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.