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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

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  9

10  ______________________________________________________________

11  The Committee on Judicial Oversight offered the following:

12

13         Substitute Amendment for Amendment (864531) (with title

14  amendment) 

15         On page 3, line 9, through page 34, line 2,

16  remove:  all of said lines

17

18  and insert:

19         Section 1.  Section 408.7057, Florida Statutes, is

20  amended to read:

21         408.7057  Statewide provider and managed care

22  organization claim dispute resolution program.--

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

24         (a)  "Managed care organization" means a health

25  maintenance organization or a prepaid health clinic certified

26  under chapter 641, a prepaid health plan authorized under s.

27  409.912, or an exclusive provider organization certified under

28  s. 627.6472, a preferred provider organization under s.

29  627.6471, or a health insurer licensed pursuant to chapter 627

30  transacting group or individual hospital and medical expense

31  incurred health insurance business in this state.  This

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  section shall not apply to Medicare supplement, long-term

  2  care, disability, limited-benefit, accident-only,

  3  hospital-indemnity, specified disease, dental, vision, or

  4  other supplemental policies unless said policies provide

  5  payment directly to the provider.

  6         (b)  "Resolution organization" means a qualified

  7  independent third-party claim-dispute-resolution entity

  8  selected by and contracted with the Agency for Health Care

  9  Administration.

10         (c)  "Agency" means the Agency for Health Care

11  Administration.

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

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

14  to contracted and noncontracted providers and managed care

15  organizations for resolution of claim disputes that are not

16  resolved by the provider and the managed care organization.

17  The agency shall contract with a resolution organization to

18  timely review and consider claim disputes submitted by

19  providers and managed care organizations and recommend to the

20  agency an appropriate resolution of those disputes. The agency

21  shall establish by rule jurisdictional amounts and methods of

22  aggregation for claim disputes that may be considered by the

23  resolution organization.

24         (b)  The resolution organization shall review claim

25  disputes filed by contracted and noncontracted providers and

26  managed care organizations unless the disputed claim:

27         1.  Is related to interest payment;

28         2.  Does not meet the jurisdictional amounts or the

29  methods of aggregation established by agency rule, as provided

30  in paragraph (a);

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  managed care organization or a reconsideration appeal through

  2  the Medicare appeals process;

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

  4  by the state;

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

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

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

  8  federal court; or

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

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

11  2000, between the provider and the managed care organization.

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

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

14  dispute-resolution process as a prerequisite to the submission

15  of a claim by a provider or a managed care health maintenance

16  organization to the resolution organization when the

17  dispute-resolution program becomes effective.

18         (d)  A contracted or noncontracted provider or managed

19  care health maintenance organization may not file a claim

20  dispute with the resolution organization more than 12 months

21  after a final determination has been made on a claim by a

22  managed care health maintenance organization or provider.

23         (e)  The resolution organization shall require the

24  managed care organization or provider submitting the claim

25  dispute to submit any supporting documentation to the

26  resolution organization within 15 days after receipt by the

27  managed care organization or provider of a request from the

28  resolution organization for documentation in support of the

29  claim dispute. The resolution organization may extend the time

30  if appropriate. Failure to submit the supporting documentation

31  within such time period shall result in the dismissal of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  submitted claim dispute.

  2         (f)  The resolution organization shall require the

  3  respondent in the claim dispute to submit all documentation in

  4  support of its position within 15 days after receiving a

  5  request from the resolution organization for supporting

  6  documentation. The resolution organization may extend the time

  7  if appropriate. Failure to submit the supporting documentation

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

  9  managed care organization or provider. In the event of such a

10  default, the resolution organization shall issue its written

11  recommendation to the agency that a default be entered against

12  the defaulting entity. The written recommendation shall

13  include a recommendation to the agency that the defaulting

14  entity shall pay the entity submitting the claim dispute the

15  full amount of the claim dispute, plus all accrued interest,

16  and shall be considered a nonprevailing party for the purposes

17  of this section.

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

19  process to be used by the resolution organization in

20  considering claim disputes submitted by a provider or managed

21  care organization which must include the issuance by the

22  resolution organization of a written recommendation, supported

23  by findings of fact, to the agency within 60 days after

24  receipt of the claim dispute submission.

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

26  of the resolution organization, the agency shall adopt the

27  recommendation as a final order.

28         (5)  The agency shall provide written notification

29  within 7 days to the appropriate licensure or certification

30  entity whenever the agency issues a final order pursuant to

31  this section.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         (6)(5)  The entity that does not prevail in the

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

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

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

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

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

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

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

  9         (7)(6)  The agency for Health Care Administration may

10  adopt rules to administer this section.

11         Section 2.  Section 627.613, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

14         s. 627.613, F.S., for present text.)

15         627.613  Payment of claims.--

16         (1)  The contract shall include the following

17  provision:

18

19         "Time of Payment of Claims: After receiving written

20  proof of loss, the insurer will pay monthly all benefits then

21  due for ...(type of benefit).... Benefits for any other loss

22  covered by this policy will be paid as soon as the insurer

23  receives proper written proof."

24

25         (2)(a)  As used in this section, the term "clean claim"

26  for a noninstitutional provider means an electronic or

27  nonelectronic claim submitted on a HCFA 1500 form which has no

28  defect or impropriety, including lack of required

29  substantiating documentation for noncontracted providers and

30  suppliers, or particular circumstances requiring special

31  treatment which prevent timely payment from being made on the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  claim. A claim may not be excluded from meeting this

  2  definition solely because a health insurer refers the claim to

  3  a medical specialist for examination. If additional

  4  substantiating documentation, such as the medical record or

  5  encounter data, is required, the claim shall not be considered

  6  a clean claim.

  7         (b)  Absent a written definition that is agreed upon

  8  through contract, the term "clean claim" for an institutional

  9  claim is a properly and accurately completed paper or

10  electronic billing instrument that consists of the UB-92 data

11  set with entries stated as mandatory by the National Uniform

12  Billing Committee.

13         (c)  The department shall adopt rules to establish

14  claim forms consistent with applicable federal claim-filing

15  standards. The department may adopt rules relating to coding

16  standards consistent with Medicare coding standards of the

17  federal Centers for Medicare and Medicaid Services in

18  existence on February 1, 2002.

19         (3)  All claims for payment, notices, and requests for

20  more information or review, whether electronic or

21  nonelectronic, are considered received on the date the claim,

22  notice, or request is received.

23         (4)  For an electronically submitted claim, a health

24  insurer shall:

25         (a)  Provide electronic acknowledgment of the receipt

26  of the claim within 24 hours of receipt of the claim to the

27  provider, or the provider's designee.

28         (b)1.  Notify a provider if a claim is "not clean"

29  within 10 days of receipt of the claim.

30         2.  A claim determined to be clean during the initial

31  10 days after the health insurer's receipt of the claim must

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  be paid, denied, or contested within 20 days of the receipt of

  2  the claim.

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

  4  determination of a "not clean" claim must be accompanied by a

  5  complete itemized list of additional information or documents

  6  needed to process the claim as a "clean claim." Failure to

  7  notify a provider within 20 days of receipt of the claim

  8  creates an uncontestable obligation to pay the claim.

  9         2.  A provider must submit the additional information

10  or documentation, as specified on the complete itemized list,

11  within 15 days of receipt of the notification. Failure of a

12  provider to submit the additional information or documentation

13  requested within 15 days of receipt of the notification may

14  result in denial of the claim.

15         3.  Upon receipt of the requested additional

16  information by the health insurer, the health insurer must

17  determine if the claim is clean or not clean. A clean claim

18  must be paid, denied, or contested within 10 days of receipt

19  of the additional information.

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

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

22  be used to the greatest extent possible by the health insurer

23  and the provider.

24         (e)  A claim determined to be clean but contested must

25  be paid or denied within 120 days of receipt of the claim.

26  Failure to pay or deny a claim within 120 days of receipt of

27  the claim creates an uncontestable obligation to pay the

28  claim.

29         (5)  For all nonelectronically submitted claims, a

30  health insurer shall:

31         (a)  Provide acknowledgement of receipt of the claim

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  within 15 days of receipt of the claim to the provider, or the

  2  provider's designee.

  3         (b)1.  Notify a provider if a claim is "not clean"

  4  within 20 days of receipt.

  5         2.  A claim determined to be clean during the initial

  6  20 days after the health insurer's receipt of the claim must

  7  be paid, denied, or contested within 55 days of the receipt of

  8  the claim.

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

10  determination of a "not clean" claim must be accompanied by a

11  complete itemized list of additional information or documents

12  needed to process the claim as a "clean claim." Failure to

13  notify a provider or a provider's designee within 40 days of

14  receipt of the claim that the claim is not clean or to provide

15  a complete itemized list of additional information or

16  documents needed to process the claim creates an uncontestable

17  obligation to pay the claim.

18         2.  A provider must submit the additional information

19  or documentation, as specified on the complete itemized list,

20  within 15 days of receipt of the notification. Failure of a

21  provider to submit the additional information or documentation

22  requested within 15 days of receipt of the notification may

23  result in the denial of the claim.

24         3.  Upon receipt of the requested additional

25  information by the health insurer, the health insurer must

26  determine if the claim is clean or not clean. A clean claim

27  must be paid, denied, or contested within 20 days of receipt

28  of the additional information.

29         (d)  A claim determined to be clean but contested must

30  be paid or denied within 150 days of receipt of the claim.

31  Failure to pay or deny a claim within 150 days of receipt of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  the claim creates an uncontestable obligation to pay the

  2  claim.

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

  4  the payment was received or electronically transferred. An

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

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

  7  for any portion of a clean claim begins to accrue on the 36th

  8  day after the receipt of a clean electronic claim and on the

  9  56th day after receipt of a clean nonelectronic claim. The

10  interest is payable with the payment of the claim.

11         (7)  If a health insurer determines that it has made an

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

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

14  health insurer that makes a claim for overpayment to a

15  provider under this section shall give the provider a written

16  or electronic statement specifying the basis for the

17  retroactive denial and identifying the claim or claims, or

18  portion thereof, which are being retroactively denied.

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

20  retroactive review or audit of coverage decisions or payment

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

22  the following procedures:

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

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

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

26  insurer's claim for overpayment.  All claims for overpayment

27  which are not contested must be paid or denied within 45 days

28  of the receipt of the claim. All contested claims for

29  overpayment must be paid or denied within 120 days of receipt

30  of the claim.

31         2.  A provider must notify a health insurer that it

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  will pay, deny, or contest a claim for overpayment within 20

  2  days of receipt of the overpayment claim. The provider's

  3  notice of contestment must contain a complete itemized list of

  4  requested information and documents. Failure of a provider to

  5  pay, deny, or contest a claim within the 20 days creates an

  6  uncontestable obligation of the provider to pay the

  7  overpayment claim.

  8         3.  A health insurer must respond to a provider's

  9  contestment of a claim or request for additional information

10  regarding the claim within 15 days. Failure of a health

11  insurer to respond to a provider's contestment of claim or

12  request for additional information regarding the claim within

13  15 days after receipt of such notice creates an uncontestable

14  denial of the claim.

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

16  provider for other services unless the provider agrees to the

17  reduction in writing or fails to respond to the health

18  insurer's claim as required by this paragraph.

19         5.  Payment of an overpayment claim is considered made

20  on the date the payment was received or electronically

21  transferred. An overdue payment of a claim bears simple

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

23  overdue payment for a noncontested overpayment payment of a

24  claim begins on the 36th day after receipt of a claim of

25  overpayment. Interest on an overdue payment of a contested

26  overpayment of a claim begins on the 120th day after receipt

27  of a claim for overpayment. 

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

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

30  except that claims for overpayment may be sought beyond that

31  time from providers convicted of fraud pursuant to s. 817.234.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         (8)(a)  For all contracts entered into or renewed on or

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

  3  resolution process related to a denied claim not under active

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

  5  entity within 60 days, must be finalized within 60 days of the

  6  receipt of the provider's request for review or appeal.

  7         (b)  All claims to a health insurer begun after October

  8  1, 2000, not under active review by a mediator, arbitrator, or

  9  third-party dispute entity, shall result in a final decision

10  on the claim by the health insurer by January 2, 2003, for the

11  purpose of the statewide provider and managed care

12  organization claim dispute resolution program pursuant to s.

13  408.7057.

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

15  regardless of whether the provider is under contract with the

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

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

18  credit agency an insured for payment of covered services for

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

20  claim for not being a clean claim. The prohibition applies

21  during the pendency of any claim for payment made by the

22  provider to the health insurer for payment of the services or

23  internal dispute resolution process to determine whether the

24  claim is a clean claim and the health insurer is liable for

25  the services. For an electronic claim, this pendency applies

26  from the date the claim is determined to be "not clean" or

27  denied, to the date of the completion of the health insurer's

28  internal dispute resolution process, not to exceed 180 days.

29  For a nonelectronic claim, this pendency applies from the date

30  the claim is determined to be "not clean" or denied, to the

31  date of the completion of the health insurer's internal

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  dispute resolution process, not to exceed 210 days.

  2         (10)  Any entity which contracts with a health insurer

  3  or its designee to furnish provider services to an insured

  4  shall comply with the provisions of this section. For the

  5  purposes of regulation by the Department of Insurance, a

  6  health insurer shall be liable for those entities' compliance,

  7  except for those providers or provider-owned or

  8  provider-formed entities under contract with a health insurer.

  9         (11)  This section does not preclude the health insurer

10  and provider from agreeing to other methods of submission and

11  receipt of claims; however, time frames specified herein shall

12  not be extended.

13         (12)  A health insurer may not retroactively deny a

14  claim because of insured ineligibility more than 1 year after

15  the date of payment of the claim.

16         (13)  A health insurer shall pay a contracted primary

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

18  contract, for providing inpatient services in a contracted

19  hospital to an insured, if such services are determined by the

20  health insurer to be medically necessary and covered services

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

22         (14)  Upon written notification by an insured, an

23  insurer shall investigate any claim of improper billing by a

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

25  insurer shall determine if the insured was properly billed for

26  only those procedures and services that the insured actually

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

28  improperly billed, the insurer shall notify the insured and

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

30  payment to the provider by the amount determined to be

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





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

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

  3         (15)(a)  Without regard to any other remedy or relief

  4  to which a person is entitled, or obligated to under contract,

  5  anyone aggrieved by a violation of this section may bring an

  6  action to obtain a declaratory judgment that an act or

  7  practice violates this section and to enjoin a person who has

  8  violated, is violating, or is otherwise likely to violate this

  9  section.

10         (b)  Except as provided in paragraph (d), in any action

11  brought by a person who has suffered a loss as a result of a

12  violation of this section, such person may recover any amounts

13  due the person under this section, including accrued interest,

14  plus attorney's fees and court costs as provided in paragraph

15  (c).

16         (c)  In any civil litigation resulting from either an

17  insured, or the insured's assignee, or health insurer not

18  receiving a payment or repayment of monies due under this

19  section where the losing party is found not to have paid the

20  prevailing party in accordance with this section, the

21  prevailing party, after judgment in the trial court and after

22  exhausting all appeals, if any, shall receive his or her

23  attorney's fees and costs from the losing party; provided,

24  however, that such fees shall not exceed two times the amount

25  in controversy or $5,000, whichever is greater.

26         (d)  In any civil litigation brought by a person who

27  has suffered a loss as a result of a violation of this

28  section, if the prevailing party can demonstrate that: 

29         1.  The acts giving rise to a violation of this section

30  occur with such frequency as to indicate a general business

31  practice; and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         2.  The losing party has failed to exercise good faith

  2  in complying with this section, when, under the circumstances,

  3  it could and should have done so, had it acted fairly and

  4  honestly toward the prevailing party;

  5

  6  the prevailing party, after judgment in trial court and after

  7  exhausting all appeals, if any, shall be entitled to recover

  8  up to two times the amount due the person under this section

  9  and his or her attorney's fees from the losing party.

10         (e)  The attorney for the prevailing party shall submit

11  a sworn affidavit of his or her time spent on the case and his

12  or her costs incurred for all the motions, hearings, and

13  appeals to the trial court.

14         (f)  Any award of attorney's fees or costs shall become

15  a part of the judgment and subject to execution as the law

16  allows.

17         (16)(a)  The provisions of this section shall also

18  apply to ss. 627.6471 and 627.6472.

19         (b)  An insured's assignee who has a contract pursuant

20  to s. 627.6471 or s. 627.6472 with the insurer must include on

21  the claim form the amount due according to the terms of the

22  contract.

23         (17)  This section shall only apply to policies and

24  certificates issued or renewed on or after the effective date

25  of this act for group or individual hospital and medical

26  expense-incurred health insurance business in this state.

27  This section shall not apply to Medicare supplement, long-term

28  care, disability, limited-benefit, accident-only, hospital

29  indemnity, special disease, dental, vision, or other

30  supplemental policies unless said policies provide payment

31  directly to the provider.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         Section 3.  Section 627.6135, Florida Statutes, is

  2  created to read:

  3         627.6135  Treatment authorization; payment of claims.--

  4         (1)  A health insurer must pay any hospital-service or

  5  referral-service claim for treatment for an eligible insured

  6  which was authorized by a provider empowered by contract to

  7  authorize or direct the insured's utilization of health care

  8  services and which was also authorized in accordance with the

  9  health insured's current and communicated procedures, unless

10  the provider provided information to the health insurer with

11  the willful intention to misinform the health insurer. For

12  purposes of this section, "authorization" consists of any

13  requirement of a provider to obtain prior approval or to

14  provide documentation relating to the necessity of a covered

15  medical treatment or service as a condition for reimbursement

16  for the treatment or service prior to the treatment or

17  service. Each authorization request from a provider must be

18  assigned an identification number by the health insurer.

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

20  authorization, the health insurer shall make a determination

21  within a reasonable time appropriate to medical circumstance

22  indicating whether the treatment or services are authorized.

23  For urgent care requests for which the standard time frame for

24  the health insurer to make a determination would seriously

25  jeopardize the life or health of an insured or would

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

27  health insurer must notify the provider as to its

28  determination as soon as possible taking into account medical

29  exigencies but not later than 72 hours after receiving the

30  request for authorization.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  assigned an identification number. Each authorization provided

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

  3  authorization, the time frame of the authorization, the

  4  identification number of the authorization, place of service,

  5  type of service, and patient status.

  6         (4)  Failure of a health insurer to respond to a

  7  request for authorization within the specified time frames

  8  creates an uncontestable obligation to provide reimbursement

  9  for the requested treatment or service.

10         (5)  A claim for treatment may not be denied if a

11  provider follows the health insurer's authorization procedures

12  and receives authorization for a covered service for an

13  eligible insured, unless the provider provided information to

14  the health insurer with the willful intention to misinform the

15  health insurer.

16         (6)  A health insurer's material change in

17  authorization procedures or requirements for authorization for

18  medical treatment or services must be provided, at least 30

19  days in advance of the change, to all contracted providers and

20  to all noncontracted providers upon request. A health insurer

21  that makes such procedures accessible to providers and

22  insureds electronically, at least 30 days in advance of the

23  change, shall be deemed to be in compliance with this section.

24  An organization shall send notice to a contracted provider

25  providing notice and an effective date of the material

26  changes.

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

28  Statutes, is amended to read:

29         627.651  Group contracts and plans of self-insurance

30  must meet group requirements.--

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

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  1  established or maintained by an individual employer in

  2  accordance with the Employee Retirement Income Security Act of

  3  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

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

  5  multiple-employer welfare arrangement shall comply with ss.

  6  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

  7  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(6).

  8  This subsection does not allow an authorized insurer to issue

  9  a group health insurance policy or certificate which does not

10  comply with this part.

11         Section 5.  Section 627.662, Florida Statutes, is

12  amended to read:

13         627.662  Other provisions applicable.--The following

14  provisions apply to group health insurance, blanket health

15  insurance, and franchise health insurance:

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

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

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

19  identification numbers and statement of deductible provisions.

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

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

22  hospital or medical services.

23         (5)  Section 627.640, relating to filing and

24  classification of rates.

25         (6)  Section 627.613, relating to payment of claims.

26         (7)  Section 627.6135, relating to treatment

27  authorizations; payment of claims.

28         (8)(6)  Section 627.645(1), relating to denial of

29  claims.

30         (9)(7)  Section 627.613, relating to time of payment of

31  claims.

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                                                   Bill No. HB 293

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





  1         (10)(8)  Section 627.6471, relating to preferred

  2  provider organizations.

  3         (11)(9)  Section 627.6472, relating to exclusive

  4  provider organizations.

  5         (12)(10)  Section 627.6473, relating to combined

  6  preferred provider and exclusive provider policies.

  7         (13)(11)  Section 627.6474, relating to provider

  8  contracts.

  9         Section 6.  Section 641.234, Florida Statutes, is

10  amended to read:

11         641.234  Administrative, provider, and management

12  contracts.--

13         (1)  The department may require a health maintenance

14  organization to submit any contract for administrative

15  services, contract with a provider other than an individual

16  physician, contract for management services, and contract with

17  an affiliated entity to the department.

18         (2)  After review of a contract the department may

19  order the health maintenance organization to cancel the

20  contract in accordance with the terms of the contract and

21  applicable law if it determines:

22         (a)  That the fees to be paid by the health maintenance

23  organization under the contract are so unreasonably high as

24  compared with similar contracts entered into by the health

25  maintenance organization or as compared with similar contracts

26  entered into by other health maintenance organizations in

27  similar circumstances that the contract is detrimental to the

28  subscribers, stockholders, investors, or creditors of the

29  health maintenance organization; or

30         (b)  That the contract is with an entity that is not

31  licensed under state statutes, if such license is required, or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  is not in good standing with the applicable regulatory agency.

  2         (3)  No contract for administrative services,

  3  management services, and provider services entered into or

  4  renewed by a health maintenance organization may transfer or

  5  assign any of the primary risk-taker duties and

  6  responsibilities to any other entity, including payment of

  7  claims pursuant to s. 641.3155 and quality assurance

  8  requirements pursuant to s. 641.51.

  9         (4)(3)  All contracts for administrative services,

10  management services, provider services other than individual

11  physician contracts, and with affiliated entities entered into

12  or renewed by a health maintenance organization on or after

13  October 1, 1988, shall contain a provision that the contract

14  shall be canceled upon issuance of an order by the department

15  pursuant to this section.

16         Section 7.  Subsection (1) of section 641.30, Florida

17  Statutes, is amended to read:

18         641.30  Construction and relationship to other laws.--

19         (1)  Every health maintenance organization shall accept

20  the standard health claim form prescribed pursuant to s.

21  641.3155 s. 627.647.

22         Section 8.  Subsection (4) of section 641.3154, Florida

23  Statutes, is amended to read:

24         641.3154  Organization liability; provider billing

25  prohibited.--

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

27  regardless of whether the provider is under contract with the

28  health maintenance organization, may not collect or attempt to

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





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

  2  organization is liable. This prohibition applies during the

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

  4  organization for payment of the services and any legal

  5  proceedings or dispute resolution process to determine whether

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

  7  informed that such proceedings are taking place. It is

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

  9  that an organization is liable unless:

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

11  it accepts liability;

12         (b)  A court of competent jurisdiction determines that

13  the organization is liable; or

14         (c)  The department or agency makes a final

15  determination that the organization is required to pay for

16  such services subsequent to a recommendation made by the

17  Statewide Provider and Subscriber Assistance Panel pursuant to

18  s. 408.7056.

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

20  organization is required to pay for such services subsequent

21  to a recommendation made by a resolution organization pursuant

22  to s. 408.7057.

23         Section 9.  Section 641.3155, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

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

27         641.3155  Prompt payment of claims.--

28         (1)(a)  As used in this section, the term "clean claim"

29  for a noninstitutional provider means an electronic or

30  nonelectronic claim submitted on a HCFA 1500 form which has no

31  defect or impropriety, including lack of required

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                                                   Bill No. HB 293

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





  1  substantiating documentation for noncontracted providers and

  2  suppliers, or particular circumstances requiring special

  3  treatment which prevent timely payment from being made on the

  4  claim. A claim may not be excluded from meeting this

  5  definition solely because a health maintenance organization

  6  refers the claim to a medical specialist within the health

  7  maintenance organization for examination. If additional

  8  substantiating documentation, such as the medical record or

  9  encounter data, is required from a source outside the health

10  maintenance organization, the claim shall not be considered a

11  clean claim. This definition of "clean claim" is repealed on

12  the effective date of rules adopted by the department which

13  define the term "clean claim".

14         (b)  Absent a written definition that is agreed upon

15  through contract, the term "clean claim" for an institutional

16  claim is a properly and accurately completed paper or

17  electronic billing instrument that consists of the UB-92 data

18  set or its successor with entries stated as mandatory by the

19  National Uniform Billing Committee.

20         (c)  The department shall adopt rules to establish

21  claim forms consistent with federal claim-filing standards for

22  health maintenance organizations required by the federal

23  Centers for Medicare and Medicaid Services. The department may

24  adopt rules relating to coding standards consistent with

25  Medicare coding standards adopted by the federal Centers for

26  Medicare and Medicaid Services.

27         (2)  All claims for payment, notices, and requests for

28  more information or review, whether electronic or

29  nonelectronic, are considered received on the date the claim,

30  notice, or request is received.

31         (3)  For an electronically submitted claim, a health

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  maintenance organization shall:

  2         (a)  Provide electronic acknowledgment of the receipt

  3  of the claim within 24 hours of receipt of the claim to the

  4  provider, or the provider's designee.

  5         (b)1.  Notify a provider if a claim is "not clean"

  6  within 10 days of receipt of the claim.

  7         2.  A claim determined to be clean during the initial

  8  10 days after the organization's receipt of the claim must be

  9  paid, denied, or contested within 20 days of the receipt of

10  the claim.

11         (c)1.  Notification of the organization's determination

12  of a "not clean" claim must be accompanied by a complete

13  itemized list of additional information or documents needed to

14  process the claim as a "clean claim." Failure to notify a

15  provider within 20 days of receipt of the claim creates an

16  uncontestable obligation to pay the claim.

17         2.  A provider must submit the additional information

18  or documentation, as specified on the complete itemized list,

19  within 15 days of receipt of the notification. Failure of a

20  provider to submit the additional information or documentation

21  requested within 15 days of receipt of the notification may

22  result in denial of the claim.

23         3.  Upon receipt of the requested additional

24  information by the organization, the organization must

25  determine if the claim is clean or not clean. A clean claim

26  must be paid, denied, or contested within 10 days of receipt

27  of the additional information.

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

29  of transmission of claims, notices, documents, and forms shall

30  be used to the greatest extent possible by the health

31  maintenance organization and the provider.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         (e)  A claim determined to be clean but contested must

  2  be paid or denied within 120 days of receipt of the claim.

  3  Failure to pay or deny a claim within 120 days of receipt of

  4  the claim creates an uncontestable obligation to pay the

  5  claim.

  6         (4)  For all nonelectronically submitted claims, a

  7  health maintenance organization shall:

  8         (a)  Provide acknowledgement of receipt of the claim

  9  within 15 days of receipt of the claim to the provider, or the

10  provider's designee.

11         (b)1.  Notify a provider if a claim is "not clean"

12  within 20 days of receipt.

13         2.  A claim determined to be clean during the initial

14  20 days after the organization's receipt of the claim must be

15  paid, denied, or contested within 55 days of the receipt of

16  the claim.

17         (c)1.  Notification of the organization's determination

18  of a "not clean" claim must be accompanied by a complete

19  itemized list of additional information or documents needed to

20  process the claim as a "clean claim." Failure to notify a

21  provider or a provider's designee within 40 days of receipt of

22  the claim that the claim is not clean or to provide a complete

23  itemized list of additional information or documents needed to

24  process the claim creates an uncontestable obligation to pay

25  the claim.

26         2.  A provider must submit the additional information

27  or documentation, as specified on the complete itemized list,

28  within 15 days of receipt of the notification. Failure of a

29  provider to submit the additional information or documentation

30  requested within 15 days of receipt of the notification may

31  result in the denial of the claim.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         3.  Upon receipt of the requested additional

  2  information by the organization, the organization must

  3  determine if the claim is clean or not clean. A clean claim

  4  must be paid, denied, or contested within 20 days of receipt

  5  of the additional information.

  6         (d)  A claim determined to be clean but contested must

  7  be paid or denied within 150 days of receipt of the claim.

  8  Failure to pay or deny a claim within 150 days of receipt of

  9  the claim creates an uncontestable obligation to pay the

10  claim.

11         (5)  Payment of a claim is considered made on the date

12  the payment was received or electronically transferred. An

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

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

15  for any portion of a clean claim begins to accrue on the 36th

16  day after the receipt of a clean electronic claim and on the

17  56th day after receipt of a clean nonelectronic claim. The

18  interest is payable with the payment of the claim.

19         (6)  If a health maintenance organization determines

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

21  rendered to a subscriber, the organization must make a claim

22  for such overpayment. A health maintenance organization that

23  makes a claim for overpayment to a provider under this section

24  shall give the provider a written or electronic statement

25  specifying the basis for the retroactive denial and

26  identifying the claim or claims, or portion thereof, which are

27  being retroactively denied.

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

29  retroactive review or audit of coverage decisions or payment

30  levels not related to fraud, an organization shall adhere to

31  the following procedures:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





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

  2  provider within 30 months after the organization's payment of

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

  4  maintenance organization's claim for overpayment.  All claims

  5  for overpayment which are not contested must be paid or denied

  6  within 45 days of the receipt of the claim. All contested

  7  claims for overpayment must be paid or denied within 120 days

  8  of receipt of the claim.

  9         2.  A provider must notify a health maintenance

10  organization that it will pay, deny, or contest a claim for

11  overpayment within 20 days of receipt of the overpayment

12  claim. The provider's notice of contestment must contain a

13  complete itemized list of requested information and documents.

14  Failure of a provider to pay, deny, or contest a claim within

15  the 20 days creates an uncontestable obligation of the

16  provider to pay the overpayment claim.

17         3.  A health maintenance organization must respond to a

18  provider's contestment of a claim or request for additional

19  information regarding the claim within 15 days. Failure of a

20  health maintenance organization to respond to a provider's

21  contestment of claim or request for additional information

22  regarding the claim within 15 days after receipt of such

23  notice creates an uncontestable denial of the claim.

24         4.  The health maintenance organization may not reduce

25  payment to the provider for other services unless the provider

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

27  health maintenance organization's claim as required by this

28  paragraph.

29         5.  Payment of an overpayment claim is considered made

30  on the date the payment was received or electronically

31  transferred. An overdue payment of a claim bears simple

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





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

  2  overdue payment for a noncontested overpayment payment of a

  3  claim begins on the 36th day after receipt of a claim of

  4  overpayment. Interest on an overdue payment of a contested

  5  overpayment of a claim begins on the 120th day after receipt

  6  of a claim for overpayment. 

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

  8  beyond 30 months after the organization's payment of a claim

  9  except that claims for overpayment may be sought beyond that

10  time from providers convicted of fraud pursuant to s. 817.234.

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

12  after October 1, 2002, an organization's internal dispute

13  resolution process related to a denied claim not under active

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

15  entity within 60 days, must be finalized within 60 days of the

16  receipt of the provider's request for review or appeal.

17         (b)  All claims to a health maintenance organization

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

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

20  result in a final decision on the claim by the organization by

21  January 2, 2003, for the purpose of the statewide provider and

22  managed care organization claim dispute resolution program

23  pursuant to s. 408.7057.

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

25  regardless of whether the provider is under contract with the

26  health maintenance organization, may not collect or attempt to

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

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

29  payment of covered services for which the organization

30  contested or denied the provider's claim for not being a clean

31  claim. The prohibition applies during the pendency of any

                                  26

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  claim for payment made by the provider to the organization for

  2  payment of the services or internal dispute resolution process

  3  to determine whether the claim is a clean claim and the

  4  organization is liable for the services. For an electronic

  5  claim, this pendency applies from the date the claim is

  6  determined to be "not clean" or denied, to the date of the

  7  completion of the organization's internal dispute resolution

  8  process, not to exceed 180 days.  For a nonelectronic claim,

  9  this pendency applies from the date the claim is determined to

10  be "not clean" or denied, to the date of the completion of the

11  organization's internal dispute resolution process, not to

12  exceed 210 days.

13         (9)  Any entity which contracts with a health

14  maintenance organization or its designee to furnish provider

15  services to a health maintenance organization's subscribers

16  shall comply with the provisions of this section. For the

17  purposes of regulation by the Department of Insurance, a

18  health maintenance organization shall be liable for those

19  entities' compliance, except for those providers or

20  provider-owned or provider-formed entities under contract with

21  an organization pursuant to s. 641.315.

22         (10)  This section does not preclude the health

23  maintenance organization and provider from agreeing to other

24  methods of submission and receipt of claims; however, time

25  frames specified herein shall not be extended.

26         (11)  A health maintenance organization may not

27  retroactively deny a claim because of subscriber ineligibility

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

29         (12)  A health maintenance organization shall pay a

30  contracted primary care or admitting physician, pursuant to

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  a contracted hospital to a subscriber, if such services are

  2  determined by the organization to be medically necessary and

  3  covered services under the organization's contract with the

  4  contract holder.

  5         (13)  A provider who has a provider contract with the

  6  health maintenance organization must include on the claim form

  7  the amount due according to the terms of the contract.

  8         (14)(a)  Without regard to any other remedy or relief

  9  to which a person is entitled, or obligated to under contract,

10  anyone aggrieved by a violation of this section may bring an

11  action to obtain a declaratory judgment that an act or

12  practice violates this section and to enjoin a person who has

13  violated, is violating, or is otherwise likely to violate this

14  section.

15         (b)  Except as provided in paragraph (d), in any action

16  brought by a person who has suffered a loss as a result of a

17  violation of this section, such person may recover any amounts

18  due the person under this section, including accrued interest,

19  plus attorney's fees and court costs as provided in paragraph

20  (c).

21         (c)  In any civil litigation resulting from either a

22  provider, or a health maintenance organization not receiving a

23  payment or repayment of monies due under this section where

24  the losing party is found not to have paid the prevailing

25  party in accordance with this section, the prevailing party,

26  after judgment in the trial court and after exhausting all

27  appeals, if any, shall receive his or her attorney's fees and

28  costs from the losing party; provided, however, that such fees

29  shall not exceed two times the amount in controversy or

30  $5,000, whichever is greater.

31         (d)  In any civil litigation brought by a person who

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  has suffered a loss as a result of a violation of this

  2  section, if the prevailing party can demonstrate that: 

  3         1.  The acts giving rise to a violation of this section

  4  occur with such frequency as to indicate a general business

  5  practice; and

  6         2.  The losing party has failed to exercise good faith

  7  in complying with this section, when, under the circumstances,

  8  it could and should have done so, had it acted fairly and

  9  honestly toward the prevailing party;

10

11  the prevailing party, after judgment in trial court and after

12  exhausting all appeals, if any, shall be entitled to recover

13  up to two times the amount due the person under this section

14  and his or her attorney's fees from the losing party.

15         (e)  The attorney for the prevailing party shall submit

16  a sworn affidavit of his or her time spent on the case and his

17  or her costs incurred for all the motions, hearings, and

18  appeals to the trial court.

19         (f)  Any award of attorney's fees or costs shall become

20  a part of the judgment and subject to execution as the law

21  allows.

22         Section 10.  Section 641.3156, Florida Statutes, is

23  amended to read:

24         641.3156  Treatment authorization; payment of claims.--

25         (1)  A health maintenance organization must pay any

26  hospital-service or referral-service claim for treatment for

27  an eligible subscriber which was authorized by a provider

28  empowered by contract with the health maintenance organization

29  to authorize or direct the patient's utilization of health

30  care services and which was also authorized in accordance with

31  the health maintenance organization's current and communicated

                                  29

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  procedures, unless the provider provided information to the

  2  health maintenance organization with the willful intention to

  3  misinform the health maintenance organization. For purposes of

  4  this section, "authorization" consists of any requirement of a

  5  provider to obtain prior approval or to provide documentation

  6  relating to the necessity of a covered medical treatment or

  7  service as a condition for reimbursement for the treatment or

  8  service prior to the treatment or service. Each authorization

  9  request from a provider must be assigned an identification

10  number by the health maintenance organization.

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

12  authorization, the health maintenance organization shall make

13  a determination within a reasonable time appropriate to

14  medical circumstance indicating whether the treatment or

15  services are authorized. For urgent care requests for which

16  the standard time frame for the health maintenance

17  organization to make a determination would seriously

18  jeopardize the life or health of a subscriber or would

19  jeopardize the subscriber's ability to regain maximum

20  function, a health maintenance organization must notify the

21  provider as to its determination as soon as possible taking

22  into account medical exigencies but not later than 72 hours

23  after receiving the request for authorization.

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

25  assigned an identification number. Each authorization provided

26  by a health maintenance organization must include the date of

27  request of authorization, the time frame of the authorization,

28  the identification number of the authorization, place of

29  service, type of service, and patient status.

30         (4)  Failure of an organization to respond to a request

31  for authorization within the specified time frames creates an

                                  30

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  uncontestable obligation to provide reimbursement for the

  2  requested treatment or service.

  3         (5)(2)  A claim for treatment may not be denied if a

  4  provider follows the health maintenance organization's

  5  authorization procedures and receives authorization for a

  6  covered service for an eligible subscriber, unless the

  7  provider provided information to the health maintenance

  8  organization with the willful intention to misinform the

  9  health maintenance organization.

10         (6)  A health maintenance organization's material

11  change in authorization procedures or requirements for

12  authorization for medical treatment or services must be

13  provided, at least 30 days in advance of the change, to all

14  contracted providers and to all noncontracted providers upon

15  request. A health maintenance organization that makes such

16  procedures accessible to providers and subscribers

17  electronically, at least 30 days in advance of the change,

18  shall be deemed to be in compliance with this section. An

19  organization shall send notice to a contracted provider

20  providing notice and an effective date of the material

21  changes.

22         (7)(3)  Emergency services are subject to the

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

24  of this section.

25         Section 11.  This act shall take effect october 1,

26  2002.

27

28

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

30  And the title is amended as follows:

31         On page 23, line 6, through page 25, line 3,

                                  31

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1  remove:  all of said lines

  2

  3  and insert:

  4                      A bill to be entitled

  5         An act relating to health insurance; amending

  6         s. 408.7057, F.S.; redefining "managed care

  7         organization"; including preferred provider

  8         organizations and health insurers in the claim

  9         dispute resolution program; specifying

10         timeframes for submission of supporting

11         documentation necessary for dispute resolution;

12         providing consequences for failure to comply;

13         directing the agency to notify appropriate

14         licensure and certification entities as part of

15         final orders; amending s. 627.613, F.S.;

16         revising time of payment of claims provisions

17         applicable to health insurers; providing

18         definitions; providing requirements and

19         procedures for payment, denial, or contestment

20         of claims; providing criteria and limitations;

21         requiring payment within specified periods;

22         revising rate of interest charged on overdue

23         payments; providing for electronic and

24         nonelectronic transmission of claims; providing

25         procedures for overpayment recovery; specifying

26         timeframes for adjudication of claims,

27         internally and externally; prohibiting action

28         to collect payment from an insured under

29         certain circumstances; providing applicability;

30         authorizing contractual modification of

31         provisions of law, with exception; specifying

                                  32

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         circumstances for retroactive claim denial;

  2         specifying claim payment requirements;

  3         providing for billing review procedures;

  4         specifying claim content; providing civil

  5         causes of action; providing for award of

  6         attorney's fees; creating s. 627.6135, F.S.;

  7         providing procedural requirements for

  8         determination and issuance of authorizations of

  9         services; providing a definition; specifying

10         circumstances for authorization timeframes;

11         specifying content for response to

12         authorization requests; providing for an

13         obligation for payment, with exception;

14         providing authorization procedure notice

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

16         correcting a cross reference, to conform;

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

18         application of certain additional provisions to

19         group, blanket, and franchise health insurance;

20         amending s. 641.234, F.S., relating to

21         administrative, provider and management

22         contracts; prohibits health maintenance

23         organization from transferring or assigning any

24         primary risk-taker duties and responsibilities

25         to any other entity; amending s. 641.30, F.S.;

26         conforming a cross reference; amending s.

27         641.3154, F.S.; modifying the circumstances

28         under which a provider knows that an

29         organization is liable for service

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

31         revising payment of claims provisions

                                  33

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         applicable to health maintenance organizations;

  2         providing definitions; requiring the Department

  3         of Insurance to adopt rules consistent with

  4         federal claim-filing standards; providing

  5         requirements and procedures for payment,

  6         denial, or contestment of claims; providing

  7         criteria and limitations; requiring payment

  8         within specified periods; revising rate of

  9         interest charged on overdue payments; providing

10         for electronic and nonelectronic transmission

11         of claims; providing procedures for overpayment

12         recovery; specifying timeframes for

13         adjudication of claims internally and

14         externally; prohibiting action to collect

15         payment from an insured under certain

16         circumstances; authorizing contractual

17         modification of provisions of law, with

18         exceptions; specifying circumstances for

19         retroactive claim denial; specifying claim

20         payment requirements; authorizing contractual

21         modification of provisions of law, with

22         exception; specifying circumstances for

23         retroactive claim denial; specifying claim

24         payment requirements; specifying claim content;

25         providing payment requirements; providing civil

26         causes of action; providing for award of

27         attorney's fees; amending s. 641.3156, F.S.;

28         providing procedural requirements for

29         determination and issuance of authorizations of

30         services; providing a definition; specifying

31         circumstances for authorization timeframes;

                                  34

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 293

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





  1         specifying content for response to

  2         authorization requests; providing for an

  3         obligation for payment, with exception;

  4         providing authorization procedure notice

  5         requirements; providing an effective date.

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  35

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