CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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10  ______________________________________________________________
11  Representative(s) Bucher offered the following:
12
13         Amendment (with title amendment) 
14  Remove everything after the enacting clause
15
16  and insert:
17         Section 1.  Section 408.7057, Florida Statutes, is
18  amended to read:
19         408.7057  Statewide provider and health plan managed
20  care organization claim dispute resolution program.--
21         (1)  As used in this section, the term:
22         (a)  "Agency" means the Agency for Health Care
23  Administration.
24         (b)(a)  "Health plan Managed care organization" means a
25  health maintenance organization or a prepaid health clinic
26  certified under chapter 641, a prepaid health plan authorized
27  under s. 409.912, or an exclusive provider organization
28  certified under s. 627.6472, or a major medical expense health
29  insurance policy, as defined in s. 627.643(2)(e), offered by a
30  group or an individual health insurer licensed pursuant to
31  chapter 624, including a preferred provider organization under
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  s. 627.6471.
  2         (c)(b)  "Resolution organization" means a qualified
  3  independent third-party claim-dispute-resolution entity
  4  selected by and contracted with the Agency for Health Care
  5  Administration.
  6         (2)(a)  The agency for Health Care Administration shall
  7  establish a program by January 1, 2001, to provide assistance
  8  to contracted and noncontracted providers and health plans
  9  managed care organizations for resolution of claim disputes
10  that are not resolved by the provider and the health plan
11  managed care organization. The agency shall contract with a
12  resolution organization to timely review and consider claim
13  disputes submitted by providers and health plans managed care
14  organizations and recommend to the agency an appropriate
15  resolution of those disputes. The agency shall establish by
16  rule jurisdictional amounts and methods of aggregation for
17  claim disputes that may be considered by the resolution
18  organization.
19         (b)  The resolution organization shall review claim
20  disputes filed by contracted and noncontracted providers and
21  health plans managed care organizations unless the disputed
22  claim:
23         1.  Is related to interest payment;
24         2.  Does not meet the jurisdictional amounts or the
25  methods of aggregation established by agency rule, as provided
26  in paragraph (a);
27         3.  Is part of an internal grievance in a Medicare
28  managed care organization or a reconsideration appeal through
29  the Medicare appeals process;
30         4.  Is related to a health plan that is not regulated
31  by the state;
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1         5.  Is part of a Medicaid fair hearing pursued under 42
  2  C.F.R. ss. 431.220 et seq.;
  3         6.  Is the basis for an action pending in state or
  4  federal court; or
  5         7.  Is subject to a binding claim-dispute-resolution
  6  process provided by contract entered into prior to October 1,
  7  2000, between the provider and the managed care organization.
  8         (c)  Contracts entered into or renewed on or after
  9  October 1, 2000, may require exhaustion of an internal
10  dispute-resolution process as a prerequisite to the submission
11  of a claim by a provider or a health plan maintenance
12  organization to the resolution organization when the
13  dispute-resolution program becomes effective.
14         (d)  A contracted or noncontracted provider or health
15  plan maintenance organization may not file a claim dispute
16  with the resolution organization more than 12 months after a
17  final determination has been made on a claim by a health plan
18  or provider maintenance organization.
19         (e)  The resolution organization shall require the
20  health plan or provider submitting the claim dispute to submit
21  any supporting documentation to the resolution organization
22  within 15 days after receipt by the health plan or provider of
23  a request from the resolution organization for documentation
24  in support of the claim dispute. The resolution organization
25  may extend the time if appropriate. Failure to submit the
26  supporting documentation within such time period shall result
27  in the dismissal of the submitted claim dispute.
28         (f)  The resolution organization shall require the
29  respondent in the claim dispute to submit all documentation in
30  support of its position within 15 days after receiving a
31  request from the resolution organization for supporting
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  documentation. The resolution organization may extend the time
  2  if appropriate. Failure to submit the supporting documentation
  3  within such time period shall result in a default against the
  4  health plan or provider. In the event of such a default, the
  5  resolution organization shall issue its written recommendation
  6  to the agency that a default be entered against the defaulting
  7  entity. The written recommendation shall include a
  8  recommendation to the agency that the defaulting entity shall
  9  pay the entity submitting the claim dispute the full amount of
10  the claim dispute, plus all accrued interest, and shall be
11  considered a nonprevailing party for the purposes of this
12  section.
13         (g)  If, on an ongoing basis, during the preceding
14  12-month period, the resolution organization has reason to
15  believe that a pattern exists on the part of a particular
16  health plan or provider, the resolution organization shall
17  evaluate the information contained in these cases to determine
18  whether the information as to the timely processing of claims
19  evidences a pattern of violation of s. 627.6131 or s. 641.3155
20  and report its findings, together with substantiating
21  evidence, to the appropriate licensure or certification entity
22  for the health plan or provider.
23         (3)  The agency shall adopt rules to establish a
24  process to be used by the resolution organization in
25  considering claim disputes submitted by a provider or health
26  plan managed care organization which must include the issuance
27  by the resolution organization of a written recommendation,
28  supported by findings of fact, to the agency within 60 days
29  after the requested information is received by the resolution
30  organization within the timeframes specified by the resolution
31  organization. In no event shall the review time exceed 90 days
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  following receipt of the initial claim dispute submission by
  2  the resolution organization receipt of the claim dispute
  3  submission.
  4         (4)  Within 30 days after receipt of the recommendation
  5  of the resolution organization, the agency shall adopt the
  6  recommendation as a final order.
  7         (5)  The agency shall notify within 7 days the
  8  appropriate licensure or certification entity whenever there
  9  is a violation of a final order issued by the agency pursuant
10  to this section.
11         (6)(5)  The entity that does not prevail in the
12  agency's order must pay a review cost to the review
13  organization, as determined by agency rule. Such rule must
14  provide for an apportionment of the review fee in any case in
15  which both parties prevail in part. If the nonprevailing party
16  fails to pay the ordered review cost within 35 days after the
17  agency's order, the nonpaying party is subject to a penalty of
18  not more than $500 per day until the penalty is paid.
19         (7)(6)  The agency for Health Care Administration may
20  adopt rules to administer this section.
21         Section 2.  Section 627.6131, Florida Statutes, is
22  created to read:
23         627.6131  Payment of claims.--
24         (1)  The contract shall include the following
25  provision:
26
27         "Time of Payment of Claims: After receiving
28         written proof of loss, the insurer will pay
29         monthly all benefits then due for ...(type of
30         benefit).... Benefits for any other loss
31         covered by this policy will be paid as soon as
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1         the insurer receives proper written proof."
  2
  3         (2)  As used in this section, the term "claim" for a
  4  noninstitutional provider means a paper or electronic billing
  5  instrument submitted to the insurer's designated location that
  6  consists of the HCFA 1500 data set, or its successor, that has
  7  all mandatory entries for a physician licensed under chapter
  8  458, chapter 459, chapter 460, or chapter 461 or other
  9  appropriate billing instrument that has all mandatory entries
10  for any other noninstitutional provider. For institutional
11  providers, "claim" means a paper or electronic billing
12  instrument submitted to the insurer's designated location that
13  consists of the UB-92 data set or its successor that has all
14  mandatory entries.
15         (3)  All claims for payment, whether electronic or
16  nonelectronic:
17         (a)  Are considered received on the date the claim is
18  received by the insurer at its designated claims receipt
19  location.
20         (b)  Must be mailed or electronically transferred to an
21  insurer within 9 months after completion of the service and
22  the provider is furnished with the correct name and address of
23  the patient's health insurer.
24         (c)  Must not duplicate a claim previously submitted
25  unless it is determined that the original claim was not
26  received or is otherwise lost.
27         (4)  For all electronically submitted claims, a health
28  insurer shall:
29         (a)  Within 24 hours after the beginning of the next
30  business day after receipt of the claim, provide electronic
31  acknowledgment of the receipt of the claim to the electronic
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  source submitting the claim.
  2         (b)  Within 20 days after receipt of the claim, pay the
  3  claim or notify a provider or designee if a claim is denied or
  4  contested.  Notice of the insurer's action on the claim and
  5  payment of the claim is considered to be made on the date the
  6  notice or payment was mailed or electronically transferred.
  7         (c)1.  Notification of the health insurer's
  8  determination of a contested claim must be accompanied by an
  9  itemized list of additional information or documents the
10  insurer can reasonably determine are necessary to process the
11  claim.
12         2.  A provider must submit the additional information
13  or documentation, as specified on the itemized list, within 35
14  days after receipt of the notification. Failure of a provider
15  to submit by mail or electronically the additional information
16  or documentation requested within 35 days after receipt of the
17  notification may result in denial of the claim.
18         3.  A health insurer may not make more than one request
19  for documents under this paragraph in connection with a claim,
20  unless the provider fails to submit all of the requested
21  documents to process the claim or if documents submitted by
22  the provider raise new additional issues not included in the
23  original written itemization, in which case the health insurer
24  may provide the provider with one additional opportunity to
25  submit the additional documents needed to process the claim.
26  In no case may the health insurer request duplicate documents.
27         (d)  For purposes of this subsection, electronic means
28  of transmission of claims, notices, documents, forms, and
29  payments shall be used to the greatest extent possible by the
30  health insurer and the provider.
31         (e)  A claim must be paid or denied within 90 days
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  after receipt of the claim. Failure to pay or deny a claim
  2  within 120 days after receipt of the claim creates an
  3  uncontestable obligation to pay the claim.
  4         (5)  For all nonelectronically submitted claims, a
  5  health insurer shall:
  6         (a)  Effective November 1, 2003, provide acknowledgment
  7  of receipt of the claim within 15 days after receipt of the
  8  claim to the provider or provide a provider within 15 days
  9  after receipt with electronic access to the status of a
10  submitted claim.
11         (b)  Within 40 days after receipt of the claim, pay the
12  claim or notify a provider or designee if a claim is denied or
13  contested.  Notice of the insurer's action on the claim and
14  payment of the claim is considered to be made on the date the
15  notice or payment was mailed or electronically transferred.
16         (c)1.  Notification of the health insurer's
17  determination of a contested claim must be accompanied by an
18  itemized list of additional information or documents the
19  insurer can reasonably determine are necessary to process the
20  claim.
21         2.  A provider must submit the additional information
22  or documentation, as specified on the itemized list, within 35
23  days after receipt of the notification. Failure of a provider
24  to submit by mail or electronically the additional information
25  or documentation requested within 35 days after receipt of the
26  notification may result in denial of the claim.
27         3.  A health insurer may not make more than one request
28  for documents under this paragraph in connection with a claim
29  unless the provider fails to submit all of the requested
30  documents to process the claim or if documents submitted by
31  the provider raise new additional issues not included in the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  original written itemization, in which case the health insurer
  2  may provide the provider with one additional opportunity to
  3  submit the additional documents needed to process the claim.
  4  In no case may the health insurer request duplicate documents.
  5         (d)  For purposes of this subsection, electronic means
  6  of transmission of claims, notices, documents, forms, and
  7  payments shall be used to the greatest extent possible by the
  8  health insurer and the provider.
  9         (e)  A claim must be paid or denied within 120 days
10  after receipt of the claim. Failure to pay or deny a claim
11  within 140 days after receipt of the claim creates an
12  uncontestable obligation to pay the claim.
13         (6)  If a health insurer determines that it has made an
14  overpayment to a provider for services rendered to an insured,
15  the health insurer must make a claim for such overpayment.  A
16  health insurer that makes a claim for overpayment to a
17  provider under this section shall give the provider a written
18  or electronic statement specifying the basis for the
19  retroactive denial or payment adjustment. The insurer must
20  identify the claim or claims, or overpayment claim portion
21  thereof, for which a claim for overpayment is submitted.
22         (a)  If an overpayment determination is the result of
23  retroactive review or audit of coverage decisions or payment
24  levels not related to fraud, a health insurer shall adhere to
25  the following procedures:
26         1.  All claims for overpayment must be submitted to a
27  provider within 30 months after the health insurer's payment
28  of the claim. A provider must pay, deny, or contest the health
29  insurer's claim for overpayment within 40 days after the
30  receipt of the claim. All contested claims for overpayment
31  must be paid or denied within 120 days after receipt of the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  claim. Failure to pay or deny overpayment and claim within 140
  2  days after receipt creates an uncontestable obligation to pay
  3  the claim.
  4         2.  A provider that denies or contests a health
  5  insurer's claim for overpayment or any portion of a claim
  6  shall notify the health insurer, in writing, within 35 days
  7  after the provider receives the claim that the claim for
  8  overpayment is contested or denied. The notice that the claim
  9  for overpayment is denied or contested must identify the
10  contested portion of the claim and the specific reason for
11  contesting or denying the claim and, if contested, must
12  include a request for additional information. If the health
13  insurer submits additional information, the health insurer
14  must, within 35 days after receipt of the request, mail or
15  electronically transfer the information to the provider. The
16  provider shall pay or deny the claim for overpayment within 45
17  days after receipt of the information. The notice is
18  considered made on the date the notice is mailed or
19  electronically transferred by the provider.
20         3.  Failure of a health insurer to respond to a
21  provider's contesting of claim or request for additional
22  information regarding the claim within 35 days after receipt
23  of such notice may result in denial of the claim.
24         4.  The health insurer may not reduce payment to the
25  provider for other services unless the provider agrees to the
26  reduction in writing or fails to respond to the health
27  insurer's overpayment claim as required by this paragraph.
28         5.  Payment of an overpayment claim is considered made
29  on the date the payment was mailed or electronically
30  transferred.  An overdue payment of a claim bears simple
31  interest at the rate of 12 percent per year.  Interest on an
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  overdue payment for a claim for an overpayment begins to
  2  accrue when the claim should have been paid, denied, or
  3  contested.
  4         (b)  A claim for overpayment shall not be permitted
  5  beyond 30 months after the health insurer's payment of a
  6  claim, except that claims for overpayment may be sought beyond
  7  that time from providers convicted of fraud pursuant to s.
  8  817.234.
  9         (7)  Payment of a claim is considered made on the date
10  the payment was mailed or electronically transferred. An
11  overdue payment of a claim bears simple interest of 12 percent
12  per year. Interest on an overdue payment for a claim or for
13  any portion of a claim begins to accrue when the claim should
14  have been paid, denied, or contested. The interest is payable
15  with the payment of the claim.
16         (8)  For all contracts entered into or renewed on or
17  after October 1, 2002, a health insurer's internal dispute
18  resolution process related to a denied claim not under active
19  review by a mediator, arbitrator, or third-party dispute
20  entity must be finalized within 60 days after the receipt of
21  the provider's request for review or appeal.
22         (9)  A provider or any representative of a provider,
23  regardless of whether the provider is under contract with the
24  health insurer, may not collect or attempt to collect money
25  from, maintain any action at law against, or report to a
26  credit agency an insured for payment of covered services for
27  which the health insurer contested or denied the provider's
28  claim. This prohibition applies during the pendency of any
29  claim for payment made by the provider to the health insurer
30  for payment of the services or internal dispute resolution
31  process to determine whether the health insurer is liable for
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  the services.  For a claim, this pendency applies from the
  2  date the claim or a portion of the claim is denied to the date
  3  of the completion of the health insurer's internal dispute
  4  resolution process, not to exceed 60 days.
  5         (10)  The provisions of this section may not be waived,
  6  voided, or nullified by contract.
  7         (11)  A health insurer may not retroactively deny a
  8  claim because of insured ineligibility more than 1 year after
  9  the date of payment of the claim.
10         (12)  A health insurer shall pay a contracted primary
11  care or admitting physician, pursuant to such physician's
12  contract, for providing inpatient services in a contracted
13  hospital to an insured if such services are determined by the
14  health insurer to be medically necessary and covered services
15  under the health insurer's contract with the contract holder.
16         (13)  Upon written notification by an insured, an
17  insurer shall investigate any claim of improper billing by a
18  physician, hospital, or other health care provider. The
19  insurer shall determine if the insured was properly billed for
20  only those procedures and services that the insured actually
21  received. If the insurer determines that the insured has been
22  improperly billed, the insurer shall notify the insured and
23  the provider of its findings and shall reduce the amount of
24  payment to the provider by the amount determined to be
25  improperly billed. If a reduction is made due to such
26  notification by the insured, the insurer shall pay to the
27  insured 20 percent of the amount of the reduction up to $500.
28         (14)  A permissible error ratio of 5 percent is
29  established for insurer's claims payment violations of s.
30  627.6131(4)(a), (b), (c), and (e) and (5)(a), (b), (c), and
31  (e).  If the error ratio of a particular insurer does not
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  exceed the permissible error ratio of 5 percent for an audit
  2  period, no fine shall be assessed for the noted claims
  3  violations for the audit period.  The error ratio shall be
  4  determined by dividing the number of claims with violations
  5  found on a statistically valid sample of claims for the audit
  6  period by the total number of claims in the sample.  If the
  7  error ratio exceeds the permissible error ratio of 5 percent,
  8  a fine may be assessed according to s. 624.4211 for those
  9  claims payment violations which exceed the error ratio.
10  Notwithstanding the provisions of this section, the department
11  may fine a health insurer for claims payment violations of s.
12  627.6131(4)(e) and (5)(e) which create an uncontestable
13  obligation to pay the claim.  The department shall not fine
14  insurers for violations which the department determines were
15  due to circumstances beyond the insurer's control.
16         (15)  This section is applicable only to a major
17  medical expense health insurance policy as defined in s.
18  627.643(2)(e) offered by a group or an individual health
19  insurer licensed pursuant to chapter 624, including a
20  preferred provider policy under s. 627.6471 and an exclusive
21  provider organization under s. 627.6472 or a group or
22  individual insurance contract that provides payment for
23  enumerated dental services.
24         Section 3.  Section 627.6135, Florida Statutes, is
25  created to read:
26         627.6135  Treatment authorization; payment of claims.--
27         (1)  For purposes of this section, "authorization"
28  consists of any requirement of a provider to obtain prior
29  approval or to provide documentation relating to the necessity
30  of a covered medical treatment or service as a condition for
31  reimbursement for the treatment or service prior to the
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  treatment or service. Each authorization request from a
  2  provider must be assigned an identification number by the
  3  health insurer.
  4         (2)  Upon receipt of a request from a provider for
  5  authorization, the health insurer shall make a determination
  6  within a reasonable time appropriate to medical circumstance
  7  indicating whether the treatment or services are authorized.
  8  For urgent care requests for which the standard timeframe for
  9  the health insurer to make a determination would seriously
10  jeopardize the life or health of an insured or would
11  jeopardize the insured's ability to regain maximum function, a
12  health insurer must notify the provider as to its
13  determination as soon as possible taking into account medical
14  exigencies.
15         (3)  Each response to an authorization request must be
16  assigned an identification number. Each authorization provided
17  by a health insurer must include the date of request of
18  authorization, a timeframe of the authorization, length of
19  stay if applicable, identification number of the
20  authorization, place of service, and type of service.
21         (4)  A claim for treatment may not be denied if a
22  provider follows the health insurer's authorization procedures
23  and receives authorization for a covered service for an
24  eligible insured unless the provider provided information to
25  the health insurer with the intention to misinform the health
26  insurer.
27         (5)  A health insurer's requirements for authorization
28  for medical treatment or services and 30-day advance notice of
29  material change in such requirements must be provided to all
30  contracted providers and upon request to all noncontracted
31  providers. A health insurer that makes such requirements and
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  advance notices accessible to providers and insureds
  2  electronically shall be deemed to be in compliance with this
  3  subsection.
  4         Section 4.  Subsection (4) of section 627.651, Florida
  5  Statutes, is amended to read:
  6         627.651  Group contracts and plans of self-insurance
  7  must meet group requirements.--
  8         (4)  This section does not apply to any plan which is
  9  established or maintained by an individual employer in
10  accordance with the Employee Retirement Income Security Act of
11  1974, Pub. L. No. 93-406, or to a multiple-employer welfare
12  arrangement as defined in s. 624.437(1), except that a
13  multiple-employer welfare arrangement shall comply with ss.
14  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,
15  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(6).
16  This subsection does not allow an authorized insurer to issue
17  a group health insurance policy or certificate which does not
18  comply with this part.
19         Section 5.  Section 627.662, Florida Statutes, is
20  amended to read:
21         627.662  Other provisions applicable.--The following
22  provisions apply to group health insurance, blanket health
23  insurance, and franchise health insurance:
24         (1)  Section 627.569, relating to use of dividends,
25  refunds, rate reductions, commissions, and service fees.
26         (2)  Section 627.602(1)(f) and (2), relating to
27  identification numbers and statement of deductible provisions.
28         (3)  Section 627.635, relating to excess insurance.
29         (4)  Section 627.638, relating to direct payment for
30  hospital or medical services.
31         (5)  Section 627.640, relating to filing and
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  classification of rates.
  2         (6)  Section 627.613, relating to timely payment of
  3  claims, or s. 627.6131, relating to payment of claims.
  4         (7)  Section 627.6135, relating to treatment
  5  authorizations and payment of claims.
  6         (8)(6)  Section 627.645(1), relating to denial of
  7  claims.
  8         (9)(7)  Section 627.613, relating to time of payment of
  9  claims.
10         (10)(8)  Section 627.6471, relating to preferred
11  provider organizations.
12         (11)(9)  Section 627.6472, relating to exclusive
13  provider organizations.
14         (12)(10)  Section 627.6473, relating to combined
15  preferred provider and exclusive provider policies.
16         (13)(11)  Section 627.6474, relating to provider
17  contracts.
18         Section 6.  Subsection (2) of section 627.638, Florida
19  Statutes, is amended to read:
20         627.638  Direct payment for hospital, medical
21  services.--
22         (2)  Whenever, in any health insurance claim form, an
23  insured specifically authorizes payment of benefits directly
24  to any recognized hospital or physician, the insurer shall
25  make such payment to the designated provider of such services,
26  unless otherwise provided in the insurance contract. However,
27  if:
28         (a)  The benefit is determined to be covered under the
29  terms of the policy;
30         (b)  The claim is limited to treatment of mental health
31  or substance abuse, including drug and alcohol abuse; and
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  1         (c)  The insured authorizes the insurer, in writing, as
  2  part of the claim to make direct payment of benefits to a
  3  recognized hospital, physician, or other licensed provider,
  4
  5  payments shall be made directly to the recognized hospital,
  6  physician, or other licensed provider, notwithstanding any
  7  contrary provisions in the insurance contract.
  8         Section 7.  Subsection (4) is added to section 641.234,
  9  Florida Statutes, to read:
10         641.234  Administrative, provider, and management
11  contracts.--
12         (4)  If a health maintenance organization, through a
13  health care risk contract, transfers to any entity the
14  obligations to pay any provider for any claims arising from
15  services provided to or for the benefit of any subscriber of
16  the organization, the health maintenance organization shall
17  remain responsible for any violations of ss. 641.3155 and
18  641.51(4). The provisions of ss. 624.418-624.4211 and 641.52
19  shall apply to any such violations. For purposes of this
20  subsection:
21         (a)  The term "health care risk contract" shall mean a
22  contract under which an entity receives compensation in
23  exchange for providing to the health maintenance organization
24  a provider network or other services, which may include
25  administrative services.
26         (b)  The term "entity" shall not include any provider
27  or group practice, as defined in s. 456.053, providing
28  services under the scope of the license of the provider or the
29  members of the group practice.
30         Section 8.  Subsection (1) of section 641.30, Florida
31  Statutes, is amended to read:
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  1         641.30  Construction and relationship to other laws.--
  2         (1)  Every health maintenance organization shall accept
  3  the standard health claim form prescribed pursuant to s.
  4  641.3155 627.647.
  5         Section 9.  Subsection (4) of section 641.3154, Florida
  6  Statutes, is amended to read:
  7         641.3154  Organization liability; provider billing
  8  prohibited.--
  9         (4)  A provider or any representative of a provider,
10  regardless of whether the provider is under contract with the
11  health maintenance organization, may not collect or attempt to
12  collect money from, maintain any action at law against, or
13  report to a credit agency a subscriber of an organization for
14  payment of services for which the organization is liable, if
15  the provider in good faith knows or should know that the
16  organization is liable. This prohibition applies during the
17  pendency of any claim for payment made by the provider to the
18  organization for payment of the services and any legal
19  proceedings or dispute resolution process to determine whether
20  the organization is liable for the services if the provider is
21  informed that such proceedings are taking place. It is
22  presumed that a provider does not know and should not know
23  that an organization is liable unless:
24         (a)  The provider is informed by the organization that
25  it accepts liability;
26         (b)  A court of competent jurisdiction determines that
27  the organization is liable; or
28         (c)  The department or agency makes a final
29  determination that the organization is required to pay for
30  such services subsequent to a recommendation made by the
31  Statewide Provider and Subscriber Assistance Panel pursuant to
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  1  s. 408.7056; or
  2         (d)  The agency issues a final order that the
  3  organization is required to pay for such services subsequent
  4  to a recommendation made by a resolution organization pursuant
  5  to s. 408.7057.
  6         Section 10.  Section 641.3155, Florida Statutes, is
  7  amended to read:
  8         (Substantial rewording of section. See
  9         s. 641.3155, F.S., for present text.)
10         641.3155  Prompt payment of claims.--
11         (1)  As used in this section, the term "claim" for a
12  noninstitutional provider means a paper or electronic billing
13  instrument submitted to the health maintenance organization's
14  designated location that consists of the HCFA 1500 data set,
15  or its successor, that has all mandatory entries for a
16  physician licensed under chapter 458, chapter 459, chapter
17  460, or chapter 461 or other appropriate billing instrument
18  that has all mandatory entries for any other noninstitutional
19  provider. For institutional providers, "claim" means a paper
20  or electronic billing instrument submitted to the health
21  maintenance organization's designated location that consists
22  of the UB-92 data set or its successor that has all mandatory
23  entries.
24         (2)  All claims for payment, whether electronic or
25  nonelectronic:
26         (a)  Are considered received on the date the claim is
27  received by the organization at its designated claims receipt
28  location.
29         (b)  Must be mailed or electronically transferred to an
30  organization within 9 months after completion of the service
31  and the provider is furnished with the correct name and
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  1  address of the patient's health insurer.
  2         (c)  Must not duplicate a claim previously submitted
  3  unless it is determined that the original claim was not
  4  received or is otherwise lost.
  5         (3)  For all electronically submitted claims, a health
  6  maintenance organization shall:
  7         (a)  Within 24 hours after the beginning of the next
  8  business day after receipt of the claim, provide electronic
  9  acknowledgment of the receipt of the claim to the electronic
10  source submitting the claim.
11         (b)  Within 20 days after receipt of the claim, pay the
12  claim or notify a provider or designee if a claim is denied or
13  contested.  Notice of the organization's action on the claim
14  and payment of the claim is considered to be made on the date
15  the notice or payment was mailed or electronically
16  transferred.
17         (c)1.  Notification of the health maintenance
18  organization's determination of a contested claim must be
19  accompanied by an itemized list of additional information or
20  documents the insurer can reasonably determine are necessary
21  to process the claim.
22         2.  A provider must submit the additional information
23  or documentation, as specified on the itemized list, within 35
24  days after receipt of the notification. Failure of a provider
25  to submit by mail or electronically the additional information
26  or documentation requested within 35 days after receipt of the
27  notification may result in denial of the claim.
28         3.  A health maintenance organization may not make more
29  than one request for documents under this paragraph in
30  connection with a claim, unless the provider fails to submit
31  all of the requested documents to process the claim or if
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  1  documents submitted by the provider raise new additional
  2  issues not included in the original written itemization, in
  3  which case the health maintenance organization may provide the
  4  provider with one additional opportunity to submit the
  5  additional documents needed to process the claim.  In no case
  6  may the health maintenance organization request duplicate
  7  documents.
  8         (d)  For purposes of this subsection, electronic means
  9  of transmission of claims, notices, documents, forms, and
10  payment shall be used to the greatest extent possible by the
11  health maintenance organization and the provider.
12         (e)  A claim must be paid or denied within 90 days
13  after receipt of the claim. Failure to pay or deny a claim
14  within 120 days after receipt of the claim creates an
15  uncontestable obligation to pay the claim.
16         (4)  For all nonelectronically submitted claims, a
17  health maintenance organization shall:
18         (a)  Effective November 1, 2003, provide
19  acknowledgement of receipt of the claim within 15 days after
20  receipt of the claim to the provider or designee or provide a
21  provider or designee within 15 days after receipt with
22  electronic access to the status of a submitted claim.
23         (b)  Within 40 days after receipt of the claim, pay the
24  claim or notify a provider or designee if a claim is denied or
25  contested.  Notice of the health maintenance organization's
26  action on the claim and payment of the claim is considered to
27  be made on the date the notice or payment was mailed or
28  electronically transferred.
29         (c)1.  Notification of the health maintenance
30  organization's determination of a contested claim must be
31  accompanied by an itemized list of additional information or
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                                                  Bill No. HB 2007
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  1  documents the organization can reasonably determine are
  2  necessary to process the claim.
  3         2.  A provider must submit the additional information
  4  or documentation, as specified on the itemized list, within 35
  5  days after receipt of the notification. Failure of a provider
  6  to submit by mail or electronically the additional information
  7  or documentation requested within 35 days after receipt of the
  8  notification may result in denial of the claim.
  9         3.  A health maintenance organization may not make more
10  than one request for documents under this paragraph in
11  connection with a claim unless the provider fails to submit
12  all of the requested documents to process the claim or if
13  documents submitted by the provider raise new additional
14  issues not included in the original written itemization, in
15  which case the health maintenance organization may provide the
16  provider with one additional opportunity to submit the
17  additional documents needed to process the claim.  In no case
18  may the health maintenance organization request duplicate
19  documents.
20         (d)  For purposes of this subsection, electronic means
21  of transmission of claims, notices, documents, forms, and
22  payments shall be used to the greatest extent possible by the
23  health maintenance organization and the provider.
24         (e)  A claim must be paid or denied within 120 days
25  after receipt of the claim. Failure to pay or deny a claim
26  within 140 days after receipt of the claim creates an
27  uncontestable obligation to pay the claim.
28         (5)  If a health maintenance organization determines
29  that it has made an overpayment to a provider for services
30  rendered to a subscriber, the health maintenance organization
31  must make a claim for such overpayment.  A health maintenance
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  organization that makes a claim for overpayment to a provider
  2  under this section shall give the provider a written or
  3  electronic statement specifying the basis for the retroactive
  4  denial or payment adjustment.  The health maintenance
  5  organization must identify the claim or claims, or overpayment
  6  claim portion thereof, for which a claim for overpayment is
  7  submitted.
  8         (a)  If an overpayment determination is the result of
  9  retroactive review or audit of coverage decisions or payment
10  levels not related to fraud, a health maintenance organization
11  shall adhere to the following procedures:
12         1.  All claims for overpayment must be submitted to a
13  provider within 30 months after the health maintenance
14  organization's payment of the claim. A provider must pay,
15  deny, or contest the health maintenance organization's claim
16  for overpayment within 40 days after the receipt of the claim.
17  All contested claims for overpayment must be paid or denied
18  within 120 days after receipt of the claim. Failure to pay or
19  deny overpayment and claim within 140 days after receipt
20  creates an uncontestable obligation to pay the claim.
21         2.  A provider that denies or contests a health
22  maintenance organization's claim for overpayment or any
23  portion of a claim shall notify the organization, in writing,
24  within 35 days after the provider receives the claim that the
25  claim for overpayment is contested or denied.  The notice that
26  the claim for overpayment is denied or contested must identify
27  the contested portion of the claim and the specific reason for
28  contesting or denying the claim and, if contested, must
29  include a request for additional information.  If the
30  organization submits additional information, the organization
31  must, within 35 days after receipt of the request, mail or
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  electronically transfer the information to the provider.  The
  2  provider shall pay or deny the claim for overpayment within 45
  3  days after receipt of the information.  The notice is
  4  considered made on the date the notice is mailed or
  5  electronically transferred by the provider.
  6         3.  Failure of a health maintenance organization to
  7  respond to a provider's contestment of claim or request for
  8  additional information regarding the claim within 35 days
  9  after receipt of such notice may result in denial of the
10  claim.
11         4.  The health maintenance organization may not reduce
12  payment to the provider for other services unless the provider
13  agrees to the reduction in writing or fails to respond to the
14  health maintenance organization's overpayment claim as
15  required by this paragraph.
16         5.  Payment of an overpayment claim is considered made
17  on the date the payment was mailed or electronically
18  transferred.  An overdue payment of a claim bears simple
19  interest at the rate of 12 percent per year.  Interest on an
20  overdue payment for a claim for an overpayment payment begins
21  to accrue when the claim should have been paid, denied, or
22  contested.
23         (b)  A claim for overpayment shall not be permitted
24  beyond 30 months after the health maintenance organization's
25  payment of a claim, except that claims for overpayment may be
26  sought beyond that time from providers convicted of fraud
27  pursuant to s. 817.234.
28         (6)  Payment of a claim is considered made on the date
29  the payment was mailed or electronically transferred. An
30  overdue payment of a claim bears simple interest of 12 percent
31  per year. Interest on an overdue payment for a claim or for
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  any portion of a claim begins to accrue when the claim should
  2  have been paid, denied, or contested.  The interest is payable
  3  with the payment of the claim.
  4         (7)(a)  For all contracts entered into or renewed on or
  5  after October 1, 2002, a health maintenance organization's
  6  internal dispute resolution process related to a denied claim
  7  not under active review by a mediator, arbitrator, or
  8  third-party dispute entity must be finalized within 60 days
  9  after the receipt of the provider's request for review or
10  appeal.
11         (b)  All claims to a health maintenance organization
12  begun after October 1, 2000, not under active review by a
13  mediator, arbitrator, or third-party dispute entity, shall
14  result in a final decision on the claim by the health
15  maintenance organization by January 2, 2003, for the purpose
16  of the statewide provider and managed care organization claim
17  dispute resolution program pursuant to s. 408.7057.
18         (8)  A provider or any representative of a provider,
19  regardless of whether the provider is under contract with the
20  health maintenance organization, may not collect or attempt to
21  collect money from, maintain any action at law against, or
22  report to a credit agency a subscriber for payment of covered
23  services for which the health maintenance organization
24  contested or denied the provider's claim. This prohibition
25  applies during the pendency of any claim for payment made by
26  the provider to the health maintenance organization for
27  payment of the services or internal dispute resolution process
28  to determine whether the health maintenance organization is
29  liable for the services. For a claim, this pendency applies
30  from the date the claim or a portion of the claim is denied to
31  the date of the completion of the health maintenance
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  organization's internal dispute resolution process, not to
  2  exceed 60 days.
  3         (9)  The provisions of this section may not be waived,
  4  voided, or nullified by contract.
  5         (10)  A health maintenance organization may not
  6  retroactively deny a claim because of subscriber ineligibility
  7  more than 1 year after the date of payment of the claim.
  8         (11)  A health maintenance organization shall pay a
  9  contracted primary care or admitting physician, pursuant to
10  such physician's contract, for providing inpatient services in
11  a contracted hospital to a subscriber if such services are
12  determined by the health maintenance organization to be
13  medically necessary and covered services under the health
14  maintenance organization's contract with the contract holder.
15         (12)  Upon written notification by a subscriber, a
16  health maintenance organization shall investigate any claim of
17  improper billing by a physician, hospital, or other health
18  care provider. The organization shall determine if the
19  subscriber was properly billed for only those procedures and
20  services that the subscriber actually received. If the
21  organization determines that the subscriber has been
22  improperly billed, the organization shall notify the
23  subscriber and the provider of its findings and shall reduce
24  the amount of payment to the provider by the amount determined
25  to be improperly billed. If a reduction is made due to such
26  notification by the insured, the insurer shall pay to the
27  insured 20 percent of the amount of the reduction up to $500.
28         (13)  A permissible error ratio of 5 percent is
29  established for health maintenance organizations' claims
30  payment violations of s. 641.3155(3)(a), (b), (c), and (e) and
31  (4)(a), (b), (c), and (e).  If the error ratio of a particular
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  insurer does not exceed the permissible error ratio of 5
  2  percent for an audit period, no fine shall be assessed for the
  3  noted claims violations for the audit period.  The error ratio
  4  shall be determined by dividing the number of claims with
  5  violations found on a statistically valid sample of claims for
  6  the audit period by the total number of claims in the sample.
  7  If the error ratio exceeds the permissible error ratio of 5
  8  percent, a fine may be assessed according to s. 624.4211 for
  9  those claims payment violations which exceed the error ratio.
10  Notwithstanding the provisions of this section, the department
11  may fine a health maintenance organization for claims payment
12  violations of s. 641.3155(3)(e) and (4)(e) which create an
13  uncontestable obligation to pay the claim.  The department
14  shall not fine organizations for violations which the
15  department determines were due to circumstances beyond the
16  organization's control.
17         Section 11.  Section 641.3156, Florida Statutes, is
18  amended to read:
19         641.3156  Treatment authorization; payment of claims.--
20         (1)  For purposes of this section, "authorization"
21  consists of any requirement of a provider to obtain prior
22  approval or to provide documentation relating to the necessity
23  of a covered medical treatment or service as a condition for
24  reimbursement for the treatment or service prior to the
25  treatment or service. Each authorization request from a
26  provider must be assigned an identification number by the
27  health maintenance organization A health maintenance
28  organization must pay any hospital-service or referral-service
29  claim for treatment for an eligible subscriber which was
30  authorized by a provider empowered by contract with the health
31  maintenance organization to authorize or direct the patient's
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  utilization of health care services and which was also
  2  authorized in accordance with the health maintenance
  3  organization's current and communicated procedures, unless the
  4  provider provided information to the health maintenance
  5  organization with the willful intention to misinform the
  6  health maintenance organization.
  7         (2)  A claim for treatment may not be denied if a
  8  provider follows the health maintenance organization's
  9  authorization procedures and receives authorization for a
10  covered service for an eligible subscriber, unless the
11  provider provided information to the health maintenance
12  organization with the willful intention to misinform the
13  health maintenance organization.
14         (3)  Upon receipt of a request from a provider for
15  authorization, the health maintenance organization shall make
16  a determination within a reasonable time appropriate to
17  medical circumstance indicating whether the treatment or
18  services are authorized. For urgent care requests for which
19  the standard timeframe for the health maintenance organization
20  to make a determination would seriously jeopardize the life or
21  health of a subscriber or would jeopardize the subscriber's
22  ability to regain maximum function, a health maintenance
23  organization must notify the provider as to its determination
24  as soon as possible taking into account medical exigencies.
25         (4)  Each response to an authorization request must be
26  assigned an identification number. Each authorization provided
27  by a health maintenance organization must include the date of
28  request of authorization, timeframe of the authorization,
29  length of stay if applicable, identification number of the
30  authorization, place of service, and type of service.
31         (5)  A health maintenance organization's requirements
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1  for authorization for medical treatment or services and 30-day
  2  advance notice of material change in such requirements must be
  3  provided to all contracted providers and upon request to all
  4  noncontracted providers. A health maintenance organization
  5  that makes such requirements and advance notices accessible to
  6  providers and subscribers electronically shall be deemed to be
  7  in compliance with this paragraph.
  8         (6)(3)  Emergency services are subject to the
  9  provisions of s. 641.513 and are not subject to the provisions
10  of this section.
11         Section 12.  Except as otherwise provided herein, this
12  act shall take effect October 1, 2002, and shall apply to
13  claims for services rendered after such date.
14
15
16  ================ T I T L E   A M E N D M E N T ===============
17  And the title is amended as follows:
18                      A bill to be entitled
19
20         An act relating to health care; amending s.
21         408.7057, F.S.; redesignating a program title;
22         revising definitions; including preferred
23         provider organizations and health insurers in
24         the claim dispute resolution program;
25         specifying timeframes for submission of
26         supporting documentation necessary for dispute
27         resolution; providing consequences for failure
28         to comply; providing an additional
29         responsibility for the claim dispute resolution
30         organization relating to patterns of claim
31         disputes; providing timeframes for review by
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1         the resolution organization; directing the
  2         agency to notify appropriate licensure and
  3         certification entities as part of violation of
  4         final orders; creating s. 627.6131, F.S.;
  5         specifying payment of claims provisions
  6         applicable to certain health insurers;
  7         providing a definition; providing requirements
  8         and procedures for paying, denying, or
  9         contesting claims; providing criteria and
10         limitations; requiring payment within specified
11         periods; specifying rate of interest charged on
12         overdue payments; providing for electronic and
13         nonelectronic transmission of claims; providing
14         procedures for overpayment recovery; specifying
15         timeframes for adjudication of claims,
16         internally and externally; prohibiting action
17         to collect payment from an insured under
18         certain circumstances; providing applicability;
19         prohibiting contractual modification of
20         provisions of law; specifying circumstances for
21         retroactive claim denial; specifying claim
22         payment requirements; providing for billing
23         review procedures; specifying claim content
24         requirements; establishing a permissible error
25         ratio, specifying its applicability, and
26         providing for fines; creating s. 627.6135,
27         F.S., relating to treatment authorization;
28         providing a definition; specifying
29         circumstances for authorization timeframes;
30         specifying content for response to
31         authorization requests; providing for an
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1         obligation for payment, with exception;
  2         providing authorization procedure notice
  3         requirements; amending s. 627.651, F.S.;
  4         correcting a cross reference, to conform;
  5         amending s. 627.662, F.S.; specifying
  6         application of certain additional provisions to
  7         group, blanket, and franchise health insurance;
  8         amending s. 627.638, F.S.; revising
  9         requirements relating to direct payment of
10         benefits to specified providers under certain
11         circumstances; amending s. 641.234, F.S.;
12         specifying responsibility of a health
13         maintenance organization for certain violations
14         under certain circumstances; amending s.
15         641.30, F.S.; conforming a cross reference;
16         amending s. 641.3154, F.S.; modifying the
17         circumstances under which a provider knows that
18         an organization is liable for service
19         reimbursement; amending s. 641.3155, F.S.;
20         revising payment of claims provisions
21         applicable to certain health maintenance
22         organizations; providing a definition;
23         providing requirements and procedures for
24         paying, denying, or contesting claims;
25         providing criteria and limitations; requiring
26         payment within specified periods; revising rate
27         of interest charged on overdue payments;
28         providing for electronic and nonelectronic
29         transmission of claims; providing procedures
30         for overpayment recovery; specifying timeframes
31         for adjudication of claims, internally and
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                                                  Bill No. HB 2007
    Amendment No. ___ (for drafter's use only)
  1         externally; prohibiting action to collect
  2         payment from a subscriber under certain
  3         circumstances; prohibiting contractual
  4         modification of provisions of law; specifying
  5         circumstances for retroactive claim denial;
  6         specifying claim payment requirements;
  7         providing for billing review procedures;
  8         specifying claim content requirements;
  9         establishing a permissible error ratio,
10         specifying its applicability, and providing for
11         fines; amending s. 641.3156, F.S., relating to
12         treatment authorization; providing a
13         definition; specifying circumstances for
14         authorization timeframes; specifying content
15         for response to authorization requests;
16         providing for an obligation for payment, with
17         exception; providing authorization procedure
18         notice requirements; providing effective dates.
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    File original & 9 copies    03/14/02
    hmo0011                     08:35 pm         02007-0086-645747