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The Committee on Banking and Insurance (Gaetz) recommended the

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following substitute for amendment (495222):

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     Senate Amendment (with title amendments)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 627.638, Florida Statutes, is amended

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to read:

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     627.638  Direct payment for hospital, medical services.--

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     (1) A Any health insurance policy insuring against loss or

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expense due to hospital confinement or to medical and related

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services may provide for payment of benefits directly to any

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recognized hospital, licensed ambulance provider, physician

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doctor, or other person who provided the services, in accordance

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with the provisions of the policy. To comply with this section,

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the words "or to the hospital, licensed ambulance provider,

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physician doctor, or person rendering services covered by this

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policy," or similar words appropriate to the terms of the

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policy, must shall be added to applicable provisions of the

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policy.

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

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insured specifically authorizes payment of benefits directly to

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any recognized hospital, licensed ambulance provider, physician,

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or dentist, the insurer shall make such payment to the

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designated provider of such services, unless otherwise provided

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in the insurance contract. The insurance contract may not

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prohibit, and claims forms must provide an option for, the

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payment of benefits directly to a licensed hospital, licensed

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ambulance provider, physician, or dentist for care provided

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pursuant to s. 395.1041. The insurer may require written

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attestation of assignment of benefits. The attestation assigning

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benefits must be in writing but may be transferred to the

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insurer in electronic form. Payment to the provider from the

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insurer may not be more than the amount that the insurer would

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otherwise have paid without the assignment.

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     Section 2.  Section 627.64731, Florida Statutes, is created

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to read:

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     627.64731 Leasing, renting, or granting access to a

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preferred provider or exclusive provider.--

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     (1) An insurer or administrator may not lease, rent, or

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otherwise grant access to the health care services of a

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preferred provider or an exclusive provider under a health care

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contract unless expressly authorized by the health care

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contract. At the time a health care contract is entered into

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with a preferred provider or exclusive provider, the insurer

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shall, to the extent possible, identify in the contract any

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third party to which the insurer or administrator has granted

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access to the health care services of the preferred provider or

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exclusive provider. A third party that is granted access must

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comply with all the applicable terms of the health care

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contract.

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(2) An insurer or administrator must notify a preferred

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provider or exclusive provider, in writing, within 5 business

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days of the identity of any third party that has been granted

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access to the health care services of the provider by the

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insurer or administrator. The provider may opt out of

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participating in a third party's health care plan by providing

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written notice to the insurer or administrator within 30 days

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after receiving notice pursuant to this subsection.

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(3) An insurer or administrator that leases, rents, or

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otherwise grants access to the health care services of a

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preferred provider or exclusive provider must maintain an

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Internet website or a toll-free telephone number through which

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the provider may obtain a listing, updated at least biannually,

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of the third parties that have been granted access to the

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provider's health care services.

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(4) An insurer or administrator that leases, rents, or

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otherwise grants access to a provider's health care services

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must ensure that an explanation of benefits or remittance advice

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furnished to the preferred provider or exclusive provider that

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delivers health care services under the health care contract

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identifies the contractual source of any applicable discount.

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(5) The right of a third party to exercise the rights and

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responsibilities of an insurer or administrator under a health

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care contract terminates on the date that the preferred

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provider's or exclusive provider's contract with the insurer or

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administrator is terminated.

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(6) The provisions of this section do not apply if the

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third party that is granted access to a preferred provider's or

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exclusive provider's health care services under a health care

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contract is:

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(a) An employer or other entity providing coverage for

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health care services to the employer's employees or the entity's

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members and the employer or entity has a contract with the

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insurer or administrator or the insurer's or administrator's

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affiliate for the administration or processing of claims for

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payment or services provided under the health care contract;

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(b) An affiliate or a subsidiary of the insurer or

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administrator; or

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(c) An entity providing administrative services to, or

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receiving administrative services from, the insurer or

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administrator or the insurer's or administrators' affiliate or

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subsidiary.

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     (7) A health care contract may provide for arbitration of

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disputes arising under this section.

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     Section 3.  Present subsections (11), (12), and (13) of

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section 627.662, Florida Statutes, are renumbered as subsections

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(12), (13), and (14), respectively, and new subsection (11) is

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added to that section, to read:

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     627.662  Other provisions applicable.--The following

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provisions apply to group health insurance, blanket health

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insurance, and franchise health insurance:

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     (11) Section 627.64731, relating to leasing, renting, or

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granting access to a preferred provider or exclusive provider.

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     Section 4.  Subsection (41)is added to section 641.31,

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Florida Statutes, to read:

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     641.31  Health maintenance contracts.--

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     (41) A health maintenance organization contract may not

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prohibit, and claims forms must provide an option for, the

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payment of benefits directly to a licensed hospital, ambulance

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transport and treatment provider pursuant to part III of chapter

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401, physician, or dentist for covered services provided

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pursuant to s. 395.1041. The attestation assigning benefits must

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be in writing but may be transferred to the health maintenance

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organization in electronic form. Payment to the provider may not

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be more than the amount the health maintenance organization

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would have paid without the assignment. This subsection does not

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affect the requirements of ss. 641.513 and 641.3154 with respect

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to services and payment for such services provided pursuant to

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this subsection.

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     Section 5.  Subsection (11) is added to section 641.315,

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Florida Statutes, to read:

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     641.315  Provider contracts.--

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     (11) A health maintenance organization may not sell,

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lease, or otherwise transfer information relating to the payment

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terms of a contract with a health care practitioner without the

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express authority of and prior adequate notification to the

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contracting parties.

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     Section 6.  Subsection (5) of section 641.3155, Florida

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Statutes, is amended to read:

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     641.3155  Prompt payment of claims.--

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     (5)  If a health maintenance organization determines that

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it has made an overpayment to a provider for services rendered

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to a subscriber, the health maintenance organization must make a

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claim for such overpayment to the provider's designated

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location. A health maintenance organization that makes a claim

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for overpayment to a provider under this section shall give the

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provider a written or electronic statement specifying the basis

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for the retroactive denial or payment adjustment. The health

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maintenance organization must identify the claim or claims, or

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overpayment claim portion thereof, for which a claim for

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overpayment is submitted.

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     (a)  If an overpayment determination is the result of

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retroactive review or audit of coverage decisions or payment

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levels not related to fraud, a health maintenance organization

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shall adhere to the following procedures:

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     1.  All claims for overpayment must be submitted to a

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provider within 12 30 months after the health maintenance

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

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or contest the health maintenance organization's claim for

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overpayment within 40 days after the receipt of the claim. All

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contested claims for overpayment must be paid or denied within

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

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overpayment and claim within 140 days after receipt creates an

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uncontestable obligation to pay the claim.

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     2.  A provider that denies or contests a health maintenance

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

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

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the provider receives the claim that the claim for overpayment

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is contested or denied. The notice that the claim for

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overpayment is denied or contested must identify the contested

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portion of the claim and the specific reason for contesting or

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denying the claim and, if contested, must include a request for

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additional information. If the organization submits additional

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information, the organization must, within 35 days after receipt

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of the request, mail or electronically transfer the information

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to the provider. The provider shall pay or deny the claim for

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overpayment within 45 days after receipt of the information. The

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notice is considered made on the date the notice is mailed or

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electronically transferred by the provider.

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     3.  The health maintenance organization may not reduce

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payment to the provider for other services unless the provider

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

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health maintenance organization's overpayment claim as required

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by this paragraph.

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     4.  Payment of an overpayment claim is considered made on

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the date the payment was mailed or electronically transferred.

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

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

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claim for an overpayment payment begins to accrue when the claim

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should have been paid, denied, or contested.

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     (b) A claim for overpayment may shall not be made

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permitted beyond 12 30 months after the health maintenance

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organization's payment of a claim, except that claims for

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overpayment may be sought beyond that time from providers

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convicted of fraud pursuant to s. 817.234.

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     Section 7.  This act shall take effect January 1, 2008, and

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shall apply to contracts entered into, issued, or renewed on or

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after that date.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to health insurance; amending s. 627.638,

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F.S.; authorizing the payment of health insurance policy

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benefits directly to a licensed ambulance provider;

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requiring the attestation assigning benefits to be in

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writing but allowing it to be transmitted in electronic

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form; creating s. 627.64731, F.S.; providing requirements

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for the rent, lease, or granting of access to the health

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care services of a preferred provider or exclusive

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provider under a health care contract; amending s.

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627.662, F.S.; applying the requirements for the rent,

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lease, or granting of access to the health care services

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of a preferred provider or exclusive provider under a

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health care contract to group health insurance, blanket

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health insurance, and franchise health insurance policies;

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amending s. 641.31; providing that a health maintenance

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contract may not prohibit and a claims form must provide

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an option for direct payment to specified providers;

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requiring the attestation of assignment of benefits to be

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in either written or electronic form; providing that

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payment to a provider may not exceed the amount a health

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maintenance organization would have paid without the

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assignment; amending s. 641.315, F.S.; prohibiting health

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maintenance organizations from selling, leasing, or

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transferring contract payment terms relating to a health

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care practitioner under certain circumstances; amending s.

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641.3155, F.S.; decreasing the amount of time in which a

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health maintenance organization may make claim for

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overpayment against a provider; providing applicability;

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providing an effective date.

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2/18/2008  6:31:00 PM     597-04144A-08