Senate Bill sb1188

    Florida Senate - 2007                                  SB 1188

    By Senator Lynn





    7-1340-07                                               See HB

  1                      A bill to be entitled

  2         An act relating to health insurance; creating

  3         s. 627.6385, F.S.; prohibiting health insurers

  4         from paying insureds for certain life support

  5         or air ambulance services benefits assigned to

  6         certain entities; providing for continued

  7         health insurer liability to certain entities

  8         for such benefits under certain circumstances;

  9         specifying rights to charge certain rates and

10         demand and receive certain payments; providing

11         an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 627.6385, Florida Statutes, is

16  created to read:

17         627.6385  Life support or air ambulance services;

18  insurer payment restrictions.--

19         (1)  A health insurer shall not pay benefits to an

20  insured for basic or advanced life support services or air

21  ambulance services as defined in s. 401.23 rendered by a

22  public or private entity when the insured's rights to those

23  benefits have been assigned to the provider of such services.

24  When any health insurer has notice of such assignment prior to

25  payment, any payment to the insured shall not release the

26  health insurer from liability to the provider to which the

27  benefits have been assigned, and such direct payment to the

28  insured shall not be a defense to any action by the provider

29  against the health insurer to collect the assigned benefits.

30         (2)  Any provider of basic or advanced life support

31  services or air ambulance services receiving a direct

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






    Florida Senate - 2007                                  SB 1188
    7-1340-07                                               See HB




 1  reimbursement from a health insurer shall retain the right to

 2  charge a reasonable rate for providing such services. The

 3  acceptance of the direct reimbursement shall not constitute a

 4  waiver by the provider to demand and receive from the health

 5  insurer payment based on reasonable rates. The provider also

 6  retains the right to demand and receive payment based on a

 7  reasonable rate from the insured for the portion of the charge

 8  for these services that is subject to a deductible or a

 9  copayment according to the terms of the health insurance

10  policy.

11         Section 2.  This act shall take effect July 1, 2007.

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