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
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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
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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
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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
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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
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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
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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
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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,
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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.
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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,
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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.
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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
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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
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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
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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.
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