Florida Senate - 2009                                    SB 1122
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01143-09                                            20091122__
    1                        A bill to be entitled                      
    2         An act relating to health insurance; amending s.
    3         627.638, F.S.; requiring that an insurer make payment
    4         to the designated provider of services whenever an
    5         insured, using any health insurance claim form,
    6         specifically authorizes payment of benefits directly
    7         to any recognized hospital, licensed ambulance
    8         provider, physician, dentist, or other person who
    9         provided the services in accordance with the
   10         provisions of the policy; deleting an exception;
   11         providing that the insurance contract may not prohibit
   12         payment of benefits directly to such providers;
   13         requiring that claims forms provide an option for such
   14         payment; providing an effective date.
   15         
   16  Be It Enacted by the Legislature of the State of Florida:
   17         
   18         Section 1. Subsection (2) of section 627.638, Florida
   19  Statutes, is amended to read:
   20         627.638 Direct payment for hospital, medical services.—
   21         (2) Whenever, in any health insurance claim form, an
   22  insured specifically authorizes payment of benefits directly to
   23  any recognized hospital, licensed ambulance provider, physician,
   24  or dentist, or other person who provided the services in
   25  accordance with the provisions of the policy, the insurer shall
   26  make such payment to the designated provider of such services,
   27  unless otherwise provided in the insurance contract. The
   28  insurance contract may not prohibit, and claims forms must
   29  provide an option for, the payment of benefits directly to a
   30  licensed hospital, licensed ambulance provider, physician, or
   31  dentist for care provided pursuant to s. 395.1041 or part III of
   32  chapter 401. The insurer may require written attestation of
   33  assignment of benefits. Payment to the provider from the insurer
   34  may not be more than the amount that the insurer would otherwise
   35  have paid without the assignment.
   36         Section 2. This act shall take effect July 1, 2009.