Florida Senate - 2024                              CS for SB 892
       
       
        
       By the Committee on Banking and Insurance; and Senator Harrell
       
       
       
       
       
       597-03028-24                                           2024892c1
    1                        A bill to be entitled                      
    2         An act relating to dental insurance claims; amending
    3         s. 627.6131, F.S.; prohibiting a contract between a
    4         health insurer and a dentist from containing certain
    5         restrictions on payment methods; requiring a health
    6         insurer to make certain notifications before paying a
    7         claim to a dentist through electronic funds transfer;
    8         prohibiting a health insurer from charging a fee to
    9         transmit a payment to a dentist through ACH transfer
   10         unless the dentist has consented to such fee;
   11         providing construction; authorizing the Office of
   12         Insurance Regulation of the Financial Services
   13         Commission to enforce certain provisions; authorizing
   14         the commission to adopt rules; prohibiting a health
   15         insurer from denying claims for procedures included in
   16         a prior authorization; providing exceptions; providing
   17         construction; authorizing the office to enforce
   18         certain provisions; authorizing the commission to
   19         adopt rules; amending s. 627.6474, F.S.; revising the
   20         definition of the term “covered services”; amending s.
   21         636.032, F.S.; prohibiting a contract between a
   22         prepaid limited health service organization and a
   23         dentist from containing certain restrictions on
   24         payment methods; requiring the prepaid limited health
   25         service organization to make certain notifications
   26         before paying a claim to a dentist through electronic
   27         funds transfer; prohibiting a prepaid limited health
   28         service organization from charging a fee to transmit a
   29         payment to a dentist through ACH transfer unless the
   30         dentist has consented to such fee; providing
   31         construction; authorizing the office to enforce
   32         certain provisions; authorizing the commission to
   33         adopt rules; amending s. 636.035, F.S.; revising the
   34         definition of the term “covered services”; prohibiting
   35         a prepaid limited health service organization from
   36         denying claims for procedures included in a prior
   37         authorization; providing exceptions; providing
   38         construction; authorizing the office to enforce
   39         certain provisions; authorizing the commission to
   40         adopt rules; amending s. 641.315, F.S.; revising the
   41         definition of the term “covered service”; prohibiting
   42         a contract between a health maintenance organization
   43         and a dentist from containing certain restrictions on
   44         payment methods; requiring the health maintenance
   45         organization to make certain notifications before
   46         paying a claim to a dentist through electronic funds
   47         transfer; prohibiting a health maintenance
   48         organization from charging a fee to transmit a payment
   49         to a dentist through ACH transfer unless the dentist
   50         has consented to such fee; providing construction;
   51         authorizing the office to enforce certain provisions;
   52         authorizing the commission to adopt rules; prohibiting
   53         a health maintenance organization from denying claims
   54         for procedures included in a prior authorization;
   55         providing exceptions; providing construction;
   56         authorizing the office to enforce certain provisions;
   57         authorizing the commission to adopt rules; providing
   58         an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Subsections (20) and (21) are added to section
   63  627.6131, Florida Statutes, to read:
   64         627.6131 Payment of claims.—
   65         (20)(a) A contract between a health insurer and a dentist
   66  licensed under chapter 466 for the provision of services to an
   67  insured may not specify credit card payment as the only
   68  acceptable method for payments from the health insurer to the
   69  dentist.
   70         (b)At least 10 days before a health insurer pays a claim
   71  to a dentist through electronic funds transfer, including, but
   72  not limited to, virtual credit card payments, the health insurer
   73  shall notify the dentist in writing of all of the following:
   74         1.The fees, if any, associated with the electronic funds
   75  transfer.
   76         2.The available methods of payment of claims by the health
   77  insurer, with clear instructions to the dentist on how to select
   78  an alternative payment method.
   79  (c)A health insurer that pays a claim to a dentist through
   80  Automated Clearing House (ACH) transfer may not charge a fee
   81  solely to transmit the payment to the dentist unless the dentist
   82  has consented to the fee.
   83         (d)This subsection may not be waived, voided, or nullified
   84  by contract, and any contractual clause in conflict with this
   85  subsection or that purports to waive any requirements of this
   86  subsection is null and void.
   87         (e)The office has all rights and powers to enforce this
   88  subsection as provided by s. 624.307.
   89         (f)The commission may adopt rules to implement this
   90  subsection.
   91         (21)(a)A health insurer may not deny any claim
   92  subsequently submitted by a dentist licensed under chapter 466
   93  for procedures specifically included in a prior authorization
   94  unless at least one of the following circumstances applies for
   95  each procedure denied:
   96         1.Benefit limitations, such as annual maximums and
   97  frequency limitations not applicable at the time of the prior
   98  authorization, are reached subsequent to issuance of the prior
   99  authorization.
  100         2.The documentation provided by the person submitting the
  101  claim fails to support the claim as originally authorized.
  102         3.Subsequent to the issuance of the prior authorization,
  103  new procedures are provided to the patient or a change in the
  104  condition of the patient occurs such that the prior authorized
  105  procedure would no longer be considered medically necessary,
  106  based on the prevailing standard of care.
  107         4.Subsequent to the issuance of the prior authorization,
  108  new procedures are provided to the patient or a change in the
  109  patient’s condition occurs such that the prior authorized
  110  procedure would at that time have required disapproval pursuant
  111  to the terms and conditions for coverage under the patient’s
  112  plan in effect at the time the prior authorization was issued.
  113         5.The denial of the claim was due to one of the following:
  114         a.Another payor is responsible for payment.
  115         b.The dentist has already been paid for the procedures
  116  identified in the claim.
  117         c.The claim was submitted fraudulently, or the prior
  118  authorization was based in whole or material part on erroneous
  119  information provided to the health insurer by the dentist,
  120  patient, or other person not related to the insurer.
  121         d.The person receiving the procedure was not eligible to
  122  receive the procedure on the date of service and the health
  123  insurer did not know, and with the exercise of reasonable care
  124  could not have known, of his or her ineligibility.
  125         (b)This subsection may not be waived, voided, or nullified
  126  by contract, and any contractual clause in conflict with this
  127  subsection or that purports to waive any requirements of this
  128  subsection is null and void.
  129         (c)The office has all rights and powers to enforce this
  130  subsection as provided by s. 624.307.
  131         (d)The commission may adopt rules to implement this
  132  subsection.
  133         Section 2. Subsection (2) of section 627.6474, Florida
  134  Statutes, is amended to read:
  135         627.6474 Provider contracts.—
  136         (2) A contract between a health insurer and a dentist
  137  licensed under chapter 466 for the provision of services to an
  138  insured may not contain a provision that requires the dentist to
  139  provide services to the insured under such contract at a fee set
  140  by the health insurer unless such services are covered services
  141  under the applicable contract. As used in this subsection, the
  142  term “covered services” means dental care services for which a
  143  reimbursement is available under the insured’s contract,
  144  notwithstanding or for which a reimbursement would be available
  145  but for the application of contractual limitations such as
  146  deductibles, coinsurance, waiting periods, annual or lifetime
  147  maximums, frequency limitations, alternative benefit payments,
  148  or any other limitation.
  149         Section 3. Section 636.032, Florida Statutes, is amended to
  150  read:
  151         636.032 Acceptable payments.—
  152         (1) Each prepaid limited health service organization may
  153  accept from government agencies, corporations, groups, or
  154  individuals payments covering all or part of the cost of
  155  contracts entered into between the prepaid limited health
  156  service organization and its subscribers.
  157         (2)(a)A contract between a prepaid limited health service
  158  organization and a dentist licensed under chapter 466 for the
  159  provision of services to a subscriber may not specify credit
  160  card payment as the only acceptable method for payments from the
  161  prepaid limited health service organization to the dentist.
  162         (b)At least 10 days before a limited health service
  163  organization pays a claim to a dentist through electronic funds
  164  transfer, including, but not limited to, virtual credit card
  165  payments, the prepaid limited health service organization shall
  166  notify the dentist in writing of all of the following:
  167         1.The fees, if any, that are associated with the
  168  electronic funds transfer.
  169         2.The available methods of payment of claims by the
  170  prepaid limited health service organization, with clear
  171  instructions to the dentist on how to select an alternative
  172  payment method.
  173         (c)A prepaid limited health service organization that pays
  174  a claim to a dentist through Automatic Clearing House (ACH)
  175  transfer may not charge a fee solely to transmit the payment to
  176  the dentist unless the dentist has consented to the fee.
  177         (d)This subsection may not be waived, voided, or nullified
  178  by contract, and any contractual clause in conflict with this
  179  subsection or that purports to waive any requirements of this
  180  subsection is null and void.
  181         (e)The office has all rights and powers to enforce this
  182  subsection as provided by s. 624.307.
  183         (f)The commission may adopt rules to implement this
  184  subsection.
  185         Section 4. Subsection (13) of section 636.035, Florida
  186  Statutes, is amended, and subsection (15) is added to that
  187  section, to read:
  188         636.035 Provider arrangements.—
  189         (13) A contract between a prepaid limited health service
  190  organization and a dentist licensed under chapter 466 for the
  191  provision of services to a subscriber of the prepaid limited
  192  health service organization may not contain a provision that
  193  requires the dentist to provide services to the subscriber of
  194  the prepaid limited health service organization at a fee set by
  195  the prepaid limited health service organization unless such
  196  services are covered services under the applicable contract. As
  197  used in this subsection, the term “covered services” means
  198  dental care services for which a reimbursement is available
  199  under the subscriber’s contract, notwithstanding or for which a
  200  reimbursement would be available but for the application of
  201  contractual limitations such as deductibles, coinsurance,
  202  waiting periods, annual or lifetime maximums, frequency
  203  limitations, alternative benefit payments, or any other
  204  limitation.
  205         (15)(a)A prepaid limited health service organization may
  206  not deny any claim subsequently submitted by a dentist licensed
  207  under chapter 466 for procedures specifically included in a
  208  prior authorization unless at least one of the following
  209  circumstances applies for each procedure denied:
  210         1.Benefit limitations, such as annual maximums and
  211  frequency limitations not applicable at the time of the prior
  212  authorization, are reached subsequent to issuance of the prior
  213  authorization.
  214         2.The documentation provided by the person submitting the
  215  claim fails to support the claim as originally authorized.
  216         3.Subsequent to the issuance of the prior authorization,
  217  new procedures are provided to the patient or a change in the
  218  condition of the patient occurs such that the prior authorized
  219  procedure would no longer be considered medically necessary,
  220  based on the prevailing standard of care.
  221         4.Subsequent to the issuance of the prior authorization,
  222  new procedures are provided to the patient or a change in the
  223  patient’s condition occurs such that the prior authorized
  224  procedure would at that time have required disapproval pursuant
  225  to the terms and conditions for coverage under the patient’s
  226  plan in effect at the time the prior authorization was issued.
  227         5.The denial of the dental service claim was due to one of
  228  the following:
  229         a.Another payor is responsible for payment.
  230         b.The dentist has already been paid for the procedures
  231  identified in the claim.
  232         c.The claim was submitted fraudulently, or the prior
  233  authorization was based in whole or material part on erroneous
  234  information provided to the prepaid limited health service
  235  organization by the dentist, patient, or other person not
  236  related to the organization.
  237         d.The person receiving the procedure was not eligible to
  238  receive the procedure on the date of service and the prepaid
  239  limited health service organization did not know, and with the
  240  exercise of reasonable care could not have known, of his or her
  241  ineligibility.
  242         (b)This subsection may not be waived, voided, or nullified
  243  by contract, and any contractual clause in conflict with this
  244  subsection or that purports to waive any requirements of this
  245  subsection is null and void.
  246         (c)The office has all rights and powers to enforce this
  247  subsection as provided by s. 624.307.
  248         (d)The commission may adopt rules to implement this
  249  subsection.
  250         Section 5. Subsection (11) of section 641.315, Florida
  251  Statutes, is amended, and subsections (13) and (14) are added to
  252  that section, to read:
  253         641.315 Provider contracts.—
  254         (11) A contract between a health maintenance organization
  255  and a dentist licensed under chapter 466 for the provision of
  256  services to a subscriber of the health maintenance organization
  257  may not contain a provision that requires the dentist to provide
  258  services to the subscriber of the health maintenance
  259  organization at a fee set by the health maintenance organization
  260  unless such services are covered services under the applicable
  261  contract. As used in this subsection, the term “covered
  262  services” means dental care services for which a reimbursement
  263  is available under the subscriber’s contract, notwithstanding or
  264  for which a reimbursement would be available but for the
  265  application of contractual limitations such as deductibles,
  266  coinsurance, waiting periods, annual or lifetime maximums,
  267  frequency limitations, alternative benefit payments, or any
  268  other limitation.
  269         (13)(a)A contract between a health maintenance
  270  organization and a dentist licensed under chapter 466 for the
  271  provision of services to a subscriber of the health maintenance
  272  organization may not specify credit card payment as the only
  273  acceptable method for payments from the health maintenance
  274  organization to the dentist.
  275         (b)At least 10 days before a health maintenance
  276  organization pays a claim to a dentist through electronic funds
  277  transfer, including, but not limited to, virtual credit card
  278  payments, the health maintenance organization shall notify the
  279  dentist in writing of all of the following:
  280         1.The fees, if any, that are associated with the
  281  electronic funds transfer.
  282         2.The available methods of payment of claims by the health
  283  maintenance organization, with clear instructions to the dentist
  284  on how to select an alternative payment method.
  285         (c)A health maintenance organization that pays a claim to
  286  a dentist through Automated Clearing House (ACH) transfer may
  287  not charge a fee solely to transmit the payment to the dentist
  288  unless the dentist has consented to the fee.
  289         (d)This subsection may not be waived, voided, or nullified
  290  by contract, and any contractual clause in conflict with this
  291  subsection or which purports to waive any requirements of this
  292  subsection is null and void.
  293         (e)The office has all rights and powers to enforce this
  294  subsection as provided by s. 624.307.
  295         (f)The commission may adopt rules to implement this
  296  subsection.
  297         (14)(a)A health maintenance organization may not deny any
  298  claim subsequently submitted by a dentist licensed under chapter
  299  466 for procedures specifically included in a prior
  300  authorization unless at least one of the following circumstances
  301  applies for each procedure denied:
  302         1.Benefit limitations, such as annual maximums and
  303  frequency limitations not applicable at the time of the prior
  304  authorization, are reached subsequent to issuance of the prior
  305  authorization.
  306         2.The documentation provided by the person submitting the
  307  claim fails to support the claim as originally authorized.
  308         3.Subsequent to the issuance of the prior authorization,
  309  new procedures are provided to the patient or a change in the
  310  condition of the patient occurs such that the prior authorized
  311  procedure would no longer be considered medically necessary,
  312  based on the prevailing standard of care.
  313         4.Subsequent to the issuance of the prior authorization,
  314  new procedures are provided to the patient or a change in the
  315  patient’s condition occurs such that the prior authorized
  316  procedure would at that time have required disapproval pursuant
  317  to the terms and conditions for coverage under the patient’s
  318  plan in effect at the time the prior authorization was issued.
  319         5.The denial of the claim was due to one of the following:
  320         a.Another payor is responsible for payment.
  321         b.The dentist has already been paid for the procedures
  322  identified in the claim.
  323         c.The claim was submitted fraudulently, or the prior
  324  authorization was based in whole or material part on erroneous
  325  information provided to the health maintenance organization by
  326  the dentist, patient, or other person not related to the
  327  organization.
  328         d.The person receiving the procedure was not eligible to
  329  receive the procedure on the date of service and the health
  330  maintenance organization did not know, and with the exercise of
  331  reasonable care could not have known, of his or her
  332  ineligibility.
  333         (b)The subsection may not be waived, voided, or nullified
  334  by contract, and any contractual clause in conflict with this
  335  subsection or which purports to waive any requirements of this
  336  subsection is null and void.
  337         (c)The office has all rights and powers to enforce this
  338  subsection as provided by s. 624.307.
  339         (d)The commission may adopt rules to implement this
  340  subsection.
  341         Section 6. This act shall take effect July 1, 2024.