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.