Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 892
       
       
       
       
       
       
                                Ì101858BÎ101858                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Harrell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 70 - 341
    4  and insert:
    5         (b)When a health insurer employs the method of claims
    6  payment to a dentist through electronic funds transfer,
    7  including, but not limited to, virtual credit card payment, the
    8  health insurer shall notify the dentist as provided in this
    9  paragraph and obtain the dentist’s consent in writing before
   10  employing the electronic funds transfer. The dentist’s written
   11  consent described in this paragraph applies to the dentist’s
   12  entire practice. The insurer or dentist may not require that a
   13  dentist’s consent as described in this paragraph be made on a
   14  patient-by-patient basis. The notification provided by the
   15  health insurer to the dentist must include all of the following:
   16         1.The fees, if any, associated with the electronic funds
   17  transfer.
   18         2.The available methods of payment of claims by the health
   19  insurer, with clear instructions to the dentist on how to select
   20  an alternative payment method.
   21         (c)A health insurer that pays a claim to a dentist through
   22  Automated Clearing House transfer may not charge a fee solely to
   23  transmit the payment to the dentist unless the dentist has
   24  consented to the fee.
   25         (d)This subsection may not be waived, voided, or nullified
   26  by contract, and any contractual clause in conflict with this
   27  subsection or that purports to waive any requirements of this
   28  subsection is null and void.
   29         (e)The office has all rights and powers to enforce this
   30  subsection as provided by s. 624.307.
   31         (f)The commission may adopt rules to implement this
   32  subsection.
   33         (21)(a)A health insurer may not deny any claim
   34  subsequently submitted by a dentist licensed under chapter 466
   35  for procedures specifically included in a prior authorization
   36  unless at least one of the following circumstances applies for
   37  each procedure denied:
   38         1.Benefit limitations, such as annual maximums and
   39  frequency limitations not applicable at the time of the prior
   40  authorization, are reached subsequent to issuance of the prior
   41  authorization.
   42         2.The documentation provided by the person submitting the
   43  claim fails to support the claim as originally authorized.
   44         3.Subsequent to the issuance of the prior authorization,
   45  new procedures are provided to the patient or a change in the
   46  condition of the patient occurs such that the prior authorized
   47  procedure would no longer be considered medically necessary,
   48  based on the prevailing standard of care.
   49         4.Subsequent to the issuance of the prior authorization,
   50  new procedures are provided to the patient or a change in the
   51  patient’s condition occurs such that the prior authorized
   52  procedure would at that time have required disapproval pursuant
   53  to the terms and conditions for coverage under the patient’s
   54  plan in effect at the time the prior authorization was issued.
   55         5.The denial of the claim was due to one of the following:
   56         a.Another payor is responsible for payment.
   57         b.The dentist has already been paid for the procedures
   58  identified in the claim.
   59         c.The claim was submitted fraudulently, or the prior
   60  authorization was based in whole or material part on erroneous
   61  information provided to the health insurer by the dentist,
   62  patient, or other person not related to the insurer.
   63         d.The person receiving the procedure was not eligible to
   64  receive the procedure on the date of service and the health
   65  insurer did not know, and with the exercise of reasonable care
   66  could not have known, of his or her ineligibility.
   67         (b)This subsection may not be waived, voided, or nullified
   68  by contract, and any contractual clause in conflict with this
   69  subsection or that purports to waive any requirements of this
   70  subsection is null and void.
   71         (c)The office has all rights and powers to enforce this
   72  subsection as provided by s. 624.307.
   73         (d)The commission may adopt rules to implement this
   74  subsection.
   75         Section 2. Subsection (2) of section 627.6474, Florida
   76  Statutes, is amended to read:
   77         627.6474 Provider contracts.—
   78         (2) A contract between a health insurer and a dentist
   79  licensed under chapter 466 for the provision of services to an
   80  insured may not contain a provision that requires the dentist to
   81  provide services to the insured under such contract at a fee set
   82  by the health insurer unless such services are covered services
   83  under the applicable contract. As used in this subsection, the
   84  term “covered services” means dental care services for which a
   85  reimbursement is available under the insured’s contract,
   86  notwithstanding or for which a reimbursement would be available
   87  but for the application of contractual limitations such as
   88  deductibles, coinsurance, waiting periods, annual or lifetime
   89  maximums, frequency limitations, alternative benefit payments,
   90  or any other limitation.
   91         Section 3. Section 636.032, Florida Statutes, is amended to
   92  read:
   93         636.032 Acceptable payments.—
   94         (1) Each prepaid limited health service organization may
   95  accept from government agencies, corporations, groups, or
   96  individuals payments covering all or part of the cost of
   97  contracts entered into between the prepaid limited health
   98  service organization and its subscribers.
   99         (2)(a)A contract between a prepaid limited health service
  100  organization and a dentist licensed under chapter 466 for the
  101  provision of services to a subscriber may not specify credit
  102  card payment as the only acceptable method for payments from the
  103  prepaid limited health service organization to the dentist.
  104         (b)When a prepaid limited health service organization
  105  employs the method of claims payment to a dentist through
  106  electronic funds transfer, including, but not limited to,
  107  virtual credit card payment, the prepaid limited health service
  108  organization shall notify the dentist as provided in this
  109  paragraph and obtain the dentist’s consent in writing before
  110  employing the electronic funds transfer. The dentist’s written
  111  consent described in this paragraph applies to the dentist’s
  112  entire practice. The prepaid limited health service organization
  113  or dentist may not require that the dentist’s consent as
  114  described in this paragraph be made on a patient-by-patient
  115  basis. The notification provided by the prepaid limited health
  116  service organization to the dentist must include all of the
  117  following:
  118         1.The fees, if any, that are associated with the
  119  electronic funds transfer.
  120         2.The available methods of payment of claims by the
  121  prepaid limited health service organization, with clear
  122  instructions to the dentist on how to select an alternative
  123  payment method.
  124         (c)A prepaid limited health service organization that pays
  125  a claim to a dentist through Automatic Clearing House transfer
  126  may not charge a fee solely to transmit the payment to the
  127  dentist unless the dentist has consented to the fee.
  128         (d)This subsection may not be waived, voided, or nullified
  129  by contract, and any contractual clause in conflict with this
  130  subsection or that purports to waive any requirements of this
  131  subsection is null and void.
  132         (e)The office has all rights and powers to enforce this
  133  subsection as provided by s. 624.307.
  134         (f)The commission may adopt rules to implement this
  135  subsection.
  136         Section 4. Subsection (13) of section 636.035, Florida
  137  Statutes, is amended, and subsection (15) is added to that
  138  section, to read:
  139         636.035 Provider arrangements.—
  140         (13) A contract between a prepaid limited health service
  141  organization and a dentist licensed under chapter 466 for the
  142  provision of services to a subscriber of the prepaid limited
  143  health service organization may not contain a provision that
  144  requires the dentist to provide services to the subscriber of
  145  the prepaid limited health service organization at a fee set by
  146  the prepaid limited health service organization unless such
  147  services are covered services under the applicable contract. As
  148  used in this subsection, the term “covered services” means
  149  dental care services for which a reimbursement is available
  150  under the subscriber’s contract, notwithstanding or for which a
  151  reimbursement would be available but for the application of
  152  contractual limitations such as deductibles, coinsurance,
  153  waiting periods, annual or lifetime maximums, frequency
  154  limitations, alternative benefit payments, or any other
  155  limitation.
  156         (15)(a)A prepaid limited health service organization may
  157  not deny any claim subsequently submitted by a dentist licensed
  158  under chapter 466 for procedures specifically included in a
  159  prior authorization unless at least one of the following
  160  circumstances applies for each procedure denied:
  161         1.Benefit limitations, such as annual maximums and
  162  frequency limitations not applicable at the time of the prior
  163  authorization, are reached subsequent to issuance of the prior
  164  authorization.
  165         2.The documentation provided by the person submitting the
  166  claim fails to support the claim as originally authorized.
  167         3.Subsequent to the issuance of the prior authorization,
  168  new procedures are provided to the patient or a change in the
  169  condition of the patient occurs such that the prior authorized
  170  procedure would no longer be considered medically necessary,
  171  based on the prevailing standard of care.
  172         4.Subsequent to the issuance of the prior authorization,
  173  new procedures are provided to the patient or a change in the
  174  patient’s condition occurs such that the prior authorized
  175  procedure would at that time have required disapproval pursuant
  176  to the terms and conditions for coverage under the patient’s
  177  plan in effect at the time the prior authorization was issued.
  178         5.The denial of the dental service claim was due to one of
  179  the following:
  180         a.Another payor is responsible for payment.
  181         b.The dentist has already been paid for the procedures
  182  identified in the claim.
  183         c.The claim was submitted fraudulently, or the prior
  184  authorization was based in whole or material part on erroneous
  185  information provided to the prepaid limited health service
  186  organization by the dentist, patient, or other person not
  187  related to the organization.
  188         d.The person receiving the procedure was not eligible to
  189  receive the procedure on the date of service and the prepaid
  190  limited health service organization did not know, and with the
  191  exercise of reasonable care could not have known, of his or her
  192  ineligibility.
  193         (b)This subsection may not be waived, voided, or nullified
  194  by contract, and any contractual clause in conflict with this
  195  subsection or that purports to waive any requirements of this
  196  subsection is null and void.
  197         (c)The office has all rights and powers to enforce this
  198  subsection as provided by s. 624.307.
  199         (d)The commission may adopt rules to implement this
  200  subsection.
  201         Section 5. Subsection (11) of section 641.315, Florida
  202  Statutes, is amended, and subsections (13) and (14) are added to
  203  that section, to read:
  204         641.315 Provider contracts.—
  205         (11) A contract between a health maintenance organization
  206  and a dentist licensed under chapter 466 for the provision of
  207  services to a subscriber of the health maintenance organization
  208  may not contain a provision that requires the dentist to provide
  209  services to the subscriber of the health maintenance
  210  organization at a fee set by the health maintenance organization
  211  unless such services are covered services under the applicable
  212  contract. As used in this subsection, the term “covered
  213  services” means dental care services for which a reimbursement
  214  is available under the subscriber’s contract, notwithstanding or
  215  for which a reimbursement would be available but for the
  216  application of contractual limitations such as deductibles,
  217  coinsurance, waiting periods, annual or lifetime maximums,
  218  frequency limitations, alternative benefit payments, or any
  219  other limitation.
  220         (13)(a)A contract between a health maintenance
  221  organization and a dentist licensed under chapter 466 for the
  222  provision of services to a subscriber of the health maintenance
  223  organization may not specify credit card payment as the only
  224  acceptable method for payments from the health maintenance
  225  organization to the dentist.
  226         (b)When a health maintenance organization employs the
  227  method of claims payment to a dentist through electronic funds
  228  transfer, including, but not limited to, virtual credit card
  229  payment, the health maintenance organization shall notify the
  230  dentist as provided in this paragraph and obtain the dentist’s
  231  consent in writing before employing the electronic funds
  232  transfer. The dentist’s written consent described in this
  233  paragraph applies to the dentist’s entire practice. The health
  234  maintenance organization or dentist may not require a dentist’s
  235  consent as described in this paragraph be made on a patient-by
  236  patient basis. The notification provided by the health
  237  maintenance organization to the dentist must include all of the
  238  following:
  239         1.The fees, if any, that are associated with the
  240  electronic funds transfer.
  241         2.The available methods of payment of claims by the health
  242  maintenance organization, with clear instructions to the dentist
  243  on how to select an alternative payment method.
  244         (c)A health maintenance organization that pays a claim to
  245  a dentist through Automated Clearing House transfer may not
  246  charge a fee solely to transmit the payment to the dentist
  247  unless the dentist has consented to the fee.
  248         (d)This subsection may not be waived, voided, or nullified
  249  by contract, and any contractual clause in conflict with this
  250  subsection or which purports to waive any requirements of this
  251  subsection is null and void.
  252         (e)The office has all rights and powers to enforce this
  253  subsection as provided by s. 624.307.
  254         (f)The commission may adopt rules to implement this
  255  subsection.
  256         (14)(a)A health maintenance organization may not deny any
  257  claim subsequently submitted by a dentist licensed under chapter
  258  466 for procedures specifically included in a prior
  259  authorization unless at least one of the following circumstances
  260  applies for each procedure denied:
  261         1.Benefit limitations, such as annual maximums and
  262  frequency limitations not applicable at the time of the prior
  263  authorization, are reached subsequent to issuance of the prior
  264  authorization.
  265         2.The documentation provided by the person submitting the
  266  claim fails to support the claim as originally authorized.
  267         3.Subsequent to the issuance of the prior authorization,
  268  new procedures are provided to the patient or a change in the
  269  condition of the patient occurs such that the prior authorized
  270  procedure would no longer be considered medically necessary,
  271  based on the prevailing standard of care.
  272         4.Subsequent to the issuance of the prior authorization,
  273  new procedures are provided to the patient or a change in the
  274  patient’s condition occurs such that the prior authorized
  275  procedure would at that time have required disapproval pursuant
  276  to the terms and conditions for coverage under the patient’s
  277  plan in effect at the time the prior authorization was issued.
  278         5.The denial of the claim was due to one of the following:
  279         a.Another payor is responsible for payment.
  280         b.The dentist has already been paid for the procedures
  281  identified in the claim.
  282         c.The claim was submitted fraudulently, or the prior
  283  authorization was based in whole or material part on erroneous
  284  information provided to the health maintenance organization by
  285  the dentist, patient, or other person not related to the
  286  organization.
  287         d.The person receiving the procedure was not eligible to
  288  receive the procedure on the date of service and the health
  289  maintenance organization did not know, and with the exercise of
  290  reasonable care could not have known, of his or her
  291  ineligibility.
  292         (b)The subsection may not be waived, voided, or nullified
  293  by contract, and any contractual clause in conflict with this
  294  subsection or which purports to waive any requirements of this
  295  subsection is null and void.
  296         (c)The office has all rights and powers to enforce this
  297  subsection as provided by s. 624.307.
  298         (d)The commission may adopt rules to implement this
  299  subsection.
  300         Section 6. This act shall take effect December 1, 2024.
  301  
  302  ================= T I T L E  A M E N D M E N T ================
  303  And the title is amended as follows:
  304         Delete lines 6 - 47
  305  and insert:
  306         insurer to make certain notifications and obtain a
  307         dentist’s consent before paying a claim to the dentist
  308         through electronic funds transfer; providing that the
  309         dentist’s consent applies to the dentist’s entire
  310         practice; prohibiting the insurer and dentist from
  311         requiring consent on a patient-by-patient basis;
  312         specifying the requirements of a certain notification;
  313         prohibiting a health insurer from charging a fee to
  314         transmit a payment to a dentist through Automated
  315         Clearing House (ACH) transfer unless the dentist has
  316         consented to such fee; providing construction;
  317         authorizing the Office of Insurance Regulation of the
  318         Financial Services Commission to enforce certain
  319         provisions; authorizing the commission to adopt rules;
  320         prohibiting a health insurer from denying claims for
  321         procedures included in a prior authorization;
  322         providing exceptions; providing construction;
  323         authorizing the office to enforce certain provisions;
  324         authorizing the commission to adopt rules; amending s.
  325         627.6474, F.S.; revising the definition of the term
  326         “covered services”; amending s. 636.032, F.S.;
  327         prohibiting a contract between a prepaid limited
  328         health service organization and a dentist from
  329         containing certain restrictions on payment methods;
  330         requiring the prepaid limited health service
  331         organization to make certain notifications and obtain
  332         a dentist’s consent before paying a claim to the
  333         dentist through electronic funds transfer; providing
  334         that the dentist’s consent applies to the dentist’s
  335         entire practice; prohibiting the limited health
  336         service organization and dentist from requiring
  337         consent on a patient-by-patient basis; specifying the
  338         requirements of a certain notification; prohibiting a
  339         prepaid limited health service organization from
  340         charging a fee to transmit a payment to a dentist
  341         through ACH transfer unless the dentist has consented
  342         to such fee; providing construction; authorizing the
  343         office to enforce certain provisions; authorizing the
  344         commission to adopt rules; amending s. 636.035, F.S.;
  345         revising the definition of the term “covered
  346         services”; prohibiting a prepaid limited health
  347         service organization from denying claims for
  348         procedures included in a prior authorization;
  349         providing exceptions; providing construction;
  350         authorizing the office to enforce certain provisions;
  351         authorizing the commission to adopt rules; amending s.
  352         641.315, F.S.; revising the definition of the term
  353         “covered services”; prohibiting a contract between a
  354         health maintenance organization and a dentist from
  355         containing certain restrictions on payment methods;
  356         requiring the health maintenance organization to make
  357         certain notifications and obtain a dentist’s consent
  358         before paying a claim to the dentist through
  359         electronic funds transfer; providing that the
  360         dentist’s consent applies to the dentist’s entire
  361         practice; prohibiting the health maintenance
  362         organization and dentist from requiring consent on a
  363         patient-by-patient basis; specifying the requirements
  364         of a certain notification; prohibiting a health
  365         maintenance