Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 568
       
       
       
       
       
       
                                Ì4563542Î456354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2024           .                                
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       The Committee on Banking and Insurance (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 627.42398, Florida Statutes, is created
    6  to read:
    7         627.42398Coverage for nonparticipating ambulance
    8  services.—
    9         (1) As used in this section, the term:
   10         (a)“Ambulance service provider” means a ground ambulance
   11  service licensed pursuant to s. 401.25.
   12         (b)“Nonparticipating ambulance service provider” means a
   13  provider that is not a preferred provider as defined in s.
   14  627.6471(1) or a provider that is not an exclusive provider as
   15  defined in s. 627.6472(1).
   16         (2)A health insurer that offers an individual or group
   17  health insurance policy providing major medical coverage that
   18  includes coverage for ground ambulance services must reimburse a
   19  nonparticipating ambulance service provider for providing such
   20  covered ambulance services at a rate that is the lowest of the
   21  following:
   22         (a)The rate set or approved, whether in contract, in
   23  ordinance, or otherwise, by a local governmental entity in the
   24  jurisdiction in which the covered ground ambulance services
   25  originated.
   26         (b)Three hundred twenty-five percent of the current
   27  published rate for ground ambulance services as established by
   28  the federal Centers for Medicare and Medicaid Services under
   29  Title XVIII of the Social Security Act for the same services
   30  provided in the same geographic area.
   31         (c)The ambulance service provider’s billed charges.
   32         (3)Payment in full by the insured of his or her applicable
   33  copayment, coinsurance, or deductible constitutes an accord and
   34  satisfaction of, and constitutes a release of, any claim for
   35  additional moneys owed by the insured to the health insurer or
   36  to any person or entity in connection with the ground ambulance
   37  services.
   38         (4)Copayment, coinsurance, deductible, and other cost
   39  sharing responsibilities paid for a nonparticipating ambulance
   40  service provider’s covered services may not exceed the
   41  copayment, coinsurance, deductible, and other cost-sharing
   42  responsibilities for a preferred provider as defined in s.
   43  627.6471(1) or a provider that is not an exclusive provider as
   44  defined in s. 627.6472(1) for covered services.
   45         (5)An ambulance service provider is considered a provider
   46  subject to s. 627.6131, and the claims of the provider are
   47  subject to s. 627.6131.
   48         Section 2. Paragraph (h) is added to subsection (5) of
   49  section 627.6699, Florida Statutes, to read:
   50         627.6699 Employee Health Care Access Act.—
   51         (5) AVAILABILITY OF COVERAGE.—
   52         (h)A small employer carrier must comply with the
   53  reimbursement provisions of s. 627.42398 relating to
   54  nonparticipating ambulance service providers.
   55         Section 3. Section 641.31078, Florida Statutes, is created
   56  to read:
   57         641.31078 Coverage for out-of-network ambulance services.—
   58         (1) As used in this section, the term:
   59         (a)“Ambulance service provider” means a ground ambulance
   60  service licensed pursuant to s. 401.25.
   61         (b)“Out-of-network ambulance service provider” means a
   62  provider that is not under contract with a health maintenance
   63  organization.
   64         (2)A health maintenance contract that offers individual or
   65  group major medical coverage that includes coverage for ground
   66  ambulance services must require a health maintenance
   67  organization to reimburse an out-of-network ambulance service
   68  provider for providing covered ambulance services at a rate that
   69  is the lowest of the following:
   70         (a)The rate set or approved, whether in contract, in
   71  ordinance, or otherwise, by a local governmental entity in the
   72  jurisdiction in which the covered services originated.
   73         (b)Three hundred twenty-five percent of the current
   74  published rate for ground ambulance services as established by
   75  the federal Centers for Medicare and Medicaid Services under
   76  Title XVIII of the Social Security Act for the same service
   77  provided in the same geographic area.
   78         (c)The ambulance service provider’s billed charges.
   79         (3)Payment in full by the subscriber of his or her
   80  applicable copayment, coinsurance, or deductible constitutes an
   81  accord and satisfaction of, and constitutes a release of, any
   82  claim for additional moneys owed by the subscriber to the health
   83  insurer or to any person or entity in connection with the ground
   84  ambulance services.
   85         (4)Copayment, coinsurance, deductible, and other cost
   86  sharing responsibilities paid for an out-of-network ambulance
   87  service provider’s covered services may not exceed the in
   88  network copayment, coinsurance, deductible, and other cost
   89  sharing responsibilities for covered services received by the
   90  subscriber.
   91         (5)An ambulance service provider is considered a provider,
   92  and the claims of the provider are subject to s. 641.3155.
   93         Section 4. This act shall take effect January 1, 2025.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete everything before the enacting clause
   98  and insert:
   99                        A bill to be entitled                      
  100         An act relating to coverage for out-of-network ground
  101         ambulance emergency services; creating s. 627.42398,
  102         F.S.; defining the terms “ambulance service provider”
  103         and “nonparticipating ambulance service provider”;
  104         requiring certain health insurers to reimburse
  105         nonparticipating ambulance service providers at a
  106         specified rate for providing ground ambulance
  107         services; providing that certain payments by the
  108         insured constitute an accord and satisfaction of and a
  109         release of certain claims; prohibiting certain cost
  110         sharing responsibilities paid from exceeding a certain
  111         amount; providing that an ambulance service provider
  112         and certain claims are subject to certain provisions;
  113         amending 627.6699, F.S.; requiring a small employer to
  114         comply with certain provisions; amending s. 641.31078,
  115         F.S.; defining the terms “ambulance service provider”
  116         and “out-of-network ambulance service provider”;
  117         requiring certain health maintenance contracts to
  118         require a health maintenance organization to reimburse
  119         out-of-network ambulance service providers at a
  120         specified rate for providing covered services;
  121         providing that certain payments by the subscriber
  122         constitute an accord and satisfaction of and a release
  123         of certain claims; prohibiting certain cost-sharing
  124         responsibilities paid from exceeding a certain amount;
  125         providing that an ambulance service is considered a
  126         provider and certain claims are subject to certain
  127         provisions; providing an effective date.