Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 892 Ì3282820Î328282 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 02/28/2024 04:27 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Harrell moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 121 - 403 4 and insert: 5 (d) This subsection applies to contracts delivered, issued, 6 or renewed on or after January 1, 2025. 7 (e) The office has all rights and powers to enforce this 8 subsection as provided by s. 624.307. 9 (f) The commission may adopt rules to implement this 10 subsection. 11 (21)(a) A health insurer may not deny any claim 12 subsequently submitted by a dentist licensed under chapter 466 13 for procedures specifically included in a prior authorization 14 unless at least one of the following circumstances applies for 15 each procedure denied: 16 1. Benefit limitations, such as annual maximums and 17 frequency limitations not applicable at the time of the prior 18 authorization, are reached subsequent to issuance of the prior 19 authorization. 20 2. The documentation provided by the person submitting the 21 claim fails to support the claim as originally authorized. 22 3. Subsequent to the issuance of the prior authorization, 23 new procedures are provided to the patient or a change in the 24 condition of the patient occurs such that the prior authorized 25 procedure would no longer be considered medically necessary, 26 based on the prevailing standard of care. 27 4. Subsequent to the issuance of the prior authorization, 28 new procedures are provided to the patient or a change in the 29 patient’s condition occurs such that the prior authorized 30 procedure would at that time have required disapproval pursuant 31 to the terms and conditions for coverage under the patient’s 32 plan in effect at the time the prior authorization was issued. 33 5. The denial of the claim was due to one of the following: 34 a. Another payor is responsible for payment. 35 b. The dentist has already been paid for the procedures 36 identified in the claim. 37 c. The claim was submitted fraudulently, or the prior 38 authorization was based in whole or material part on erroneous 39 information provided to the health insurer by the dentist, 40 patient, or other person not related to the insurer. 41 d. The person receiving the procedure was not eligible to 42 receive the procedure on the date of service. 43 e. The services were provided during the grace period 44 established under s. 627.608 or applicable federal regulations, 45 and the dental insurer notified the provider that the patient 46 was in the grace period when the provider requested eligibility 47 or enrollment verification from the dental insurer, if such 48 request was made. 49 (b) This subsection applies to all contracts delivered, 50 issued, or renewed on or after January 1, 2025. 51 (c) The office has all rights and powers to enforce this 52 subsection as provided by s. 624.307. 53 (d) The commission may adopt rules to implement this 54 subsection. 55 Section 2. Section 636.032, Florida Statutes, is amended to 56 read: 57 636.032 Acceptable payments.— 58 (1) Each prepaid limited health service organization may 59 accept from government agencies, corporations, groups, or 60 individuals payments covering all or part of the cost of 61 contracts entered into between the prepaid limited health 62 service organization and its subscribers. 63 (2)(a) A contract between a prepaid limited health service 64 organization and a dentist licensed under chapter 466 for the 65 provision of services to a subscriber may not specify credit 66 card payment as the only acceptable method for payments from the 67 prepaid limited health service organization to the dentist. 68 (b) When a prepaid limited health service organization 69 employs the method of claims payment to a dentist through 70 electronic funds transfer, including, but not limited to, 71 virtual credit card payment, the prepaid limited health service 72 organization shall notify the dentist as provided in this 73 paragraph and obtain the dentist’s consent in writing before 74 employing the electronic funds transfer. The dentist’s written 75 consent described in this paragraph applies to the dentist’s 76 entire practice. For purposes of this paragraph, the dentist’s 77 written consent, which may be given through e-mail, must bear 78 the signature of the dentist. Such signature includes an 79 electronic or digital signature if the form of signature is 80 recognized as a valid signature under applicable federal law or 81 state contract law or an act that demonstrates express consent, 82 including, but not limited to, checking a box indicating 83 consent. The prepaid limited health service organization or 84 dentist may not require that the dentist’s consent as described 85 in this paragraph be made on a patient-by-patient basis. The 86 notification provided by the prepaid limited health service 87 organization to the dentist must include all of the following: 88 1. The fees, if any, that are associated with the 89 electronic funds transfer. 90 2. The available methods of payment of claims by the 91 prepaid limited health service organization, with clear 92 instructions to the dentist on how to select an alternative 93 payment method. 94 (c) A prepaid limited health service organization that pays 95 a claim to a dentist through Automatic Clearing House transfer 96 may not charge a fee solely to transmit the payment to the 97 dentist unless the dentist has consented to the fee. 98 (d) This subsection applies to contracts delivered, issued, 99 or renewed on or after January 1, 2025. 100 (e) The office has all rights and powers to enforce this 101 subsection as provided by s. 624.307. 102 (f) The commission may adopt rules to implement this 103 subsection. 104 Section 3. Subsection (15) is added to section 636.035, 105 Florida Statutes, to read: 106 636.035 Provider arrangements.— 107 (15)(a) A prepaid limited health service organization may 108 not deny any claim subsequently submitted by a dentist licensed 109 under chapter 466 for procedures specifically included in a 110 prior authorization unless at least one of the following 111 circumstances applies for each procedure denied: 112 1. Benefit limitations, such as annual maximums and 113 frequency limitations not applicable at the time of the prior 114 authorization, are reached subsequent to issuance of the prior 115 authorization. 116 2. The documentation provided by the person submitting the 117 claim fails to support the claim as originally authorized. 118 3. Subsequent to the issuance of the prior authorization, 119 new procedures are provided to the patient or a change in the 120 condition of the patient occurs such that the prior authorized 121 procedure would no longer be considered medically necessary, 122 based on the prevailing standard of care. 123 4. Subsequent to the issuance of the prior authorization, 124 new procedures are provided to the patient or a change in the 125 patient’s condition occurs such that the prior authorized 126 procedure would at that time have required disapproval pursuant 127 to the terms and conditions for coverage under the patient’s 128 plan in effect at the time the prior authorization was issued. 129 5. The denial of the dental service claim was due to one of 130 the following: 131 a. Another payor is responsible for payment. 132 b. The dentist has already been paid for the procedures 133 identified in the claim. 134 c. The claim was submitted fraudulently, or the prior 135 authorization was based in whole or material part on erroneous 136 information provided to the prepaid limited health service 137 organization by the dentist, patient, or other person not 138 related to the organization. 139 d. The person receiving the procedure was not eligible to 140 receive the procedure on the date of service. 141 e. The services were provided during the grace period 142 established under s. 627.608 or applicable federal regulations, 143 and the dental insurer notified the provider that the patient 144 was in the grace period when the provider requested eligibility 145 or enrollment verification from the dental insurer, if such 146 request was made. 147 (b) This subsection applies to all contracts delivered, 148 issued, or renewed on or after January 1, 2025. 149 (c) The office has all rights and powers to enforce this 150 subsection as provided by s. 624.307. 151 (d) The commission may adopt rules to implement this 152 subsection. 153 Section 4. Subsections (13) and (14) are added to section 154 641.315, Florida Statutes, to read: 155 641.315 Provider contracts.— 156 (13)(a) A contract between a health maintenance 157 organization and a dentist licensed under chapter 466 for the 158 provision of services to a subscriber of the health maintenance 159 organization may not specify credit card payment as the only 160 acceptable method for payments from the health maintenance 161 organization to the dentist. 162 (b) When a health maintenance organization employs the 163 method of claims payment to a dentist through electronic funds 164 transfer, including, but not limited to, virtual credit card 165 payment, the health maintenance organization shall notify the 166 dentist as provided in this paragraph and obtain the dentist’s 167 consent in writing before employing the electronic funds 168 transfer. The dentist’s written consent described in this 169 paragraph applies to the dentist’s entire practice. For purposes 170 of this paragraph, the dentist’s written consent, which may be 171 given through e-mail, must bear the signature of the dentist. 172 Such signature includes an electronic or digital signature if 173 the form of signature is recognized as a valid signature under 174 applicable federal law or state contract law or an act that 175 demonstrates express consent, including, but not limited to, 176 checking a box indicating consent. The health maintenance 177 organization or dentist may not require a dentist’s consent as 178 described in this paragraph be made on a patient-by-patient 179 basis. The notification provided by the health maintenance 180 organization to the dentist must include all of the following: 181 1. The fees, if any, that are associated with the 182 electronic funds transfer. 183 2. The available methods of payment of claims by the health 184 maintenance organization, with clear instructions to the dentist 185 on how to select an alternative payment method. 186 (c) A health maintenance organization that pays a claim to 187 a dentist through Automated Clearing House transfer may not 188 charge a fee solely to transmit the payment to the dentist 189 unless the dentist has consented to the fee. 190 (d) This subsection applies to contracts delivered, issued, 191 or renewed on or after January 1, 2025. 192 (e) The office has all rights and powers to enforce this 193 subsection as provided by s. 624.307. 194 (f) The commission may adopt rules to implement this 195 subsection. 196 (14)(a) A health maintenance organization may not deny any 197 claim subsequently submitted by a dentist licensed under chapter 198 466 for procedures specifically included in a prior 199 authorization unless at least one of the following circumstances 200 applies for each procedure denied: 201 1. Benefit limitations, such as annual maximums and 202 frequency limitations not applicable at the time of the prior 203 authorization, are reached subsequent to issuance of the prior 204 authorization. 205 2. The documentation provided by the person submitting the 206 claim fails to support the claim as originally authorized. 207 3. Subsequent to the issuance of the prior authorization, 208 new procedures are provided to the patient or a change in the 209 condition of the patient occurs such that the prior authorized 210 procedure would no longer be considered medically necessary, 211 based on the prevailing standard of care. 212 4. Subsequent to the issuance of the prior authorization, 213 new procedures are provided to the patient or a change in the 214 patient’s condition occurs such that the prior authorized 215 procedure would at that time have required disapproval pursuant 216 to the terms and conditions for coverage under the patient’s 217 plan in effect at the time the prior authorization was issued. 218 5. The denial of the claim was due to one of the following: 219 a. Another payor is responsible for payment. 220 b. The dentist has already been paid for the procedures 221 identified in the claim. 222 c. The claim was submitted fraudulently, or the prior 223 authorization was based in whole or material part on erroneous 224 information provided to the health maintenance organization by 225 the dentist, patient, or other person not related to the 226 organization. 227 d. The person receiving the procedure was not eligible to 228 receive the procedure on the date of service. 229 e. The services were provided during the grace period 230 established under s. 627.608 or applicable federal regulations, 231 and the dental insurer notified the provider that the patient 232 was in the grace period when the provider requested eligibility 233 or enrollment verification from the dental insurer, if such 234 request was made. 235 (b) This subsection applies to all contracts delivered, 236 issued, or renewed on or after January 1, 2025. 237 238 ================= T I T L E A M E N D M E N T ================ 239 And the title is amended as follows: 240 Delete lines 18 - 79 241 and insert: 242 consented to such fee; providing applicability; 243 authorizing the Office of Insurance Regulation of the 244 Financial Services Commission to enforce certain 245 provisions; authorizing the commission to adopt rules; 246 prohibiting a health insurer from denying claims for 247 procedures included in a prior authorization; 248 providing exceptions; providing applicability; 249 authorizing the office to enforce certain provisions; 250 authorizing the commission to adopt rules; amending s. 251 636.032, F.S.; prohibiting a contract between a 252 prepaid limited health service organization and a 253 dentist from containing certain restrictions on 254 payment methods; requiring the prepaid limited health 255 service organization to make certain notifications and 256 obtain a dentist’s consent before paying a claim to 257 the dentist through electronic funds transfer; 258 providing that a dentist’s consent applies to the 259 dentist’s entire practice; requiring the dentist’s 260 consent to bear the signature of the dentist; 261 specifying the form of such signature; prohibiting the 262 limited health service organization and dentist from 263 requiring consent on a patient-by-patient basis; 264 specifying the requirements of a certain notification; 265 prohibiting a prepaid limited health service 266 organization from charging a fee to transmit a payment 267 to a dentist through ACH transfer unless the dentist 268 has consented to such fee; providing applicability; 269 authorizing the office to enforce certain provisions; 270 authorizing the commission to adopt rules; amending s. 271 636.035, F.S.; prohibiting a prepaid limited health 272 service organization from denying claims for 273 procedures included in a prior authorization; 274 providing exceptions; providing applicability; 275 authorizing the office to enforce certain provisions; 276 authorizing the commission to adopt rules; amending s. 277 641.315, F.S.; prohibiting a contract between a health 278 maintenance organization and a dentist from containing 279 certain restrictions on payment methods; requiring the 280 health maintenance organization to make certain 281 notifications and obtain a dentist’s consent before 282 paying a claim to the dentist through electronic funds 283 transfer; providing that the dentist’s consent applies 284 to the dentist’s entire practice; requiring the 285 dentist’s consent to bear the signature of the 286 dentist; specifying the form of such signature; 287 prohibiting the health maintenance organization and 288 dentist from requiring consent on a patient-by-patient 289 basis; specifying the requirements of a certain 290 notification; prohibiting a health maintenance 291 organization from charging a fee to transmit a payment 292 to a dentist through ACH transfer unless the dentist 293 has consented to such fee; providing applicability; 294 authorizing the office to enforce certain provisions; 295 authorizing the commission to adopt rules; prohibiting 296 a health maintenance organization from denying claims 297 for procedures included in a prior authorization; 298 providing exceptions; providing applicability; 299 authorizing the