Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. CS for SB 892 Ì101858BÎ101858 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/13/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Agriculture, Environment, and General Government (Harrell) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 70 - 341 4 and insert: 5 (b) When a health insurer employs the method of claims 6 payment to a dentist through electronic funds transfer, 7 including, but not limited to, virtual credit card payment, the 8 health insurer shall notify the dentist as provided in this 9 paragraph and obtain the dentist’s consent in writing before 10 employing the electronic funds transfer. The dentist’s written 11 consent described in this paragraph applies to the dentist’s 12 entire practice. The insurer or dentist may not require that a 13 dentist’s consent as described in this paragraph be made on a 14 patient-by-patient basis. The notification provided by the 15 health insurer to the dentist must include all of the following: 16 1. The fees, if any, associated with the electronic funds 17 transfer. 18 2. The available methods of payment of claims by the health 19 insurer, with clear instructions to the dentist on how to select 20 an alternative payment method. 21 (c) A health insurer that pays a claim to a dentist through 22 Automated Clearing House transfer may not charge a fee solely to 23 transmit the payment to the dentist unless the dentist has 24 consented to the fee. 25 (d) This subsection may not be waived, voided, or nullified 26 by contract, and any contractual clause in conflict with this 27 subsection or that purports to waive any requirements of this 28 subsection is null and void. 29 (e) The office has all rights and powers to enforce this 30 subsection as provided by s. 624.307. 31 (f) The commission may adopt rules to implement this 32 subsection. 33 (21)(a) A health insurer may not deny any claim 34 subsequently submitted by a dentist licensed under chapter 466 35 for procedures specifically included in a prior authorization 36 unless at least one of the following circumstances applies for 37 each procedure denied: 38 1. Benefit limitations, such as annual maximums and 39 frequency limitations not applicable at the time of the prior 40 authorization, are reached subsequent to issuance of the prior 41 authorization. 42 2. The documentation provided by the person submitting the 43 claim fails to support the claim as originally authorized. 44 3. Subsequent to the issuance of the prior authorization, 45 new procedures are provided to the patient or a change in the 46 condition of the patient occurs such that the prior authorized 47 procedure would no longer be considered medically necessary, 48 based on the prevailing standard of care. 49 4. Subsequent to the issuance of the prior authorization, 50 new procedures are provided to the patient or a change in the 51 patient’s condition occurs such that the prior authorized 52 procedure would at that time have required disapproval pursuant 53 to the terms and conditions for coverage under the patient’s 54 plan in effect at the time the prior authorization was issued. 55 5. The denial of the claim was due to one of the following: 56 a. Another payor is responsible for payment. 57 b. The dentist has already been paid for the procedures 58 identified in the claim. 59 c. The claim was submitted fraudulently, or the prior 60 authorization was based in whole or material part on erroneous 61 information provided to the health insurer by the dentist, 62 patient, or other person not related to the insurer. 63 d. The person receiving the procedure was not eligible to 64 receive the procedure on the date of service and the health 65 insurer did not know, and with the exercise of reasonable care 66 could not have known, of his or her ineligibility. 67 (b) This subsection may not be waived, voided, or nullified 68 by contract, and any contractual clause in conflict with this 69 subsection or that purports to waive any requirements of this 70 subsection is null and void. 71 (c) The office has all rights and powers to enforce this 72 subsection as provided by s. 624.307. 73 (d) The commission may adopt rules to implement this 74 subsection. 75 Section 2. Subsection (2) of section 627.6474, Florida 76 Statutes, is amended to read: 77 627.6474 Provider contracts.— 78 (2) A contract between a health insurer and a dentist 79 licensed under chapter 466 for the provision of services to an 80 insured may not contain a provision that requires the dentist to 81 provide services to the insured under such contract at a fee set 82 by the health insurer unless such services are covered services 83 under the applicable contract. As used in this subsection, the 84 term “covered services” means dental care services for which a 85 reimbursement is available under the insured’s contract, 86 notwithstandingor for which a reimbursement would be available87but forthe application of contractual limitations such as 88 deductibles, coinsurance, waiting periods, annual or lifetime 89 maximums, frequency limitations, alternative benefit payments, 90 or any other limitation. 91 Section 3. Section 636.032, Florida Statutes, is amended to 92 read: 93 636.032 Acceptable payments.— 94 (1) Each prepaid limited health service organization may 95 accept from government agencies, corporations, groups, or 96 individuals payments covering all or part of the cost of 97 contracts entered into between the prepaid limited health 98 service organization and its subscribers. 99 (2)(a) A contract between a prepaid limited health service 100 organization and a dentist licensed under chapter 466 for the 101 provision of services to a subscriber may not specify credit 102 card payment as the only acceptable method for payments from the 103 prepaid limited health service organization to the dentist. 104 (b) When a prepaid limited health service organization 105 employs the method of claims payment to a dentist through 106 electronic funds transfer, including, but not limited to, 107 virtual credit card payment, the prepaid limited health service 108 organization shall notify the dentist as provided in this 109 paragraph and obtain the dentist’s consent in writing before 110 employing the electronic funds transfer. The dentist’s written 111 consent described in this paragraph applies to the dentist’s 112 entire practice. The prepaid limited health service organization 113 or dentist may not require that the dentist’s consent as 114 described in this paragraph be made on a patient-by-patient 115 basis. The notification provided by the prepaid limited health 116 service organization to the dentist must include all of the 117 following: 118 1. The fees, if any, that are associated with the 119 electronic funds transfer. 120 2. The available methods of payment of claims by the 121 prepaid limited health service organization, with clear 122 instructions to the dentist on how to select an alternative 123 payment method. 124 (c) A prepaid limited health service organization that pays 125 a claim to a dentist through Automatic Clearing House transfer 126 may not charge a fee solely to transmit the payment to the 127 dentist unless the dentist has consented to the fee. 128 (d) This subsection may not be waived, voided, or nullified 129 by contract, and any contractual clause in conflict with this 130 subsection or that purports to waive any requirements of this 131 subsection is null and void. 132 (e) The office has all rights and powers to enforce this 133 subsection as provided by s. 624.307. 134 (f) The commission may adopt rules to implement this 135 subsection. 136 Section 4. Subsection (13) of section 636.035, Florida 137 Statutes, is amended, and subsection (15) is added to that 138 section, to read: 139 636.035 Provider arrangements.— 140 (13) A contract between a prepaid limited health service 141 organization and a dentist licensed under chapter 466 for the 142 provision of services to a subscriber of the prepaid limited 143 health service organization may not contain a provision that 144 requires the dentist to provide services to the subscriber of 145 the prepaid limited health service organization at a fee set by 146 the prepaid limited health service organization unless such 147 services are covered services under the applicable contract. As 148 used in this subsection, the term “covered services” means 149 dental care services for which a reimbursement is available 150 under the subscriber’s contract, notwithstandingor for which a151reimbursement would be available but forthe application of 152 contractual limitations such as deductibles, coinsurance, 153 waiting periods, annual or lifetime maximums, frequency 154 limitations, alternative benefit payments, or any other 155 limitation. 156 (15)(a) A prepaid limited health service organization may 157 not deny any claim subsequently submitted by a dentist licensed 158 under chapter 466 for procedures specifically included in a 159 prior authorization unless at least one of the following 160 circumstances applies for each procedure denied: 161 1. Benefit limitations, such as annual maximums and 162 frequency limitations not applicable at the time of the prior 163 authorization, are reached subsequent to issuance of the prior 164 authorization. 165 2. The documentation provided by the person submitting the 166 claim fails to support the claim as originally authorized. 167 3. Subsequent to the issuance of the prior authorization, 168 new procedures are provided to the patient or a change in the 169 condition of the patient occurs such that the prior authorized 170 procedure would no longer be considered medically necessary, 171 based on the prevailing standard of care. 172 4. Subsequent to the issuance of the prior authorization, 173 new procedures are provided to the patient or a change in the 174 patient’s condition occurs such that the prior authorized 175 procedure would at that time have required disapproval pursuant 176 to the terms and conditions for coverage under the patient’s 177 plan in effect at the time the prior authorization was issued. 178 5. The denial of the dental service claim was due to one of 179 the following: 180 a. Another payor is responsible for payment. 181 b. The dentist has already been paid for the procedures 182 identified in the claim. 183 c. The claim was submitted fraudulently, or the prior 184 authorization was based in whole or material part on erroneous 185 information provided to the prepaid limited health service 186 organization by the dentist, patient, or other person not 187 related to the organization. 188 d. The person receiving the procedure was not eligible to 189 receive the procedure on the date of service and the prepaid 190 limited health service organization did not know, and with the 191 exercise of reasonable care could not have known, of his or her 192 ineligibility. 193 (b) This subsection may not be waived, voided, or nullified 194 by contract, and any contractual clause in conflict with this 195 subsection or that purports to waive any requirements of this 196 subsection is null and void. 197 (c) The office has all rights and powers to enforce this 198 subsection as provided by s. 624.307. 199 (d) The commission may adopt rules to implement this 200 subsection. 201 Section 5. Subsection (11) of section 641.315, Florida 202 Statutes, is amended, and subsections (13) and (14) are added to 203 that section, to read: 204 641.315 Provider contracts.— 205 (11) A contract between a health maintenance organization 206 and a dentist licensed under chapter 466 for the provision of 207 services to a subscriber of the health maintenance organization 208 may not contain a provision that requires the dentist to provide 209 services to the subscriber of the health maintenance 210 organization at a fee set by the health maintenance organization 211 unless such services are covered services under the applicable 212 contract. As used in this subsection, the term “covered 213 services” means dental care services for which a reimbursement 214 is available under the subscriber’s contract, notwithstandingor215for which a reimbursement would be available but forthe 216 application of contractual limitations such as deductibles, 217 coinsurance, waiting periods, annual or lifetime maximums, 218 frequency limitations, alternative benefit payments, or any 219 other limitation. 220 (13)(a) A contract between a health maintenance 221 organization and a dentist licensed under chapter 466 for the 222 provision of services to a subscriber of the health maintenance 223 organization may not specify credit card payment as the only 224 acceptable method for payments from the health maintenance 225 organization to the dentist. 226 (b) When a health maintenance organization employs the 227 method of claims payment to a dentist through electronic funds 228 transfer, including, but not limited to, virtual credit card 229 payment, the health maintenance organization shall notify the 230 dentist as provided in this paragraph and obtain the dentist’s 231 consent in writing before employing the electronic funds 232 transfer. The dentist’s written consent described in this 233 paragraph applies to the dentist’s entire practice. The health 234 maintenance organization or dentist may not require a dentist’s 235 consent as described in this paragraph be made on a patient-by 236 patient basis. The notification provided by the health 237 maintenance organization to the dentist must include all of the 238 following: 239 1. The fees, if any, that are associated with the 240 electronic funds transfer. 241 2. The available methods of payment of claims by the health 242 maintenance organization, with clear instructions to the dentist 243 on how to select an alternative payment method. 244 (c) A health maintenance organization that pays a claim to 245 a dentist through Automated Clearing House transfer may not 246 charge a fee solely to transmit the payment to the dentist 247 unless the dentist has consented to the fee. 248 (d) This subsection may not be waived, voided, or nullified 249 by contract, and any contractual clause in conflict with this 250 subsection or which purports to waive any requirements of this 251 subsection is null and void. 252 (e) The office has all rights and powers to enforce this 253 subsection as provided by s. 624.307. 254 (f) The commission may adopt rules to implement this 255 subsection. 256 (14)(a) A health maintenance organization may not deny any 257 claim subsequently submitted by a dentist licensed under chapter 258 466 for procedures specifically included in a prior 259 authorization unless at least one of the following circumstances 260 applies for each procedure denied: 261 1. Benefit limitations, such as annual maximums and 262 frequency limitations not applicable at the time of the prior 263 authorization, are reached subsequent to issuance of the prior 264 authorization. 265 2. The documentation provided by the person submitting the 266 claim fails to support the claim as originally authorized. 267 3. Subsequent to the issuance of the prior authorization, 268 new procedures are provided to the patient or a change in the 269 condition of the patient occurs such that the prior authorized 270 procedure would no longer be considered medically necessary, 271 based on the prevailing standard of care. 272 4. Subsequent to the issuance of the prior authorization, 273 new procedures are provided to the patient or a change in the 274 patient’s condition occurs such that the prior authorized 275 procedure would at that time have required disapproval pursuant 276 to the terms and conditions for coverage under the patient’s 277 plan in effect at the time the prior authorization was issued. 278 5. The denial of the claim was due to one of the following: 279 a. Another payor is responsible for payment. 280 b. The dentist has already been paid for the procedures 281 identified in the claim. 282 c. The claim was submitted fraudulently, or the prior 283 authorization was based in whole or material part on erroneous 284 information provided to the health maintenance organization by 285 the dentist, patient, or other person not related to the 286 organization. 287 d. The person receiving the procedure was not eligible to 288 receive the procedure on the date of service and the health 289 maintenance organization did not know, and with the exercise of 290 reasonable care could not have known, of his or her 291 ineligibility. 292 (b) The subsection may not be waived, voided, or nullified 293 by contract, and any contractual clause in conflict with this 294 subsection or which purports to waive any requirements of this 295 subsection is null and void. 296 (c) The office has all rights and powers to enforce this 297 subsection as provided by s. 624.307. 298 (d) The commission may adopt rules to implement this 299 subsection. 300 Section 6. This act shall take effect December 1, 2024. 301 302 ================= T I T L E A M E N D M E N T ================ 303 And the title is amended as follows: 304 Delete lines 6 - 47 305 and insert: 306 insurer to make certain notifications and obtain a 307 dentist’s consent before paying a claim to the dentist 308 through electronic funds transfer; providing that the 309 dentist’s consent applies to the dentist’s entire 310 practice; prohibiting the insurer and dentist from 311 requiring consent on a patient-by-patient basis; 312 specifying the requirements of a certain notification; 313 prohibiting a health insurer from charging a fee to 314 transmit a payment to a dentist through Automated 315 Clearing House (ACH) transfer unless the dentist has 316 consented to such fee; providing construction; 317 authorizing the Office of Insurance Regulation of the 318 Financial Services Commission to enforce certain 319 provisions; authorizing the commission to adopt rules; 320 prohibiting a health insurer from denying claims for 321 procedures included in a prior authorization; 322 providing exceptions; providing construction; 323 authorizing the office to enforce certain provisions; 324 authorizing the commission to adopt rules; amending s. 325 627.6474, F.S.; revising the definition of the term 326 “covered services”; amending s. 636.032, F.S.; 327 prohibiting a contract between a prepaid limited 328 health service organization and a dentist from 329 containing certain restrictions on payment methods; 330 requiring the prepaid limited health service 331 organization to make certain notifications and obtain 332 a dentist’s consent before paying a claim to the 333 dentist through electronic funds transfer; providing 334 that the dentist’s consent applies to the dentist’s 335 entire practice; prohibiting the limited health 336 service organization and dentist from requiring 337 consent on a patient-by-patient basis; specifying the 338 requirements of a certain notification; prohibiting a 339 prepaid limited health service organization from 340 charging a fee to transmit a payment to a dentist 341 through ACH transfer unless the dentist has consented 342 to such fee; providing construction; authorizing the 343 office to enforce certain provisions; authorizing the 344 commission to adopt rules; amending s. 636.035, F.S.; 345 revising the definition of the term “covered 346 services”; prohibiting a prepaid limited health 347 service organization from denying claims for 348 procedures included in a prior authorization; 349 providing exceptions; providing construction; 350 authorizing the office to enforce certain provisions; 351 authorizing the commission to adopt rules; amending s. 352 641.315, F.S.; revising the definition of the term 353 “covered services”; prohibiting a contract between a 354 health maintenance organization and a dentist from 355 containing certain restrictions on payment methods; 356 requiring the health maintenance organization to make 357 certain notifications and obtain a dentist’s consent 358 before paying a claim to the dentist through 359 electronic funds transfer; providing that the 360 dentist’s consent applies to the dentist’s entire 361 practice; prohibiting the health maintenance 362 organization and dentist from requiring consent on a 363 patient-by-patient basis; specifying the requirements 364 of a certain notification; prohibiting a health 365 maintenance