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: 35 627.42398 Coverage 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.