Florida Senate - 2010                             CS for SB 1232
       
       
       
       By the Committee on Banking and Insurance; and Senators Fasano
       and Gaetz
       
       
       
       597-04880-10                                          20101232c1
    1                        A bill to be entitled                      
    2         An act relating to health insurance; amending s.
    3         626.9541, F.S.; authorizing an insurer offering a
    4         group or individual health benefit plan to offer a
    5         wellness program; authorizing rewards or incentives;
    6         providing that such rewards or incentives are not
    7         insurance benefits; providing for verification of a
    8         member’s inability to participate for medical reasons;
    9         amending s. 627.6141, F.S.; authorizing appeals from
   10         denials of certain claims for certain services;
   11         requiring a health insurer to conduct a retrospective
   12         review of the medical necessity of a service under
   13         certain circumstances; requiring the health insurer to
   14         submit a written justification for a determination
   15         that a service was not medically necessary; amending
   16         s. 641.3156, F.S.; authorizing appeals from denials of
   17         certain claims for certain services; requiring a
   18         health maintenance organization to conduct a
   19         retrospective review of the medical necessity of a
   20         service under certain circumstances; requiring the
   21         health maintenance organization to submit a written
   22         justification for a determination that a service was
   23         not medically necessary; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (3) is added to section 626.9541,
   28  Florida Statutes, to read:
   29         626.9541 Unfair methods of competition and unfair or
   30  deceptive acts or practices defined.—
   31         (3) WELLNESS PROGRAMS.—An insurer issuing a group or
   32  individual health benefit plan may offer a voluntary wellness or
   33  health-improvement program that allows for rewards or
   34  incentives, including, but not limited to, merchandise, gift
   35  cards, debit cards, premium discounts or rebates, contributions
   36  towards a member’s health savings account, modifications to
   37  copayment, deductible, or coinsurance amounts, or any
   38  combination of these incentives, to encourage participation or
   39  to reward for participation in the program. The health plan
   40  member may be required to provide verification, such as a
   41  statement from his or her physician, that a medical condition
   42  makes it unreasonably difficult or medically inadvisable for the
   43  individual to participate in the wellness program. Any reward or
   44  incentive established under this section is not an insurance
   45  benefit and does not violate this section. This subsection does
   46  not prohibit an insurer from offering incentives or rewards to
   47  members for adherence to wellness or health-improvement programs
   48  if otherwise allowed by state or federal law.
   49         Section 2. Section 627.6141, Florida Statutes, is amended
   50  to read:
   51         627.6141 Denial of claims.—
   52         (1) Each claimant, or provider acting for a claimant, who
   53  has had a claim denied as not medically necessary must be
   54  provided an opportunity for an appeal to the insurer’s licensed
   55  physician who is responsible for the medical necessity reviews
   56  under the plan or is a member of the plan’s peer review group.
   57  The appeal may be by telephone, and the insurer’s licensed
   58  physician must respond within a reasonable time, not to exceed
   59  15 business days.
   60         (2) If a hospital claim or a portion of a hospital claim is
   61  denied because the hospital, due to an unintentional act of
   62  error or omission, failed to obtain the necessary authorization,
   63  the hospital may appeal the denial to the insurer’s licensed
   64  physician who is responsible for medical necessity reviews. The
   65  health insurer shall conduct and complete a retrospective review
   66  of the medical necessity of the service within 30 business days
   67  after the submitted appeal. If the health insurer determines
   68  upon review that the service was medically necessary, the
   69  insurer shall reverse the denial and pay the claim. If the
   70  insurer determines that the service was not medically necessary,
   71  the insurer shall provide to the hospital specific written
   72  clinical justification for the determination.
   73         Section 3. Present subsection (3) of section 641.3156,
   74  Florida Statutes, is renumbered as subsection (4), and a new
   75  subsection (3) is added to that section, to read:
   76         641.3156 Treatment authorization; payment of claims.—
   77         (3) If a hospital claim or a portion of a hospital claim of
   78  a contracted provider is denied because the hospital, due to an
   79  unintentional act of error or omission, failed to obtain the
   80  necessary authorization, the hospital may appeal the denial to
   81  the health maintenance organization’s licensed physician who is
   82  responsible for medical necessity reviews. The health
   83  maintenance organization shall conduct and complete a
   84  retrospective review of the medical necessity of the service
   85  within 30 business days after the submitted appeal. If the
   86  health maintenance organization determines upon review that the
   87  service was medically necessary, the health maintenance
   88  organization shall reverse the denial and pay the claim. If the
   89  health maintenance organization determines that the service was
   90  not medically necessary, the health maintenance organization
   91  shall provide the hospital with specific written clinical
   92  justification for the determination.
   93         Section 4. This act shall take effect July 1, 2010.