Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1442
       
       
       
       
       
       
                                Ì966946XÎ966946                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/16/2016           .                                
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       The Committee on Banking and Insurance (Negron) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 78 - 191
    4  and insert:
    5         Section 4. Subsection (11) of section 627.6131, Florida
    6  Statutes, is amended to read:
    7         627.6131 Payment of claims.—
    8         (11) A health insurer may not retroactively deny a claim
    9  because of insured ineligibility:
   10         (a)At any time, if the health insurer verified the
   11  eligibility of an insured at the time of treatment and provided
   12  an authorization number.
   13         (b) More than 1 year after the date of payment of the
   14  claim.
   15         Section 5. Section 627.64194, Florida Statutes, is created
   16  to read:
   17         627.64194 Coverage requirements for services provided by
   18  nonparticipating providers.—
   19         (1) As used in this section, the term:
   20         (a) “Emergency services” means the services and care to
   21  treat an emergency medical condition, as defined in s. 641.47.
   22  For purposes of this section, the term includes emergency
   23  transportation and ambulance services, to the extent permitted
   24  by applicable state and federal law.
   25         (b) “Facility” means a licensed facility as defined in s.
   26  395.002(16) or an urgent care center as defined in s.
   27  395.002(30).
   28         (c) “Nonemergency services” means the services and care to
   29  treat a condition other than an emergency medical condition, as
   30  defined in s. 395.002(8).
   31         (d) “Nonparticipating provider” means a provider who is not
   32  a “preferred provider” as defined in s. 627.6471, an “exclusive
   33  provider” as defined in s. 627.6472, or a facility licensed
   34  under chapter 395. A provider that is employed by a facility
   35  licensed under chapter 395, and that is not a “preferred
   36  provider” as defined in s. 627.6471 or an “exclusive provider”
   37  as defined in s. 627.6472, is a nonparticipating provider.
   38         (e) “Participating provider” means a “preferred provider”
   39  as defined in s. 627.6471 or an “exclusive provider” as defined
   40  in s. 627.6472, but not a facility licensed under chapter 395.
   41         (f) “Insured” means a person who is covered under an
   42  individual or group health insurance policy delivered or issued
   43  for delivery in this state by an insurer authorized to transact
   44  business in the state.
   45         (2) An insurer is solely liable for payment of fees to a
   46  nonparticipating provider of emergency services provided to an
   47  insured in accordance with the terms of the health insurance
   48  policy. Such insured is not liable for payment of fees to a
   49  nonparticipating provider of emergency services other than
   50  applicable copayments and deductibles. An insurer must provide
   51  coverage for emergency services that:
   52         (a) May not require prior authorization.
   53         (b) Must be provided regardless of whether the service is
   54  furnished by a participating or nonparticipating provider.
   55         (c) May impose a coinsurance amount, copayment, or
   56  limitation of benefits requirement for a nonparticipating
   57  provider only if the same requirement applies to a participating
   58  provider.
   59         (3) An insurer is solely liable for payment of fees to a
   60  nonparticipating provider of nonemergency services provided to
   61  an insured in accordance with the terms of the health insurance
   62  policy. Such insured is not liable for payment of fees to a
   63  nonparticipating provider, other than applicable copayments and
   64  deductibles, for nonemergency services:
   65         (a) That are provided in a facility that has a contract for
   66  the nonemergency services with the insurer which the facility
   67  would be otherwise obligated to provide under contract with the
   68  insurer; and
   69         (b)Where the insured has no ability and opportunity to
   70  choose a participating provider at the facility.
   71  
   72  If the insured makes an informed affirmative decision to choose
   73  a nonparticipating provider instead of a participating provider
   74  who is available at the facility to treat the insured, the
   75  provisions of this subsection do not apply.
   76         (4) An insurer must reimburse a nonparticipating provider
   77  for services under subsections (2) and (3) as specified in s.
   78  641.513(5) within the applicable timeframe provided by s.
   79  627.6131.
   80         (5) A nonparticipating provider of emergency services as
   81  provided in subsection (2) or nonemergency services as provided
   82  in subsection (3) may not be reimbursed an amount greater than
   83  the amount provided in subsection (4) and may not collect or
   84  attempt to collect from the patient, directly or indirectly, any
   85  excess amount except for copays and deductibles.
   86         (6) A dispute with regard to the amount of reimbursement
   87  owed to the nonparticipating provider of emergency or
   88  nonemergency services as provided in subsection (4) must be
   89  resolved in a court of competent jurisdiction or by the
   90  voluntary dispute resolution process in s. 408.7057.
   91         Section 6. Subsection (2) of section 627.6471, Florida
   92  Statutes, is amended, and a new subsection (7) is added to that
   93  section, to read:
   94         627.6471 Contracts for reduced rates of payment;
   95  limitations; coinsurance and deductibles.—
   96         (2) Any insurer issuing a policy of health insurance in
   97  this state, which insurance includes coverage for the services
   98  of a preferred provider, must provide each policyholder and
   99  certificateholder with a current list of preferred providers and
  100  must make the list available on its website. The list must
  101  include, where applicable and reported, a listing by specialty
  102  of the names, addresses, and telephone numbers of all
  103  participating providers, including facilities; and in the case
  104  of physicians, board certifications, languages spoken, and any
  105  affiliations with participating hospitals. Information posted to
  106  the insurer’s website must be updated on at least a calendar
  107  month basis with additions or terminations of providers from the
  108  insurer’s network or reported changes in physician’s hospital
  109  affiliations must make the list available for public inspection
  110  during regular business hours at the principal office of the
  111  insurer within the state.
  112         (7) Any policy issued after January 1, 2017 under this
  113  section must include the following disclosure: “WARNING: LIMITED
  114  BENEFITS WILL BE PAID WHEN NONPARTICIPATING PROVIDERS ARE USED.
  115  You should be aware that when you elect to utilize the services
  116  of a nonparticipating provider for a covered nonemergency
  117  service, benefit payments to the provider are not based upon the
  118  amount the provider charges. The basis of the payment will be
  119  determined according to your policy’s out-of-network
  120  reimbursement benefit. Nonparticipating providers may bill
  121  insureds for any difference in the amount. YOU MAY BE REQUIRED
  122  TO PAY MORE THAN THE COINSURANCE OR COPAYMENT. Participating
  123  providers have agreed to accept discounted payments for services
  124  with no additional billing to you other than coinsurance and
  125  deductible amounts. You may obtain further information about the
  126  providers who have contracted with your insurance plan by
  127  consulting your insurer’s website or contacting your insurer or
  128  agent directly.”
  129         Section 7. Subsection (10) of section 641.3155, Florida
  130  Statutes, is amended to read:
  131         641.3155 Prompt payment of claims.—
  132         (10) A health maintenance organization may not
  133  retroactively deny a claim because of subscriber ineligibility:
  134         (a)At any time, if the health maintenance organization
  135  verified the eligibility of an insured at the time of treatment
  136  and provided an authorization number.
  137         (b) More than 1 year after the date of payment of the
  138  claim.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141  And the title is amended as follows:
  142         Delete lines 2 - 32
  143  and insert:
  144         An act relating to health care services; amending s.
  145         395.003, F.S.; requiring hospitals, ambulatory
  146         surgical centers, specialty hospitals, and urgent care
  147         centers to comply with certain provisions as a
  148         condition of licensure; amending s. 395.301, F.S.;
  149         requiring a hospital to post certain information on
  150         its website regarding its contracts with health
  151         insurers, health maintenance organizations, and health
  152         care practitioners and practice groups and a specified
  153         statement to patients and prospective patients;
  154         amending s. 456.072, F.S.; adding a ground for
  155         discipline of referring health care providers by the
  156         Department of Health; amending s. 627.6131, F.S.;
  157         prohibiting a health insurer from retroactively
  158         denying a claim under specified circumstances;
  159         creating s. 627.64194, F.S.; defining terms;
  160         specifying requirements for coverage provided by an
  161         insurer for emergency services; providing that an
  162         insurer is solely liable for payment of certain fees
  163         to a provider; providing that an insured is not liable
  164         for payment of certain fees; providing limitations and
  165         requirements for reimbursements by an insurer to a
  166         nonparticipating provider; providing applicability;
  167         authorizing a nonparticipating provider or insurer to
  168         initiate action in a court of competent jurisdiction
  169         or through voluntary dispute resolution; amending s.
  170         627.6471, F.S.; requiring an insurer that issues a
  171         policy including coverage for the services of a
  172         preferred provider to post certain information about
  173         participating providers on its website; requiring a
  174         specified disclosure to be included in policies
  175         providing coverage for the services of a preferred
  176         provider; amending s. 641.3155, F.S.; prohibiting a
  177         health maintenance organization from retroactively
  178         denying a claim under specified circumstances;
  179         providing an effective date.