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



                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Wishner offered the following:

12

13         Amendment to Amendment (645115) (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 that 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, or a major medical expense health insurance

29  policy as defined in s. 627.643(2)(e) offered by a group or an

30  individual health insurer licensed under chapter 624,

31  including a preferred provider policy under s. 627.6471 and an

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  exclusive provider organization under s. 627.6472.

  2         (2)

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

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

  5  dispute-resolution process as a prerequisite to the submission

  6  of a claim by a provider, or health maintenance organization,

  7  or health insurer to the resolution organization when the

  8  dispute-resolution program becomes effective.

  9         (e)  The resolution organization shall require the

10  managed care organization or provider submitting the claim

11  dispute to submit any supporting documentation to the

12  resolution organization within 15 days after receipt by the

13  managed care organization or provider of a request from the

14  resolution organization for documentation in support of the

15  claim dispute. Failure to submit the supporting documentation

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

17  submitted claim dispute.

18         (f)  The resolution organization shall require the

19  respondent in the claim dispute to submit all documentation in

20  support of its position within 15 days after receiving a

21  request from the resolution organization for supporting

22  documentation. Failure to submit the supporting documentation

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

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

25  default, the resolution organization shall issue its written

26  recommendation to the agency that a default be entered against

27  the defaulting entity. The written recommendation shall

28  include a recommendation to the agency that the defaulting

29  entity shall pay the entity submitting the claim dispute the

30  full amount of the claim dispute, plus all accrued interest.

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

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  of the resolution organization, the agency shall adopt the

  2  recommendation as a final order. The agency may issue a final

  3  order imposing fines or sanctions, including those contained

  4  in s. 641.52. All fines collected under this subsection shall

  5  be deposited into the Health Care Trust Fund.

  6         Section 2.  Subsection (1) of section 626.88, Florida

  7  Statutes, is amended to read:

  8         626.88  Definitions of "administrator" and "insurer".--

  9         (1)  For the purposes of this part, an "administrator"

10  is any person who directly or indirectly solicits or effects

11  coverage of, collects charges or premiums from, or adjusts or

12  settles claims on residents of this state in connection with

13  authorized commercial self-insurance funds or with insured or

14  self-insured programs which provide life or health insurance

15  coverage or coverage of any other expenses described in s.

16  624.33(1) or any person who provides billing and collection

17  services to health insurers and health maintenance

18  organizations on behalf of health care providers, other than

19  any of the following persons:

20         (a)  An employer on behalf of such employer's employees

21  or the employees of one or more subsidiary or affiliated

22  corporations of such employer.

23         (b)  A union on behalf of its members.

24         (c)  An insurance company which is either authorized to

25  transact insurance in this state or is acting as an insurer

26  with respect to a policy lawfully issued and delivered by such

27  company in and pursuant to the laws of a state in which the

28  insurer was authorized to transact an insurance business.

29         (d)  A health care services plan, health maintenance

30  organization, professional service plan corporation, or person

31  in the business of providing continuing care, possessing a

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  valid certificate of authority issued by the department, and

  2  the sales representatives thereof, if the activities of such

  3  entity are limited to the activities permitted under the

  4  certificate of authority.

  5         (e)  An insurance agent licensed in this state whose

  6  activities are limited exclusively to the sale of insurance.

  7         (f)  An adjuster licensed in this state whose

  8  activities are limited to the adjustment of claims.

  9         (g)  A creditor on behalf of such creditor's debtors

10  with respect to insurance covering a debt between the creditor

11  and its debtors.

12         (h)  A trust and its trustees, agents, and employees

13  acting pursuant to such trust established in conformity with

14  29 U.S.C. s. 186.

15         (i)  A trust exempt from taxation under s. 501(a) of

16  the Internal Revenue Code, a trust satisfying the requirements

17  of ss. 624.438 and 624.439, or any governmental trust as

18  defined in s. 624.33(3), and the trustees and employees acting

19  pursuant to such trust, or a custodian and its agents and

20  employees, including individuals representing the trustees in

21  overseeing the activities of a service company or

22  administrator, acting pursuant to a custodial account which

23  meets the requirements of s. 401(f) of the Internal Revenue

24  Code.

25         (j)  A financial institution which is subject to

26  supervision or examination by federal or state authorities or

27  a mortgage lender licensed under chapter 494 who collects and

28  remits premiums to licensed insurance agents or authorized

29  insurers concurrently or in connection with mortgage loan

30  payments.

31         (k)  A credit card issuing company which advances for

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  and collects premiums or charges from its credit card holders

  2  who have authorized such collection if such company does not

  3  adjust or settle claims.

  4         (l)  A person who adjusts or settles claims in the

  5  normal course of such person's practice or employment as an

  6  attorney at law and who does not collect charges or premiums

  7  in connection with life or health insurance coverage.

  8         (m)  A person approved by the Division of Workers'

  9  Compensation of the Department of Labor and Employment

10  Security who administers only self-insured workers'

11  compensation plans.

12         (n)  A service company or service agent and its

13  employees, authorized in accordance with ss. 626.895-626.899,

14  serving only a single employer plan, multiple-employer welfare

15  arrangements, or a combination thereof.

16

17  A person who provides billing and collection services to

18  health insurers and health maintenance organizations on behalf

19  of health care providers shall comply with the provisions of

20  ss. 627.6131, 641.3155, and 641.51(4).

21         Section 3.  Section 627.613, Florida Statutes, is

22  amended to read:

23         627.613  Time of payment of claims.--

24         (1)  The contract shall include the following

25  provision:

26

27         "Time of Payment of Claims: After receiving written

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

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

30  by this policy will be paid as soon as the insurer receives

31  proper written proof."

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1

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

  3  noninstitutional provider means a paper or electronic billing

  4  instrument submitted to the insurer's designated location

  5  which consists of the HCFA 1500 data set, or its successor,

  6  which has all mandatory entries for a physician licensed under

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

  8  appropriate billing instrument that has all mandatory entries

  9  for any other noninstitutional provider. For institutional

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

11  instrument submitted to the insurer's designated location

12  which consists of the UB-92 data set with entries stated as

13  mandatory by the National Uniform Billing Committee. Health

14  insurers shall reimburse all claims or any portion of any

15  claim from an insured or an insured's assignees, for payment

16  under a health insurance policy, within 45 days after receipt

17  of the claim by the health insurer.  If a claim or a portion

18  of a claim is contested by the health insurer, the insured or

19  the insured's assignees shall be notified, in writing, that

20  the claim is contested or denied, within 45 days after receipt

21  of the claim by the health insurer.  The notice that a claim

22  is contested shall identify the contested portion of the claim

23  and the reasons for contesting the claim.

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

25  nonelectronic:

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

27  received by the insurer at its designated claims receipt

28  location.

29         (b)  Must not duplicate a claim previously submitted

30  unless it is determined that the original claim was not

31  received or is otherwise lost. A health insurer, upon receipt

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  of the additional information requested from the insured or

  2  the insured's assignees shall pay or deny the contested claim

  3  or portion of the contested claim, within 60 days.

  4         (c)  For noninstitutional providers, all claims must be

  5  mailed or electronically transferred to an insurer within 90

  6  days after completion of the service and after the provider

  7  has been furnished with the correct name and address of the

  8  patient's insurer. For institutional providers, unless

  9  otherwise agreed to through contract, all claims must be

10  mailed or electronically transferred to an insurer within 90

11  days after completion of the service and after the provider

12  has been furnished with the correct name and address of the

13  patient's health insurer.

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

15  insurer shall, within 24 hours after the beginning of the next

16  business day after receipt of the claim, provide electronic

17  acknowledgement of the receipt of the claim to the electronic

18  source submitting the claim.

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

20  insurer shall, within 20 days after receipt of the claim, pay

21  the claim or notify a provider or designee if a claim is

22  denied or contested. Notice of the insurer's action on the

23  claim and payment of the claim is considered to be made on the

24  date the notice or payment is mailed or electronically

25  transferred.

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

27  determination of a contested claim must be accompanied by an

28  itemized list of additional information or documents the

29  insurer can reasonably determine are necessary to process the

30  claim.

31         2.  A provider must submit the additional information

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

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

  3  to submit by mail or electronically the additional information

  4  or documentation requested within 35 days after receipt of the

  5  notification may result in denial of the claim.

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

  7  for documents under this paragraph in connection with a claim

  8  unless the provider fails to submit all of the requested

  9  documents to process the claim or the documents submitted by

10  the provider raise new, additional issues not included in the

11  original written itemization, in which case the health insurer

12  may provide the provider with one additional opportunity to

13  submit the additional documents needed to process the claim.

14  In no case may the health insurer 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 insurer and the provider.

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

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

21  within 120 days after receipt of the claim creates an

22  uncontestable obligation to pay the claim. An insurer shall

23  pay or deny any claim no later than 120 days after receiving

24  the claim.

25         (5)(a)  For all nonelectronically submitted claims, a

26  health insurer shall, effective November 1, 2003, provide to

27  the provider acknowledgement of receipt of the claim within 15

28  days after receipt of the claim or provide the provider,

29  within 15 days after receipt, with electronic access to the

30  status of a submitted claim.

31         (b)  For all nonelectronically submitted claims, a

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  health insurer shall, within 40 days after receipt of the

  2  claim, pay the claim or notify a provider or designee if a

  3  claim is denied or contested. Notice of the insurer's action

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

  5  made on the date the notice or payment was mailed or

  6  electronically transferred.

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

  8  determination of a contested claim must be accompanied by an

  9  itemized list of additional information or documents the

10  insurer can reasonably determine are necessary to process the

11  claim.

12         2.  A provider must submit the additional information

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

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

15  to submit by mail or electronically the additional information

16  or documentation requested within 35 days after receipt of the

17  notification may result in denial of the claim.

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

19  for documents under this paragraph in connection with a claim

20  unless the provider fails to submit all of the requested

21  documents to process the claim or the documents submitted by

22  the provider raise new, additional issues not included in the

23  original written itemization, in which case the health insurer

24  may provide the provider with one additional opportunity to

25  submit the additional documents needed to process the claim.

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

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

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

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

30  health insurer and the provider.

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

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

  2  within 140 days after receipt of the claim creates an

  3  uncontestable obligation to pay the claim. Payment shall be

  4  treated as being made on the date a draft or other valid

  5  instrument which is equivalent to payment was placed in the

  6  United States mail in a properly addressed, postpaid envelope

  7  or, if not so posted, on the date of delivery.

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

  9  the payment is mailed or electronically transferred. An

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

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

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

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

14  with the payment of the claim. All overdue payments shall bear

15  simple interest at the rate of 10 percent per year.

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

17  insurer shall investigate any claim of improper billing by a

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

19  insurer shall determine if the insured was properly billed for

20  only those procedures and services that the insured actually

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

22  improperly billed, the insurer shall notify the insured and

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

24  payment to the provider by the amount determined to be

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

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

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

28         (8)  A provider claim for payment shall be considered

29  received by the health insurer, if the claim has been

30  electronically transmitted to the health insurer, when receipt

31  is verified electronically or, if the claim is mailed to the

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  address disclosed by the health insurer, on the date indicated

  2  on the return receipt. A provider must wait 35 days following

  3  receipt of a claim before submitting a duplicate claim.

  4         (9)(a)  If, as a result of retroactive review of

  5  coverage decisions or payment levels, a health insurer

  6  determines that it has made an overpayment to a provider for

  7  services rendered to an insured, the health insurer must make

  8  a claim for such overpayment to the provider's designated

  9  location. The health insurer may not reduce payment to that

10  provider for other services unless the provider agrees to the

11  reduction or fails to respond to the health insurer's claim as

12  required in this subsection.

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

14  made by a health insurer that the provider does not contest or

15  deny within 35 days after receipt of the claim that is mailed

16  or electronically transferred to the provider.

17         (c)  A provider that denies or contests a health

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

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

20  after the provider receives the claim that the claim for

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

22  for overpayment is contested or denied must identify the

23  contested portion of the claim and the specific reason for

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

25  include a request for additional information. The provider

26  shall pay or deny the claim for overpayment within 35 days

27  after receipt of the information.

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

29  made on the date payment was electronically transferred or

30  otherwise delivered to the health insurer or on the date that

31  the provider receives a payment from the health insurer that

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  reduces or deducts the overpayment. An overdue payment of a

  2  claim bears simple interest at the rate of 12 percent per

  3  year. Interest on an overdue payment of a claim for

  4  overpayment or for any uncontested portion of a claim for

  5  overpayment begins to accrue on the 36th day after the claim

  6  for overpayment has been received.

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

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

  9  Failure to do so creates an uncontestable obligation for the

10  provider to pay the claim to the health insurer.

11         (f)  A health insurer's claim for overpayment shall be

12  considered received by a provider, if the claim has been

13  electronically transmitted to the provider, when receipt is

14  verified electronically, or, if the claim is mailed to the

15  address disclosed by the provider, on the date indicated on

16  the return receipt. A health insurer must wait 35 days

17  following the provider's receipt of a claim for overpayment

18  before submitting a duplicate claim.

19         (10)  Any retroactive reductions of payments or demands

20  for refund of previous overpayments that are due to

21  retroactive review of coverage decisions or payment levels

22  must be reconciled to specific claims. Any retroactive demands

23  by providers for payment due to underpayments or nonpayments

24  for covered services must be reconciled to specific claims.

25  The look-back or audit-review period shall not exceed 2 years

26  after the date the claim was paid by the health insurer,

27  unless fraud in billing is involved.

28         (11)  A health insurer may not deny a claim because of

29  the insured's ineligibility if the provider can document

30  receipt of the insured's eligibility confirmation by the

31  health insurer prior to the date or time covered services were

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  provided. Any person who knowingly and willfully misinforms a

  2  provider prior to receipt of services as to his or her

  3  coverage eligibility commits insurance fraud, punishable as

  4  provided in s. 817.50.

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

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

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

  8  action to obtain a declaratory judgment that an act or

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

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

11  section.

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

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

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

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

16  costs as provided in paragraph (c).

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

18  practice involving a violation of this section by a health

19  insurer in which the health insurer is found to have violated

20  this section, the provider, after judgment in the trial court

21  and after exhausting all appeals, if any, shall receive his or

22  her attorney's fees and costs from the insurer; however, such

23  fees shall not exceed three times the amount in controversy or

24  $5,000, whichever is greater. In any such civil litigation, if

25  the insurer is found not to have violated this section, the

26  insurer, after judgment in the trial court and exhaustion of

27  all appeals, if any, may receive its reasonable attorney's

28  fees and costs from the provider on any claim or defense that

29  the court finds the provider knew or should have known was not

30  supported by the material facts necessary to establish the

31  claim or defense or would not be supported by the application

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  of then-existing law as to those material facts.

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

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

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

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

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

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

  8  allows.

  9         (13)  A permissive error ratio of 5 percent is

10  established for insurers claims payment violations of s.

11  627.613(4)(a), (b), (c), and (e) and (5)(a), (b), (c), and

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

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

14  period, a fine may not be assessed for the noted claims

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

16  determined by dividing the number of claims with violations

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

18  period, divided by the total number of claims in the sample.

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

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

21  the claims payment violations that exceed the error ratio.

22  Notwithstanding the provisions of this section, the department

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

24  627.613(4)(e) and (5)(e) which create an uncontestable

25  obligation to pay the claim. The department may not fine

26  insurers for violations that the department determines were

27  due to circumstances beyond the insurer's control.

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

29  voided, or nullified by contracts.

30         (15)  The amendments to this section by this act apply

31  only to a major medical expense health insurance policy as

                                  14

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  defined in s. 627.643(2)(e) which is offered by a group or an

  2  individual health insurer licensed under chapter 624,

  3  including a preferred provider policy under s. 627.6417, an

  4  exclusive provider organization under 627.6472, or a group or

  5  individual insurance contract that provides payment for

  6  enumerated dental services.

  7         Section 4.  Section 627.6142, Florida Statutes, is

  8  created to read:

  9         627.6142  Treatment authorization; payment of claims.--

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

11  includes any requirement of a provider to notify an insurer in

12  advance of providing a covered service, regardless of whether

13  the actual terminology used by the insurer includes, but is

14  not limited to, preauthorization, precertification,

15  notification, or any other similar terminology.

16         (2)  A health insurer that requires authorization for

17  medical care or health care services shall provide to each

18  provider with whom the health insurer has contracted pursuant

19  to s. 627.6471 or s. 627.6472 a list of the medical care and

20  health care services that require authorization and the

21  authorization procedures used by the health insurer at the

22  time a contract becomes effective. A health insurer that

23  requires authorization for medical care or health care

24  services shall provide to all other providers, not later than

25  10 working days after a request is made, a list of the medical

26  care and health care services that require authorization and

27  the authorization procedures established by the insurer. The

28  medical care or health care services that require

29  authorization and the authorization procedures used by the

30  insurer shall not be modified unless written notice is

31  provided at least 30 days in advance of any changes to all

                                  15

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  affected insureds as well as to all contracted providers and

  2  all other providers that had previously requested in writing a

  3  list of medical care or health care services that require

  4  authorization. An insurer that makes such list and procedures

  5  accessible to providers and insureds electronically is in

  6  compliance with this section so long as notice is provided at

  7  least 30 days in advance of any changes in such list or

  8  procedures to all insureds, contracted providers, and

  9  noncontracted providers who had previously requested a list of

10  medical care or health care services that require

11  authorization.

12         (3)(a)  Any claim for treatment may not be denied if a

13  provider follows the health insurer's published authorization

14  procedures and receives authorization, unless the provider

15  submits information to the health insurer with the willful

16  intention to misinform the health insurer.

17         (b)  Upon receipt of a request from a provider for

18  authorization, the health insurer shall issue a written

19  determination indicating whether the service or services are

20  authorized. If the request for an authorization is for an

21  inpatient admission, the determination shall be transmitted to

22  the provider making the request in writing no later than 24

23  hours after the request is made by the provider. If the health

24  insurer denies the request for authorization, the health

25  insurer shall notify the insured at the same time the insurer

26  notifies the provider requesting the authorization. A health

27  insurer that fails to respond to a request for an

28  authorization pursuant to this paragraph within 24 hours is

29  considered to have authorized the inpatient admission and

30  payment shall not be denied.

31         (4)  If the proposed medical care or health care

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  service or services involve an inpatient admission and the

  2  health insurer requires an authorization as a condition of

  3  payment, the health insurer shall review and issue a written

  4  or electronic authorization for the total estimated length of

  5  stay for the admission, based on the recommendation of the

  6  patient's physician. If the proposed medical care or health

  7  care service or services are to be provided to an insured who

  8  is an inpatient in a health care facility and authorization is

  9  required, the health insurer shall issue a written

10  determination indicating whether the proposed services are

11  authorized or denied no later than 4 hours after the request

12  is made by the provider. A health insurer who fails to respond

13  to such request within 4 hours is considered to have

14  authorized the requested medical care or health care service

15  and payment shall not be denied.

16         (5)  Authorization may not be required for emergency

17  services and care or emergency medical services as provided

18  pursuant to ss. 395.002, 395.1041, 401.45, and 401.252.

19         (6)  The provisions of this section may not be waived,

20  voided, or nullified by contract.

21         Section 5.  Subsection (3) is added to section 627.638,

22  Florida Statutes, to read:

23         627.638  Direct payment for hospital, medical

24  services.--

25         (3)  Under any health insurance policy insuring against

26  loss or expense due to hospital confinement or to medical and

27  related services, payment of benefits shall be made directly

28  to any recognized hospital, doctor, or other person who

29  provided services for the treatment of a psychological

30  disorder or treatment for substance abuse, including drug and

31  alcohol abuse, when the treatment is in accordance with the

                                  17

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  provisions of the policy and the insured specifically

  2  authorizes direct payment of benefits. Payments shall be made

  3  under this section, notwithstanding any contrary provisions in

  4  the health insurance contract. This subsection applies to all

  5  health insurance policies now or hereafter in force as of the

  6  effective date of this act.

  7         Section 6.  Subsection (4) of section 627.651, Florida

  8  Statutes, is amended to read:

  9         627.651  Group contracts and plans of self-insurance

10  must meet group requirements.--

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

12  established or maintained by an individual employer in

13  accordance with the Employee Retirement Income Security Act of

14  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

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

16  multiple-employer welfare arrangement shall comply with ss.

17  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

18  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(6).

19  This subsection does not allow an authorized insurer to issue

20  a group health insurance policy or certificate which does not

21  comply with this part.

22         Section 7.  Section 627.662, Florida Statutes, is

23  amended to read:

24         627.662  Other provisions applicable.--The following

25  provisions apply to group health insurance, blanket health

26  insurance, and franchise health insurance:

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

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

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

30  identification numbers and statement of deductible provisions.

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

                                  18

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

  2  hospital or medical services.

  3         (5)  Section 627.640, relating to filing and

  4  classification of rates.

  5         (6)  Section 627.6142, relating to treatment

  6  authorizations.

  7         (7)(6)  Section 627.645(1), relating to denial of

  8  claims.

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

10  claims.

11         (9)(8)  Section 627.6471, relating to preferred

12  provider organizations.

13         (10)(9)  Section 627.6472, relating to exclusive

14  provider organizations.

15         (11)(10)  Section 627.6473, relating to combined

16  preferred provider and exclusive provider policies.

17         (12)(11)  Section 627.6474, relating to provider

18  contracts.

19         Section 8.  Paragraph (e) of subsection (1) of section

20  641.185, Florida Statutes, is amended to read:

21         641.185  Health maintenance organization subscriber

22  protections.--

23         (1)  With respect to the provisions of this part and

24  part III, the principles expressed in the following statements

25  shall serve as standards to be followed by the Department of

26  Insurance and the Agency for Health Care Administration in

27  exercising their powers and duties, in exercising

28  administrative discretion, in administrative interpretations

29  of the law, in enforcing its provisions, and in adopting

30  rules:

31         (e)  A health maintenance organization subscriber

                                  19

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  should receive timely, concise information regarding the

  2  health maintenance organization's reimbursement to providers

  3  and services pursuant to ss. 641.31 and 641.31015 and is

  4  entitled to prompt payment from the organization when

  5  appropriate pursuant to s. 641.3155.

  6         Section 9.  Subsection (4) is added to section 641.234,

  7  Florida Statutes, to read:

  8         641.234  Administrative, provider, and management

  9  contracts.--

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

11  health care risk contract, transfers to any entity the

12  obligations to pay any provider for any claims arising from

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

14  the organization, the health maintenance organization shall

15  remain responsible for any violations of ss. 641,3155,

16  641.3156, and 641.51(4). The provisions of ss.

17  624.418-624.4211 and 641.52 shall apply to any such

18  violations.

19         (b)  As used in this subsection:

20         1.  The term "health care risk contract" means a

21  contract under which an entity receives compensation in

22  exchange for providing to the health maintenance organization

23  a provider network or other services, which may include

24  administrative services.

25         2.  The term "entity" means a person licensed as an

26  administrator under s. 626.88 and does not include any

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

28  providing services under the scope of the license of the

29  provider or the members of the group practice.

30         Section 10.  Subsection (1) of section 641.30, Florida

31  Statutes, is amended to read:

                                  20

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1         641.30  Construction and relationship to other laws.--

  2         (1)  Every health maintenance organization shall accept

  3  the standard health claim form prescribed pursuant to s.

  4  641.3155 627.647.

  5         Section 11.  Section 641.3155, Florida Statutes, is

  6  amended to read:

  7         641.3155  Payment of claims.--

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

  9  for a noninstitutional provider means a paper or electronic

10  billing instrument submitted to the health maintenance

11  organization's designated location which consists of the HCFA

12  1500 data set, or its successor, having all mandatory entries

13  completed for a physician licensed under chapter 458, chapter

14  459, chapter 460, or chapter 461 or other appropriate billing

15  instrument that has all mandatory entries for any other

16  noninstitutional provider. For institutional providers,

17  "claim" means a paper or electronic billing instrument

18  submitted to the insurer's designated location which consists

19  of the UB-92 data set with entries stated as mandatory by the

20  National Uniform Billing Committee. claim submitted on a HFCA

21  1500 form which has no defect or impropriety, including lack

22  of required substantiating documentation for noncontracted

23  providers and suppliers, or particular circumstances requiring

24  special treatment which prevent timely payment from being made

25  on the claim. A claim may not be considered not clean solely

26  because a health maintenance organization refers the claim to

27  a medical specialist within the health maintenance

28  organization for examination. If additional substantiating

29  documentation, such as the medical record or encounter data,

30  is required from a source outside the health maintenance

31  organization, the claim is considered not clean. This

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  definition of "clean claim" is repealed on the effective date

  2  of rules adopted by the department which define the term

  3  "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)  All claims for payment, whether electronic or

18  nonelectronic:

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

20  received by the organization at its designated claims receipt

21  location.

22         (b)  Must not duplicate a claim previously submitted

23  unless it is determined that the original claim was not

24  received or is otherwise lost.

25         (a)  A health maintenance organization shall pay any

26  clean claim or any portion of a clean claim made by a contract

27  provider for services or goods provided under a contract with

28  the health maintenance organization or a clean claim made by a

29  noncontract provider which the organization does not contest

30  or deny within 35 days after receipt of the claim by the

31  health maintenance organization which is mailed or

                                  22

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  electronically transferred by the provider.

  2         (b)  A health maintenance organization that denies or

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

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

  5  health maintenance organization receives the claim that the

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

  7  denied or contested must identify the contested portion of the

  8  claim and the specific reason for contesting or denying the

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

10  additional information. If the provider submits additional

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

12  of the request, mail or electronically transfer the

13  information to the health maintenance organization. The health

14  maintenance organization shall pay or deny the claim or

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

16  information.

17         (c)  For noninstitutional providers, all claims must be

18  mailed or electronically transferred to a health maintenance

19  organization within 90 days after completion of the service

20  and after the provider is furnished with the correct name and

21  address of the patient's health maintenance organization. For

22  institutional providers, unless otherwise agreed to through

23  contract, all claims must be mailed or electronically

24  transferred to a health maintenance organization within 90

25  days after completion of the service and after the provider is

26  furnished with the correct name and address of the patient's

27  health maintenance organization. Submission of a provider's

28  claim is considered made on the date it is electronically

29  transferred or mailed.

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

31  maintenance organization shall, within 24 hours after the

                                  23

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

  2  provide electronic acknowledgement of the receipt of the claim

  3  to the electronic source submitting the claim.

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

  5  maintenance organization shall, within 20 days after receipt

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

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

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

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

10  transferred.

11         (c)1.  Notification of the health maintenance

12  organization's determination of a contested claim must be

13  accompanied by an itemized list of additional information or

14  documents the organization can reasonably determine are

15  necessary to process the claim.

16         2.  A provider must submit the additional information

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

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

19  to submit by mail or electronically the additional information

20  or documentation requested within 35 days after receipt of the

21  notification may result in denial of the claim.

22         3.  A health maintenance organization may not make more

23  than one request for documents under this paragraph in

24  connection with a claim unless the provider fails to submit

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

26  documents submitted by the provider raise new, additional

27  issues not included in the original written itemization, in

28  which case the organization may provide the provider with one

29  additional opportunity to submit the additional documents

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

31  request duplicate documents.

                                  24

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

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

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

  4  health maintenance organization and the provider.

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

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

  7  within 120 days after receipt of the claim creates an

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

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

10  electronically transferred or otherwise delivered. An overdue

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

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

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

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

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

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

17  health maintenance organization shall, effective November 1,

18  2003, provide to the provider acknowledgement of receipt of

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

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

21  access to the status of a submitted claim.

22         (b)  For all nonelectronically submitted claims, a

23  health maintenance organization shall, within 40 days after

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

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

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

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

28  electronically transferred.

29         (c)1.  Notification of the health maintenance

30  organization's determination of a contested claim must be

31  accompanied by an itemized list of additional information or

                                  25

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  documents the organization can reasonably determine are

  2  necessary to process the claim.

  3         2.  A provider must submit the additional information

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

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

  6  to submit by mail or electronically the additional information

  7  or documentation requested within 35 days after receipt of the

  8  notification may result in denial of the claim.

  9         3.  A health maintenance organization may not make more

10  than one request for documents under this paragraph in

11  connection with a claim unless the provider fails to submit

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

13  documents submitted by the provider raise new, additional

14  issues not included in the original written itemization, in

15  which case the organization may provide the provider with one

16  additional opportunity to submit the additional documents

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

18  maintenance organization request duplicate documents.

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

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

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

22  health maintenance organization and the provider.

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

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

25  within 140 days after receipt of the claim creates an

26  uncontestable obligation to pay the claim. A health

27  maintenance organization shall pay or deny any claim no later

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

29  creates an uncontestable obligation for the health maintenance

30  organization to pay the claim to the provider.

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

                                  26

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  the payment is mailed or electronically transferred. An

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

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

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

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

  6  with the payment of the claim.

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

  8  coverage decisions or payment levels, a health maintenance

  9  organization determines that it has made an overpayment to a

10  provider for services rendered to a subscriber, the

11  organization must make a claim for such overpayment to the

12  provider's designated location. The organization may not

13  reduce payment to that provider for other services unless the

14  provider agrees to the reduction in writing after receipt of

15  the claim for overpayment from the health maintenance

16  organization or fails to respond to the organization's claim

17  as required in this subsection.

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

19  made by a health maintenance organization which the provider

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

21  claim that is mailed or electronically transferred to the

22  provider.

23         (c)  A provider that denies or contests an

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

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

26  after the provider receives the claim that the claim for

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

28  for overpayment is denied or contested must identify the

29  contested portion of the claim and the specific reason for

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

31  include a request for additional information. If the

                                  27

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  organization submits additional information, the organization

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

  3  electronically transfer the information to the provider. The

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

  5  days after receipt of the information.

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

  7  made on the date payment was received or electronically

  8  transferred or otherwise delivered to the organization, or the

  9  date that the provider receives a payment from the

10  organization that reduces or deducts the overpayment. An

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

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

13  claim for overpayment or for any uncontested portion of a

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

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

21  demands for refund of previous overpayments which are due to

22  retroactive review-of-coverage decisions or payment levels

23  must be reconciled to specific claims unless the parties agree

24  to other reconciliation methods and terms. Any retroactive

25  demands by providers for payment due to underpayments or

26  nonpayments for covered services must be reconciled to

27  specific claims unless the parties agree to other

28  reconciliation methods and terms. The look-back or

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

30  the claim was paid by the health maintenance organization,

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

                                  28

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  be specified by the terms of the contract.

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

  3  considered received by the health maintenance organization, if

  4  the claim has been electronically transmitted to the health

  5  maintenance organization, when receipt is verified

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

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

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

  9  by the health maintenance organization if the claim is hand

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

11  claim before submitting a duplicate claim.

12         (b)  A health maintenance organization claim for

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

14  claim has been electronically transmitted to the provider,

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

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

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

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

19  overpayment before submitting a duplicate claim.

20         (c)  This section does not preclude the health

21  maintenance organization and provider from agreeing to other

22  methods of submission transmission and receipt of claims.

23         (9)(8)  A provider, or the provider's designee, who

24  bills electronically is entitled to electronic acknowledgment

25  of the receipt of a claim within 72 hours.

26         (10)(9)  A health maintenance organization may not

27  retroactively deny a claim because of subscriber ineligibility

28  if the provider can document receipt of subscriber eligibility

29  confirmation by the organization prior to the date or time

30  covered services were provided. Every health maintenance

31  organization contract with an employer shall include a

                                  29

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  provision that requires the employer to notify the health

  2  maintenance organization of changes in eligibility status

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

  4  the clean claim. Any person who knowingly misinforms a

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

  6  coverage eligibility commits insurance fraud punishable as

  7  provided in s. 817.50.

  8         (11)(10)  A health maintenance organization shall pay a

  9  contracted primary care or admitting physician, pursuant to

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

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

12  determined by the organization to be medically necessary and

13  covered services under the organization's contract with the

14  contract holder.

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

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

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

18  action to obtain a declaratory judgment that an act or

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

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

21  section.

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

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

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

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

26  costs as provided in paragraph (c).

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

28  practice involving a violation of this section by a health

29  maintenance organization in which the organization is found to

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

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

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

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

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

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

  5  have violated this section, the organization, after judgment

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

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

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

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

10  material facts necessary to establish the claim or defense or

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

12  as to those material facts.

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

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

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

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

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

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

19  allows.

20         (13)  A health maintenance organization subscriber is

21  entitled to prompt payment from the organization whenever a

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

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

24  organization shall pay the claim within 35 days after receipt

25  or the organization shall advise the subscriber of what

26  additional information is required to adjudicate the claim.

27  After receipt of the additional information, the organization

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

29  to pay claims submitted by subscribers within the time periods

30  specified in this subsection, the organization shall pay the

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

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





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

  2  applicable, within the time periods specified in this

  3  subsection is a violation of the insurance code and each

  4  occurrence shall be considered a separate violation.

  5         (14)  A permissive error ratio of 5 percent is

  6  established for organizations claims payment violations of s.

  7  641.3155(3)(a), (b), (c), and (e) and (4)(a), (b), (c), and

  8  (e). If the error ratio of a particular organization does not

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

10  period, a fine may not be assessed for the noted claims

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

12  determined by dividing the number of claims with violations

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

14  period divided by the total number of claims in the sample. If

15  the error ratio exceeds the permissible error ratio of 5

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

17  the claims payment violations that exceed the error ratio.

18  Notwithstanding the provisions of this section, the department

19  may fine a health maintenance organization for claims payment

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

21  uncontestable obligation to pay the claim. The department may

22  not fine organizations for violations that the department

23  determines were due to circumstances beyond the organization's

24  control.

25         (15)  The provisions of this section may not be waived,

26  voided, or nullified by contract.

27         Section 12.  Section 641.3156, Florida Statutes, is

28  amended to read:

29         641.3156  Treatment authorization; payment of claims.--

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

31  includes any requirement of a provider to notify a health

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  maintenance organization in advance of providing a covered

  2  service, regardless of whether the actual terminology used by

  3  the organization includes, but is not limited to,

  4  preauthorization, precertification, notification, or any other

  5  similar terminology.

  6         (2)  A health maintenance organization that requires

  7  authorization for medical care and health care services shall

  8  provide to each contracted provider at the time a contract is

  9  signed a list of the medical care and health care services

10  that require authorization and the authorization procedures

11  used by the organization. A health maintenance organization

12  that requires authorization for medical care and health care

13  services shall provide to each noncontracted provider, not

14  later than 10 working days after a request is made, a list of

15  the medical care and health care services that require

16  authorization and the authorization procedures used by the

17  organization. The list of medical care or health care services

18  that require authorization and the authorization procedures

19  used by the organization shall not be modified unless written

20  notice is provided at least 30 days in advance of any changes

21  to all subscribers, contracted providers, and noncontracted

22  providers who had previously requested a list of medical care

23  or health care services that require authorization. An

24  organization that makes such list and procedures accessible to

25  providers and subscribers electronically is in compliance with

26  this section so long as notice is provided at least 30 days in

27  advance of any changes in such list or procedures to all

28  subscribers, contracted providers, and noncontracted providers

29  who had previously requested a list of medical care or health

30  care services that require authorization. A health maintenance

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

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  claim for treatment for an eligible subscriber which was

  2  authorized by a provider empowered by contract with the health

  3  maintenance organization to authorize or direct the patient's

  4  utilization of health care services and which was also

  5  authorized in accordance with the health maintenance

  6  organization's current and communicated procedures, unless the

  7  provider provided information to the health maintenance

  8  organization with the willful intention to misinform the

  9  health maintenance organization.

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

11  provider follows the health maintenance organization's

12  authorization procedures and receives authorization for a

13  covered service for an eligible subscriber, unless the

14  provider provided information to the health maintenance

15  organization with the willful intention to misinform the

16  health maintenance organization.

17         (b)  On receipt of a request from a provider for

18  authorization pursuant to this section, the health maintenance

19  organization shall issue a written determination indicating

20  whether the service or services are authorized. If the request

21  for an authorization is for an inpatient admission, the

22  determination must be transmitted to the provider making the

23  request in writing no later than 24 hours after the request is

24  made by the provider. If the organization denies the request

25  for an authorization, the health maintenance organization must

26  notify the subscriber at the same time when notifying the

27  provider requesting the authorization. A health maintenance

28  organization that fails to respond to a request for an

29  authorization from a provider pursuant to this paragraph is

30  considered to have authorized the inpatient admission within

31  24 hours and payment may not be denied.

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1         (4)  If the proposed medical care or health care

  2  service or services involve an inpatient admission and the

  3  health maintenance organization requires authorization as a

  4  condition of payment, the health maintenance organization

  5  shall issue a written or electronic authorization for the

  6  total estimated length of stay for the admission.  If the

  7  proposed medical care or health care service or services are

  8  to be provided to a patient who is an inpatient in a health

  9  care facility at the time the services are proposed and the

10  medical care or health care service requires an authorization,

11  the health maintenance organization shall issue a

12  determination indicating whether the proposed services are

13  authorized no later than 4 hours after the request by the

14  health care provider. A health maintenance organization that

15  fails to respond to such request within 4 hours is considered

16  to have authorized the requested medical care or health care

17  service and payment may not be denied.

18         (5)(3)  Emergency services are subject to the

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

20  of this section.

21         (6)  The provisions of this section may not be waived,

22  voided, or nullified by contract.

23         Section 13.  Paragraph (i) of subsection (1) of section

24  626.9541, Florida Statutes, is amended to read:

25         626.9541  Unfair methods of competition and unfair or

26  deceptive acts or practices defined.--

27         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

28  DECEPTIVE ACTS.--The following are defined as unfair methods

29  of competition and unfair or deceptive acts or practices:

30         (i)  Unfair claim settlement practices.--

31         1.  Attempting to settle claims on the basis of an

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  application, when serving as a binder or intended to become a

  2  part of the policy, or any other material document which was

  3  altered without notice to, or knowledge or consent of, the

  4  insured;

  5         2.  A material misrepresentation made to an insured or

  6  any other person having an interest in the proceeds payable

  7  under such contract or policy, for the purpose and with the

  8  intent of effecting settlement of such claims, loss, or damage

  9  under such contract or policy on less favorable terms than

10  those provided in, and contemplated by, such contract or

11  policy; or

12         3.  Committing or performing with such frequency as to

13  indicate a general business practice any of the following:

14         a.  Failing to adopt and implement standards for the

15  proper investigation of claims;

16         b.  Misrepresenting pertinent facts or insurance policy

17  provisions relating to coverages at issue;

18         c.  Failing to acknowledge and act promptly upon

19  communications with respect to claims;

20         d.  Denying claims without conducting reasonable

21  investigations based upon available information;

22         e.  Failing to affirm or deny full or partial coverage

23  of claims, and, as to partial coverage, the dollar amount or

24  extent of coverage, or failing to provide a written statement

25  that the claim is being investigated, upon the written request

26  of the insured within 30 days after proof-of-loss statements

27  have been completed;

28         f.  Failing to promptly provide a reasonable

29  explanation in writing to the insured of the basis in the

30  insurance policy, in relation to the facts or applicable law,

31  for denial of a claim or for the offer of a compromise

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  settlement;

  2         g.  Failing to promptly notify the insured of any

  3  additional information necessary for the processing of a

  4  claim; or

  5         h.  Failing to clearly explain the nature of the

  6  requested information and the reasons why such information is

  7  necessary; or.

  8         (i)  Notifying providers that claims filed under s.

  9  627.613 have not been received when, in fact, the claims have

10  been received.

11         Section 14.  Subsection (5) of section 641.3903,

12  Florida Statutes, is amended to read:

13         641.3903  Unfair methods of competition and unfair or

14  deceptive acts or practices defined.--The following are

15  defined as unfair methods of competition and unfair or

16  deceptive acts or practices:

17         (5)  UNFAIR CLAIM SETTLEMENT PRACTICES.--

18         (a)  Attempting to settle claims on the basis of an

19  application or any other material document which was altered

20  without notice to, or knowledge or consent of, the subscriber

21  or group of subscribers to a health maintenance organization;

22         (b)  Making a material misrepresentation to the

23  subscriber for the purpose and with the intent of effecting

24  settlement of claims, loss, or damage under a health

25  maintenance contract on less favorable terms than those

26  provided in, and contemplated by, the contract; or

27         (c)  Committing or performing with such frequency as to

28  indicate a general business practice any of the following:

29         1.  Failing to adopt and implement standards for the

30  proper investigation of claims;

31         2.  Misrepresenting pertinent facts or contract

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  provisions relating to coverage at issue;

  2         3.  Failing to acknowledge and act promptly upon

  3  communications with respect to claims;

  4         4.  Denying of claims without conducting reasonable

  5  investigations based upon available information;

  6         5.  Failing to affirm or deny coverage of claims upon

  7  written request of the subscriber within a reasonable time not

  8  to exceed 30 days after a claim or proof-of-loss statements

  9  have been completed and documents pertinent to the claim have

10  been requested in a timely manner and received by the health

11  maintenance organization;

12         6.  Failing to promptly provide a reasonable

13  explanation in writing to the subscriber of the basis in the

14  health maintenance contract in relation to the facts or

15  applicable law for denial of a claim or for the offer of a

16  compromise settlement;

17         7.  Failing to provide, upon written request of a

18  subscriber, itemized statements verifying that services and

19  supplies were furnished, where such statement is necessary for

20  the submission of other insurance claims covered by individual

21  specified disease or limited benefit policies, provided that

22  the organization may receive from the subscriber a reasonable

23  administrative charge for the cost of preparing such

24  statement;

25         8.  Failing to provide any subscriber with services,

26  care, or treatment contracted for pursuant to any health

27  maintenance contract without a reasonable basis to believe

28  that a legitimate defense exists for not providing such

29  services, care, or treatment. To the extent that a national

30  disaster, war, riot, civil insurrection, epidemic, or any

31  other emergency or similar event not within the control of the

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1  health maintenance organization results in the inability of

  2  the facilities, personnel, or financial resources of the

  3  health maintenance organization to provide or arrange for

  4  provision of a health service in accordance with requirements

  5  of this part, the health maintenance organization is required

  6  only to make a good faith effort to provide or arrange for

  7  provision of the service, taking into account the impact of

  8  the event.  For the purposes of this paragraph, an event is

  9  not within the control of the health maintenance organization

10  if the health maintenance organization cannot exercise

11  influence or dominion over its occurrence; or

12         9.  Systematic downcoding with the intent to deny

13  reimbursement otherwise due; or.

14         10.  Notifying providers that claims filed under s.

15  641.3155 have not been received when, in fact, the claims have

16  been received.

17         Section 15.  Subsection (12) of section 641.51, Florida

18  Statutes, is amended to read:

19         641.51  Quality assurance program; second medical

20  opinion requirement.--

21         (12)  If a contracted primary care physician, licensed

22  under chapter 458 or chapter 459, determines and the

23  organization determine that a subscriber requires examination

24  by a licensed ophthalmologist for medically necessary,

25  contractually covered services, then the organization shall

26  authorize the contracted primary care physician to send the

27  subscriber to a contracted licensed ophthalmologist.

28         Section 16.  This act shall take effect October 1,

29  2002.

30

31

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

    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         An act relating to health insurance; amending

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

  8         organization"; including preferred provider

  9         organization and health insurers in the claim

10         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         626.88, F.S.; redefining the term

17         "administrator," with respect to regulation of

18         insurance administrators; amending s. 627.613,

19         F.S.; revising time of payment of claims

20         provisions; providing requirements and

21         procedures for payment or denial of claims;

22         providing criteria and limitations; revising

23         rate of interest charged on overdue payments;

24         providing for electronic transmission of

25         claims; providing a penalty; providing for

26         attorney's fees and costs; establishing a

27         permissive error ratio and providing guidelines

28         for applying the ratio; prohibiting contractual

29         modification of provisions of law; providing

30         applicability; creating s. 627.6142, F.S.;

31         defining the term "authorization"; requiring

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1         health insurers to provide lists of medical

  2         care and health care services that require

  3         authorization; prohibiting denial of certain

  4         claims; providing procedural requirements for

  5         determination and issuance of authorizations of

  6         services; amending s. 627.638, F.S.; providing

  7         for direct payment for services in treatment of

  8         a psychological disorder or substance abuse;

  9         amending s. 627.651, F.S.; conforming a

10         cross-reference; amending s. 627.662, F.S.;

11         specifying application of certain additional

12         provisions to group, blanket, and franchise

13         health insurance; amending s. 641.185, F.S.;

14         entitling health maintenance organization

15         subscribers to prompt payment when appropriate;

16         amending s. 641.234, F.S.; providing that

17         health maintenance organizations remain liable

18         for certain violations that occur after the

19         transfer of certain financial obligations

20         through health care risk contracts; amending s.

21         641.30, F.S.; conforming a cross-reference;

22         amending s. 641.3155, F.S.; revising

23         definitions; eliminating provisions that

24         require the Department of Insurance to adopt

25         rules consistent with federal claim-filing

26         standards; providing requirements and

27         procedures for payment of claims; requiring

28         payment within specified periods; revising rate

29         of interest charged on overdue payments;

30         requiring employers to provide notice of

31         changes in eligibility status within a

                                  41

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 362, 2nd Eng.

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





  1         specified time period; providing a penalty;

  2         entitling health maintenance organization

  3         subscribers to prompt payment by the

  4         organization for covered services by an

  5         out-of-network provider; requiring payment

  6         within specified periods; providing payment

  7         procedures; establishing a permissive error

  8         ratio and providing guidelines for applying the

  9         ratio; providing penalties; amending s.

10         641.3156, F.S.; defining the term

11         "authorization"; requiring health maintenance

12         organizations to provide lists of medical care

13         and health care services that require

14         authorization; prohibiting denial of certain

15         claims; providing procedural requirements for

16         determination and issuance of authorizations of

17         services; amending ss. 626.9541, 641.3903,

18         F.S.; providing that untruthfully notifying a

19         provider that a filed claim has not been

20         received constitutes an unfair claim-settlement

21         practice by insurers and health maintenance

22         organizations; providing penalties; amending s.

23         641.51, F.S.; revising provisions governing

24         examinations by ophthalmologists; providing an

25         effective date

26

27

28

29

30

31

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