Florida Senate - 2012 SB 1378 By Senator Altman 24-00426B-12 20121378__ 1 A bill to be entitled 2 An act relating to payment for services provided by 3 licensed psychologists; amending ss. 627.6131 and 4 641.3155, F.S.; adding licensed psychologists to the 5 list of health care providers who are protected by a 6 limitations period from claims for overpayment being 7 sought by health insurers or health maintenance 8 organizations; adding licensed psychologists to the 9 list of health care providers who are subject to a 10 limitations period for submitting claims to health 11 insurers or health maintenance organizations for 12 underpayment; amending s. 627.638, F.S.; adding 13 licensed psychologists to the list of health care 14 providers who are eligible for direct payment for 15 medical services by a health insurer under certain 16 circumstances; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsections (18) and (19) of section 627.6131, 21 Florida Statutes, are amended to read: 22 627.6131 Payment of claims.— 23 (18) Notwithstanding the 30-month period provided in 24 subsection (6), all claims for overpayment submitted to a 25 provider licensed under chapter 458, chapter 459, chapter 460, 26 chapter 461,orchapter 466, or chapter 490 must be submitted to 27 the provider within 12 months after the health insurer’s payment 28 of the claim. A claim for overpayment may not be permitted 29 beyond 12 months after the health insurer’s payment of a claim, 30 except that claims for overpayment may be sought beyond that 31 time from providers convicted of fraud pursuant to s. 817.234. 32 (19) Notwithstanding any other provision of this section, 33 all claims for underpayment from a provider licensed under 34 chapter 458, chapter 459, chapter 460, chapter 461,orchapter 35 466, or chapter 490 must be submitted to the insurer within 12 36 months after the health insurer’s payment of the claim. A claim 37 for underpayment may not be permitted beyond 12 months after the 38 health insurer’s payment of a claim. 39 Section 2. Subsections (16) and (17) of section 641.3155, 40 Florida Statutes, are amended to read: 41 641.3155 Prompt payment of claims.— 42 (16) Notwithstanding the 30-month period provided in 43 subsection (5), all claims for overpayment submitted to a 44 provider licensed under chapter 458, chapter 459, chapter 460, 45 chapter 461,orchapter 466, or chapter 490 must be submitted to 46 the provider within 12 months after the health maintenance 47 organization’s payment of the claim. A claim for overpayment may 48 not be permitted beyond 12 months after the health maintenance 49 organization’s payment of a claim, except that claims for 50 overpayment may be sought beyond that time from providers 51 convicted of fraud pursuant to s. 817.234. 52 (17) Notwithstanding any other provision of this section, 53 all claims for underpayment from a provider licensed under 54 chapter 458, chapter 459, chapter 460, chapter 461,orchapter 55 466, or chapter 490 must be submitted to the health maintenance 56 organization within 12 months after the health maintenance 57 organization’s payment of the claim. A claim for underpayment 58 may not be permitted beyond 12 months after the health 59 maintenance organization’s payment of a claim. 60 Section 3. Contingent upon the Office of Program Policy 61 Analysis and Government Accountability not presenting the 62 finding specified in section 2 of chapter 2009-124, Laws of 63 Florida, and the text of subsection (2) of section 627.638, 64 Florida Statutes, not reverting to that in existence on June 30, 65 2009, that subsection is amended to read: 66 627.638 Direct payment for hospital, medical services.— 67 (2) Whenever, in any health insurance claim form, an 68 insured specifically authorizes payment of benefits directly to 69 any recognized hospital, licensed ambulance provider, physician, 70 dentist, psychologist, or other person who provided the services 71 in accordance with the provisions of the policy, the insurer 72 shall make such payment to the designated provider of such 73 services. The insurance contract may not prohibit, and claims 74 forms must provide an option for, the payment of benefits 75 directly to a licensed hospital, licensed ambulance provider, 76 physician, dentist, psychologist, or other person who provided 77 the services in accordance with the provisions of the policy for 78 care provided. The insurer may require written attestation of 79 assignment of benefits. Payment to the provider from the insurer 80 may not be more than the amount that the insurer would otherwise 81 have paid without the assignment. 82 Section 4. Contingent upon the Office of Program Policy 83 Analysis and Government Accountability presenting the finding 84 specified in section 2 of chapter 2009-124, Laws of Florida, and 85 the text of subsection (2) of section 627.638, Florida Statutes, 86 reverting to that in existence on June 30, 2009, that subsection 87 is amended to read: 88 627.638 Direct payment for hospital, medical services.— 89 (2) Whenever, in any health insurance claim form, an 90 insured specifically authorizes payment of benefits directly to 91 any recognized hospital, licensed ambulance provider, physician, 92ordentist, or psychologist, the insurer shall make such payment 93 to the designated provider of such services, unless otherwise 94 provided in the insurance contract. The insurance contract may 95 not prohibit, and claims forms must provide an option for, the 96 payment of benefits directly to a licensed hospital, licensed 97 ambulance provider, physician,ordentist, or psychologist for 98 care provided pursuant to s. 395.1041 or part III of chapter 99 401. The insurer may require written attestation of assignment 100 of benefits. Payment to the provider from the insurer may not be 101 more than the amount that the insurer would otherwise have paid 102 without the assignment. 103 Section 5. This act shall take effect July 1, 2012.