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, or chapter 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, or chapter
   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, or chapter 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, or chapter
   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,
   92  or dentist, 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, or dentist, 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.