Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 568 Ì4563542Î456354 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/11/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Hooper) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.42398, Florida Statutes, is created 6 to read: 7 627.42398 Coverage for nonparticipating ambulance 8 services.— 9 (1) As used in this section, the term: 10 (a) “Ambulance service provider” means a ground ambulance 11 service licensed pursuant to s. 401.25. 12 (b) “Nonparticipating ambulance service provider” means a 13 provider that is not a preferred provider as defined in s. 14 627.6471(1) or a provider that is not an exclusive provider as 15 defined in s. 627.6472(1). 16 (2) A health insurer that offers an individual or group 17 health insurance policy providing major medical coverage that 18 includes coverage for ground ambulance services must reimburse a 19 nonparticipating ambulance service provider for providing such 20 covered ambulance services at a rate that is the lowest of the 21 following: 22 (a) The rate set or approved, whether in contract, in 23 ordinance, or otherwise, by a local governmental entity in the 24 jurisdiction in which the covered ground ambulance services 25 originated. 26 (b) Three hundred twenty-five percent of the current 27 published rate for ground ambulance services as established by 28 the federal Centers for Medicare and Medicaid Services under 29 Title XVIII of the Social Security Act for the same services 30 provided in the same geographic area. 31 (c) The ambulance service provider’s billed charges. 32 (3) Payment in full by the insured of his or her applicable 33 copayment, coinsurance, or deductible constitutes an accord and 34 satisfaction of, and constitutes a release of, any claim for 35 additional moneys owed by the insured to the health insurer or 36 to any person or entity in connection with the ground ambulance 37 services. 38 (4) Copayment, coinsurance, deductible, and other cost 39 sharing responsibilities paid for a nonparticipating ambulance 40 service provider’s covered services may not exceed the 41 copayment, coinsurance, deductible, and other cost-sharing 42 responsibilities for a preferred provider as defined in s. 43 627.6471(1) or a provider that is not an exclusive provider as 44 defined in s. 627.6472(1) for covered services. 45 (5) An ambulance service provider is considered a provider 46 subject to s. 627.6131, and the claims of the provider are 47 subject to s. 627.6131. 48 Section 2. Paragraph (h) is added to subsection (5) of 49 section 627.6699, Florida Statutes, to read: 50 627.6699 Employee Health Care Access Act.— 51 (5) AVAILABILITY OF COVERAGE.— 52 (h) A small employer carrier must comply with the 53 reimbursement provisions of s. 627.42398 relating to 54 nonparticipating ambulance service providers. 55 Section 3. Section 641.31078, Florida Statutes, is created 56 to read: 57 641.31078 Coverage for out-of-network ambulance services.— 58 (1) As used in this section, the term: 59 (a) “Ambulance service provider” means a ground ambulance 60 service licensed pursuant to s. 401.25. 61 (b) “Out-of-network ambulance service provider” means a 62 provider that is not under contract with a health maintenance 63 organization. 64 (2) A health maintenance contract that offers individual or 65 group major medical coverage that includes coverage for ground 66 ambulance services must require a health maintenance 67 organization to reimburse an out-of-network ambulance service 68 provider for providing covered ambulance services at a rate that 69 is the lowest of the following: 70 (a) The rate set or approved, whether in contract, in 71 ordinance, or otherwise, by a local governmental entity in the 72 jurisdiction in which the covered services originated. 73 (b) Three hundred twenty-five percent of the current 74 published rate for ground ambulance services as established by 75 the federal Centers for Medicare and Medicaid Services under 76 Title XVIII of the Social Security Act for the same service 77 provided in the same geographic area. 78 (c) The ambulance service provider’s billed charges. 79 (3) Payment in full by the subscriber of his or her 80 applicable copayment, coinsurance, or deductible constitutes an 81 accord and satisfaction of, and constitutes a release of, any 82 claim for additional moneys owed by the subscriber to the health 83 insurer or to any person or entity in connection with the ground 84 ambulance services. 85 (4) Copayment, coinsurance, deductible, and other cost 86 sharing responsibilities paid for an out-of-network ambulance 87 service provider’s covered services may not exceed the in 88 network copayment, coinsurance, deductible, and other cost 89 sharing responsibilities for covered services received by the 90 subscriber. 91 (5) An ambulance service provider is considered a provider, 92 and the claims of the provider are subject to s. 641.3155. 93 Section 4. This act shall take effect January 1, 2025. 94 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete everything before the enacting clause 98 and insert: 99 A bill to be entitled 100 An act relating to coverage for out-of-network ground 101 ambulance emergency services; creating s. 627.42398, 102 F.S.; defining the terms “ambulance service provider” 103 and “nonparticipating ambulance service provider”; 104 requiring certain health insurers to reimburse 105 nonparticipating ambulance service providers at a 106 specified rate for providing ground ambulance 107 services; providing that certain payments by the 108 insured constitute an accord and satisfaction of and a 109 release of certain claims; prohibiting certain cost 110 sharing responsibilities paid from exceeding a certain 111 amount; providing that an ambulance service provider 112 and certain claims are subject to certain provisions; 113 amending 627.6699, F.S.; requiring a small employer to 114 comply with certain provisions; amending s. 641.31078, 115 F.S.; defining the terms “ambulance service provider” 116 and “out-of-network ambulance service provider”; 117 requiring certain health maintenance contracts to 118 require a health maintenance organization to reimburse 119 out-of-network ambulance service providers at a 120 specified rate for providing covered services; 121 providing that certain payments by the subscriber 122 constitute an accord and satisfaction of and a release 123 of certain claims; prohibiting certain cost-sharing 124 responsibilities paid from exceeding a certain amount; 125 providing that an ambulance service is considered a 126 provider and certain claims are subject to certain 127 provisions; providing an effective date.