CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  9

10  ______________________________________________________________

11  Representative(s) Bucher offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 408.7057, Florida Statutes, is

18  amended to read:

19         408.7057  Statewide provider and health plan managed

20  care organization claim dispute resolution program.--

21         (1)  As used in this section, the term:

22         (a)  "Agency" means the Agency for Health Care

23  Administration.

24         (b)(a)  "Health plan Managed care organization" means a

25  health maintenance organization or a prepaid health clinic

26  certified under chapter 641, a prepaid health plan authorized

27  under s. 409.912, or an exclusive provider organization

28  certified under s. 627.6472, or a major medical expense health

29  insurance policy, as defined in s. 627.643(2)(e), offered by a

30  group or an individual health insurer licensed pursuant to

31  chapter 624, including a preferred provider organization under

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  s. 627.6471.

  2         (c)(b)  "Resolution organization" means a qualified

  3  independent third-party claim-dispute-resolution entity

  4  selected by and contracted with the Agency for Health Care

  5  Administration.

  6         (2)(a)  The agency for Health Care Administration shall

  7  establish a program by January 1, 2001, to provide assistance

  8  to contracted and noncontracted providers and health plans

  9  managed care organizations for resolution of claim disputes

10  that are not resolved by the provider and the health plan

11  managed care organization. The agency shall contract with a

12  resolution organization to timely review and consider claim

13  disputes submitted by providers and health plans managed care

14  organizations and recommend to the agency an appropriate

15  resolution of those disputes. The agency shall establish by

16  rule jurisdictional amounts and methods of aggregation for

17  claim disputes that may be considered by the resolution

18  organization.

19         (b)  The resolution organization shall review claim

20  disputes filed by contracted and noncontracted providers and

21  health plans managed care organizations unless the disputed

22  claim:

23         1.  Is related to interest payment;

24         2.  Does not meet the jurisdictional amounts or the

25  methods of aggregation established by agency rule, as provided

26  in paragraph (a);

27         3.  Is part of an internal grievance in a Medicare

28  managed care organization or a reconsideration appeal through

29  the Medicare appeals process;

30         4.  Is related to a health plan that is not regulated

31  by the state;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         5.  Is part of a Medicaid fair hearing pursued under 42

  2  C.F.R. ss. 431.220 et seq.;

  3         6.  Is the basis for an action pending in state or

  4  federal court; or

  5         7.  Is subject to a binding claim-dispute-resolution

  6  process provided by contract entered into prior to October 1,

  7  2000, between the provider and the managed care organization.

  8         (c)  Contracts entered into or renewed on or after

  9  October 1, 2000, may require exhaustion of an internal

10  dispute-resolution process as a prerequisite to the submission

11  of a claim by a provider or a health plan maintenance

12  organization to the resolution organization when the

13  dispute-resolution program becomes effective.

14         (d)  A contracted or noncontracted provider or health

15  plan maintenance organization may not file a claim dispute

16  with the resolution organization more than 12 months after a

17  final determination has been made on a claim by a health plan

18  or provider maintenance organization.

19         (e)  The resolution organization shall require the

20  health plan or provider submitting the claim dispute to submit

21  any supporting documentation to the resolution organization

22  within 15 days after receipt by the health plan or provider of

23  a request from the resolution organization for documentation

24  in support of the claim dispute. The resolution organization

25  may extend the time if appropriate. Failure to submit the

26  supporting documentation within such time period shall result

27  in the dismissal of the submitted claim dispute.

28         (f)  The resolution organization shall require the

29  respondent in the claim dispute to submit all documentation in

30  support of its position within 15 days after receiving a

31  request from the resolution organization for supporting

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  documentation. The resolution organization may extend the time

  2  if appropriate. Failure to submit the supporting documentation

  3  within such time period shall result in a default against the

  4  health plan or provider. In the event of such a default, the

  5  resolution organization shall issue its written recommendation

  6  to the agency that a default be entered against the defaulting

  7  entity. The written recommendation shall include a

  8  recommendation to the agency that the defaulting entity shall

  9  pay the entity submitting the claim dispute the full amount of

10  the claim dispute, plus all accrued interest, and shall be

11  considered a nonprevailing party for the purposes of this

12  section.

13         (g)  If, on an ongoing basis, during the preceding

14  12-month period, the resolution organization has reason to

15  believe that a pattern exists on the part of a particular

16  health plan or provider, the resolution organization shall

17  evaluate the information contained in these cases to determine

18  whether the information as to the timely processing of claims

19  evidences a pattern of violation of s. 627.6131 or s. 641.3155

20  and report its findings, together with substantiating

21  evidence, to the appropriate licensure or certification entity

22  for the health plan or provider.

23         (3)  The agency shall adopt rules to establish a

24  process to be used by the resolution organization in

25  considering claim disputes submitted by a provider or health

26  plan managed care organization which must include the issuance

27  by the resolution organization of a written recommendation,

28  supported by findings of fact, to the agency within 60 days

29  after the requested information is received by the resolution

30  organization within the timeframes specified by the resolution

31  organization. In no event shall the review time exceed 90 days

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  following receipt of the initial claim dispute submission by

  2  the resolution organization receipt of the claim dispute

  3  submission.

  4         (4)  Within 30 days after receipt of the recommendation

  5  of the resolution organization, the agency shall adopt the

  6  recommendation as a final order.

  7         (5)  The agency shall notify within 7 days the

  8  appropriate licensure or certification entity whenever there

  9  is a violation of a final order issued by the agency pursuant

10  to this section.

11         (6)(5)  The entity that does not prevail in the

12  agency's order must pay a review cost to the review

13  organization, as determined by agency rule. Such rule must

14  provide for an apportionment of the review fee in any case in

15  which both parties prevail in part. If the nonprevailing party

16  fails to pay the ordered review cost within 35 days after the

17  agency's order, the nonpaying party is subject to a penalty of

18  not more than $500 per day until the penalty is paid.

19         (7)(6)  The agency for Health Care Administration may

20  adopt rules to administer this section.

21         Section 2.  Section 627.6131, Florida Statutes, is

22  created to read:

23         627.6131  Payment of claims.--

24         (1)  The contract shall include the following

25  provision:

26

27         "Time of Payment of Claims: After receiving

28         written proof of loss, the insurer will pay

29         monthly all benefits then due for ...(type of

30         benefit).... Benefits for any other loss

31         covered by this policy will be paid as soon as

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         the insurer receives proper written proof."

  2

  3         (2)  As used in this section, the term "claim" for a

  4  noninstitutional provider means a paper or electronic billing

  5  instrument submitted to the insurer's designated location that

  6  consists of the HCFA 1500 data set, or its successor, that has

  7  all mandatory entries for a physician licensed under chapter

  8  458, chapter 459, chapter 460, or chapter 461 or other

  9  appropriate billing instrument that has all mandatory entries

10  for any other noninstitutional provider. For institutional

11  providers, "claim" means a paper or electronic billing

12  instrument submitted to the insurer's designated location that

13  consists of the UB-92 data set or its successor that has all

14  mandatory entries.

15         (3)  All claims for payment, whether electronic or

16  nonelectronic:

17         (a)  Are considered received on the date the claim is

18  received by the insurer at its designated claims receipt

19  location.

20         (b)  Must be mailed or electronically transferred to an

21  insurer within 9 months after completion of the service and

22  the provider is furnished with the correct name and address of

23  the patient's health insurer.

24         (c)  Must not duplicate a claim previously submitted

25  unless it is determined that the original claim was not

26  received or is otherwise lost.

27         (4)  For all electronically submitted claims, a health

28  insurer shall:

29         (a)  Within 24 hours after the beginning of the next

30  business day after receipt of the claim, provide electronic

31  acknowledgment of the receipt of the claim to the electronic

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  source submitting the claim.

  2         (b)  Within 20 days after receipt of the claim, pay the

  3  claim or notify a provider or designee if a claim is denied or

  4  contested.  Notice of the insurer's action on the claim and

  5  payment of the claim is considered to be made on the date the

  6  notice or payment was mailed or electronically transferred.

  7         (c)1.  Notification of the health insurer's

  8  determination of a contested claim must be accompanied by an

  9  itemized list of additional information or documents the

10  insurer can reasonably determine are necessary to process the

11  claim.

12         2.  A provider must submit the additional information

13  or documentation, as specified on the itemized list, within 35

14  days after receipt of the notification. Failure of a provider

15  to submit by mail or electronically the additional information

16  or documentation requested within 35 days after receipt of the

17  notification may result in denial of the claim.

18         3.  A health insurer may not make more than one request

19  for documents under this paragraph in connection with a claim,

20  unless the provider fails to submit all of the requested

21  documents to process the claim or if documents submitted by

22  the provider raise new additional issues not included in the

23  original written itemization, in which case the health insurer

24  may provide the provider with one additional opportunity to

25  submit the additional documents needed to process the claim.

26  In no case may the health insurer request duplicate documents.

27         (d)  For purposes of this subsection, electronic means

28  of transmission of claims, notices, documents, forms, and

29  payments shall be used to the greatest extent possible by the

30  health insurer and the provider.

31         (e)  A claim must be paid or denied within 90 days

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  after receipt of the claim. Failure to pay or deny a claim

  2  within 120 days after receipt of the claim creates an

  3  uncontestable obligation to pay the claim.

  4         (5)  For all nonelectronically submitted claims, a

  5  health insurer shall:

  6         (a)  Effective November 1, 2003, provide acknowledgment

  7  of receipt of the claim within 15 days after receipt of the

  8  claim to the provider or provide a provider within 15 days

  9  after receipt with electronic access to the status of a

10  submitted claim.

11         (b)  Within 40 days after receipt of the claim, pay the

12  claim or notify a provider or designee if a claim is denied or

13  contested.  Notice of the insurer's action on the claim and

14  payment of the claim is considered to be made on the date the

15  notice or payment was mailed or electronically transferred.

16         (c)1.  Notification of the health insurer's

17  determination of a contested claim must be accompanied by an

18  itemized list of additional information or documents the

19  insurer can reasonably determine are necessary to process the

20  claim.

21         2.  A provider must submit the additional information

22  or documentation, as specified on the itemized list, within 35

23  days after receipt of the notification. Failure of a provider

24  to submit by mail or electronically the additional information

25  or documentation requested within 35 days after receipt of the

26  notification may result in denial of the claim.

27         3.  A health insurer may not make more than one request

28  for documents under this paragraph in connection with a claim

29  unless the provider fails to submit all of the requested

30  documents to process the claim or if documents submitted by

31  the provider raise new additional issues not included in the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  original written itemization, in which case the health insurer

  2  may provide the provider with one additional opportunity to

  3  submit the additional documents needed to process the claim.

  4  In no case may the health insurer request duplicate documents.

  5         (d)  For purposes of this subsection, electronic means

  6  of transmission of claims, notices, documents, forms, and

  7  payments shall be used to the greatest extent possible by the

  8  health insurer and the provider.

  9         (e)  A claim must be paid or denied within 120 days

10  after receipt of the claim. Failure to pay or deny a claim

11  within 140 days after receipt of the claim creates an

12  uncontestable obligation to pay the claim.

13         (6)  If a health insurer determines that it has made an

14  overpayment to a provider for services rendered to an insured,

15  the health insurer must make a claim for such overpayment.  A

16  health insurer that makes a claim for overpayment to a

17  provider under this section shall give the provider a written

18  or electronic statement specifying the basis for the

19  retroactive denial or payment adjustment. The insurer must

20  identify the claim or claims, or overpayment claim portion

21  thereof, for which a claim for overpayment is submitted.

22         (a)  If an overpayment determination is the result of

23  retroactive review or audit of coverage decisions or payment

24  levels not related to fraud, a health insurer shall adhere to

25  the following procedures:

26         1.  All claims for overpayment must be submitted to a

27  provider within 30 months after the health insurer's payment

28  of the claim. A provider must pay, deny, or contest the health

29  insurer's claim for overpayment within 40 days after the

30  receipt of the claim. All contested claims for overpayment

31  must be paid or denied within 120 days after receipt of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  claim. Failure to pay or deny overpayment and claim within 140

  2  days after receipt creates an uncontestable obligation to pay

  3  the claim.

  4         2.  A provider that denies or contests a health

  5  insurer's claim for overpayment or any portion of a claim

  6  shall notify the health insurer, in writing, within 35 days

  7  after the provider receives the claim that the claim for

  8  overpayment is contested or denied. The notice that the claim

  9  for overpayment is denied or contested must identify the

10  contested portion of the claim and the specific reason for

11  contesting or denying the claim and, if contested, must

12  include a request for additional information. If the health

13  insurer submits additional information, the health insurer

14  must, within 35 days after receipt of the request, mail or

15  electronically transfer the information to the provider. The

16  provider shall pay or deny the claim for overpayment within 45

17  days after receipt of the information. The notice is

18  considered made on the date the notice is mailed or

19  electronically transferred by the provider.

20         3.  Failure of a health insurer to respond to a

21  provider's contesting of claim or request for additional

22  information regarding the claim within 35 days after receipt

23  of such notice may result in denial of the claim.

24         4.  The health insurer may not reduce payment to the

25  provider for other services unless the provider agrees to the

26  reduction in writing or fails to respond to the health

27  insurer's overpayment claim as required by this paragraph.

28         5.  Payment of an overpayment claim is considered made

29  on the date the payment was mailed or electronically

30  transferred.  An overdue payment of a claim bears simple

31  interest at the rate of 12 percent per year.  Interest on an

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  overdue payment for a claim for an overpayment begins to

  2  accrue when the claim should have been paid, denied, or

  3  contested.

  4         (b)  A claim for overpayment shall not be permitted

  5  beyond 30 months after the health insurer's payment of a

  6  claim, except that claims for overpayment may be sought beyond

  7  that time from providers convicted of fraud pursuant to s.

  8  817.234.

  9         (7)  Payment of a claim is considered made on the date

10  the payment was mailed or electronically transferred. An

11  overdue payment of a claim bears simple interest of 12 percent

12  per year. Interest on an overdue payment for a claim or for

13  any portion of a claim begins to accrue when the claim should

14  have been paid, denied, or contested. The interest is payable

15  with the payment of the claim.

16         (8)  For all contracts entered into or renewed on or

17  after October 1, 2002, a health insurer's internal dispute

18  resolution process related to a denied claim not under active

19  review by a mediator, arbitrator, or third-party dispute

20  entity must be finalized within 60 days after the receipt of

21  the provider's request for review or appeal.

22         (9)  A provider or any representative of a provider,

23  regardless of whether the provider is under contract with the

24  health insurer, may not collect or attempt to collect money

25  from, maintain any action at law against, or report to a

26  credit agency an insured for payment of covered services for

27  which the health insurer contested or denied the provider's

28  claim. This prohibition applies during the pendency of any

29  claim for payment made by the provider to the health insurer

30  for payment of the services or internal dispute resolution

31  process to determine whether the health insurer is liable for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  the services.  For a claim, this pendency applies from the

  2  date the claim or a portion of the claim is denied to the date

  3  of the completion of the health insurer's internal dispute

  4  resolution process, not to exceed 60 days.

  5         (10)  The provisions of this section may not be waived,

  6  voided, or nullified by contract.

  7         (11)  A health insurer may not retroactively deny a

  8  claim because of insured ineligibility more than 1 year after

  9  the date of payment of the claim.

10         (12)  A health insurer shall pay a contracted primary

11  care or admitting physician, pursuant to such physician's

12  contract, for providing inpatient services in a contracted

13  hospital to an insured if such services are determined by the

14  health insurer to be medically necessary and covered services

15  under the health insurer's contract with the contract holder.

16         (13)  Upon written notification by an insured, an

17  insurer shall investigate any claim of improper billing by a

18  physician, hospital, or other health care provider. The

19  insurer shall determine if the insured was properly billed for

20  only those procedures and services that the insured actually

21  received. If the insurer determines that the insured has been

22  improperly billed, the insurer shall notify the insured and

23  the provider of its findings and shall reduce the amount of

24  payment to the provider by the amount determined to be

25  improperly billed. If a reduction is made due to such

26  notification by the insured, the insurer shall pay to the

27  insured 20 percent of the amount of the reduction up to $500.

28         (14)  A permissible error ratio of 5 percent is

29  established for insurer's claims payment violations of s.

30  627.6131(4)(a), (b), (c), and (e) and (5)(a), (b), (c), and

31  (e).  If the error ratio of a particular insurer does not

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  exceed the permissible error ratio of 5 percent for an audit

  2  period, no fine shall be assessed for the noted claims

  3  violations for the audit period.  The error ratio shall be

  4  determined by dividing the number of claims with violations

  5  found on a statistically valid sample of claims for the audit

  6  period by the total number of claims in the sample.  If the

  7  error ratio exceeds the permissible error ratio of 5 percent,

  8  a fine may be assessed according to s. 624.4211 for those

  9  claims payment violations which exceed the error ratio.

10  Notwithstanding the provisions of this section, the department

11  may fine a health insurer for claims payment violations of s.

12  627.6131(4)(e) and (5)(e) which create an uncontestable

13  obligation to pay the claim.  The department shall not fine

14  insurers for violations which the department determines were

15  due to circumstances beyond the insurer's control.

16         (15)  This section is applicable only to a major

17  medical expense health insurance policy as defined in s.

18  627.643(2)(e) offered by a group or an individual health

19  insurer licensed pursuant to chapter 624, including a

20  preferred provider policy under s. 627.6471 and an exclusive

21  provider organization under s. 627.6472 or a group or

22  individual insurance contract that provides payment for

23  enumerated dental services.

24         Section 3.  Section 627.6135, Florida Statutes, is

25  created to read:

26         627.6135  Treatment authorization; payment of claims.--

27         (1)  For purposes of this section, "authorization"

28  consists of any requirement of a provider to obtain prior

29  approval or to provide documentation relating to the necessity

30  of a covered medical treatment or service as a condition for

31  reimbursement for the treatment or service prior to the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  treatment or service. Each authorization request from a

  2  provider must be assigned an identification number by the

  3  health insurer.

  4         (2)  Upon receipt of a request from a provider for

  5  authorization, the health insurer shall make a determination

  6  within a reasonable time appropriate to medical circumstance

  7  indicating whether the treatment or services are authorized.

  8  For urgent care requests for which the standard timeframe for

  9  the health insurer to make a determination would seriously

10  jeopardize the life or health of an insured or would

11  jeopardize the insured's ability to regain maximum function, a

12  health insurer must notify the provider as to its

13  determination as soon as possible taking into account medical

14  exigencies.

15         (3)  Each response to an authorization request must be

16  assigned an identification number. Each authorization provided

17  by a health insurer must include the date of request of

18  authorization, a timeframe of the authorization, length of

19  stay if applicable, identification number of the

20  authorization, place of service, and type of service.

21         (4)  A claim for treatment may not be denied if a

22  provider follows the health insurer's authorization procedures

23  and receives authorization for a covered service for an

24  eligible insured unless the provider provided information to

25  the health insurer with the intention to misinform the health

26  insurer.

27         (5)  A health insurer's requirements for authorization

28  for medical treatment or services and 30-day advance notice of

29  material change in such requirements must be provided to all

30  contracted providers and upon request to all noncontracted

31  providers. A health insurer that makes such requirements and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  advance notices accessible to providers and insureds

  2  electronically shall be deemed to be in compliance with this

  3  subsection.

  4         Section 4.  Subsection (4) of section 627.651, Florida

  5  Statutes, is amended to read:

  6         627.651  Group contracts and plans of self-insurance

  7  must meet group requirements.--

  8         (4)  This section does not apply to any plan which is

  9  established or maintained by an individual employer in

10  accordance with the Employee Retirement Income Security Act of

11  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

12  arrangement as defined in s. 624.437(1), except that a

13  multiple-employer welfare arrangement shall comply with ss.

14  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

15  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(6).

16  This subsection does not allow an authorized insurer to issue

17  a group health insurance policy or certificate which does not

18  comply with this part.

19         Section 5.  Section 627.662, Florida Statutes, is

20  amended to read:

21         627.662  Other provisions applicable.--The following

22  provisions apply to group health insurance, blanket health

23  insurance, and franchise health insurance:

24         (1)  Section 627.569, relating to use of dividends,

25  refunds, rate reductions, commissions, and service fees.

26         (2)  Section 627.602(1)(f) and (2), relating to

27  identification numbers and statement of deductible provisions.

28         (3)  Section 627.635, relating to excess insurance.

29         (4)  Section 627.638, relating to direct payment for

30  hospital or medical services.

31         (5)  Section 627.640, relating to filing and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  classification of rates.

  2         (6)  Section 627.613, relating to timely payment of

  3  claims, or s. 627.6131, relating to payment of claims.

  4         (7)  Section 627.6135, relating to treatment

  5  authorizations and payment of claims.

  6         (8)(6)  Section 627.645(1), relating to denial of

  7  claims.

  8         (9)(7)  Section 627.613, relating to time of payment of

  9  claims.

10         (10)(8)  Section 627.6471, relating to preferred

11  provider organizations.

12         (11)(9)  Section 627.6472, relating to exclusive

13  provider organizations.

14         (12)(10)  Section 627.6473, relating to combined

15  preferred provider and exclusive provider policies.

16         (13)(11)  Section 627.6474, relating to provider

17  contracts.

18         Section 6.  Subsection (2) of section 627.638, Florida

19  Statutes, is amended to read:

20         627.638  Direct payment for hospital, medical

21  services.--

22         (2)  Whenever, in any health insurance claim form, an

23  insured specifically authorizes payment of benefits directly

24  to any recognized hospital or physician, the insurer shall

25  make such payment to the designated provider of such services,

26  unless otherwise provided in the insurance contract. However,

27  if:

28         (a)  The benefit is determined to be covered under the

29  terms of the policy;

30         (b)  The claim is limited to treatment of mental health

31  or substance abuse, including drug and alcohol abuse; and

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                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         (c)  The insured authorizes the insurer, in writing, as

  2  part of the claim to make direct payment of benefits to a

  3  recognized hospital, physician, or other licensed provider,

  4

  5  payments shall be made directly to the recognized hospital,

  6  physician, or other licensed provider, notwithstanding any

  7  contrary provisions in the insurance contract.

  8         Section 7.  Subsection (4) is added to section 641.234,

  9  Florida Statutes, to read:

10         641.234  Administrative, provider, and management

11  contracts.--

12         (4)  If a health maintenance organization, through a

13  health care risk contract, transfers to any entity the

14  obligations to pay any provider for any claims arising from

15  services provided to or for the benefit of any subscriber of

16  the organization, the health maintenance organization shall

17  remain responsible for any violations of ss. 641.3155 and

18  641.51(4). The provisions of ss. 624.418-624.4211 and 641.52

19  shall apply to any such violations. For purposes of this

20  subsection:

21         (a)  The term "health care risk contract" shall mean a

22  contract under which an entity receives compensation in

23  exchange for providing to the health maintenance organization

24  a provider network or other services, which may include

25  administrative services.

26         (b)  The term "entity" shall not include any provider

27  or group practice, as defined in s. 456.053, providing

28  services under the scope of the license of the provider or the

29  members of the group practice.

30         Section 8.  Subsection (1) of section 641.30, Florida

31  Statutes, is amended to read:

                                  17

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                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         641.30  Construction and relationship to other laws.--

  2         (1)  Every health maintenance organization shall accept

  3  the standard health claim form prescribed pursuant to s.

  4  641.3155 627.647.

  5         Section 9.  Subsection (4) of section 641.3154, Florida

  6  Statutes, is amended to read:

  7         641.3154  Organization liability; provider billing

  8  prohibited.--

  9         (4)  A provider or any representative of a provider,

10  regardless of whether the provider is under contract with the

11  health maintenance organization, may not collect or attempt to

12  collect money from, maintain any action at law against, or

13  report to a credit agency a subscriber of an organization for

14  payment of services for which the organization is liable, if

15  the provider in good faith knows or should know that the

16  organization is liable. This prohibition applies during the

17  pendency of any claim for payment made by the provider to the

18  organization for payment of the services and any legal

19  proceedings or dispute resolution process to determine whether

20  the organization is liable for the services if the provider is

21  informed that such proceedings are taking place. It is

22  presumed that a provider does not know and should not know

23  that an organization is liable unless:

24         (a)  The provider is informed by the organization that

25  it accepts liability;

26         (b)  A court of competent jurisdiction determines that

27  the organization is liable; or

28         (c)  The department or agency makes a final

29  determination that the organization is required to pay for

30  such services subsequent to a recommendation made by the

31  Statewide Provider and Subscriber Assistance Panel pursuant to

                                  18

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  s. 408.7056; or

  2         (d)  The agency issues a final order that the

  3  organization is required to pay for such services subsequent

  4  to a recommendation made by a resolution organization pursuant

  5  to s. 408.7057.

  6         Section 10.  Section 641.3155, Florida Statutes, is

  7  amended to read:

  8         (Substantial rewording of section. See

  9         s. 641.3155, F.S., for present text.)

10         641.3155  Prompt payment of claims.--

11         (1)  As used in this section, the term "claim" for a

12  noninstitutional provider means a paper or electronic billing

13  instrument submitted to the health maintenance organization's

14  designated location that consists of the HCFA 1500 data set,

15  or its successor, that has all mandatory entries for a

16  physician licensed under chapter 458, chapter 459, chapter

17  460, or chapter 461 or other appropriate billing instrument

18  that has all mandatory entries for any other noninstitutional

19  provider. For institutional providers, "claim" means a paper

20  or electronic billing instrument submitted to the health

21  maintenance organization's designated location that consists

22  of the UB-92 data set or its successor that has all mandatory

23  entries.

24         (2)  All claims for payment, whether electronic or

25  nonelectronic:

26         (a)  Are considered received on the date the claim is

27  received by the organization at its designated claims receipt

28  location.

29         (b)  Must be mailed or electronically transferred to an

30  organization within 9 months after completion of the service

31  and the provider is furnished with the correct name and

                                  19

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  address of the patient's health insurer.

  2         (c)  Must not duplicate a claim previously submitted

  3  unless it is determined that the original claim was not

  4  received or is otherwise lost.

  5         (3)  For all electronically submitted claims, a health

  6  maintenance organization shall:

  7         (a)  Within 24 hours after the beginning of the next

  8  business day after receipt of the claim, provide electronic

  9  acknowledgment of the receipt of the claim to the electronic

10  source submitting the claim.

11         (b)  Within 20 days after receipt of the claim, pay the

12  claim or notify a provider or designee if a claim is denied or

13  contested.  Notice of the organization's action on the claim

14  and payment of the claim is considered to be made on the date

15  the notice or payment was mailed or electronically

16  transferred.

17         (c)1.  Notification of the health maintenance

18  organization's determination of a contested claim must be

19  accompanied by an itemized list of additional information or

20  documents the insurer can reasonably determine are necessary

21  to process the claim.

22         2.  A provider must submit the additional information

23  or documentation, as specified on the itemized list, within 35

24  days after receipt of the notification. Failure of a provider

25  to submit by mail or electronically the additional information

26  or documentation requested within 35 days after receipt of the

27  notification may result in denial of the claim.

28         3.  A health maintenance organization may not make more

29  than one request for documents under this paragraph in

30  connection with a claim, unless the provider fails to submit

31  all of the requested documents to process the claim or if

                                  20

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  documents submitted by the provider raise new additional

  2  issues not included in the original written itemization, in

  3  which case the health maintenance organization may provide the

  4  provider with one additional opportunity to submit the

  5  additional documents needed to process the claim.  In no case

  6  may the health maintenance organization request duplicate

  7  documents.

  8         (d)  For purposes of this subsection, electronic means

  9  of transmission of claims, notices, documents, forms, and

10  payment shall be used to the greatest extent possible by the

11  health maintenance organization and the provider.

12         (e)  A claim must be paid or denied within 90 days

13  after receipt of the claim. Failure to pay or deny a claim

14  within 120 days after receipt of the claim creates an

15  uncontestable obligation to pay the claim.

16         (4)  For all nonelectronically submitted claims, a

17  health maintenance organization shall:

18         (a)  Effective November 1, 2003, provide

19  acknowledgement of receipt of the claim within 15 days after

20  receipt of the claim to the provider or designee or provide a

21  provider or designee within 15 days after receipt with

22  electronic access to the status of a submitted claim.

23         (b)  Within 40 days after receipt of the claim, pay the

24  claim or notify a provider or designee if a claim is denied or

25  contested.  Notice of the health maintenance organization's

26  action on the claim and payment of the claim is considered to

27  be made on the date the notice or payment was mailed or

28  electronically transferred.

29         (c)1.  Notification of the health maintenance

30  organization's determination of a contested claim must be

31  accompanied by an itemized list of additional information or

                                  21

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  documents the organization can reasonably determine are

  2  necessary to process the claim.

  3         2.  A provider must submit the additional information

  4  or documentation, as specified on the itemized list, within 35

  5  days after receipt of the notification. Failure of a provider

  6  to submit by mail or electronically the additional information

  7  or documentation requested within 35 days after receipt of the

  8  notification may result in denial of the claim.

  9         3.  A health maintenance organization may not make more

10  than one request for documents under this paragraph in

11  connection with a claim unless the provider fails to submit

12  all of the requested documents to process the claim or if

13  documents submitted by the provider raise new additional

14  issues not included in the original written itemization, in

15  which case the health maintenance organization may provide the

16  provider with one additional opportunity to submit the

17  additional documents needed to process the claim.  In no case

18  may the health maintenance organization request duplicate

19  documents.

20         (d)  For purposes of this subsection, electronic means

21  of transmission of claims, notices, documents, forms, and

22  payments shall be used to the greatest extent possible by the

23  health maintenance organization and the provider.

24         (e)  A claim must be paid or denied within 120 days

25  after receipt of the claim. Failure to pay or deny a claim

26  within 140 days after receipt of the claim creates an

27  uncontestable obligation to pay the claim.

28         (5)  If a health maintenance organization determines

29  that it has made an overpayment to a provider for services

30  rendered to a subscriber, the health maintenance organization

31  must make a claim for such overpayment.  A health maintenance

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  organization that makes a claim for overpayment to a provider

  2  under this section shall give the provider a written or

  3  electronic statement specifying the basis for the retroactive

  4  denial or payment adjustment.  The health maintenance

  5  organization must identify the claim or claims, or overpayment

  6  claim portion thereof, for which a claim for overpayment is

  7  submitted.

  8         (a)  If an overpayment determination is the result of

  9  retroactive review or audit of coverage decisions or payment

10  levels not related to fraud, a health maintenance organization

11  shall adhere to the following procedures:

12         1.  All claims for overpayment must be submitted to a

13  provider within 30 months after the health maintenance

14  organization's payment of the claim. A provider must pay,

15  deny, or contest the health maintenance organization's claim

16  for overpayment within 40 days after the receipt of the claim.

17  All contested claims for overpayment must be paid or denied

18  within 120 days after receipt of the claim. Failure to pay or

19  deny overpayment and claim within 140 days after receipt

20  creates an uncontestable obligation to pay the claim.

21         2.  A provider that denies or contests a health

22  maintenance organization's claim for overpayment or any

23  portion of a claim shall notify the organization, in writing,

24  within 35 days after the provider receives the claim that the

25  claim for overpayment is contested or denied.  The notice that

26  the claim for overpayment is denied or contested must identify

27  the contested portion of the claim and the specific reason for

28  contesting or denying the claim and, if contested, must

29  include a request for additional information.  If the

30  organization submits additional information, the organization

31  must, within 35 days after receipt of the request, mail or

                                  23

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  electronically transfer the information to the provider.  The

  2  provider shall pay or deny the claim for overpayment within 45

  3  days after receipt of the information.  The notice is

  4  considered made on the date the notice is mailed or

  5  electronically transferred by the provider.

  6         3.  Failure of a health maintenance organization to

  7  respond to a provider's contestment of claim or request for

  8  additional information regarding the claim within 35 days

  9  after receipt of such notice may result in denial of the

10  claim.

11         4.  The health maintenance organization may not reduce

12  payment to the provider for other services unless the provider

13  agrees to the reduction in writing or fails to respond to the

14  health maintenance organization's overpayment claim as

15  required by this paragraph.

16         5.  Payment of an overpayment claim is considered made

17  on the date the payment was mailed or electronically

18  transferred.  An overdue payment of a claim bears simple

19  interest at the rate of 12 percent per year.  Interest on an

20  overdue payment for a claim for an overpayment payment begins

21  to accrue when the claim should have been paid, denied, or

22  contested.

23         (b)  A claim for overpayment shall not be permitted

24  beyond 30 months after the health maintenance organization's

25  payment of a claim, except that claims for overpayment may be

26  sought beyond that time from providers convicted of fraud

27  pursuant to s. 817.234.

28         (6)  Payment of a claim is considered made on the date

29  the payment was mailed or electronically transferred. An

30  overdue payment of a claim bears simple interest of 12 percent

31  per year. Interest on an overdue payment for a claim or for

                                  24

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  any portion of a claim begins to accrue when the claim should

  2  have been paid, denied, or contested.  The interest is payable

  3  with the payment of the claim.

  4         (7)(a)  For all contracts entered into or renewed on or

  5  after October 1, 2002, a health maintenance organization's

  6  internal dispute resolution process related to a denied claim

  7  not under active review by a mediator, arbitrator, or

  8  third-party dispute entity must be finalized within 60 days

  9  after the receipt of the provider's request for review or

10  appeal.

11         (b)  All claims to a health maintenance organization

12  begun after October 1, 2000, not under active review by a

13  mediator, arbitrator, or third-party dispute entity, shall

14  result in a final decision on the claim by the health

15  maintenance organization by January 2, 2003, for the purpose

16  of the statewide provider and managed care organization claim

17  dispute resolution program pursuant to s. 408.7057.

18         (8)  A provider or any representative of a provider,

19  regardless of whether the provider is under contract with the

20  health maintenance organization, may not collect or attempt to

21  collect money from, maintain any action at law against, or

22  report to a credit agency a subscriber for payment of covered

23  services for which the health maintenance organization

24  contested or denied the provider's claim. This prohibition

25  applies during the pendency of any claim for payment made by

26  the provider to the health maintenance organization for

27  payment of the services or internal dispute resolution process

28  to determine whether the health maintenance organization is

29  liable for the services. For a claim, this pendency applies

30  from the date the claim or a portion of the claim is denied to

31  the date of the completion of the health maintenance

                                  25

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  organization's internal dispute resolution process, not to

  2  exceed 60 days.

  3         (9)  The provisions of this section may not be waived,

  4  voided, or nullified by contract.

  5         (10)  A health maintenance organization may not

  6  retroactively deny a claim because of subscriber ineligibility

  7  more than 1 year after the date of payment of the claim.

  8         (11)  A health maintenance organization shall pay a

  9  contracted primary care or admitting physician, pursuant to

10  such physician's contract, for providing inpatient services in

11  a contracted hospital to a subscriber if such services are

12  determined by the health maintenance organization to be

13  medically necessary and covered services under the health

14  maintenance organization's contract with the contract holder.

15         (12)  Upon written notification by a subscriber, a

16  health maintenance organization shall investigate any claim of

17  improper billing by a physician, hospital, or other health

18  care provider. The organization shall determine if the

19  subscriber was properly billed for only those procedures and

20  services that the subscriber actually received. If the

21  organization determines that the subscriber has been

22  improperly billed, the organization shall notify the

23  subscriber and the provider of its findings and shall reduce

24  the amount of payment to the provider by the amount determined

25  to be improperly billed. If a reduction is made due to such

26  notification by the insured, the insurer shall pay to the

27  insured 20 percent of the amount of the reduction up to $500.

28         (13)  A permissible error ratio of 5 percent is

29  established for health maintenance organizations' claims

30  payment violations of s. 641.3155(3)(a), (b), (c), and (e) and

31  (4)(a), (b), (c), and (e).  If the error ratio of a particular

                                  26

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  insurer does not exceed the permissible error ratio of 5

  2  percent for an audit period, no fine shall be assessed for the

  3  noted claims violations for the audit period.  The error ratio

  4  shall be determined by dividing the number of claims with

  5  violations found on a statistically valid sample of claims for

  6  the audit period by the total number of claims in the sample.

  7  If the error ratio exceeds the permissible error ratio of 5

  8  percent, a fine may be assessed according to s. 624.4211 for

  9  those claims payment violations which exceed the error ratio.

10  Notwithstanding the provisions of this section, the department

11  may fine a health maintenance organization for claims payment

12  violations of s. 641.3155(3)(e) and (4)(e) which create an

13  uncontestable obligation to pay the claim.  The department

14  shall not fine organizations for violations which the

15  department determines were due to circumstances beyond the

16  organization's control.

17         Section 11.  Section 641.3156, Florida Statutes, is

18  amended to read:

19         641.3156  Treatment authorization; payment of claims.--

20         (1)  For purposes of this section, "authorization"

21  consists of any requirement of a provider to obtain prior

22  approval or to provide documentation relating to the necessity

23  of a covered medical treatment or service as a condition for

24  reimbursement for the treatment or service prior to the

25  treatment or service. Each authorization request from a

26  provider must be assigned an identification number by the

27  health maintenance organization A health maintenance

28  organization must pay any hospital-service or referral-service

29  claim for treatment for an eligible subscriber which was

30  authorized by a provider empowered by contract with the health

31  maintenance organization to authorize or direct the patient's

                                  27

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  utilization of health care services and which was also

  2  authorized in accordance with the health maintenance

  3  organization's current and communicated procedures, unless the

  4  provider provided information to the health maintenance

  5  organization with the willful intention to misinform the

  6  health maintenance organization.

  7         (2)  A claim for treatment may not be denied if a

  8  provider follows the health maintenance organization's

  9  authorization procedures and receives authorization for a

10  covered service for an eligible subscriber, unless the

11  provider provided information to the health maintenance

12  organization with the willful intention to misinform the

13  health maintenance organization.

14         (3)  Upon receipt of a request from a provider for

15  authorization, the health maintenance organization shall make

16  a determination within a reasonable time appropriate to

17  medical circumstance indicating whether the treatment or

18  services are authorized. For urgent care requests for which

19  the standard timeframe for the health maintenance organization

20  to make a determination would seriously jeopardize the life or

21  health of a subscriber or would jeopardize the subscriber's

22  ability to regain maximum function, a health maintenance

23  organization must notify the provider as to its determination

24  as soon as possible taking into account medical exigencies.

25         (4)  Each response to an authorization request must be

26  assigned an identification number. Each authorization provided

27  by a health maintenance organization must include the date of

28  request of authorization, timeframe of the authorization,

29  length of stay if applicable, identification number of the

30  authorization, place of service, and type of service.

31         (5)  A health maintenance organization's requirements

                                  28

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  for authorization for medical treatment or services and 30-day

  2  advance notice of material change in such requirements must be

  3  provided to all contracted providers and upon request to all

  4  noncontracted providers. A health maintenance organization

  5  that makes such requirements and advance notices accessible to

  6  providers and subscribers electronically shall be deemed to be

  7  in compliance with this paragraph.

  8         (6)(3)  Emergency services are subject to the

  9  provisions of s. 641.513 and are not subject to the provisions

10  of this section.

11         Section 12.  Except as otherwise provided herein, this

12  act shall take effect October 1, 2002, and shall apply to

13  claims for services rendered after such date.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18                      A bill to be entitled

19

20         An act relating to health care; amending s.

21         408.7057, F.S.; redesignating a program title;

22         revising definitions; including preferred

23         provider organizations and health insurers in

24         the claim dispute resolution program;

25         specifying timeframes for submission of

26         supporting documentation necessary for dispute

27         resolution; providing consequences for failure

28         to comply; providing an additional

29         responsibility for the claim dispute resolution

30         organization relating to patterns of claim

31         disputes; providing timeframes for review by

                                  29

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         the resolution organization; directing the

  2         agency to notify appropriate licensure and

  3         certification entities as part of violation of

  4         final orders; creating s. 627.6131, F.S.;

  5         specifying payment of claims provisions

  6         applicable to certain health insurers;

  7         providing a definition; providing requirements

  8         and procedures for paying, denying, or

  9         contesting claims; providing criteria and

10         limitations; requiring payment within specified

11         periods; specifying rate of interest charged on

12         overdue payments; providing for electronic and

13         nonelectronic transmission of claims; providing

14         procedures for overpayment recovery; specifying

15         timeframes for adjudication of claims,

16         internally and externally; prohibiting action

17         to collect payment from an insured under

18         certain circumstances; providing applicability;

19         prohibiting contractual modification of

20         provisions of law; specifying circumstances for

21         retroactive claim denial; specifying claim

22         payment requirements; providing for billing

23         review procedures; specifying claim content

24         requirements; establishing a permissible error

25         ratio, specifying its applicability, and

26         providing for fines; creating s. 627.6135,

27         F.S., relating to treatment authorization;

28         providing a definition; specifying

29         circumstances for authorization timeframes;

30         specifying content for response to

31         authorization requests; providing for an

                                  30

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         obligation for payment, with exception;

  2         providing authorization procedure notice

  3         requirements; amending s. 627.651, F.S.;

  4         correcting a cross reference, to conform;

  5         amending s. 627.662, F.S.; specifying

  6         application of certain additional provisions to

  7         group, blanket, and franchise health insurance;

  8         amending s. 627.638, F.S.; revising

  9         requirements relating to direct payment of

10         benefits to specified providers under certain

11         circumstances; amending s. 641.234, F.S.;

12         specifying responsibility of a health

13         maintenance organization for certain violations

14         under certain circumstances; amending s.

15         641.30, F.S.; conforming a cross reference;

16         amending s. 641.3154, F.S.; modifying the

17         circumstances under which a provider knows that

18         an organization is liable for service

19         reimbursement; amending s. 641.3155, F.S.;

20         revising payment of claims provisions

21         applicable to certain health maintenance

22         organizations; providing a definition;

23         providing requirements and procedures for

24         paying, denying, or contesting claims;

25         providing criteria and limitations; requiring

26         payment within specified periods; revising rate

27         of interest charged on overdue payments;

28         providing for electronic and nonelectronic

29         transmission of claims; providing procedures

30         for overpayment recovery; specifying timeframes

31         for adjudication of claims, internally and

                                  31

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1         externally; prohibiting action to collect

  2         payment from a subscriber under certain

  3         circumstances; prohibiting contractual

  4         modification of provisions of law; specifying

  5         circumstances for retroactive claim denial;

  6         specifying claim payment requirements;

  7         providing for billing review procedures;

  8         specifying claim content requirements;

  9         establishing a permissible error ratio,

10         specifying its applicability, and providing for

11         fines; amending s. 641.3156, F.S., relating to

12         treatment authorization; providing a

13         definition; specifying circumstances for

14         authorization timeframes; specifying content

15         for response to authorization requests;

16         providing for an obligation for payment, with

17         exception; providing authorization procedure

18         notice requirements; providing effective dates.

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    File original & 9 copies    03/14/02
    hmo0011                     08:35 pm         02007-0086-645747