Florida Senate - 2024                                     SB 568
       
       
        
       By Senator Hooper
       
       
       
       
       
       21-00606-24                                            2024568__
    1                        A bill to be entitled                      
    2         An act relating to coverage for out-of-network ground
    3         ambulance emergency services; creating ss. 627.42398
    4         and 641.31078, F.S.; defining terms; requiring health
    5         insurers and health maintenance organizations,
    6         respectively, to reimburse out-of-network ambulance
    7         service providers at specified rates for providing
    8         emergency services; specifying that such payment is
    9         payment in full; providing exceptions; prohibiting
   10         cost-sharing responsibilities paid for an out-of
   11         network ambulance service provider from exceeding
   12         those of an in-network ambulance service provider for
   13         covered services; requiring health insurers and health
   14         maintenance organizations, respectively, to remit
   15         payment for covered services if such transportation
   16         was requested by a first responder or a health care
   17         professional; providing procedures for claims;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 627.42398, Florida Statutes, is created
   23  to read:
   24         627.42398 Coverage for out-of-network ground ambulance
   25  emergency services.—
   26         (1) As used in this section, the term:
   27         (a)“Ambulance service provider” means a ground ambulance
   28  service licensed pursuant to s. 401.25.
   29         (b)“Clean claim” means a claim that has no defect of
   30  impropriety, including lack of required substantiating
   31  documentation or particular circumstances requiring special
   32  treatment which prevent timely payment from being made on the
   33  claim.
   34         (c)“Covered services” means those emergency ambulance
   35  services that an enrollee is entitled to receive under the terms
   36  of a health insurance policy. The term does not include air
   37  ambulance services.
   38         (d)“Out-of-network” means a provider that does not
   39  contract with the health insurer of the enrollee receiving the
   40  covered health care services.
   41         (2)A health insurance policy must require a health insurer
   42  to reimburse an out-of-network ambulance service provider for
   43  providing covered services at a rate that is the greatest of any
   44  of the following:
   45         (a)The rate set or approved, whether in contract, in
   46  ordinance, or otherwise, by a local governmental entity in the
   47  jurisdiction in which the covered services originated.
   48         (b)Three hundred and fifty percent of the current
   49  published rate for ambulance services as established by the
   50  federal Centers for Medicare and Medicaid Services under Title
   51  XVIII of the Social Security Act for the same service provided
   52  in the same geographic area; or the ambulance service provider’s
   53  billed charges, whichever is less.
   54         (c)The contracted rate at which the health insurer would
   55  reimburse an in-network ambulance provider for providing such
   56  covered services.
   57         (3)Payment made in compliance with this section is payment
   58  in full for the covered services provided, except for any
   59  copayment, coinsurance, deductible, or other cost-sharing
   60  responsibilities required to be paid by the enrollee. An
   61  ambulance service provider may not bill the enrollee any
   62  additional amount for such paid covered services.
   63         (4)Copayment, coinsurance, deductible, and other cost
   64  sharing responsibilities paid for an out-of-network ambulance
   65  service provider’s covered service may not exceed the in-network
   66  copayment, coinsurance, deductible, and other cost-sharing
   67  responsibilities for covered services received by the enrollee.
   68         (5)A health insurer shall, within 30 days after receipt of
   69  a clean claim for covered services, promptly remit payment for
   70  covered services directly to the ambulance service provider and
   71  may not send payment to an enrollee. A health insurer must remit
   72  payment for the transportation of any patient by ambulance as a
   73  medically necessary service if the transportation was requested
   74  by a first responder or a health care practitioner as defined in
   75  s. 456.001.
   76         (6)If the claim is not a clean claim, the health insurer
   77  must, within 30 days after receipt of the claim, send a written
   78  notice acknowledging the date of receipt of the claim and
   79  informing the ambulance service provider of one of the
   80  following:
   81         (a)That the insurer is declining to pay all or part of the
   82  claim, and the specific reason or reasons for the denial.
   83         (b)That additional information is necessary to determine
   84  if all or part of the claim is payable, and the specific
   85  additional information that is required.
   86         Section 2. Section 641.31078, Florida Statutes, is created
   87  to read:
   88         641.31078 Coverage for out-of-network ground ambulance
   89  emergency services.—
   90         (1) As used in this section, the term:
   91         (a)“Ambulance service provider” means a ground ambulance
   92  service licensed pursuant to s. 401.25.
   93         (b)“Clean claim” means a claim that has no defect of
   94  impropriety, including lack of required substantiating
   95  documentation or particular circumstances requiring special
   96  treatment which prevent timely payment from being made on the
   97  claim.
   98         (c)“Covered services” means those emergency ambulance
   99  services that a subscriber is entitled to receive under the
  100  terms of a health maintenance contract. The term does not
  101  include air ambulance services.
  102         (d)“Out-of-network” means a provider that is not a
  103  provider under contract with the health maintenance organization
  104  of the subscriber receiving the covered health care services.
  105         (2)A health maintenance contract must require a health
  106  maintenance organization to reimburse an out-of-network
  107  ambulance service provider for providing covered services at a
  108  rate that is the greatest of the following:
  109         (a)The rate set or approved, whether in contract, in
  110  ordinance, or otherwise, by a local governmental entity in the
  111  jurisdiction in which the covered services originated.
  112         (b)Three hundred and fifty percent of the current
  113  published rate for ambulance services as established by the
  114  federal Centers for Medicare and Medicaid Services under Title
  115  XVIII of the Social Security Act for the same service provided
  116  in the same geographic area; or the ambulance service provider’s
  117  billed charges, whichever is less.
  118         (c)The contracted rate at which the health maintenance
  119  organization would reimburse an in-network ambulance provider
  120  for providing such covered services.
  121         (3)Payment made in compliance with this section is payment
  122  in full for the covered services provided, except for any
  123  copayment, coinsurance, deductible, or other cost-sharing
  124  responsibilities required to be paid by the subscriber. An
  125  ambulance service provider may not bill the subscriber any
  126  additional amount for such paid covered services.
  127         (4)Copayment, coinsurance, deductible, and other cost
  128  sharing responsibilities paid for an out-of-network ambulance
  129  service provider’s covered services may not exceed the in
  130  network copayment, coinsurance, deductible, and other cost
  131  sharing responsibilities for covered services received by the
  132  subscriber.
  133         (5)A health maintenance organization shall, within 30 days
  134  after receipt of a clean claim for covered services, promptly
  135  remit payment for covered services directly to the ambulance
  136  service provider and may not send payment to a subscriber. A
  137  health maintenance organization must remit payment for the
  138  transportation of any patient by ambulance as a medically
  139  necessary service if the transportation was requested by a first
  140  responder or a health care practitioner as defined in s.
  141  456.001.
  142         (6)If the claim is not a clean claim, the health
  143  maintenance organization must, within 30 days after receipt of
  144  the claim, send a written notice acknowledging the date of
  145  receipt of the claim and informing the ambulance service
  146  provider of one of the following:
  147         (a)That the health maintenance organization is declining
  148  to pay all or part of the claim, and the specific reason or
  149  reasons for the denial.
  150         (b)That additional information is necessary to determine
  151  if all or part of the claim is payable, and the specific
  152  additional information that is required.
  153         Section 3. This act shall take effect July 1, 2024.