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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Saunders moved the following amendment:

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13         Senate Amendment 

14         On page 16, line 4, through

15            page 23, line 31, delete those lines

16

17  and insert:

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

19  for a noninstitutional provider means a paper or electronic

20  billing instrument submitted to the health maintenance

21  organization's designated location which consists of the HCFA

22  1500 data set, or its successor, having all mandatory entries

23  for a physician licensed under chapter 458, chapter 459,

24  chapter 460, or chapter 461 or other appropriate billing

25  instrument that has all mandatory entries for any other

26  noninstitutional provider. For institutional providers,

27  "claim" means a paper or electronic billing instrument

28  submitted to the insurer's designated location which consists

29  of the UB-92 data set, or its successor, having all mandatory

30  entries. claim submitted on a HCFA 1500 form which has no

31  defect or impropriety, including lack of required

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  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 considered not clean solely because

  5  a health maintenance organization refers the claim to a

  6  medical specialist within the health maintenance organization

  7  for examination. If additional substantiating documentation,

  8  such as the medical record or encounter data, is required from

  9  a source outside the health maintenance organization, the

10  claim is considered not clean. This definition of "clean

11  claim" is repealed on the effective date of rules adopted by

12  the department which define the term "clean claim."

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

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

15  claim is a properly and accurately completed paper or

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

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

18  National Uniform Billing Committee.

19         (c)  The department shall adopt rules to establish

20  claim forms consistent with federal claim-filing standards for

21  health maintenance organizations required by the federal

22  Health Care Financing Administration. The department may adopt

23  rules relating to coding standards consistent with Medicare

24  coding standards adopted by the federal Health Care Financing

25  Administration.

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

27  nonelectronic:

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

29  received by the organization at its designated claims receipt

30  location.

31         (b)  Must not duplicate a claim previously submitted

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  1  unless it is determined that the original claim was not

  2  received or is otherwise lost. (a)  A health maintenance

  3  organization shall pay any clean claim or any portion of a

  4  clean claim made by a contract provider for services or goods

  5  provided under a contract with the health maintenance

  6  organization or a clean claim made by a noncontract provider

  7  which the organization does not contest or deny within 35 days

  8  after receipt of the claim by the health maintenance

  9  organization which is mailed or electronically transferred by

10  the provider.

11         (b)  A health maintenance organization that denies or

12  contests a provider's claim or any portion of a claim shall

13  notify the provider, in writing, within 35 days after the

14  health maintenance organization receives the claim that the

15  claim is contested or denied. The notice that the claim is

16  denied or contested must identify the contested portion of the

17  claim and the specific reason for contesting or denying the

18  claim, and, if contested, must include a request for

19  additional information. If the provider submits additional

20  information, the provider must, within 35 days after receipt

21  of the request, mail or electronically transfer the

22  information to the health maintenance organization. The health

23  maintenance organization shall pay or deny the claim or

24  portion of the claim within 45 days after receipt of the

25  information.

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

27  maintenance organization shall, within 24 hours after the

28  beginning of the next business day after receipt of the claim,

29  provide electronic acknowledgement of the receipt of the claim

30  to the electronic source submitting the claim.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  1  maintenance organization shall, within 20 days after receipt

  2  of the claim, pay the claim or notify a provider if a claim is

  3  denied or contested. Notice of the organization's action on

  4  the claim and payment of the claim are considered to be made

  5  on the date the notice or payment is mailed or electronically

  6  transferred.

  7         (c)1.  Notification of the health maintenance

  8  organization's determination of a contested claim must be

  9  accompanied by an itemized list of additional information or

10  documents the organization can reasonably determine are

11  necessary to process the claim.

12         2.  A provider must submit the additional information

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

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

15  to submit by mail or electronically the additional information

16  or documentation requested within 35 days after receipt of the

17  notification may result in denial of the claim.

18         3.  A health maintenance organization may not make more

19  than one request for documents under this paragraph in

20  connection with a claim unless the provider fails to submit

21  all of the requested documents to process the claim or the

22  documents submitted by the provider raise new, additional

23  issues not included in the original written itemization, in

24  which case the organization may provide the provider with one

25  additional opportunity to submit the additional documents

26  needed to process the claim. In no case may the organization

27  request duplicate documents.

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

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

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

31  health maintenance organization and the provider.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





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

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

  3  within 120 days after receipt of the claim creates an

  4  uncontestable obligation to pay the claim. Payment of a claim

  5  is considered made on the date the payment was received or

  6  electronically transferred or otherwise delivered. An overdue

  7  payment of a claim bears simple interest at the rate of 10

  8  percent per year. Interest on an overdue payment for a clean

  9  claim or for any uncontested portion of a clean claim begins

10  to accrue on the 36th day after the claim has been received.

11  The interest is payable with the payment of the claim.

12         (4)(a)  For all nonelectronically submitted claims, a

13  health maintenance organization shall, effective November 1,

14  2003, provide to the provider acknowledgement of receipt of

15  the claim within 15 days after receipt of the claim or provide

16  the provider, within 15 days after receipt, with electronic

17  access to the status of a submitted claim.

18         (b)  For all nonelectronically submitted claims, a

19  health maintenance organization shall, within 40 days after

20  receipt of the claim, pay the claim or notify a provider if a

21  claim is denied or contested. Notice of the organization's

22  action on the claim and payment of the claim are considered to

23  be made on the date the notice or payment is mailed or

24  electronically transferred.

25         (c)1.  Notification of the health maintenance

26  organization's determination of a contested claim must be

27  accompanied by an itemized list of additional information or

28  documents the organization can reasonably determine are

29  necessary to process the claim.

30         2.  A provider must submit the additional information

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





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

  2  to submit by mail or electronically the additional information

  3  or documentation requested within 35 days after receipt of the

  4  notification may result in denial of the claim.

  5         3.  A health maintenance organization may not make more

  6  than one request for documents under this paragraph in

  7  connection with a claim unless the provider fails to submit

  8  all of the requested documents to process the claim or the

  9  documents submitted by the provider raise new, additional

10  issues not included in the original written itemization, in

11  which case the organization may provide the provider with one

12  additional opportunity to submit the additional documents

13  needed to process the claim. In no case may the health

14  maintenance organization request duplicate documents.

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

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

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

18  health maintenance organization and the provider.

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

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

21  within 140 days after receipt of the claim creates an

22  uncontestable obligation to pay the claim. A health

23  maintenance organization shall pay or deny any claim no later

24  than 120 days after receiving the claim. Failure to do so

25  creates an uncontestable obligation for the health maintenance

26  organization to pay the claim to the provider.

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

28  the payment is mailed or electronically transferred. An

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





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

  2  with the payment of the claim.

  3         (6)(a)(5)(a)  If, as a result of retroactive review of

  4  coverage decisions or payment levels, a health maintenance

  5  organization determines that it has made an overpayment to a

  6  provider for services rendered to a subscriber, the

  7  organization must make a claim for such overpayment. The

  8  organization may not reduce payment to that provider for other

  9  services unless the provider agrees to the reduction in

10  writing after receipt of the claim for overpayment from the

11  health maintenance organization or fails to respond to the

12  organization's claim as required in this subsection.

13         (b)  A provider shall pay a claim for an overpayment

14  made by a health maintenance organization which the provider

15  does not contest or deny within 35 days after receipt of the

16  claim that is mailed or electronically transferred to the

17  provider.

18         (c)  A provider that denies or contests an

19  organization's claim for overpayment or any portion of a claim

20  shall notify the organization, in writing, within 35 days

21  after the provider receives the claim that the claim for

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

23  for overpayment is denied or contested must identify the

24  contested portion of the claim and the specific reason for

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

26  include a request for additional information. If the

27  organization submits additional information, the organization

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

29  electronically transfer the information to the provider. The

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

31  days after receipt of the information.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  1         (d)  Payment of a claim for overpayment is considered

  2  made on the date payment was received or electronically

  3  transferred or otherwise delivered to the organization, or the

  4  date that the provider receives a payment from the

  5  organization that reduces or deducts the overpayment. An

  6  overdue payment of a claim bears simple interest at the rate

  7  of 12 10 percent a year. Interest on an overdue payment of a

  8  claim for overpayment or for any uncontested portion of a

  9  claim for overpayment begins to accrue on the 36th day after

10  the claim for overpayment has been received.

11         (e)  A provider shall pay or deny any claim for

12  overpayment no later than 120 days after receiving the claim.

13  Failure to do so creates an uncontestable obligation for the

14  provider to pay the claim to the organization.

15         (7)(6)  Any retroactive reductions of payments or

16  demands for refund of previous overpayments which are due to

17  retroactive review-of-coverage decisions or payment levels

18  must be reconciled to specific claims unless the parties agree

19  to other reconciliation methods and terms. Any retroactive

20  demands by providers for payment due to underpayments or

21  nonpayments for covered services must be reconciled to

22  specific claims unless the parties agree to other

23  reconciliation methods and terms. The look-back or

24  audit-review period shall not exceed 2 years after the date

25  the claim was paid by the health maintenance organization,

26  unless fraud in billing is involved. The look-back period may

27  be specified by the terms of the contract.

28         (8)(a)(7)(a)  A provider claim for payment shall be

29  considered received by the health maintenance organization, if

30  the claim has been electronically transmitted to the health

31  maintenance organization, when receipt is verified

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  1  electronically or, if the claim is mailed to the address

  2  disclosed by the organization, on the date indicated on the

  3  return receipt, or on the date the delivery receipt is signed

  4  by the health maintenance organization if the claim is hand

  5  delivered. A provider must wait 45 days following receipt of a

  6  claim before submitting a duplicate claim.

  7         (b)  A health maintenance organization claim for

  8  overpayment shall be considered received by a provider, if the

  9  claim has been electronically transmitted to the provider,

10  when receipt is verified electronically or, if the claim is

11  mailed to the address disclosed by the provider, on the date

12  indicated on the return receipt. An organization must wait 45

13  days following the provider's receipt of a claim for

14  overpayment before submitting a duplicate claim.

15         (c)  This section does not preclude the health

16  maintenance organization and provider from agreeing to other

17  methods of submission transmission and receipt of claims.

18         (9)(8)  A provider, or the provider's designee, who

19  bills electronically is entitled to electronic acknowledgment

20  of the receipt of a claim within 72 hours.

21         (10)(9)  A health maintenance organization may not

22  retroactively deny a claim because of subscriber ineligibility

23  if the provider can document receipt of subscriber eligibility

24  confirmation by the organization prior to the date or time

25  covered services were provided. Every health maintenance

26  organization contract with an employer shall include a

27  provision that requires the employer to notify the health

28  maintenance organization of changes in eligibility status

29  within 30 days more than 1 year after the date of payment of

30  the clean claim. Any person who knowingly misinforms a

31  provider prior to the receipt of services as to his or her

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  1  coverage eligibility commits insurance fraud punishable as

  2  provided in s. 817.50.

  3         (11)(10)  A health maintenance organization shall pay a

  4  contracted primary care or admitting physician, pursuant to

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

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

  7  determined by the organization to be medically necessary and

  8  covered services under the organization's contract with the

  9  contract holder.

10         (12)(a)  Without regard to any other remedy or relief

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

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

13  action to obtain a declaratory judgment that an act or

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

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

16  section.

17         (b)  In any action brought by a person who has suffered

18  a loss as a result of a violation of this section, such person

19  may recover any amounts due the person under this section,

20  including accrued interest, plus attorney's fees and court

21  costs as provided in paragraph (c).

22         (c)  In any civil litigation resulting from an act or

23  practice involving a violation of this section by a health

24  maintenance organization in which the organization is found to

25  have violated this section, the provider, after judgment in

26  the trial court and after exhausting all appeals, if any,

27  shall receive his or her attorney's fees and costs from the

28  organization; however, such fees shall not exceed three times

29  the amount in controversy or $5,000, whichever is greater. In

30  any such civil litigation, if the organization is found not to

31  have violated this section, the organization, after judgment

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





  1  in the trial court and exhaustion of all appeals, if any, may

  2  receive its reasonable attorney's fees and costs from the

  3  provider on any claim or defense that the court finds the

  4  provider knew or should have known was not supported by the

  5  material facts necessary to establish the claim or defense or

  6  would not be supported by the application of then-existing law

  7  as to those material facts.

  8         (d)  The attorney for the prevailing party shall submit

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

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

11  appeals to the trial judge who presided over the civil case.

12         (e)  Any award of attorney's fees or costs shall become

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

14  allows.

15         (13)  A health maintenance organization subscriber is

16  entitled to prompt payment from the organization whenever a

17  subscriber pays an out-of-network provider for a covered

18  service and then submits a claim to the organization. The

19  organization shall pay the claim within 35 days after receipt

20  or the organization shall advise the subscriber of what

21  additional information is required to adjudicate the claim.

22  After receipt of the additional information, the organization

23  shall pay the claim within 10 days. If the organization fails

24  to pay claims submitted by subscribers within the time periods

25  specified in this subsection, the organization shall pay the

26  subscriber interest on the unpaid claim at the rate of 12

27  percent per year. Failure to pay claims and interest, if

28  applicable, within the time periods specified in this

29  subsection is a violation of the insurance code and each

30  occurrence shall be considered a separate violation.

31         (14)  The provisions of this section may not be waived,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362

    Amendment No. ___   Barcode 421980





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