Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 702
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/17/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete lines 32 - 52
    4  and insert:
    5         (e) To use the records of a hospital, physician, or other
    6  authorized practitioner, which are transmitted by any means of
    7  communication, to validate the pharmacy records in accordance
    8  with state and federal law.
    9         (f) To be reimbursed for a claim that was retroactively
   10  denied for a clerical error, typographical error, scrivener’s
   11  error, or computer error if the prescription was properly and
   12  correctly dispensed, unless a pattern of such errors exists or
   13  fraudulent billing is alleged and unless the error results in
   14  actual financial loss to the plan sponsor. For the purposes of
   15  this provision, a prescription is properly and correctly
   16  dispensed if the drug is correct, the issuing directions are
   17  correct, and the drug is dispensed to the correct patient.
   18         (g) To receive the preliminary audit report within 120 days
   19  after the conclusion of the audit.
   20         (h) To produce documentation to address a discrepancy or
   21  audit finding within 10 business days after the preliminary
   22  audit report is delivered to the pharmacy.
   23         (i) To receive the final audit report within 6 months after
   24  receiving the preliminary audit report.
   25         (j) To have recoupment or penalties based on actual
   26  overpayments and not according to the accounting practice of
   27  extrapolation.
   28         (2) A willful violation of this section is an unfair claim
   29  settlement practice as described in s. 641.3903(5)(c)1. and 4.,
   30  enforceable as provided under part I of chapter 641 and s.
   31  626.9521.
   33  ================= T I T L E  A M E N D M E N T ================
   34  And the title is amended as follows:
   35         Delete lines 5 - 8
   36  and insert:
   37         are conducted by certain entities; providing that a
   38         willful violation of such rights is an unfair claim
   39         settlement practice; exempting audits in which
   40         fraudulent activity is suspected or which are related
   41         to Medicaid claims;