

12  information to the organization to properly complete the

13  claim.

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

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

16  a contract provider for services or goods provided under a

17  contract with the health maintenance organization or by a

18  noncontracted provider which the organization does not contest

19  or deny within 35 days after receipt of the clean claim by the

20  health maintenance organization which is mailed or

21  electronically transferred by the provider.

22         (b)  A health maintenance organization that denies or

23  contests a provider's clean claim or any portion of a clean

24  claim shall notify the contract provider, in writing, within

25  35 days after receipt of the claim by the health maintenance

26  organization that the claim is contested or denied. The notice

27  that the claim is denied or contested must identify the

28  contested portion of the claim and the specific reason for

29  contesting or denying the claim, and may include a request for

30  additional information. If the health maintenance organization

31  requests additional information, the provider shall, within 35

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  1  days after receipt of such request, mail or electronically

  2  transfer the information to the health maintenance

  3  organization. The provider may charge the organization the

  4  reasonable costs of copying and providing the additional

  5  information, including reasonable staff time, as provided in

  6  s. 395.3925 and s. 455.667. The health maintenance

  7  organization shall pay or deny the claim or portion of the

  8  claim within 45 days after receipt of the information.

  9         (3)  In order for a health maintenance organization to

10  contest a portion of a clean claim, the health maintenance

11  organization must pay the provider the uncontested portion of

12  the claim. The failure to pay the uncontested portion of a

13  claim constitutes a complete waiver of the health maintenance

14  organization's right to deny any part of the claim.

15         (4)(2)  Payment of a claim is considered made on the

16  date the payment was received or electronically transferred or

17  otherwise delivered. An overdue payment, either after 35 days

18  for clean, uncontested claims, or after 120 days for all other

19  claims, reverts to the provider's billed charges. The failure

20  of the health maintenance organization to pay the claim in a

21  timely manner constitutes a waiver of the discount agreed to

22  by the provider and the organization. of a claim bears simple

23  interest at the rate of 10 percent per year.

24         (5)(3)  A health maintenance organization shall pay or

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

26  original claim.

27         (6)  A claim shall be considered received by the health

28  maintenance organization, if the claim has been electronically

29  transmitted to the organization, when receipt is verified

30  electronically or, if the claim is mailed to the address

31  disclosed by the organization pursuant to s. 641.315(3), on

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  1  the date indicated on the return receipt. Providers must wait

  2  45 days from receipt of a claim before submitting a duplicate

  3  claim.

  4         (4)  Any retroactive reductions of payments or demands

  5  for refund of previous overpayments which are due to

  6  retroactive review-of-coverage decisions or payment levels

  7  must be reconciled to specific claims unless the parties agree

  8  to other reconciliation methods and terms. Any retroactive

  9  demands by providers for payment due to underpayments or

10  nonpayments for covered services must be reconciled to

11  specific claims unless the parties agree to other

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

13  specified by the terms of the contract.

14         Section 4.  Subsection (4) of section 641.495, Florida

15  Statutes, is amended to read:

16         641.495  Requirements for issuance and maintenance of

17  certificate.--

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

19  services it provides to subscribers, including physician

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

21  accessible to the subscribers, with reasonable promptness,

22  with respect to geographic location, hours of operation,

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

24  generally accepted industry norms for meeting the projected

25  subscriber needs. The health maintenance organization shall

26  maintain on-line or telephone services 24 hours, 7-days-per

27  week for purposes of confirming subscriber eligibility and

28  authorization of services. Requests for treatment

29  authorization may not be pended. Each organization shall make

30  available communication to a live person for authorization and

31  information on the coverage status of a person. If prior

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  1  authorization is required by the contract between the

  2  organization and the provider, each organization shall

  3  confirm, by facsimile or electronic transmission, subscriber

  4  eligibility and authorization of services within 60 minutes of

  5  the initiation of the request.

  6         Section 5.  Subsections (4) and (5) of section

  7  641.3903, Florida Statutes, are amended to read:

  8         641.3903  Unfair methods of competition and unfair or

  9  deceptive acts or practices defined.--The following are

10  defined as unfair methods of competition and unfair or

11  deceptive acts or practices:

12         (4)  FALSE STATEMENTS AND ENTRIES.--

13         (a)  Knowingly:

14         1.  Filing with any supervisory or other public

15  official,

16         2.  Making, publishing, disseminating, or circulating,

17         3.  Delivering to any person,

18         4.  Placing before the public, or

19         5.  Causing, directly or indirectly, to be made,

20  published, disseminated, circulated, or delivered to any

21  person, or place before the public,

22

23  any material false statement.

24         (b)  Knowingly making any false entry of a material

25  fact in any book, report, or statement of any person.

26         (c)  Denying a provider's claim for which an

27  authorization had been obtained pursuant to s. 641.315(2).

28         (5)  UNFAIR CLAIM SETTLEMENT PRACTICES.--

29         (a)  Attempting to settle claims on the basis of an

30  application or any other material document which was altered

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  1  without notice to, or knowledge or consent of, the subscriber

  2  or group of subscribers to a health maintenance organization;

  3         (b)  Making a material misrepresentation to the

  4  subscriber or provider for the purpose and with the intent of

  5  effecting settlement of claims, loss, or damage under a health

  6  maintenance contract on less favorable terms than those

  7  provided in, and contemplated by, the contract; or

  8         (c)  Committing or performing against a provider or

  9  subscriber with such frequency as to indicate a general

10  business practice any of the following:

11         1.  Failing to adopt and implement claims standards

12  defined in this chapter, including s. 641.3155, for the proper

13  processing, payment, and investigation of claims;

14         2.  Misrepresenting pertinent facts or contract

15  provisions relating to coverage at issue;

16         3.  Failing to acknowledge and act promptly upon any

17  communications from a subscriber or provider with respect to

18  claims;

19         4.  Denying of subscriber's or provider's claims or

20  portions of claims without conducting reasonable

21  investigations based upon available information;

22         5.  Failing to affirm or deny coverage of claims upon

23  written request of the subscriber or provider within a

24  reasonable time not to exceed 30 days after a claim or

25  proof-of-loss statements have been completed and documents

26  pertinent to the claim have been requested in a timely manner

27  and received by the health maintenance organization;

28         6.  Failing to promptly provide a reasonable

29  explanation in writing to the subscriber of the basis in the

30  health maintenance contract in relation to the facts or

31  applicable law for denial of a claim or for the offer of a

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  1  compromise settlement or failing to promptly provide a

  2  reasonable explanation in writing to the provider of the basis

  3  in the health maintenance contract in relation to the facts or

  4  applicable law or, in the case of a contracted provider, the

  5  basis in the provision of the provider's contract for denial

  6  of a claim or partial payment of a claim;

  7         7.  Downcoding of a provider's claim without seeking

  8  additional information or documentation;

  9         8.  Takebacks of alleged overpayments through

10  reductions or holdbacks of current payments;

11         9.7.  Failing to provide, upon written request of a

12  subscriber, itemized statements verifying that services and

13  supplies were furnished, where such statement is necessary for

14  the submission of other insurance claims covered by individual

15  specified disease or limited benefit policies, provided that

16  the organization may receive from the subscriber a reasonable

17  administrative charge for the cost of preparing such

18  statement; or

19         10.8.  Failing to provide any subscriber with services,

20  care, or treatment contracted for pursuant to any health

21  maintenance contract without a reasonable basis to believe

22  that a legitimate defense exists for not providing such

23  services, care, or treatment. To the extent that a national

24  disaster, war, riot, civil insurrection, epidemic, or any

25  other emergency or similar event not within the control of the

26  health maintenance organization results in the inability of

27  the facilities, personnel, or financial resources of the

28  health maintenance organization to provide or arrange for

29  provision of a health service in accordance with requirements

30  of this part, the health maintenance organization is required

31  only to make a good faith effort to provide or arrange for

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  1  provision of the service, taking into account the impact of

  2  the event.  For the purposes of this paragraph, an event is

  3  not within the control of the health maintenance organization

  4  if the health maintenance organization cannot exercise

  5  influence or dominion over its occurrence.

  6         Section 6.  Section 641.3909, Florida Statutes, is

  7  amended to read:

  8         641.3909  Cease and desist and penalty orders.--After

  9  the hearing provided in s. 641.3907, the department shall

10  enter a final order in accordance with s. 120.569. If it is

11  determined that the person, entity, or health maintenance

12  organization charged has engaged in an unfair or deceptive act

13  or practice or the unlawful operation of a health maintenance

14  organization without a subsisting certificate of authority,

15  the department shall also issue an order requiring the

16  violator to cease and desist from engaging in such method of

17  competition, act, or practice or unlawful operation of a

18  health maintenance organization. Further, if the act or

19  practice constitutes a violation of s. 641.3155, s. 641.3901,

20  or s. 641.3903, the department may, at its discretion, order

21  any one or more of the following:

22         (1)  Suspension or revocation of the health maintenance

23  organization's certificate of authority if it knew, or

24  reasonably should have known, it was in violation of this

25  part.

26         (2)  If it is determined that the person or entity

27  charged has engaged in the business of operating a health

28  maintenance organization without a certificate of authority,

29  an administrative penalty not to exceed $1,000 for each health

30  maintenance contract offered or effectuated.

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  1         (3)  Notwithstanding s. 641.25, with respect to any

  2  nonwillful violation, a fine of between $750 and $1,000 per

  3  violation; with respect to any knowing and willful violation,

  4  a fine of between $2,500 and $10,000 per violation. For

  5  purposes of this subsection, each claim not paid in accordance

  6  with s. 641.3155 constitutes a separate violation.

  7         Section 7.  Paragraph (d) of subsection 38 of section

  8  641.31, Florida Statutes, is amended to read:

  9         641.31  Health maintenance contracts.--

10         (38)

11         (d)  Notwithstanding the limitations of deductibles and

12  copayment provisions in this part, a point-of-service rider

13  may require the subscriber to pay a reasonable copayment for

14  each visit for services provided by a noncontracted provider

15  chosen at the time of the service. The copayment by the

16  subscriber may either be a specific dollar amount or a

17  percentage of the reimbursable provider charges covered by the

18  contract and must be paid by the subscriber to the

19  noncontracted provider upon receipt of covered services. The

20  point-of-service rider may require that a reasonable annual

21  deductible for the expenses associated with the

22  point-of-service rider be met and may include a lifetime

23  maximum benefit amount. The rider must include the language

24  required by s. 627.6044 and must comply with copayment limits

25  described in s. 627.6471. Section 641.315(4) and (5)

26  641.315(2) and (3) does not apply to a point-of-service rider

27  authorized under this subsection.

28         Section 8.  The Agency for Health Care Administration

29  shall adopt rules to administer this act.

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    Florida Senate - 2000                   CS for SB's 706 & 2234
    311-1935A-00




  1         Section 9.  This act shall take effect July 1, 2000,

  2  and shall apply to all claims submitted by a provider to a

  3  health maintenance entity after that date.

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    Florida Senate - 2000                   CS for SB's 706 & 2234
    311-1935A-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                    Senate Bills 706 and 2234

  3

  4  Provides that an HMO is bound by and required to, make payment
    for an eligible subscriber upon receipt of authorization as
  5  required by s. 641.495(4), (which requires HMO authorization
    and confirmation of eligibility within 60 minutes of the
  6  request), for covered medical services ordered by a provider
    and entered on the patient's medical record or covered medical
  7  services ordered by the HMO's employee or by an entity
    contracting with or acting on behalf of the HMO.
  8
    Requires an HMO to notify the provider within 14 days after
  9  receipt of a claim whether it is deficient in any way, whether
    the patient receiving the service is an eligible subscriber,
10  or if the service is not authorized. Failure to do so
    constitutes a complete waiver of the HMO's right to deny any
11  part of the claim.

12  Requests for treatment authorization may not be held pending.
    Requires the HMO to confirm, by facsimile or electronically,
13  subscriber eligibility and authorization within 60 minutes of
    the request.
14
    Requires an HMO to disclose to contract providers the mailing
15  or electronic address where claims should be sent for
    processing; the telephone number a provider may call for
16  questions; and the address of any separate claims processing
    centers for specific types of services. The HMO must provide
17  written notice to contract providers at least 30 days prior to
    any change in this information.
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    Applies the prompt payment statute, s. 641.3155, F.S., to
19  claims by non-contract providers.

20  Applies the requirements of the prompt payment statute (s.
    641.3155) to a "clean claim," defined as determined under
21  Department of Insurance rules, submitted by institutional
    providers on specified claim forms.
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    Provides that a claim shall be considered received by the HMO,
23  if the claim has been electronically transmitted, when receipt
    is verified electronically; or if the claim is mailed to the
24  address disclosed by the HMO, on the date indicated on the
    return receipt. Providers must wait 45 days before
25  resubmitting a duplicate claim.

26  Authorizes the Department of Insurance to assess a penalty of
    between $750 and $1,000 for each non-willful violation, and
27  between $2,500 and $10,000 for each knowing and willful
    violation of ss. 641.3901, 641.3903 (all current and new
28  unfair trade practices), or 641.3155 (prompt payment). Each
    claim not paid in accordance with s. 641.3155 shall constitute
29  a separate violation.

30  Prohibits retroactive reduction of previous overpayments
    through reduction of current payments, which would be an
31  unfair trade practice subject to department sanctions; and
    repeals current s. 641.3155(4) which requires such reductions
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    Florida Senate - 2000                   CS for SB's 706 & 2234
    311-1935A-00




  1  to be reconciled to specific claims.

  2  Creates a new Statewide Provider and Managed Care Organization
    Claim Dispute Mediation Program, established by the Agency for
  3  Health Care Administration to assist contracting and
    non-contracting providers and managed care entities to assist
  4  providers whose claims are not resolved to their satisfaction
    and managed care entities that seek to recover an overpayment.
  5
    Provisions related to the new claims dispute mediation program
  6  contain exemptions from public meetings and public records
    laws and constitutional requirements.
  7
    The committee substitute deletes provisions in SB 2234 that:
  8  added definitions for covered services, noncovered services,
    and subscriber expenses; required an HMO to notify the
  9  provider that a claim had been received within 2 days or 10
    days for claims submitted electronically or by mail,
10  respectively; required HMOs to acknowledge receiving requested
    additional information for a provider within 5 days after its
11  receipt; authorized the Department of Insurance to impose an
    administrative penalty against an HMO of up to $50,000 for
12  certain violations; and required that HMOs ensure that only a
    licensed Florida physician may render an adverse determination
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