Florida Senate - 2020                       CS for CS for SB 736
       
       
        
       By the Committees on Health Policy; and Banking and Insurance;
       and Senator Diaz
       
       
       
       
       588-03458-20                                           2020736c2
    1                        A bill to be entitled                      
    2         An act relating to coverage for air ambulance
    3         services; creating ss. 627.42397 and 641.514, F.S.;
    4         defining terms; requiring health insurers and health
    5         maintenance organizations, respectively, to provide
    6         reasonable reimbursement to air ambulance services for
    7         certain covered services; providing that such
    8         reimbursement may be reduced only by certain amounts;
    9         providing that full payment of an applicable
   10         copayment, coinsurance, or deductible constitutes an
   11         accord, satisfaction, and release of certain claims;
   12         providing that provisions of this act are not
   13         severable; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 627.42397, Florida Statutes, is created
   18  to read:
   19         627.42397 Coverage for air ambulance services.—
   20         (1)As used in this section, the term:
   21         (a)“Air ambulance service” has the same meaning as
   22  provided in s. 401.23.
   23         (b)“Health insurer” means an authorized insurer offering
   24  health insurance as defined in s. 624.603.
   25         (c)“Reasonable reimbursement” means reimbursement that
   26  considers the direct cost to provide air ambulance
   27  transportation service to an insured, the operation of an air
   28  ambulance service by a county which operates entirely within a
   29  designated area of critical state concern as determined by the
   30  Department of Economic Opportunity, and in-network reimbursement
   31  established by the insurer for the specific policy. The term
   32  does not include the amount of billed charges for the cost of
   33  services rendered.
   34         (2)A health insurance policy must require a health insurer
   35  to provide reasonable reimbursement to an air ambulance service
   36  for covered nonemergency and emergency services provided to an
   37  insured in accordance with the coverage terms of the policy.
   38  Such reasonable reimbursement may be reduced only by applicable
   39  copayments, coinsurance, and deductibles. Payment in full by the
   40  insured of their applicable copayment, coinsurance, or
   41  deductible shall constitute an accord and satisfaction of, and
   42  otherwise constitute a release of any claim for additional
   43  monies owed by the insured in connection with the air ambulance
   44  service to the insurer or to any person or entity to whom such
   45  payment, or the right to receive such payment, is transferred or
   46  assigned.
   47         Section 2. Section 641.514, Florida Statutes, is created to
   48  read:
   49         641.514 Coverage for air ambulance services.
   50         (1)As used in this section, the term:
   51         (a)“Air ambulance service” has the same meaning as
   52  provided in s. 401.23.
   53         (b)“Reasonable reimbursement” means reimbursement that
   54  considers the direct cost to provide air ambulance
   55  transportation service to a subscriber, the operation of an air
   56  ambulance service by a county which operates entirely within a
   57  designated area of critical state concern as determined by the
   58  Department of Economic Opportunity, and in-network reimbursement
   59  established by the health maintenance organization for the
   60  specific health maintenance contract. The term does not include
   61  the amount of billed charges for the cost of services rendered.
   62         (2)A health maintenance contract must require a health
   63  maintenance organization to provide reasonable reimbursement to
   64  an air ambulance service for covered nonemergency and emergency
   65  services provided to a subscriber in accordance with the
   66  coverage terms of the policy. Such reasonable reimbursement may
   67  be reduced only by applicable copayments, coinsurance, and
   68  deductibles. Payment in full by the subscriber of their
   69  applicable copayment, coinsurance, or deductible shall
   70  constitute an accord and satisfaction of, and otherwise
   71  constitute a release of any claim for additional monies owed by
   72  the subscriber in connection with the air ambulance service to
   73  the health maintenance organization or to any person or entity
   74  to whom such payment, or the right to receive such payment, is
   75  transferred or assigned.
   76         Section 3. If any provision of s. 627.42397 or s. 641.514,
   77  Florida Statutes, as created by this act is determined to be
   78  invalid or inoperative for any reason, the remaining provisions
   79  thereof shall be deemed to be void and of no effect. To this
   80  end, the Legislature declares that it would not have enacted any
   81  of the provisions of s. 627.42397 or s. 641.514, Florida
   82  Statutes, individually, and expressly finds them not to be
   83  severable.
   84         Section 4. This act shall take effect upon becoming a law.