Florida Senate - 2024                              CS for SB 568
       
       
        
       By the Committee on Banking and Insurance; and Senator Hooper
       
       
       
       
       
       597-01990-24                                           2024568c1
    1                        A bill to be entitled                      
    2         An act relating to coverage for out-of-network ground
    3         ambulance emergency services; creating s. 627.42398,
    4         F.S.; defining the terms “ambulance service provider”
    5         and “nonparticipating ambulance service provider”;
    6         requiring certain health insurers to reimburse
    7         nonparticipating ambulance service providers at a
    8         specified rate for providing ground ambulance
    9         services; providing that certain payments by the
   10         insured constitute an accord and satisfaction of and a
   11         release of certain claims; prohibiting certain cost
   12         sharing responsibilities paid from exceeding a certain
   13         amount; providing that an ambulance service provider
   14         and certain claims are subject to certain provisions;
   15         amending 627.6699, F.S.; requiring a small employer to
   16         comply with certain provisions; amending s. 641.31078,
   17         F.S.; defining the terms “ambulance service provider”
   18         and “out-of-network ambulance service provider”;
   19         requiring certain health maintenance contracts to
   20         require a health maintenance organization to reimburse
   21         out-of-network ambulance service providers at a
   22         specified rate for providing covered services;
   23         providing that certain payments by the subscriber
   24         constitute an accord and satisfaction of and a release
   25         of certain claims; prohibiting certain cost-sharing
   26         responsibilities paid from exceeding a certain amount;
   27         providing that an ambulance service is considered a
   28         provider and certain claims are subject to certain
   29         provisions; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 627.42398, Florida Statutes, is created
   34  to read:
   35         627.42398Coverage for nonparticipating ambulance
   36  services.—
   37         (1) As used in this section, the term:
   38         (a)“Ambulance service provider” means a ground ambulance
   39  service licensed pursuant to s. 401.25.
   40         (b)“Nonparticipating ambulance service provider” means a
   41  provider that is not a preferred provider as defined in s.
   42  627.6471(1) or a provider that is not an exclusive provider as
   43  defined in s. 627.6472(1).
   44         (2)A health insurer that offers an individual or group
   45  health insurance policy providing major medical coverage that
   46  includes coverage for ground ambulance services must reimburse a
   47  nonparticipating ambulance service provider for providing such
   48  covered ambulance services at a rate that is the lowest of the
   49  following:
   50         (a)The rate set or approved, whether in contract, in
   51  ordinance, or otherwise, by a local governmental entity in the
   52  jurisdiction in which the covered ground ambulance services
   53  originated.
   54         (b)Three hundred twenty-five percent of the current
   55  published rate for ground ambulance services as established by
   56  the federal Centers for Medicare and Medicaid Services under
   57  Title XVIII of the Social Security Act for the same services
   58  provided in the same geographic area.
   59         (c)The ambulance service provider’s billed charges.
   60         (3)Payment in full by the insured of his or her applicable
   61  copayment, coinsurance, or deductible constitutes an accord and
   62  satisfaction of, and constitutes a release of, any claim for
   63  additional moneys owed by the insured to the health insurer or
   64  to any person or entity in connection with the ground ambulance
   65  services.
   66         (4)Copayment, coinsurance, deductible, and other cost
   67  sharing responsibilities paid for a nonparticipating ambulance
   68  service provider’s covered services may not exceed the
   69  copayment, coinsurance, deductible, and other cost-sharing
   70  responsibilities for a preferred provider as defined in s.
   71  627.6471(1) or a provider that is not an exclusive provider as
   72  defined in s. 627.6472(1) for covered services.
   73         (5)An ambulance service provider is considered a provider
   74  subject to s. 627.6131, and the claims of the provider are
   75  subject to s. 627.6131.
   76         Section 2. Paragraph (h) is added to subsection (5) of
   77  section 627.6699, Florida Statutes, to read:
   78         627.6699 Employee Health Care Access Act.—
   79         (5) AVAILABILITY OF COVERAGE.—
   80         (h)A small employer carrier must comply with the
   81  reimbursement provisions of s. 627.42398 relating to
   82  nonparticipating ambulance service providers.
   83         Section 3. Section 641.31078, Florida Statutes, is created
   84  to read:
   85         641.31078 Coverage for out-of-network ambulance services.—
   86         (1) As used in this section, the term:
   87         (a)“Ambulance service provider” means a ground ambulance
   88  service licensed pursuant to s. 401.25.
   89         (b)“Out-of-network ambulance service provider” means a
   90  provider that is not under contract with a health maintenance
   91  organization.
   92         (2)A health maintenance contract that offers individual or
   93  group major medical coverage that includes coverage for ground
   94  ambulance services must require a health maintenance
   95  organization to reimburse an out-of-network ambulance service
   96  provider for providing covered ambulance services at a rate that
   97  is the lowest of the following:
   98         (a)The rate set or approved, whether in contract, in
   99  ordinance, or otherwise, by a local governmental entity in the
  100  jurisdiction in which the covered services originated.
  101         (b)Three hundred twenty-five percent of the current
  102  published rate for ground ambulance services as established by
  103  the federal Centers for Medicare and Medicaid Services under
  104  Title XVIII of the Social Security Act for the same service
  105  provided in the same geographic area.
  106         (c)The ambulance service provider’s billed charges.
  107         (3)Payment in full by the subscriber of his or her
  108  applicable copayment, coinsurance, or deductible constitutes an
  109  accord and satisfaction of, and constitutes a release of, any
  110  claim for additional moneys owed by the subscriber to the health
  111  insurer or to any person or entity in connection with the ground
  112  ambulance services.
  113         (4)Copayment, coinsurance, deductible, and other cost
  114  sharing responsibilities paid for an out-of-network ambulance
  115  service provider’s covered services may not exceed the in
  116  network copayment, coinsurance, deductible, and other cost
  117  sharing responsibilities for covered services received by the
  118  subscriber.
  119         (5)An ambulance service provider is considered a provider,
  120  and the claims of the provider are subject to s. 641.3155.
  121         Section 4. This act shall take effect January 1, 2025.