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



                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Council for Healthy Communities offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Effective upon this act becoming a law,

18  paragraphs (t), (u), and (v) are added to subsection (3) of

19  section 408.036, Florida Statutes, to read:

20         408.036  Projects subject to review.--

21         (3)  EXEMPTIONS.--Upon request, the following projects

22  are subject to exemption from the provisions of subsection

23  (1):

24         (t)  For the provision of health services, long-term

25  care hospital services, new construction, or tertiary health

26  services excluding solid organ transplant services, by an

27  existing hospital, provided that the hospital utilizes

28  existing bed capacity and does not exceed the current licensed

29  bed capacity for that facility. Utilizing existing bed

30  capacity, a hospital may offer the exempted services within

31  the hospital's respective health planning district.

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         1.  In addition to any other documentation required by

  2  the agency, a request for an exemption submitted under this

  3  paragraph must certify that the applicant will meet and

  4  continuously maintain the minimum licensure requirements

  5  governing such programs adopted by the agency pursuant to

  6  subparagraph 2.

  7         2.  The agency shall adopt minimum licensure

  8  requirements by rule which govern the operation of health

  9  services, long-term care hospital services, and tertiary

10  health services excluding solid organ transplant services,

11  established pursuant to the exemption provided in this

12  paragraph. The rules shall ensure that such programs:

13         a.  Perform only services authorized by the exemption

14  and will not provide any other services not authorized by the

15  exemption.

16         b.  Maintain sufficient appropriate equipment and

17  health personnel to ensure quality and safety.

18         c.  Maintain appropriate times of operation and

19  protocols to ensure availability and appropriate referrals in

20  emergencies.

21         d.  Provide a minimum of 10 percent of its services to

22  charity and Medicaid patients each year.

23         e.  Establish quality outcome measures that are

24  evidence-based. The performance of quality outcome measures

25  for such programs must be at least at the 50th percentile of

26  state and national outcome measures.

27         f.  Be given an opportunity to correct any deficiencies

28  as noted by the agency prior to the expiration of the

29  authorized exemption.

30         3.  The exemption provided by this paragraph shall not

31  apply unless the agency determines that the program is in

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  compliance with the requirements of subparagraph 1. and that

  2  the program will, after beginning operation, continuously

  3  comply with the rules adopted pursuant to subparagraph 2. The

  4  agency shall monitor such programs to ensure compliance with

  5  the requirements of subparagraph 2.

  6         4.a.  The exemption for a program shall expire

  7  immediately when the agency determines that the program fails

  8  to comply with the rules adopted pursuant to sub-subparagraphs

  9  2.a., b., and c.

10         b.  Beginning 24 months after a program first begins

11  treating patients, the exemption for the program shall expire

12  when the program fails to comply with the rules adopted

13  pursuant to sub-subparagraph 2.d.

14         5.  If the exemption for a program expires pursuant to

15  sub-subparagraph 4.a. or sub-subparagraph 4.b., the agency

16  shall not grant an exemption pursuant to this paragraph for a

17  program located at the same hospital until 2 years following

18  the date of the determination by the agency that the program

19  failed to comply with the rules adopted pursuant to

20  subparagraph 2.

21         (u)  For the provision of adult open heart services in

22  a hospital. When a clear problem exists in access to needed

23  cardiac services, consideration must be given to creating an

24  exemption. While such needs might be addressed by the changing

25  of the specific need criteria under the certificate-of-need

26  law, the problem of protracted administrative appeals would

27  still remain. The exemption must be based upon objective

28  criteria and address and solve the twin problems of geographic

29  and temporal access. A hospital shall be exempt from the

30  certificate-of-need review for the establishment of an open

31  heart surgery program subject to the following conditions and

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  criteria:

  2         1.  The applicant must certify it will meet and

  3  continuously maintain the minimum licensure requirements

  4  adopted by the agency governing adult open heart programs,

  5  including the most current guidelines of the American College

  6  of Cardiology and American Heart Association Guidelines for

  7  Adult Open Heart Programs.

  8         2.  The applicant must certify it will maintain

  9  sufficient appropriate equipment and health personnel to

10  ensure quality and safety.

11         3.  The applicant must certify it will maintain

12  appropriate times of operation and protocols to ensure

13  availability and appropriate referrals in the event of

14  emergencies.

15         4.  The applicant can demonstrate that it is referring

16  300 or more cardiac patients from the hospital, including the

17  emergency room, per year to a hospital with cardiac services,

18  or that the average wait for transfer for 50 percent or more

19  of the cardiac patients exceeds 4 hours.

20         5.  The applicant is a general acute care hospital that

21  is in operation for 3 years or more.

22         6.  The applicant is performing more than 500

23  diagnostic cardiac catheterization procedures per year,

24  combined inpatient and outpatient.

25         7.  The applicant has a formal agreement with an

26  existing statutory teaching hospital or cardiac program

27  performing 750 open heart cases per year which creates at a

28  minimum an external peer review process. The peer review shall

29  be conducted quarterly the first year of operation and two

30  times a year in the succeeding years until either the program

31  reaches 350 cases per year or demonstrates consistency with

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  state-adopted quality and outcome standards for the service.

  2         8.  The applicant payor-mix at a minimum reflects the

  3  community average for Medicaid, charity care, and self-pay or

  4  the applicant must certify that it will provide a minimum of 5

  5  percent of Medicaid, charity care, and self-pay to open heart

  6  surgery patients.

  7         9.  If the applicant fails to meet the established

  8  criteria for open heart programs or fails to reach 300

  9  surgeries per year by the end of year 3, it must show cause

10  why its exemption should not be revoked.

11         (v)  For the establishment of a satellite hospital

12  through the relocation of 100 general acute care beds from an

13  existing hospital located in the same district, as defined in

14  s. 408.032(5).

15         Section 2.  Subsection (5) is added to section 408.043,

16  Florida Statutes, to read:

17         408.043  Special provisions.--

18         (5)  SOLE ACUTE CARE HOSPITAL IN A HIGH GROWTH

19  COUNTY.--Notwithstanding any other provision of law, an acute

20  care hospital licensed under chapter 395 may add up to 180

21  additional beds without agency review, provided such hospital

22  is located in a county that has experienced at least a

23  60-percent growth rate since 1990, is under construction on

24  January 1, 2002, is the sole acute care hospital in the

25  county, and is located such that there is no other acute care

26  hospital within a 10-mile radius of such hospital.

27         Section 3.  Section 408.7057, Florida Statutes, is

28  amended to read:

29         408.7057  Statewide provider and health plan managed

30  care organization claim dispute resolution program.--

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

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  Administration.

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

  4  health maintenance organization or a prepaid health clinic

  5  certified under chapter 641, a prepaid health plan authorized

  6  under s. 409.912, or an exclusive provider organization

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

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

  9  group or an individual health insurer licensed pursuant to

10  chapter 624, including a preferred provider organization under

11  s. 627.6471.

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

13  independent third-party claim-dispute-resolution entity

14  selected by and contracted with the Agency for Health Care

15  Administration.

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

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

18  to contracted and noncontracted providers and health plans

19  managed care organizations for resolution of claim disputes

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

21  managed care organization. The agency shall contract with a

22  resolution organization to timely review and consider claim

23  disputes submitted by providers and health plans managed care

24  organizations and recommend to the agency an appropriate

25  resolution of those disputes. The agency shall establish by

26  rule jurisdictional amounts and methods of aggregation for

27  claim disputes that may be considered by the resolution

28  organization.

29         (b)  The resolution organization shall review claim

30  disputes filed by contracted and noncontracted providers and

31  health plans managed care organizations unless the disputed

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  claim:

  2         1.  Is related to interest payment;

  3         2.  Does not meet the jurisdictional amounts or the

  4  methods of aggregation established by agency rule, as provided

  5  in paragraph (a);

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

  7  managed care organization or a reconsideration appeal through

  8  the Medicare appeals process;

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

10  by the state;

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

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

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

14  federal court; or

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

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

17  2000, between the provider and the managed care organization.

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

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

20  dispute-resolution process as a prerequisite to the submission

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

22  organization to the resolution organization when the

23  dispute-resolution program becomes effective.

24         (d)  A contracted or noncontracted provider or health

25  plan maintenance organization may not file a claim dispute

26  with the resolution organization more than 12 months after a

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

28  or provider maintenance organization.

29         (e)  The resolution organization shall require the

30  health plan or provider submitting the claim dispute to submit

31  any supporting documentation to the resolution organization

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  a request from the resolution organization for documentation

  3  in support of the claim dispute. The resolution organization

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

  5  supporting documentation within such time period shall result

  6  in the dismissal of the submitted claim dispute.

  7         (f)  The resolution organization shall require the

  8  respondent in the claim dispute to submit all documentation in

  9  support of its position within 15 days after receiving a

10  request from the resolution organization for supporting

11  documentation. The resolution organization may extend the time

12  if appropriate. Failure to submit the supporting documentation

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

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

15  resolution organization shall issue its written recommendation

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

17  entity. The written recommendation shall include a

18  recommendation to the agency that the defaulting entity shall

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

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

21  considered a nonprevailing party for the purposes of this

22  section.

23         (g)1.  If on an ongoing basis during the preceding 12

24  months, the agency has reason to believe that a pattern of

25  noncompliance with s. 627.6131 and s. 641.3155 exists on the

26  part of a particular health plan or provider, the agency shall

27  evaluate the information contained in these cases to determine

28  whether the information evidences a pattern and report its

29  findings, together with substantiating evidence, to the

30  appropriate licensure or certification entity for the health

31  plan or provider.

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         2.  In addition, the agency shall prepare an annual

  2  report to the Governor and the Legislature by February 1 of

  3  each year, enumerating:  claims dismissed; defaults issued;

  4  and failures to comply with agency final orders issued under

  5  this section.

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

  7  process to be used by the resolution organization in

  8  considering claim disputes submitted by a provider or health

  9  plan managed care organization which must include the issuance

10  by the resolution organization of a written recommendation,

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

12  after the requested information is received by the resolution

13  organization within the timeframes specified by the resolution

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

15  following receipt of the initial claim dispute submission by

16  the resolution organization receipt of the claim dispute

17  submission.

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

19  of the resolution organization, the agency shall adopt the

20  recommendation as a final order.

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

22  appropriate licensure or certification entity whenever there

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

24  to this section.

25         (6)(5)  The entity that does not prevail in the

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2         (7)(6)  The agency for Health Care Administration may

  3  adopt rules to administer this section.

  4         Section 4.  Subsection (1) of section 626.88, Florida

  5  Statutes, is amended to read:

  6         626.88  Definitions of "administrator" and "insurer".--

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

  8  is any person who directly or indirectly solicits or effects

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

10  settles claims on residents of this state in connection with

11  authorized commercial self-insurance funds or with insured or

12  self-insured programs which provide life or health insurance

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

14  624.33(1) or any person who, through a health care risk

15  contract as defined in s. 641.234 with an insurer or health

16  maintenance organization, 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. 1 (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. 1 (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         (o)  Any provider or group practice, as defined in s.

17  456.053, providing services under the scope of the license of

18  the provider or the member of the group practice.

19

20  A person who provides billing and collection services to

21  health insurers and health maintenance organizations on behalf

22  of health care providers shall comply with the provisions of

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

24         Section 5.  Section 627.6131, Florida Statutes, is

25  created to read:

26         627.6131  Payment of claims.--

27         (1)  The contract shall include the following

28  provision:

29

30         "Time of Payment of Claims: After receiving

31         written proof of loss, the insurer will pay

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

  3         covered by this policy will be paid as soon as

  4         the insurer receives proper written proof."

  5

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

  7  noninstitutional provider means a paper or electronic billing

  8  instrument submitted to the insurer's designated location that

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

10  all mandatory entries for a physician licensed under chapter

11  458, chapter 459, chapter 460, chapter 461, chapter 463, or

12  chapter 490 or any appropriate billing instrument that has all

13  mandatory entries for any other noninstitutional provider. For

14  institutional providers, "claim" means a paper or electronic

15  billing instrument submitted to the insurer's designated

16  location that consists of the UB-92 data set or its successor

17  that has all mandatory entries.

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

19  nonelectronic:

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

21  received by the insurer at its designated claims receipt

22  location.

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

24  insurer within 9 months after completion of the service and

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

26  the patient's health insurer.

27         (c)  Must not duplicate a claim previously submitted

28  unless it is determined that the original claim was not

29  received or is otherwise lost.

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

31  insurer shall:

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  business day after receipt of the claim, provide electronic

  3  acknowledgment of the receipt of the claim to the electronic

  4  source submitting the claim.

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

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

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

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

  9  notice or payment was mailed or electronically transferred.

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

11  determination of a contested claim must be accompanied by an

12  itemized list of additional information or documents the

13  insurer can reasonably determine are necessary to process the

14  claim.

15         2.  A provider must submit the additional information

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

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

18  to submit by mail or electronically the additional information

19  or documentation requested within 35 days after receipt of the

20  notification may result in denial of the claim.

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

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

23  unless the provider fails to submit all of the requested

24  documents to process the claim or if documents submitted by

25  the provider raise new additional issues not included in the

26  original written itemization, in which case the health insurer

27  may provide the provider with one additional opportunity to

28  submit the additional documents needed to process the claim.

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

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

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

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  health insurer and the provider.

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

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

  5  within 120 days after receipt of the claim creates an

  6  uncontestable obligation to pay the claim.

  7         (5)  For all nonelectronically submitted claims, a

  8  health insurer shall:

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

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

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

12  after receipt with electronic access to the status of a

13  submitted claim.

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

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

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

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

18  notice or payment was mailed or electronically transferred.

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

20  determination of a contested claim must be accompanied by an

21  itemized list of additional information or documents the

22  insurer can reasonably determine are necessary to process the

23  claim.

24         2.  A provider must submit the additional information

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

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

27  to submit by mail or electronically the additional information

28  or documentation requested within 35 days after receipt of the

29  notification may result in denial of the claim.

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

31  for documents under this paragraph in connection with a claim

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  unless the provider fails to submit all of the requested

  2  documents to process the claim or if documents submitted by

  3  the provider raise new additional issues not included in the

  4  original written itemization, in which case the health insurer

  5  may provide the provider with one additional opportunity to

  6  submit the additional documents needed to process the claim.

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

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

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

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

11  health insurer and the provider.

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

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

14  within 140 days after receipt of the claim creates an

15  uncontestable obligation to pay the claim.

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

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

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

19  health insurer that makes a claim for overpayment to a

20  provider under this section shall give the provider a written

21  or electronic statement specifying the basis for the

22  retroactive denial or payment adjustment. The insurer must

23  identify the claim or claims, or overpayment claim portion

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

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

26  retroactive review or audit of coverage decisions or payment

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

28  the following procedures:

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

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

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

                                  16

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  receipt of the claim. All contested claims for overpayment

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

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

  5  days after receipt creates an uncontestable obligation to pay

  6  the claim.

  7         2.  A provider that denies or contests a health

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

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

10  after the provider receives the claim that the claim for

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

12  for overpayment is denied or contested must identify the

13  contested portion of the claim and the specific reason for

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

15  include a request for additional information. If the health

16  insurer submits additional information, the health insurer

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

18  electronically transfer the information to the provider. The

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

20  days after receipt of the information. The notice is

21  considered made on the date the notice is mailed or

22  electronically transferred by the provider.

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

24  provider's contesting of claim or request for additional

25  information regarding the claim within 35 days after receipt

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

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

28  provider for other services unless the provider agrees to the

29  reduction in writing or fails to respond to the health

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

31         5.  Payment of an overpayment claim is considered made

                                  17

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  on the date the payment was mailed or electronically

  2  transferred.  An overdue payment of a claim bears simple

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

  4  overdue payment for a claim for an overpayment begins to

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

  6  contested.

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

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

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

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

11  817.234.

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

13  the payment was mailed or electronically transferred. An

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

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

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

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

18  with the payment of the claim.

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

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

21  resolution process related to a denied claim not under active

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

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

24  the provider's request for review or appeal.

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

26  regardless of whether the provider is under contract with the

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

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

29  credit agency an insured for payment of covered services for

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

31  claim. This prohibition applies during the pendency of any

                                  18

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  for payment of the services or internal dispute resolution

  3  process to determine whether the health insurer is liable for

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

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

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

  7  resolution process, not to exceed 60 days.

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

  9  voided, or nullified by contract.

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

11  claim because of insured ineligibility more than 1 year after

12  the date of payment of the claim.

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

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

15  contract, for providing inpatient services in a contracted

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

17  health insurer to be medically necessary and covered services

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

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

20  insurer shall investigate any claim of improper billing by a

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

22  insurer shall determine if the insured was properly billed for

23  only those procedures and services that the insured actually

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

25  improperly billed, the insurer shall notify the insured and

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

27  payment to the provider by the amount determined to be

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

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

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

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

                                  19

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  627.6131(4)(a), (b), (c), and (e) and (5)(a), (b), (c), and

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

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

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

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

  7  determined by dividing the number of claims with violations

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

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

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

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

12  claims payment violations which exceed the error ratio.

13  Notwithstanding the provisions of this section, the department

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

15  627.6131(4)(e) and (5)(e) which create an uncontestable

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

17  insurers for violations which the department determines were

18  due to circumstances beyond the insurer's control.

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

20  medical expense health insurance policy as defined in s.

21  627.643(2)(e) offered by a group or an individual health

22  insurer licensed pursuant to chapter 624, including a

23  preferred provider policy under s. 627.6471 and an exclusive

24  provider organization under s. 627.6472 or a group or

25  individual insurance contract that only provides direct

26  payments to dentists for enumerated dental services.

27         (16)  Notwithstanding s. 627.6131(4)(b), where an

28  electronic pharmacy claim is submitted to a pharmacy benefits

29  manager acting on behalf of a health insurer the pharmacy

30  benefits manager shall, within 30 days of receipt of the

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

                                  20

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

  3  on the date the notice or payment was mailed or electronically

  4  transferred.

  5         (17)  Notwithstanding s. 627.6131(5)(a), effective

  6  November 1, 2003, where a nonelectronic pharmacy claim is

  7  submitted to a pharmacy benefits manager acting on behalf of a

  8  health insurer the pharmacy benefits manager shall provide

  9  acknowledgment of receipt of the claim within 30 days after

10  receipt of the claim to the provider or provide a provider

11  within 30 days after receipt with electronic access to the

12  status of a submitted claim.

13         Section 6.  Section 627.6135, Florida Statutes, is

14  created to read:

15         627.6135  Treatment authorization; payment of claims.--

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

17  consists of any requirement of a provider to obtain prior

18  approval or to provide documentation relating to the necessity

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

20  reimbursement for the treatment or service prior to the

21  treatment or service. Each authorization request from a

22  provider must be assigned an identification number by the

23  health insurer.

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

25  authorization, the health insurer shall make a determination

26  within a reasonable time appropriate to medical circumstance

27  indicating whether the treatment or services are authorized.

28  For urgent care requests for which the standard timeframe for

29  the health insurer to make a determination would seriously

30  jeopardize the life or health of an insured or would

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

                                  21

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  health insurer must notify the provider as to its

  2  determination as soon as possible taking into account medical

  3  exigencies.

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

  5  assigned an identification number. Each authorization provided

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

  7  authorization, a timeframe of the authorization, length of

  8  stay if applicable, identification number of the

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

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

11  provider follows the health insurer's authorization procedures

12  and receives authorization for a covered service for an

13  eligible insured unless the provider provided information to

14  the health insurer with the intention to misinform the health

15  insurer.

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

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

18  material change in such requirements must be provided to all

19  contracted providers and upon request to all noncontracted

20  providers. A health insurer that makes such requirements and

21  advance notices accessible to providers and insureds

22  electronically shall be deemed to be in compliance with this

23  subsection.

24         Section 7.  Paragraph (a) of subsection (2) of section

25  627.6425, Florida Statutes, is amended to read:

26         627.6425  Renewability of individual coverage.--

27         (2)  An insurer may nonrenew or discontinue health

28  insurance coverage of an individual in the individual market

29  based only on one or more of the following:

30         (a)  The individual has failed to pay premiums, or

31  contributions, or a required copayment payable to the insurer

                                  22

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  in accordance with the terms of the health insurance coverage

  2  or the insurer has not received timely premium payments. When

  3  the copayment is payable to the insurer and exceeds $300 the

  4  insurer shall allow the insured up to ninety days from the

  5  date of the procedure to pay the required copayment. The

  6  insurer shall print in 10 point type on the Declaration of

  7  Benefits page notification that the insured could be

  8  terminated for failure to make any required copayment to the

  9  insurer.

10         Section 8.  Subsection (4) of section 627.651, Florida

11  Statutes, is amended to read:

12         627.651  Group contracts and plans of self-insurance

13  must meet group requirements.--

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

15  established or maintained by an individual employer in

16  accordance with the Employee Retirement Income Security Act of

17  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

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

19  multiple-employer welfare arrangement shall comply with ss.

20  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

21  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(6).

22  This subsection does not allow an authorized insurer to issue

23  a group health insurance policy or certificate which does not

24  comply with this part.

25         Section 9.  Section 627.662, Florida Statutes, is

26  amended to read:

27         627.662  Other provisions applicable.--The following

28  provisions apply to group health insurance, blanket health

29  insurance, and franchise health insurance:

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

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

                                  23

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  identification numbers and statement of deductible provisions.

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

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

  5  hospital or medical services.

  6         (5)  Section 627.640, relating to filing and

  7  classification of rates.

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

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

10         (7)  Section 627.6135, relating to treatment

11  authorizations and payment of claims.

12         (8)(6)  Section 627.645(1), relating to denial of

13  claims.

14         (9)(7)  Section 627.613, relating to time of payment of

15  claims.

16         (10)(8)  Section 627.6471, relating to preferred

17  provider organizations.

18         (11)(9)  Section 627.6472, relating to exclusive

19  provider organizations.

20         (12)(10)  Section 627.6473, relating to combined

21  preferred provider and exclusive provider policies.

22         (13)(11)  Section 627.6474, relating to provider

23  contracts.

24         Section 10.  Subsection (2) of section 627.638, Florida

25  Statutes, is amended to read:

26         627.638  Direct payment for hospital, medical

27  services.--

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

29  insured specifically authorizes payment of benefits directly

30  to any recognized hospital or physician, the insurer shall

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

                                  24

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  unless otherwise provided in the insurance contract. However,

  2  if:

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

  4  terms of the policy;

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

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

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

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

  9  recognized hospital, physician, or other licensed provider,

10

11  payments shall be made directly to the recognized hospital,

12  physician, or other licensed provider, notwithstanding any

13  contrary provisions in the insurance contract.

14         Section 11.  Paragraph (e) of subsection (1) of section

15  641.185, Florida Statutes, is amended to read:

16         641.185  Health maintenance organization subscriber

17  protections.--

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

19  part III, the principles expressed in the following statements

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

21  Insurance and the Agency for Health Care Administration in

22  exercising their powers and duties, in exercising

23  administrative discretion, in administrative interpretations

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

25  rules:

26         (e)  A health maintenance organization subscriber

27  should receive timely, concise information regarding the

28  health maintenance organization's reimbursement to providers

29  and services pursuant to ss. 641.31 and 641.31015 and should

30  receive prompt payment from the organization pursuant to s.

31  641.3155.

                                  25

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         Section 12.  Subsection (4) is added to section

  2  641.234, Florida Statutes, to read:

  3         641.234  Administrative, provider, and management

  4  contracts.--

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

  6  health care risk contract, transfers to any entity the

  7  obligations to pay any provider for any claims arising from

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

  9  the organization, the health maintenance organization shall

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

11  641.3156, and 641.51(4). The provisions of ss.

12  624.418-624.4211 and 641.52 shall apply to any such

13  violations.

14         (b)  As used in this subsection:

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

16  contract under which an entity receives compensation in

17  exchange for providing to the health maintenance organization

18  a provider network or other services, which may include

19  administrative services.

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

21  administrator under s. 626.88 and does not include any

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

23  providing services under the scope of the license of the

24  provider or the members of the group practice.

25         Section 13.  Subsection (1) of section 641.30, Florida

26  Statutes, is amended to read:

27         641.30  Construction and relationship to other laws.--

28         (1)  Every health maintenance organization shall accept

29  the standard health claim form prescribed pursuant to s.

30  641.3155 627.647.

31         Section 14.  Subsection (4) of section 641.3154,

                                  26

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  Florida Statutes, is amended to read:

  2         641.3154  Organization liability; provider billing

  3  prohibited.--

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

  5  regardless of whether the provider is under contract with the

  6  health maintenance organization, may not collect or attempt to

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

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

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

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

11  organization is liable. This prohibition applies during the

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

13  organization for payment of the services and any legal

14  proceedings or dispute resolution process to determine whether

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

16  informed that such proceedings are taking place. It is

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

18  that an organization is liable unless:

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

20  it accepts liability;

21         (b)  A court of competent jurisdiction determines that

22  the organization is liable; or

23         (c)  The department or agency makes a final

24  determination that the organization is required to pay for

25  such services subsequent to a recommendation made by the

26  Statewide Provider and Subscriber Assistance Panel pursuant to

27  s. 408.7056; or

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

29  organization is required to pay for such services subsequent

30  to a recommendation made by a resolution organization pursuant

31  to s. 408.7057.

                                  27

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         Section 15.  Section 641.3155, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

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

  5         641.3155  Prompt payment of claims.--

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

  7  noninstitutional provider means a paper or electronic billing

  8  instrument submitted to the health maintenance organization's

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

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

11  physician licensed under chapter 458, chapter 459, chapter

12  460, chapter 461, chapter 463, or chapter 490 or any

13  appropriate billing instrument that has all mandatory entries

14  for any other noninstitutional provider. For institutional

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

16  instrument submitted to the health maintenance organization's

17  designated location that consists of the UB-92 data set or its

18  successor that has all mandatory entries.

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

20  nonelectronic:

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

22  received by the organization at its designated claims receipt

23  location.

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

25  organization within 9 months after completion of the service

26  and the provider is furnished with the correct name and

27  address of the patient's health insurer.

28         (c)  Must not duplicate a claim previously submitted

29  unless it is determined that the original claim was not

30  received or is otherwise lost.

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

                                  28

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  maintenance organization shall:

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

  3  business day after receipt of the claim, provide electronic

  4  acknowledgment of the receipt of the claim to the electronic

  5  source submitting the claim.

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

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

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

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

10  the notice or payment was mailed or electronically

11  transferred.

12         (c)1.  Notification of the health maintenance

13  organization's determination of a contested claim must be

14  accompanied by an itemized list of additional information or

15  documents the insurer can reasonably determine are necessary

16  to process the claim.

17         2.  A provider must submit the additional information

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

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

20  to submit by mail or electronically the additional information

21  or documentation requested within 35 days after receipt of the

22  notification may result in denial of the claim.

23         3.  A health maintenance organization may not make more

24  than one request for documents under this paragraph in

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

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

27  documents submitted by the provider raise new additional

28  issues not included in the original written itemization, in

29  which case the health maintenance organization may provide the

30  provider with one additional opportunity to submit the

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

                                  29

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  may the health maintenance organization request duplicate

  2  documents.

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

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

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

  6  health maintenance organization and the provider.

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

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

  9  within 120 days after receipt of the claim creates an

10  uncontestable obligation to pay the claim.

11         (4)  For all nonelectronically submitted claims, a

12  health maintenance organization shall:

13         (a)  Effective November 1, 2003, provide

14  acknowledgement of receipt of the claim within 15 days after

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

16  provider or designee within 15 days after receipt with

17  electronic access to the status of a submitted claim.

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

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

20  contested.  Notice of the health maintenance organization's

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

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

23  electronically transferred.

24         (c)1.  Notification of the health maintenance

25  organization's determination of a contested claim must be

26  accompanied by an itemized list of additional information or

27  documents the organization can reasonably determine are

28  necessary to process the claim.

29         2.  A provider must submit the additional information

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

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

                                  30

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  to submit by mail or electronically the additional information

  2  or documentation requested within 35 days after receipt of the

  3  notification may result in denial of the claim.

  4         3.  A health maintenance organization may not make more

  5  than one request for documents under this paragraph in

  6  connection with a claim unless the provider fails to submit

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

  8  documents submitted by the provider raise new additional

  9  issues not included in the original written itemization, in

10  which case the health maintenance organization may provide the

11  provider with one additional opportunity to submit the

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

13  may the health maintenance organization request duplicate

14  documents.

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

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

17  payments 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.

23         (5)  If a health maintenance organization determines

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

25  rendered to a subscriber, the health maintenance organization

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

27  organization that makes a claim for overpayment to a provider

28  under this section shall give the provider a written or

29  electronic statement specifying the basis for the retroactive

30  denial or payment adjustment.  The health maintenance

31  organization must identify the claim or claims, or overpayment

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

  2  submitted.

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

  4  retroactive review or audit of coverage decisions or payment

  5  levels not related to fraud, a health maintenance organization

  6  shall adhere to the following procedures:

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

  8  provider within 30 months after the health maintenance

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

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

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

12  All contested claims for overpayment must be paid or denied

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

14  deny overpayment and claim within 140 days after receipt

15  creates an uncontestable obligation to pay the claim.

16         2.  A provider that denies or contests a health

17  maintenance organization's claim for overpayment or any

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

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

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

21  the claim for overpayment is denied or contested must identify

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

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

24  include a request for additional information.  If the

25  organization submits additional information, the organization

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

27  electronically transfer the information to the provider.  The

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

29  days after receipt of the information.  The notice is

30  considered made on the date the notice is mailed or

31  electronically transferred by the provider.

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         3.  Failure of a health maintenance organization to

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

  3  additional information regarding the claim within 35 days

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

  5  claim.

  6         4.  The health maintenance organization may not reduce

  7  payment to the provider for other services unless the provider

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

  9  health maintenance organization's overpayment claim as

10  required by this paragraph.

11         5.  Payment of an overpayment claim is considered made

12  on the date the payment was mailed or electronically

13  transferred.  An overdue payment of a claim bears simple

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

15  overdue payment for a claim for an overpayment payment begins

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

17  contested.

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

19  beyond 30 months after the health maintenance organization's

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

21  sought beyond that time from providers convicted of fraud

22  pursuant to s. 817.234.

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

24  the payment was mailed or electronically transferred. An

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

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

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

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

29  with the payment of the claim.

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

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

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  internal dispute resolution process related to a denied claim

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

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

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

  5  appeal.

  6         (b)  All claims to a health maintenance organization

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

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

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

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

11  of the statewide provider and managed care organization claim

12  dispute resolution program pursuant to s. 408.7057.

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

14  regardless of whether the provider is under contract with the

15  health maintenance organization, may not collect or attempt to

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

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

18  services for which the health maintenance organization

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

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

21  the provider to the health maintenance organization for

22  payment of the services or internal dispute resolution process

23  to determine whether the health maintenance organization is

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

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

26  the date of the completion of the health maintenance

27  organization's internal dispute resolution process, not to

28  exceed 60 days.

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

30  voided, or nullified by contract.

31         (10)  A health maintenance organization may not

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  retroactively deny a claim because of subscriber ineligibility

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

  3         (11)  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 health maintenance organization to be

  8  medically necessary and covered services under the health

  9  maintenance organization's contract with the contract holder.

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

11  health maintenance organization shall investigate any claim of

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

13  care provider. The organization shall determine if the

14  subscriber was properly billed for only those procedures and

15  services that the subscriber actually received. If the

16  organization determines that the subscriber has been

17  improperly billed, the organization shall notify the

18  subscriber and the provider of its findings and shall reduce

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

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

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

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

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

24  established for health maintenance organizations' claims

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

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

27  insurer does not exceed the permissible error ratio of 5

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

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

30  shall be determined by dividing the number of claims with

31  violations found on a statistically valid sample of claims for

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

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

  4  those claims payment violations which exceed the error ratio.

  5  Notwithstanding the provisions of this section, the department

  6  may fine a health maintenance organization for claims payment

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

  8  uncontestable obligation to pay the claim.  The department

  9  shall not fine organizations for violations which the

10  department determines were due to circumstances beyond the

11  organization's control.

12         (14)  This section shall apply to all claims or any

13  portion of a claim submitted by a health maintenance

14  organization subscriber under a health maintenance

15  organization subscriber contract to the organization for

16  payment.

17         (15)  Notwithstanding s. 641.3155(3)(b), where an

18  electronic pharmacy claim is submitted to a pharmacy benefits

19  manager acting on behalf of a health maintenance organization

20  the pharmacy benefits manager shall, within 30 days of receipt

21  of the claim, pay the claim or notify a provider or designee

22  if a claim is denied or contested.  Notice of the

23  organization's action on the claim and payment of the claim is

24  considered to be made on the date the notice or payment was

25  mailed or electronically transferred.

26         (16)  Notwithstanding s. 641.3155(4)(a), effective

27  November 1, 2003, where a nonelectronic pharmacy claim is

28  submitted to a pharmacy benefits manager acting on behalf of a

29  health maintenance organization the pharmacy benefits manager

30  shall provide acknowledgment of receipt of the claim within 30

31  days after receipt of the claim to the provider or provide a

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  provider within 30 days after receipt with electronic access

  2  to the status of a submitted claim.

  3         Section 16.  Section 641.3156, Florida Statutes, is

  4  amended to read:

  5         641.3156  Treatment authorization; payment of claims.--

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

  7  consists of any requirement of a provider to obtain prior

  8  approval or to provide documentation relating to the necessity

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

10  reimbursement for the treatment or service prior to the

11  treatment or service. Each authorization request from a

12  provider must be assigned an identification number by the

13  health maintenance organization A health maintenance

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

15  claim for treatment for an eligible subscriber which was

16  authorized by a provider empowered by contract with the health

17  maintenance organization to authorize or direct the patient's

18  utilization of health care services and which was also

19  authorized in accordance with the health maintenance

20  organization's current and communicated procedures, unless the

21  provider provided information to the health maintenance

22  organization with the willful intention to misinform the

23  health maintenance organization.

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

25  provider follows the health maintenance organization's

26  authorization procedures and receives authorization for a

27  covered service for an eligible subscriber, unless the

28  provider provided information to the health maintenance

29  organization with the willful intention to misinform the

30  health maintenance organization.

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

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1  authorization, the health maintenance organization shall make

  2  a determination within a reasonable time appropriate to

  3  medical circumstance indicating whether the treatment or

  4  services are authorized. For urgent care requests for which

  5  the standard timeframe for the health maintenance organization

  6  to make a determination would seriously jeopardize the life or

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

  8  ability to regain maximum function, a health maintenance

  9  organization must notify the provider as to its determination

10  as soon as possible taking into account medical exigencies.

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

12  assigned an identification number. Each authorization provided

13  by a health maintenance organization must include the date of

14  request of authorization, timeframe of the authorization,

15  length of stay if applicable, identification number of the

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

17         (5)  A health maintenance organization's requirements

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

19  advance notice of material change in such requirements must be

20  provided to all contracted providers and upon request to all

21  noncontracted providers. A health maintenance organization

22  that makes such requirements and advance notices accessible to

23  providers and subscribers electronically shall be deemed to be

24  in compliance with this paragraph.

25         (6)(3)  Emergency services are subject to the

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

27  of this section.

28         Section 17.  Except as otherwise provided herein, this

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

30  claims for services rendered after such date.

31

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (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 care; amending s.

  7         408.036, F.S.; exempting certain services,

  8         construction, or programs from

  9         certificate-of-need review requirements for

10         existing health facilities under certain

11         circumstances; specifying requirements;

12         requiring the Agency for Health Care

13         Administration to adopt rules and monitor

14         programs for compliance; providing conditions

15         for expiration of an exemption and for

16         prohibiting another exemption for a specified

17         period; providing application; revising the

18         exemption from certificate-of-need requirements

19         for a satellite hospital; amending s. 408.043,

20         F.S.; specifying that certain hospitals in

21         certain counties may add additional beds

22         without agency review under certain

23         circumstances; amending s. 408.7057, F.S.;

24         redesignating a program title; revising

25         definitions; including preferred provider

26         organizations and health insurers in the claim

27         dispute resolution program; specifying

28         timeframes for submission of supporting

29         documentation necessary for dispute resolution;

30         providing consequences for failure to comply;

31         providing additional responsibilities for the

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         agency relating to patterns of claim disputes;

  2         providing timeframes for review by the

  3         resolution organization; directing the agency

  4         to notify appropriate licensure and

  5         certification entities as part of violation of

  6         final orders; amending s. 626.88, F.S.;

  7         redefining the term "administrator," with

  8         respect to regulation of insurance

  9         administrators; creating s. 627.6131, F.S.;

10         specifying payment of claims provisions

11         applicable to certain health insurers;

12         providing a definition; providing requirements

13         and procedures for paying, denying, or

14         contesting claims; providing criteria and

15         limitations; requiring payment within specified

16         periods; specifying rate of interest charged on

17         overdue payments; providing for electronic and

18         nonelectronic transmission of claims; providing

19         procedures for overpayment recovery; specifying

20         timeframes for adjudication of claims,

21         internally and externally; prohibiting action

22         to collect payment from an insured under

23         certain circumstances; providing applicability;

24         prohibiting contractual modification of

25         provisions of law; specifying circumstances for

26         retroactive claim denial; specifying claim

27         payment requirements; providing for billing

28         review procedures; specifying claim content

29         requirements; establishing a permissible error

30         ratio, specifying its applicability, and

31         providing for fines; providing specified

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         exceptions from notice and acknowledgment

  2         requirements for pharmacy benefit manager

  3         claims; creating s. 627.6135, F.S., relating to

  4         treatment authorization; providing a

  5         definition; specifying circumstances for

  6         authorization timeframes; specifying content

  7         for response to authorization requests;

  8         providing for an obligation for payment, with

  9         exception; providing authorization procedure

10         notice requirements; amending s. 627.6425,

11         F.S., relating to renewability of individual

12         coverage; providing for circumstances relating

13         to nonrenewal or discontinuance of coverage;

14         amending s. 627.651, F.S.; correcting a cross

15         reference, to conform; amending s. 627.662,

16         F.S.; specifying application of certain

17         additional provisions to group, blanket, and

18         franchise health insurance; amending s.

19         627.638, F.S.; revising requirements relating

20         to direct payment of benefits to specified

21         providers under certain circumstances; amending

22         s. 641.185, F.S.; specifying that health

23         maintenance organization subscribers should

24         receive prompt payment from the organization;

25         amending s. 641.234, F.S.; specifying

26         responsibility of a health maintenance

27         organization for certain violations under

28         certain circumstances; amending s. 641.30,

29         F.S.; conforming a cross reference; amending s.

30         641.3154, F.S.; modifying the circumstances

31         under which a provider knows that an

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         organization is liable for service

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

  3         revising payment of claims provisions

  4         applicable to certain health maintenance

  5         organizations; providing a definition;

  6         providing requirements and procedures for

  7         paying, denying, or contesting claims;

  8         providing criteria and limitations; requiring

  9         payment within specified periods; revising rate

10         of interest charged on overdue payments;

11         providing for electronic and nonelectronic

12         transmission of claims; providing procedures

13         for overpayment recovery; specifying timeframes

14         for adjudication of claims, internally and

15         externally; prohibiting action to collect

16         payment from a subscriber under certain

17         circumstances; prohibiting contractual

18         modification of provisions of law; specifying

19         circumstances for retroactive claim denial;

20         specifying claim payment requirements;

21         providing for billing review procedures;

22         specifying claim content requirements;

23         establishing a permissible error ratio,

24         specifying its applicability, and providing for

25         fines; providing specified exceptions from

26         notice and acknowledgment requirements for

27         pharmacy benefit manager claims; amending s.

28         641.3156, F.S., relating to treatment

29         authorization; providing a definition;

30         specifying circumstances for authorization

31         timeframes; specifying content for response to

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





  1         authorization requests; providing for an

  2         obligation for payment, with exception;

  3         providing authorization procedure notice

  4         requirements; providing effective dates.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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