HOUSE AMENDMENT
    169-462AX-02                                   Bill No. HB 293
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  The Committee on Health Promotion offered the following:
12  
13         Amendment (with title amendment) 
14  Remove everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (a) of subsection (1), paragraph
18  (c) of subsection (2), and subsection (4) of section 408.7057,
19  Florida Statutes, are amended, and paragraphs (e) and (f) are
20  added to subsection (2) of said section, 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
30  627.
31         (2)
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    File original & 9 copies    01/17/02                          
    hbd0022                     09:56 am         00293-hp  -864531

HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 (c) Contracts entered into or renewed on or after 2 October 1, 2000, may require exhaustion of an internal 3 dispute-resolution process as a prerequisite to the submission 4 of a claim by a provider, or health maintenance organization, 5 or health insurer to the resolution organization when the 6 dispute-resolution program becomes effective. 7 (e) The resolution organization shall require the 8 managed care organization or provider submitting the claim 9 dispute to submit any supporting documentation to the 10 resolution organization within 15 days after receipt by the 11 managed care organization or provider of a request from the 12 resolution organization for documentation in support of the 13 claim dispute. Failure to submit the supporting documentation 14 within such time period shall result in the dismissal of the 15 submitted claim dispute. 16 (f) The resolution organization shall require the 17 respondent in the claim dispute to submit all documentation in 18 support of its position within 15 days after receiving a 19 request from the resolution organization for supporting 20 documentation. Failure to submit the supporting documentation 21 within such time period shall result in a default against the 22 managed care organization or provider. In the event of such a 23 default, the resolution organization shall issue its written 24 recommendation to the agency that a default be entered against 25 the defaulting entity. The written recommendation shall 26 include a recommendation to the agency that the defaulting 27 entity shall pay the entity submitting the claim dispute the 28 full amount of the claim dispute, plus all accrued interest. 29 (4) Within 30 days after receipt of the recommendation 30 of the resolution organization, the agency shall adopt the 31 recommendation as a final order. The agency may issue a final 2 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 order imposing fines or sanctions, including those contained 2 in s. 641.52. All fines collected under this subsection shall 3 be deposited into the Health Care Trust Fund. 4 Section 2. Section 627.613, Florida Statutes, is 5 amended to read: 6 627.613 Time of payment of claims.-- 7 (1) The contract shall include the following 8 provision: 9 10 "Time of Payment of Claims: After receiving written 11 proof of loss, the insurer will pay monthly all benefits then 12 due for (type of benefit). Benefits for any other loss covered 13 by this policy will be paid as soon as the insurer receives 14 proper written proof." 15 16 (2) Health insurers shall reimburse all claims or any 17 portion of any claim from an insured or an insured's 18 assignees, for payment under a health insurance policy, within 19 35 45 days after receipt of the claim by the health insurer. 20 If a claim or a portion of a claim is contested by the health 21 insurer, the insured or the insured's assignees shall be 22 notified, in writing, that the claim is contested or denied, 23 within 35 45 days after receipt of the claim by the health 24 insurer. The notice that a claim is contested shall identify 25 the contested portion of the claim, and the specific reasons 26 for contesting the claim, and written itemization of any 27 additional information or additional documents needed to 28 process the claim or the contested portion of the claim. A 29 health insurer may not make more than one request under this 30 subsection in connection with a claim unless the provider 31 fails to submit all of the requested information to process 3 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 the claim or if information submitted by the provider raises 2 new, additional issues not included in the original written 3 itemization, in which case the health insurer may provide the 4 health care provider with one additional opportunity to submit 5 the additional information needed to process the claim. In no 6 case may the health insurer request duplicate information. 7 (3) A health insurer, upon receipt of the additional 8 information requested from the insured or the insured's 9 assignees shall pay or deny the contested claim or portion of 10 the contested claim, within 35 60 days. 11 (4) A health An insurer shall pay or deny any claim no 12 later than 120 days after receiving the claim. Failure to do 13 so creates an uncontestable obligation for the health insurer 14 to pay the claim to the provider. 15 (5) Payment of a claim is considered shall be treated 16 as being made on the date the payment was electronically 17 transferred or otherwise delivered a draft or other valid 18 instrument which is equivalent to payment was placed in the 19 United States mail in a properly addressed, postpaid envelope 20 or, if not so posted, on the date of delivery. 21 (6) All overdue payments shall bear simple interest at 22 the rate of 12 10 percent per year. Interest on a late payment 23 of a claim or uncontested portion of a claim begins to accrue 24 on the 36th day after the claim has been received. Interest 25 due is payable with the payment of the claim. 26 (7) Upon written notification by an insured, an 27 insurer shall investigate any claim of improper billing by a 28 physician, hospital, or other health care provider. The 29 insurer shall determine if the insured was properly billed for 30 only those procedures and services that the insured actually 31 received. If the insurer determines that the insured has been 4 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 improperly billed, the insurer shall notify the insured and 2 the provider of its findings and shall reduce the amount of 3 payment to the provider by the amount determined to be 4 improperly billed. If a reduction is made due to such 5 notification by the insured, the insurer shall pay to the 6 insured 20 percent of the amount of the reduction up to $500. 7 (8) A provider claim for payment shall be considered 8 received by the health insurer, if the claim has been 9 electronically transmitted to the health insurer, when receipt 10 is verified electronically or, if the claim is mailed to the 11 address disclosed by the organization, on the date indicated 12 on the return receipt. A provider must wait 35 days following 13 receipt of a claim before submitting a duplicate claim. 14 (9)(a) If, as a result of retroactive review of 15 coverage decisions or payment levels, a health insurer 16 determines that it has made an overpayment to a provider for 17 services rendered to an insured, the health insurer must make 18 a claim for such overpayment. The health insurer may not 19 reduce payment to that provider for other services unless the 20 provider agrees to the reduction or fails to respond to the 21 health insurer's claim as required in this subsection. 22 (b) A provider shall pay a claim for an overpayment 23 made by a health insurer that the provider does not contest or 24 deny within 35 days after receipt of the claim that is mailed 25 or electronically transferred to the provider. 26 (c) A provider that denies or contests a health 27 insurer's claim for overpayment or any portion of a claim 28 shall notify the health insurer, in writing, within 35 days 29 after the provider receives the claim that the claim for 30 overpayment is contested or denied. The notice that the claim 31 for overpayment is contested or denied must identify the 5 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 contested portion of the claim and the specific reason for 2 contesting or denying the claim, and, if contested, must 3 include a request for additional information. The provider 4 shall pay or deny the claim for overpayment within 35 days 5 after receipt of the information. 6 (d) Payment of a claim for overpayment is considered 7 made on the date payment was electronically transferred or 8 otherwise delivered to the organization or on the date that 9 the provider receives a payment from the organization that 10 reduces or deducts the overpayment. An overdue payment of a 11 claim bears simple interest at the rate of 12 percent per 12 year. Interest on an overdue payment of a claim for 13 overpayment or for any uncontested portion of a claim for 14 overpayment begins to accrue on the 36th day after the claim 15 for overpayment has been received. 16 (e) A provider shall pay or deny any claim for 17 overpayment no later than 120 days after receiving the claim. 18 Failure to do so creates an uncontestable obligation for the 19 provider to pay the claim to the organization. 20 (f) A health insurer's claim for overpayment shall be 21 considered received by a provider, if the claim has been 22 electronically transmitted to the provider, when receipt is 23 verified electronically, or, if the claim is mailed to the 24 address disclosed by the provider, on the date indicated on 25 the return receipt. A health insurer must wait 35 days 26 following the provider's receipt of a claim for overpayment 27 before submitting a duplicate claim. 28 (10) Any retroactive reductions of payments or demands 29 for refund of previous overpayments that are due to 30 retroactive review of coverage decisions or payment levels 31 must be reconciled to specific claims. Any retroactive demands 6 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 by providers for payment due to underpayments or nonpayments 2 for covered services must be reconciled to specific claims. 3 The look-back or audit review period may not exceed 1 year 4 after the date the claim was received by the health insurer. 5 (11) A health insurer may not deny a claim because of 6 subscriber ineligibility if the provider can document receipt 7 of subscriber eligibility confirmation by the health insurer 8 prior to the date or time covered services were provided. Any 9 person who knowingly and willfully misinforms a provider prior 10 to receipt of services as to his or her coverage eligibility 11 commits insurance fraud, punishable as provided in s. 817.50. 12 (12) The provisions of this section may not be waived, 13 voided, or nullified by contracts. 14 (13) Effective October 1, 2003, the provisions of this 15 section are applicable only to claims submitted 16 electronically. 17 Section 3. Section 627.6142, Florida Statutes, is 18 created to read: 19 627.6142 Treatment authorization; payment of claims.-- 20 (1) For purposes of this section, "authorization" 21 includes any requirement of a provider to notify an insurer in 22 advance of providing a covered service, regardless of whether 23 the actual terminology used by the insurer includes, but is 24 not limited to, preauthorization, precertification, 25 notification, or any other similar terminology. 26 (2) A health insurer that requires authorization for 27 medical care or health care services shall provide to each 28 provider with whom the health insurer has contracted pursuant 29 to s. 627.6471 or s. 627.6472 a list of the medical care and 30 health care services that require authorization and the 31 authorization procedures used by the health insurer at the 7 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 time a contract becomes effective. A health insurer that 2 requires authorization for medical care or health care 3 services shall provide to all other providers, not later than 4 10 working days after a request is made, a list of the medical 5 care and health care services that require authorization and 6 the authorization procedures established by the insurer. The 7 medical care or health care services that require 8 authorization and the authorization procedures used by the 9 insurer shall not be modified unless written notice is 10 provided at least 30 days in advance of any material changes 11 to all affected insureds as well as to all contracted 12 providers and all other providers that had previously 13 requested in writing a list of medical care or health care 14 services that require authorization. An insurer that makes 15 such list and procedures accessible to providers and insureds 16 electronically shall be deemed to be in compliance with this 17 subsection. 18 (3) Any claim for a covered service that does not 19 require authorization that is ordered by a contracted 20 physician and entered on the medical record may not be denied. 21 If the health insurer determines that an overpayment has been 22 made, then a claim for overpayment should be submitted to the 23 provider pursuant to s. 627.613. 24 (4)(a) Any claim for treatment may not be denied if a 25 provider follows the health insurer's published authorization 26 procedures and receives authorization, unless the provider 27 submits information to the health insurer with the willful 28 intention to misinform the health insurer. 29 (b) Upon receipt of a request from a provider for 30 authorization, the health insurer shall issue a written 31 determination indicating whether the service or services are 8 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 authorized. If the request for an authorization is for an 2 inpatient admission, the determination shall be transmitted to 3 the provider making the request in writing no later than 24 4 hours after the request is made by the provider. If the health 5 insurer denies the request for authorization, the health 6 insurer shall notify the insured at the same time the insurer 7 notifies the provider requesting the authorization. A health 8 insurer that fails to respond to a request for an 9 authorization pursuant to this paragraph within 24 hours is 10 considered to have authorized the inpatient admission and 11 payment shall not be denied. 12 (5) If the proposed medical care or health care 13 service or services involve an inpatient admission and the 14 health insurer requires an authorization as a condition of 15 payment, the health insurer shall review and issue a written 16 or electronic authorization for the total estimated length of 17 stay for the admission, based on the recommendation of the 18 patient's physician. If the proposed medical care or health 19 care service or services are to be provided to an insured who 20 is an inpatient in a health care facility and authorization is 21 required, the health insurer shall issue a written 22 determination indicating whether the proposed services are 23 authorized or denied no later than 4 hours after the request 24 is made by the provider. A health insurer who fails to respond 25 to such request within 4 hours is considered to have 26 authorized the requested medical care or health care service 27 and payment shall not be denied. 28 (6) Emergency services and care are subject to the 29 provisions of s. 641.513 and are not subject to the provisions 30 of this section, including any inpatient admission required in 31 order to stabilize the patient pursuant to federal and state 9 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 law. 2 (7) The provisions of this section may not be waived, 3 voided, or nullified by contract. 4 (8) The provisions of this section apply to contracts 5 entered into pursuant to ss. 627.6471 and 627.6472. 6 Section 4. Subsection (4) of section 627.651, Florida 7 Statutes, is amended to read: 8 627.651 Group contracts and plans of self-insurance 9 must meet group requirements.-- 10 (4) This section does not apply to any plan which is 11 established or maintained by an individual employer in 12 accordance with the Employee Retirement Income Security Act of 13 1974, Pub. L. No. 93-406, or to a multiple-employer welfare 14 arrangement as defined in s. 624.437(1), except that a 15 multiple-employer welfare arrangement shall comply with ss. 16 627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612, 17 627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(6). 18 This subsection does not allow an authorized insurer to issue 19 a group health insurance policy or certificate which does not 20 comply with this part. 21 Section 5. Section 627.662, Florida Statutes, is 22 amended to read: 23 627.662 Other provisions applicable.--The following 24 provisions apply to group health insurance, blanket health 25 insurance, and franchise health insurance: 26 (1) Section 627.569, relating to use of dividends, 27 refunds, rate reductions, commissions, and service fees. 28 (2) Section 627.602(1)(f) and (2), relating to 29 identification numbers and statement of deductible provisions. 30 (3) Section 627.635, relating to excess insurance. 31 (4) Section 627.638, relating to direct payment for 10 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 hospital or medical services. 2 (5) Section 627.640, relating to filing and 3 classification of rates. 4 (6) Section 627.614, relating to payment of claims. 5 (7) Section 627.6142, relating to treatment 6 authorizations. 7 (8)(6) Section 627.645(1), relating to denial of 8 claims. 9 (9)(7) Section 627.613, relating to time of payment of 10 claims. 11 (10)(8) Section 627.6471, relating to preferred 12 provider organizations. 13 (11)(9) Section 627.6472, relating to exclusive 14 provider organizations. 15 (12)(10) Section 627.6473, relating to combined 16 preferred provider and exclusive provider policies. 17 (13)(11) Section 627.6474, relating to provider 18 contracts. 19 Section 6. Paragraph (e) of subsection (1) of section 20 641.185, Florida Statutes, is amended, and paragraph (m) is 21 added to said subsection, to read: 22 641.185 Health maintenance organization subscriber 23 protections.-- 24 (1) With respect to the provisions of this part and 25 part III, the principles expressed in the following statements 26 shall serve as standards to be followed by the Department of 27 Insurance and the Agency for Health Care Administration in 28 exercising their powers and duties, in exercising 29 administrative discretion, in administrative interpretations 30 of the law, in enforcing its provisions, and in adopting 31 rules: 11 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 (e) A health maintenance organization subscriber 2 should receive timely, concise information regarding the 3 health maintenance organization's reimbursement to providers 4 and services pursuant to ss. 641.31 and 641.31015 and is 5 entitled to prompt payment from the organization when 6 appropriate pursuant to s. 641.3155. 7 (m)1. A health maintenance organization shall 8 reimburse any claim or portion of any claim from a subscriber 9 or a subscriber's assignee for payment under a health 10 maintenance organization subscriber contract within 35 days 11 after receipt of the claim by the organization. The notice 12 that a claim is contested shall identify the contested portion 13 of the claim, the specific reasons for contesting the claim, 14 and written itemization of any additional information or 15 additional documents needed to process the claim or the 16 contested portion of the claim. 17 2. A health maintenance organization, upon receipt of 18 the additional information requested from the subscriber or 19 the subscriber's assignee, shall pay or deny the contested 20 claim or portion of the contested claim within 35 days. 21 3. A health maintenance organization shall pay or deny 22 any claim no later than 120 days after receiving the claim. 23 Failure to do so creates an incontestable obligation of the 24 health maintenance organization to pay the claim to the 25 provider. 26 4. Payment of a claim is considered made on the date 27 the payment was electronically transferred or otherwise 28 delivered. 29 5. All overdue payments shall bear simple interest at 30 the rate of 12 percent per year. Interest on a late payment of 31 a claim or uncontested portion of a claim begins to accrue on 12 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 the 36th day after the claim has been received. Interest due 2 is payable with the payment of the claim. 3 Section 7. Subsection (1) of section 641.30, Florida 4 Statutes, is amended to read: 5 641.30 Construction and relationship to other laws.-- 6 (1) Every health maintenance organization shall accept 7 the standard health claim form prescribed pursuant to s. 8 641.3155 627.647. 9 Section 8. Section 641.3155, Florida Statutes, is 10 amended to read: 11 641.3155 Payment of claims.-- 12 (1)(a) As used in this section, the term "clean claim" 13 for a noninstitutional provider means a paper or electronic 14 billing instrument that consists of the HCFA 1500 data set 15 that has all mandatory entries for a physician licensed under 16 chapter 458, chapter 459, chapter 460, or chapter 461 or other 17 appropriate form for any other noninstitutional provider, or 18 its successor. For institutional providers, "claim" means a 19 paper or electronic billing instrument that consists of the 20 UB-92 data set or its successor that has all mandatory entries 21 claim submitted on a HCFA 1500 form which has no defect or 22 impropriety, including lack of required substantiating 23 documentation for noncontracted providers and suppliers, or 24 particular circumstances requiring special treatment which 25 prevent timely payment from being made on the claim. A claim 26 may not be considered not clean solely because a health 27 maintenance organization refers the claim to a medical 28 specialist within the health maintenance organization for 29 examination. If additional substantiating documentation, such 30 as the medical record or encounter data, is required from a 31 source outside the health maintenance organization, the claim 13 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 is considered not clean. This definition of "clean claim" is 2 repealed on the effective date of rules adopted by the 3 department which define the term "clean claim." 4 (b) Absent a written definition that is agreed upon 5 through contract, the term "clean claim" for an institutional 6 claim is a properly and accurately completed paper or 7 electronic billing instrument that consists of the UB-92 data 8 set or its successor with entries stated as mandatory by the 9 National Uniform Billing Committee. 10 (c) The department shall adopt rules to establish 11 claim forms consistent with federal claim-filing standards for 12 health maintenance organizations required by the federal 13 Health Care Financing Administration. The department may adopt 14 rules relating to coding standards consistent with Medicare 15 coding standards adopted by the federal Health Care Financing 16 Administration. 17 (2)(a) A health maintenance organization shall pay any 18 clean claim or any portion of a clean claim made by a contract 19 provider for services or goods provided under a contract with 20 the health maintenance organization or a clean claim made by a 21 noncontract provider which the organization does not contest 22 or deny within 35 days after receipt of the claim by the 23 health maintenance organization which is mailed or 24 electronically submitted transferred by the provider. 25 (b) A health maintenance organization that denies or 26 contests a provider's claim or any portion of a claim shall 27 notify the provider, in writing, within 35 days after the 28 health maintenance organization receives the claim that the 29 claim is contested or denied. The notice that the claim is 30 denied or contested must identify the contested portion of the 31 claim and the specific reason for contesting or denying the 14 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 claim, and, if contested, must give the provider a written 2 itemization of any include a request for additional 3 information or additional documents needed to process the 4 claim or any portion of the claim that is not being paid. If 5 the provider submits additional information, the provider 6 must, within 35 days after receipt of the request, mail or 7 electronically transfer the information to the health 8 maintenance organization. The health maintenance organization 9 shall pay or deny the claim or portion of the claim within 35 10 45 days after receipt of the information. A health maintenance 11 organization may not make more than one request under this 12 paragraph in connection with a claim, unless the provider 13 fails to submit all of the requested information to process 14 the claim or if information submitted by the provider raises 15 new, additional issues not included in the original written 16 itemization, in which case the health maintenance organization 17 may provide the health care provider with one additional 18 opportunity to submit the additional information needed to 19 process the claim. In no case may the health insurer request 20 duplicate information. 21 (c) A health maintenance organization shall not deny 22 or withhold payment on a claim because the insured has not 23 paid a required deductible or copayment. 24 (3) Payment of a claim is considered made on the date 25 the payment was received or electronically transferred or 26 otherwise delivered. An overdue payment of a claim bears 27 simple interest at the rate of 12 10 percent per year. 28 Interest on an overdue payment for a clean claim or for any 29 uncontested portion of a clean claim begins to accrue on the 30 36th day after the claim has been received. The interest is 31 payable with the payment of the claim. 15 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 (4) A health maintenance organization shall pay or 2 deny any claim no later than 120 days after receiving the 3 claim. Failure to do so creates an uncontestable obligation 4 for the health maintenance organization to pay the claim to 5 the provider. 6 (5)(a) If, as a result of retroactive review of 7 coverage decisions or payment levels, a health maintenance 8 organization determines that it has made an overpayment to a 9 provider for services rendered to a subscriber, the 10 organization must make a claim for such overpayment. The 11 organization may not reduce payment to that provider for other 12 services unless the provider agrees to the reduction in 13 writing after receipt of the claim for overpayment from the 14 health maintenance organization or fails to respond to the 15 organization's claim as required in this subsection. 16 (b) A provider shall pay a claim for an overpayment 17 made by a health maintenance organization which the provider 18 does not contest or deny within 35 days after receipt of the 19 claim that is mailed or electronically transferred to the 20 provider, or within 35 days after receipt of the claim that is 21 submitted to the provider. 22 (c) A provider that denies or contests an 23 organization's claim for overpayment or any portion of a claim 24 shall notify the organization, in writing, within 35 days 25 after the provider receives the claim that the claim for 26 overpayment is contested or denied. The notice that the claim 27 for overpayment is denied or contested must identify the 28 contested portion of the claim and the specific reason for 29 contesting or denying the claim, and, if contested, must 30 include a request for additional information. If the 31 organization submits additional information, the organization 16 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 must, within 35 days after receipt of the request, mail or 2 electronically transfer the information to the provider. The 3 provider shall pay or deny the claim for overpayment within 45 4 days after receipt of the information. 5 (d) Payment of a claim for overpayment is considered 6 made on the date payment was received or electronically 7 transferred or otherwise delivered to the organization, or the 8 date that the provider receives a payment from the 9 organization that reduces or deducts the overpayment. An 10 overdue payment of a claim bears simple interest at the rate 11 of 12 10 percent a year. Interest on an overdue payment of a 12 claim for overpayment or for any uncontested portion of a 13 claim for overpayment begins to accrue on the 36th day after 14 the claim for overpayment has been received. 15 (e) A provider shall pay or deny any claim for 16 overpayment no later than 120 days after receiving the claim. 17 Failure to do so creates an uncontestable obligation for the 18 provider to pay the claim to the organization. 19 (6) Any retroactive reductions of payments or demands 20 for refund of previous overpayments which are due to 21 retroactive review-of-coverage decisions or payment levels 22 must be reconciled to specific claims unless the parties agree 23 to other reconciliation methods and terms. Any retroactive 24 demands by providers for payment due to underpayments or 25 nonpayments for covered services must be reconciled to 26 specific claims unless the parties agree to other 27 reconciliation methods and terms. The look-back or audit 28 review period shall not exceed 1 year after the date the claim 29 was received by the health maintenance organization may be 30 specified by the terms of the contract. 31 (7)(a) A provider claim for payment shall be 17 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 considered received by the health maintenance organization, if 2 the claim has been electronically transmitted to the health 3 maintenance organization, when receipt is verified 4 electronically or, if the claim is mailed to the address 5 disclosed by the organization, on the date indicated on the 6 return receipt. A provider must wait 45 days following receipt 7 of a claim before submitting a duplicate claim. 8 (b) A health maintenance organization claim for 9 overpayment shall be considered received by a provider, if the 10 claim has been electronically transmitted to the provider, 11 when receipt is verified electronically or, if the claim is 12 mailed to the address disclosed by the provider, on the date 13 indicated on the return receipt. An organization must wait 45 14 days following the provider's receipt of a claim for 15 overpayment before submitting a duplicate claim. 16 (c) This section does not preclude the health 17 maintenance organization and provider from agreeing to other 18 methods of submission transmission and receipt of claims. 19 (8) A provider, or the provider's designee, who bills 20 electronically is entitled to electronic acknowledgment of the 21 receipt of a claim within 72 hours. 22 (9) A health maintenance organization may not 23 retroactively deny a claim because of subscriber ineligibility 24 if the provider can document receipt of subscriber eligibility 25 confirmation by the organization prior to the date or time 26 covered services were provided. Every health maintenance 27 organization contract with an employer shall include a 28 provision that requires the employer to notify the health 29 maintenance organization of changes in eligibility status 30 within 30 days more than 1 year after the date of payment of 31 the clean claim. Any person who knowingly misinforms a 18 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 provider prior to the receipt of services as to his or her 2 coverage eligibility commits insurance fraud punishable as 3 provided in s. 817.50. 4 (10) A health maintenance organization shall pay a 5 contracted primary care or admitting physician, pursuant to 6 such physician's contract, for providing inpatient services in 7 a contracted hospital to a subscriber, if such services are 8 determined by the organization to be medically necessary and 9 covered services under the organization's contract with the 10 contract holder. 11 (11) A health maintenance organization subscriber is 12 entitled to prompt payment from the organization whenever a 13 subscriber pays an out-of-network provider for a covered 14 service and then submits a claim to the organization. The 15 organization shall pay the claim within 35 days after receipt 16 or the organization shall advise the subscriber of what 17 additional information is required to adjudicate the claim. 18 After receipt of the additional information, the organization 19 shall pay the claim within 10 days. If the organization fails 20 to pay claims submitted by subscribers within the time periods 21 specified in this subsection, the organization shall pay the 22 subscriber interest on the unpaid claim at the rate of 18 23 percent per year. Failure to pay claims and interest, if 24 applicable, within the time periods specified in this 25 subsection is a violation of the insurance code and each 26 occurrence shall be considered a separate violation. 27 (12) The provisions of this section may not be waived, 28 voided, or nullified by contract. 29 Section 9. Section 641.3156, Florida Statutes, is 30 amended to read: 31 641.3156 Treatment authorization; payment of claims.-- 19 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 (1) For purposes of this section, "authorization" 2 includes any requirement of a provider to notify a health 3 maintenance organization in advance of providing a covered 4 service, regardless of whether the actual terminology used by 5 the organization includes, but is not limited to, 6 preauthorization, precertification, notification, or any other 7 similar terminology. 8 (2) A health maintenance organization that requires 9 authorization for medical care and health care services shall 10 provide to each contracted provider at the time a contract is 11 signed a list of the medical care and health care services 12 that require authorization and the authorization procedures 13 used by the organization. A health maintenance organization 14 that requires authorization for medical care and health care 15 services shall provide to each noncontracted provider, not 16 later than 10 working days after a request is made, a list of 17 the medical care and health care services that require 18 authorization and the authorization procedures used by the 19 organization. The list of medical care or health care services 20 that require authorization and the authorization procedures 21 used by the organization shall not be modified unless written 22 notice is provided at least 30 days in advance of any material 23 changes to all subscribers, contracted providers, and 24 noncontracted providers who had previously requested a list of 25 medical care or health care services that require 26 authorization. An organization that makes such list and 27 procedures accessible to providers and subscribers 28 electronically shall be deemed to be in compliance with this 29 section. 30 (3) Any claim for a covered service that does not 31 require an authorization that is ordered by a contracted 20 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 physician may not be denied. If an organization determines 2 that an overpayment has been made, then a claim for 3 overpayment should be submitted pursuant to s. 641.3155. A 4 health maintenance organization must pay any hospital-service 5 or referral-service claim for treatment for an eligible 6 subscriber which was authorized by a provider empowered by 7 contract with the health maintenance organization to authorize 8 or direct the patient's utilization of health care services 9 and which was also authorized in accordance with the health 10 maintenance organization's current and communicated 11 procedures, unless the provider provided information to the 12 health maintenance organization with the willful intention to 13 misinform the health maintenance organization. 14 (4)(a)(2) A claim for treatment may not be denied if a 15 provider follows the health maintenance organization's 16 authorization procedures and receives authorization for a 17 covered service for an eligible subscriber, unless the 18 provider provided information to the health maintenance 19 organization with the willful intention to misinform the 20 health maintenance organization. 21 (b) On receipt of a request from a provider for 22 authorization pursuant to this section, the health maintenance 23 organization shall issue a written determination indicating 24 whether the service or services are authorized. If the request 25 for an authorization is for an inpatient admission, the 26 determination must be transmitted to the provider making the 27 request in writing no later than 24 hours after the request is 28 made by the provider. If the organization denies the request 29 for an authorization, the health maintenance organization must 30 notify the subscriber at the same time when notifying the 31 provider requesting the authorization. A health maintenance 21 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 organization that fails to respond to a request for an 2 authorization from a provider pursuant to this paragraph is 3 considered to have authorized the inpatient admission within 4 24 hours and payment may not be denied. 5 (5) If the proposed medical care or health care 6 service or services involve an inpatient admission and the 7 health maintenance organization requires authorization as a 8 condition of payment, the health maintenance organization 9 shall issue a written or electronic authorization for the 10 total estimated length of stay for the admission. If the 11 proposed medical care or health care service or services are 12 to be provided to a patient who is an inpatient in a health 13 care facility at the time the services are proposed and the 14 medical care or health care service requires an authorization, 15 the health maintenance organization shall issue a 16 determination indicating whether the proposed services are 17 authorized no later than 4 hours after the request by the 18 health care provider. A health maintenance organization that 19 fails to respond to such request within 4 hours is considered 20 to have authorized the requested medical care or health care 21 service and payment may not be denied. 22 (6)(3) Emergency services are subject to the 23 provisions of s. 641.513 and are not subject to the provisions 24 of this section, including any inpatient admission required in 25 order to stabilize the patient pursuant to federal and state 26 law. 27 (7) The provisions of this section may not be waived, 28 voided, or nullified by contract. 29 Section 10. This act shall take effect October 1, 30 2002. 31 22 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 remove: the entire title 4 5 and insert: 6 A bill to be entitled 7 An act relating to health insurance; amending 8 s. 408.7057, F.S.; redefining "managed care 9 organization"; including health insurers in the 10 claim dispute resolution program; specifying 11 timeframes for submission of supporting 12 documentation necessary for dispute resolution; 13 providing consequences for failure to comply; 14 authorizing the agency to impose fines and 15 sanctions as part of final orders; amending s. 16 627.613, F.S.; revising time of payment of 17 claims provisions; providing requirements and 18 procedures for payment or denial of claims; 19 providing criteria and limitations; revising 20 rate of interest charged on overdue payments; 21 providing for electronic transmission of 22 claims; providing a penalty; prohibiting 23 contractual modification of provisions of law; 24 limiting application to claims submitted 25 electronically; creating s. 627.6142, F.S.; 26 providing a definition; requiring health 27 insurers to provide lists of medical care and 28 health care services that require 29 authorization; prohibiting denial of certain 30 claims; providing procedural requirements for 31 determination and issuance of authorizations of 23 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 services; amending s. 627.651, F.S.; correcting 2 a cross reference, to conform; amending s. 3 627.662, F.S.; specifying application of 4 certain additional provisions to group, 5 blanket, and franchise health insurance; 6 amending s. 641.185, F.S.; entitling health 7 maintenance organization subscribers to prompt 8 payment when appropriate; conforming time of 9 payment provisions; amending s. 641.30, F.S.; 10 conforming a cross reference; amending s. 11 641.3155, F.S.; providing a definition; 12 deleting provisions that require the Department 13 of Insurance to adopt rules consistent with 14 federal claim-filing standards; providing 15 requirements and procedures for payment of 16 claims; requiring payment within specified 17 periods; revising rate of interest charged on 18 overdue payments; requiring employers to 19 provide notice of changes in eligibility status 20 within a specified time period; providing a 21 penalty; entitling health maintenance 22 organization subscribers to prompt payment by 23 the organization for covered services by an 24 out-of-network provider; requiring payment 25 within specified periods; providing payment 26 procedures; providing penalties; amending s. 27 641.3156, F.S.; providing a definition; 28 requiring health maintenance organizations to 29 provide lists of medical care and health care 30 services that require authorization; 31 prohibiting denial of certain claims; providing 24 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531
HOUSE AMENDMENT 169-462AX-02 Bill No. HB 293 Amendment No. ___ (for drafter's use only) 1 procedural requirements for determination and 2 issuance of authorizations of services; 3 providing an effective date. 4 5 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 25 File original & 9 copies 01/17/02 hbd0022 09:56 am 00293-hp -864531