SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
                            CHAMBER ACTION
              Senate                               House
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       04/30/2003 11:07 AM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 29, line 26, through
15            page 75, line 24, delete those lines
16  
17  and insert:  
18         Section 8.  Section 408.7058, Florida Statutes, is
19  created to read:
20         408.7058  Statewide health care practitioner and
21  personal injury protection insurer claim dispute resolution
22  program.--
23         (1)  As used in this section:
24         (a)  "Agency" means the Agency for Health Care
25  Administration.
26         (b)  "Resolution organization" means a qualified
27  independent third-party claim dispute resolution entity
28  selected by and contracted with the Agency for Health Care
29  Administration.
30         (c)  "Health care practitioner" means a health care
31  practitioner defined in s. 456.001(4).
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1         (d)  "Claim" means a claim for payment for services
 2  submitted under s. 627.736(5).
 3         (e)  "Claim dispute" means a dispute between a health
 4  care practitioner and an insurer as to the proper coding of a
 5  charge submitted on a claim under s. 627.736(5) by a health
 6  care practitioner, or as to the reasonableness of the amount
 7  charged by the health care practitioner.
 8         (f)  "Insurer" means an insurer providing benefits
 9  under s. 627.736.
10         (2)(a)  The agency shall establish a program by January
11  1, 2004, to provide assistance to health care practitioners
12  and insurers for resolution of claim disputes that are not
13  resolved by the health care practitioner and the insurer. The
14  agency shall contract with a resolution organization to timely
15  review and consider claim disputes submitted by health care
16  practitioners and insurers and recommend to the agency an
17  appropriate resolution of those disputes.
18         (b)  The resolution organization shall review claim
19  disputes filed by health care practitioners and insurers
20  pursuant to this section when a notice of participation is
21  submitted pursuant to subsection (3), unless a demand letter
22  has been submitted to the insurer under s. 627.736(11) or a
23  suit has been filed on the claim against the insurer relating
24  to the disputed claim.
25         (3)  Resolutions by the resolution organization shall
26  be initiated as follows:
27         (a)  A health care practitioner may initiate a dispute
28  resolution by submitting a notice of dispute within 10 days
29  after receipt of a payment under s. 627.736(5)(b), which
30  payment is less than the amount of the charge submitted on the
31  claim. The notice of dispute shall be submitted to both the
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1  agency and the insurer by United States certified mail or
 2  registered mail, return receipt requested. The health care
 3  practitioner shall include with the notice of dispute any
 4  documentation that the health care practitioner wishes the
 5  resolution organization to consider which demonstrates that
 6  the charge or charges submitted on the claim are reasonable.
 7  The insurer shall have 10 days after the date of receipt of
 8  the notice of dispute within which to submit both to the
 9  resolution organization and the health care practitioner by
10  United States certified mail or registered mail, return
11  receipt requested, a notice of participation in the dispute
12  resolution and any documentation that the insurer wishes the
13  resolution organization to consider which demonstrates that
14  the charge or charges submitted on the claim are not
15  reasonable.
16         (b)  An insurer may initiate a dispute resolution prior
17  to the claim being overdue, including any additional time the
18  insurer has to pay the claim pursuant to paragraph (4)(b), by
19  submitting a notice of dispute together with a payment to the
20  health care practitioner under s. 627.736(5)(b) of the amount
21  the insurer contends is the highest proper reasonable charge
22  for the claim. The notice of dispute shall be submitted to
23  both the agency and the health care practitioner by United
24  States certified mail or registered mail, return receipt
25  requested. The insurer shall include with the notice of
26  dispute any documentation that the insurer wishes the
27  resolution organization to consider which demonstrates that
28  the charge or charges submitted on the claim are not
29  reasonable. The health care practitioner shall have 10 days
30  after the date of receipt of the notice of dispute within
31  which to submit both to the resolution organization and the
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1  insurer by United States certified mail or registered mail,
 2  return receipt requested, a notice of participation in the
 3  dispute resolution and any documentation that the health care
 4  practitioner wishes the resolution organization to consider
 5  which demonstrates that the charge or charges submitted on the
 6  claim are reasonable.
 7         (c)  An insurer or health care practitioner may refuse
 8  to participate in a dispute resolution by not submitting a
 9  notice of participation in the dispute resolution pursuant to
10  paragraph (a) or (b). An insurer or health care practitioner
11  shall not be liable for the review costs, as established
12  pursuant to subsection (8), of the dispute resolution
13  conducted pursuant to this section unless it has participated
14  in the dispute resolution pursuant to this subsection and is
15  liable for such costs pursuant to subsection (6).
16         (d)  Upon initiation of a dispute resolution pursuant
17  to this section, no demand letter under s. 627.736(11) may be
18  sent in regard to the subject matter of the dispute resolution
19  unless:
20         1.  A notice of participation has not been timely
21  submitted pursuant to paragraphs (a) or (b);
22         2.  The dispute resolution organization or the agency
23  has not been able to issue a notice of resolution or final
24  order within the time provided pursuant to subsection (6); or
25         3.  The insurer has failed to pay the reasonable amount
26  pursuant to the final order adopting the notice of resolution
27  together with the interest and penalties specified in
28  subsection (6), if applicable.
29         (e)  The applicable statute of limitations shall be
30  tolled while a dispute resolution is pending and for a period
31  of 15 business days following:
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1         1.  Expiration of time for the submission of a notice
 2  of participation pursuant to paragraphs (a) or (b);
 3         2.  Expiration of time for the filing of the final
 4  order adopting the notice of resolution pursuant to subsection
 5  (6); or
 6         3.  The filing, with the agency clerk, of the final
 7  order adopting the notice of resolution.
 8         (4)(a)  The resolution organization shall issue a
 9  notice of resolution within 10 business days after the date
10  the organization receives all documentation from the health
11  care practitioner or the insurer pursuant to subsection (3).
12         (b)  The resolution organization shall dismiss a notice
13  of dispute if:
14         1.  The resolution organization has not received a
15  notice of participation pursuant to subsection (3) within 15
16  days after receiving a notice of dispute; or
17         2.  The dispute resolution organization is unable to
18  issue a notice of resolution within the time provided by
19  subsection (5); however, the parties may with mutual agreement
20  extend the time for the issuance of the notice of resolution
21  by sending the dispute resolution organization a written
22  notice of extension signed by both parties and specifying the
23  date by which a notice of resolution must be issued or the
24  notice of dispute will be deemed dismissed.
25         (c)  The resolution organization may, in its
26  discretion, schedule and conduct a telephone conference with
27  the health care practitioner and the insurer to facilitate the
28  dispute resolution in a cost-effective, efficient manner.
29         (d)  In determining the reasonableness of a charge or
30  charges, the resolution organization may consider whether a
31  billing code or codes submitted on the claim are the codes
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1  that accurately reflect the diagnostic or treatment service on
 2  the claim or whether the billing code or codes should be
 3  bundled or unbundled.
 4         (e)  In determining the reasonableness of a charge or
 5  charges, the resolution organization shall determine whether
 6  the charge or charges are less than or equal to the highest
 7  reasonable charge or charges that represent the usual and
 8  customary rates charged by similar health care practitioners
 9  licensed under the same chapter for the geographic area of the
10  health care practitioner involved in the dispute, and, if the
11  charges in dispute are less than or equal to such charges, the
12  resolution organization shall find them reasonable. In
13  determining the usual and customary rates in accordance with
14  this paragraph, the dispute resolution organization may not
15  take into consideration any information relating to, or based
16  wholly or partially on, any governmentally set fee schedule or
17  any contracted-for or discounted rates charged by health care
18  practitioners who contract with health insurers, health
19  maintenance organizations, or managed care organizations.
20         (f)  A health care practitioner, who must be licensed
21  under the same chapter as the health care practitioner
22  involved in the dispute, may be used to advise the resolution
23  organization if such advice will assist the resolution
24  organization in resolving the dispute in a more
25  cost-effective, efficient manner.
26         (5)(a)  The resolution organization shall issue a
27  notice of resolution within 10 business days after receipt of
28  the notice of participation pursuant to subsection (3). The
29  notice of resolution shall be based upon findings of fact and
30  shall be considered a recommended order. The notice of
31  resolution shall be submitted to the health care practitioner
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1  and the insurer by United States certified mail or registered
 2  mail, return receipt requested, and to the agency.
 3         (b)  The notice of resolution shall state:
 4         1.  Whether the charge or charges submitted on the
 5  claim are reasonable; or
 6         2.  If the resolution organization finds that any
 7  charge or charges submitted on the claim are not reasonable,
 8  the highest amount for such charge or charges that the
 9  resolution organization finds to be reasonable.
10         (6)(a)  In the event that the notice of resolution
11  finds that any charge or charges submitted on the claim are
12  not reasonable but that the highest reasonable charge or
13  charges are more than the amount or amounts paid by the
14  insurer, the insurer shall pay the additional amount found to
15  be reasonable within 10 business days after receipt of the
16  final order adopting the notice of resolution, together with
17  applicable interest under s. 627.736(4)(c) and a penalty of 10
18  percent of the additional amount found to be reasonable,
19  subject to a maximum penalty of $250.
20         (b)  In the event that the notice of resolution finds
21  that the charge or charges submitted on the claim are
22  reasonable, the insurer shall pay the additional amount or
23  amounts found to be reasonable within 10 business days after
24  receipt of the final order adopting the notice of resolution,
25  together with applicable interest under s. 627.736(4)(c) and a
26  penalty of 20 percent of the additional amount found to be
27  reasonable, subject to a maximum penalty of $500.
28         (c)  In the event that the final order adopting the
29  notice of resolution finds that the amount or amounts paid by
30  the insurer are equal to or greater than the highest
31  reasonable charge, the insurer shall not be liable for any
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1  interest or penalties.
 2         (d)  The agency shall issue a final order adopting the
 3  notice of resolution within 10 days after receipt of the
 4  notice of resolution. The final order shall be submitted to
 5  the health care practitioner and the insurer by United States
 6  certified mail or registered mail, return receipt requested.
 7         (7)(a)  If the insurer has paid the highest reasonable
 8  amount or amounts as determined by the final order adopting
 9  the notice of resolution, together with the interest and
10  penalties provided in subsection (6), if applicable, then no
11  civil action by the health care practitioner shall lie against
12  the insurer on the basis of the reasonableness of the charge
13  or charges, and no attorney's fees may be awarded for legal
14  assistance related to the charge or charges. The injured party
15  is not liable for, and the health care practitioner shall not
16  bill the injured party for, any amounts other than the
17  copayment and any applicable deductible based on the highest
18  reasonable amount as determined by the final order adopting
19  the notice of resolution.
20         (b)  The notice of dispute and all documents submitted
21  by the health care practitioner and the insurer, together with
22  the notice of resolution and the final order adopting the
23  notice of resolution, may be introduced into evidence in any
24  civil action if such documents are admissible pursuant to the
25  Florida Evidence Code.
26         (8)  The insurer shall be responsible for payment of
27  the entirety of the review costs established pursuant to
28  subsection (9).
29         (9)  The agency shall adopt rules to establish a
30  process to be used by the resolution organization in
31  considering claim disputes submitted by a health care
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 604654
 1  practitioner or insurer and the fees that may be charged by
 2  the agency for processing disputes under this section. Such
 3  fees may not exceed $75.00 for each review.
 4  
 5  (Redesignate subsequent sections.)
 6  
 7  
 8  ================ T I T L E   A M E N D M E N T ===============
 9  And the title is amended as follows:
10         On page 2, line 10, through
11            page 3, line 2, delete those lines
12  
13  and insert:
14         vehicle insurance fraud; creating s. 408.7058,
15         F.S.; providing definitions; creating a dispute
16         resolution organization for disputes between
17         health care practitioners and insurers;
18         providing duties of the Agency for Health Care
19         Administration; providing duties of the dispute
20         resolution organization; providing procedures,
21         requirements, limitations, and restrictions for
22         resolving disputes; providing agency rulemaking
23         authority; amending
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