Florida Senate - 2024 SB 892 By Senator Harrell 31-00708-24 2024892__ 1 A bill to be entitled 2 An act relating to dental insurance claims; amending 3 s. 627.6131, F.S.; prohibiting a contract between a 4 health insurer and a dentist from containing certain 5 restrictions on payment methods; requiring a health 6 insurer to make certain notifications before paying a 7 claim to a dentist through electronic funds transfer; 8 prohibiting a health insurer from charging a fee to 9 transmit a payment to a dentist through ACH transfer 10 unless the dentist has consented to such fee; 11 authorizing a health insurer to charge reasonable fees 12 for other value-added services related to the ACH 13 transfer; providing construction; authorizing the 14 Office of Insurance Regulation of the Financial 15 Services Commission to enforce certain provisions; 16 authorizing the commission to adopt rules; prohibiting 17 a health insurer from denying claims for procedures 18 included in a prior authorization; providing 19 exceptions; providing construction; authorizing the 20 office to enforce certain provisions; authorizing the 21 commission to adopt rules; amending s. 627.6474, F.S.; 22 revising the definition of the term “covered 23 services”; amending s. 636.032, F.S.; prohibiting a 24 contract between a prepaid limited health service 25 organization and a dentist from containing certain 26 restrictions on payment methods; requiring the prepaid 27 limited health service organization to make certain 28 notifications before paying a claim to a dentist 29 through electronic funds transfer; prohibiting a 30 prepaid limited health service organization from 31 charging a fee to transmit a payment to a dentist 32 through ACH transfer unless the dentist has consented 33 to such fee; authorizing the prepaid limited health 34 service organization to charge reasonable fees for 35 other value-added services related to the ACH 36 transfer; providing construction; authorizing the 37 office to enforce certain provisions; authorizing the 38 commission to adopt rules; amending s. 636.035, F.S.; 39 revising the definition of the term “covered 40 services”; prohibiting a prepaid limited health 41 service organization from denying claims for 42 procedures included in a prior authorization; 43 providing exceptions; providing construction; 44 authorizing the office to enforce certain provisions; 45 authorizing the commission to adopt rules; amending s. 46 641.315, F.S.; revising the definition of the term 47 “covered service”; prohibiting a contract between a 48 health maintenance organization and a dentist from 49 containing certain restrictions on payment methods; 50 requiring the health maintenance organization to make 51 certain notifications before paying a claim to a 52 dentist through electronic funds transfer; prohibiting 53 a health maintenance organization from charging a fee 54 to transmit a payment to a dentist through ACH 55 transfer unless the dentist has consented to such fee; 56 authorizing the health maintenance organization to 57 charge reasonable fees for other value-added services 58 related to the ACH transfer; providing construction; 59 authorizing the office to enforce certain provisions; 60 authorizing the commission to adopt rules; prohibiting 61 a health maintenance organization from denying claims 62 for procedures included in a prior authorization; 63 providing exceptions; providing construction; 64 authorizing the office to enforce certain provisions; 65 authorizing the commission to adopt rules; providing 66 an effective date. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. Subsections (20) and (21) are added to section 71 627.6131, Florida Statutes, to read: 72 627.6131 Payment of claims.— 73 (20)(a) A contract between a health insurer and a dentist 74 licensed under chapter 466 for the provision of services to an 75 insured may not specify credit card payment as the only 76 acceptable method for payments from the health insurer to the 77 dentist. 78 (b) At least 10 days before a health insurer pays a claim 79 to a dentist through electronic funds transfer, including, but 80 not limited to, virtual credit card payments, the health insurer 81 shall notify the dentist in writing of all of the following: 82 1. The fees, if any, associated with the electronic funds 83 transfer. 84 2. The available methods of payment of claims by the health 85 insurer, with clear instructions to the dentist on how to select 86 an alternative payment method. 87 (c) A health insurer that pays a claim to a dentist through 88 Automated Clearing House (ACH) transfer may not charge a fee 89 solely to transmit the payment to the dentist unless the dentist 90 has consented to the fee. A health insurer may charge reasonable 91 fees for other value-added services related to the ACH transfer, 92 including, but not limited to, transaction management, data 93 management, and portal services. 94 (d) This subsection may not be waived, voided, or nullified 95 by contract, and any contractual clause in conflict with this 96 subsection or which purports to waive any requirements of this 97 subsection is null and void. 98 (e) The office has all rights and powers to enforce this 99 subsection as provided by s. 624.307. 100 (f) The commission may adopt rules to implement this 101 subsection. 102 (21)(a) A health insurer may not deny any claim 103 subsequently submitted by a dentist licensed under chapter 466 104 for procedures specifically included in a prior authorization 105 unless at least one of the following circumstances applies for 106 each procedure denied: 107 1. Benefit limitations, such as annual maximums and 108 frequency limitations not applicable at the time of the prior 109 authorization, are reached subsequent to issuance of the prior 110 authorization. 111 2. The documentation provided by the person submitting the 112 claim fails to support the claim as originally authorized. 113 3. Subsequent to the issuance of the prior authorization, 114 new procedures are provided to the patient or a change in the 115 condition of the patient occurs such that the prior authorized 116 procedure would no longer be considered medically necessary, 117 based on the prevailing standard of care. 118 4. Subsequent to the issuance of the prior authorization, 119 new procedures are provided to the patient or a change in the 120 patient’s condition occurs such that the prior authorized 121 procedure would at that time have required disapproval pursuant 122 to the terms and conditions for coverage under the patient’s 123 plan in effect at the time the prior authorization was issued. 124 5. The denial of the claim was due to one of the following: 125 a. Another payor is responsible for payment. 126 b. The dentist has already been paid for the procedures 127 identified in the claim. 128 c. The claim was submitted fraudulently, or the prior 129 authorization was based in whole or material part on erroneous 130 information provided to the health insurer by the dentist, 131 patient, or other person not related to the insurer. 132 d. The person receiving the procedure was not eligible to 133 receive the procedure on the date of service and the health 134 insurer did not know, and with the exercise of reasonable care 135 could not have known, of his or her ineligibility. 136 (b) This subsection may not be waived, voided, or nullified 137 by contract, and any contractual clause in conflict with this 138 subsection or which purports to waive any requirements of this 139 subsection is null and void. 140 (c) The office has all rights and powers to enforce this 141 subsection as provided by s. 624.307. 142 (d) The commission may adopt rules to implement this 143 subsection. 144 Section 2. Subsection (2) of section 627.6474, Florida 145 Statutes, is amended to read: 146 627.6474 Provider contracts.— 147 (2) A contract between a health insurer and a dentist 148 licensed under chapter 466 for the provision of services to an 149 insured may not contain a provision that requires the dentist to 150 provide services to the insured under such contract at a fee set 151 by the health insurer unless such services are covered services 152 under the applicable contract. As used in this subsection, the 153 term “covered services” means dental care services for which a 154 reimbursement is available under the insured’s contract, 155 notwithstandingor for which a reimbursement would be available156but forthe application of contractual limitations, such as 157 deductibles, coinsurance, waiting periods, annual or lifetime 158 maximums, frequency limitations, alternative benefit payments, 159 or any other limitation. 160 Section 3. Section 636.032, Florida Statutes, is amended to 161 read: 162 636.032 Acceptable payments.— 163 (1) Each prepaid limited health service organization may 164 accept from government agencies, corporations, groups, or 165 individuals payments covering all or part of the cost of 166 contracts entered into between the prepaid limited health 167 service organization and its subscribers. 168 (2)(a) A contract between a prepaid limited health service 169 organization and a dentist licensed under chapter 466 for the 170 provision of services to a subscriber may not specify credit 171 card payment as the only acceptable method for payments from the 172 prepaid limited health service organization to the dentist. 173 (b) At least 10 days before a limited health service 174 organization pays a claim to a dentist through electronic funds 175 transfer, including, but not limited to, virtual credit card 176 payments, the prepaid limited health service organization shall 177 notify the dentist in writing of all of the following: 178 1. The fees, if any, that are associated with the 179 electronic funds transfer. 180 2. The available methods of payment of claims by the 181 prepaid limited health service organization, with clear 182 instructions to the dentist on how to select an alternative 183 payment method. 184 (c) A prepaid limited health service organization that pays 185 a claim to a dentist through Automatic Clearing House (ACH) 186 transfer may not charge a fee solely to transmit the payment to 187 the dentist unless the dentist has consented to the fee. A 188 prepaid limited health service organization may charge 189 reasonable fees for other value-added services related to the 190 ACH transfer, including, but not limited to, transaction 191 management, data management, and portal services. 192 (d) This subsection may not be waived, voided, or nullified 193 by contract, and any contractual clause in conflict with this 194 subsection or which purports to waive any requirements of this 195 subsection is null and void. 196 (e) The office has all rights and powers to enforce this 197 subsection as provided by s. 624.307. 198 (f) The commission may adopt rules to implement this 199 subsection. 200 Section 4. Subsection (13) of section 636.035, Florida 201 Statutes, is amended, and subsection (15) is added to that 202 section, to read: 203 636.035 Provider arrangements.— 204 (13) A contract between a prepaid limited health service 205 organization and a dentist licensed under chapter 466 for the 206 provision of services to a subscriber of the prepaid limited 207 health service organization may not contain a provision that 208 requires the dentist to provide services to the subscriber of 209 the prepaid limited health service organization at a fee set by 210 the prepaid limited health service organization unless such 211 services are covered services under the applicable contract. As 212 used in this subsection, the term “covered services” means 213 dental care services for which a reimbursement is available 214 under the subscriber’s contract, notwithstandingor for which a215reimbursement would be available but forthe application of 216 contractual limitations such as deductibles, coinsurance, 217 waiting periods, annual or lifetime maximums, frequency 218 limitations, alternative benefit payments, or any other 219 limitation. 220 (15)(a) A prepaid limited health service organization may 221 not deny any claim subsequently submitted by a dentist licensed 222 under chapter 466 for procedures specifically included in a 223 prior authorization unless at least one of the following 224 circumstances applies for each procedure denied: 225 1. Benefit limitations, such as annual maximums and 226 frequency limitations not applicable at the time of the prior 227 authorization, are reached subsequent to issuance of the prior 228 authorization. 229 2. The documentation provided by the person submitting the 230 claim fails to support the claim as originally authorized. 231 3. Subsequent to the issuance of the prior authorization, 232 new procedures are provided to the patient or a change in the 233 condition of the patient occurs such that the prior authorized 234 procedure would no longer be considered medically necessary, 235 based on the prevailing standard of care. 236 4. Subsequent to the issuance of the prior authorization, 237 new procedures are provided to the patient or a change in the 238 patient’s condition occurs such that the prior authorized 239 procedure would at that time have required disapproval pursuant 240 to the terms and conditions for coverage under the patient’s 241 plan in effect at the time the prior authorization was issued. 242 5. The denial of the dental service claim was due to one of 243 the following: 244 a. Another payor is responsible for payment. 245 b. The dentist has already been paid for the procedures 246 identified in the claim. 247 c. The claim was submitted fraudulently, or the prior 248 authorization was based in whole or material part on erroneous 249 information provided to the prepaid limited health service 250 organization by the dentist, patient, or other person not 251 related to the organization. 252 d. The person receiving the procedure was not eligible to 253 receive the procedure on the date of service and the prepaid 254 limited health service organization did not know, and with the 255 exercise of reasonable care could not have known, of his or her 256 ineligibility. 257 (b) This subsection may not be waived, voided, or nullified 258 by contract, and any contractual clause in conflict with this 259 subsection or which purports to waive any requirements of this 260 subsection is null and void. 261 (c) The office has all rights and powers to enforce this 262 subsection as provided by s. 624.307. 263 (d) The commission may adopt rules to implement this 264 subsection. 265 Section 5. Subsection (11) of section 641.315, Florida 266 Statutes, is amended, and subsections (13) and (14) are added to 267 that section, to read: 268 641.315 Provider contracts.— 269 (11) A contract between a health maintenance organization 270 and a dentist licensed under chapter 466 for the provision of 271 services to a subscriber of the health maintenance organization 272 may not contain a provision that requires the dentist to provide 273 services to the subscriber of the health maintenance 274 organization at a fee set by the health maintenance organization 275 unless such services are covered services under the applicable 276 contract. As used in this subsection, the term “covered 277 services” means dental care services for which a reimbursement 278 is available under the subscriber’s contract, notwithstandingor279for which a reimbursement would be available but forthe 280 application of contractual limitations such as deductibles, 281 coinsurance, waiting periods, annual or lifetime maximums, 282 frequency limitations, alternative benefit payments, or any 283 other limitation. 284 (13)(a) A contract between a health maintenance 285 organization and a dentist licensed under chapter 466 for the 286 provision of services to a subscriber of the health maintenance 287 organization may not specify credit card payment as the only 288 acceptable method for payments from the health maintenance 289 organization to the dentist. 290 (b) At least 10 days before a health maintenance 291 organization pays a claim to a dentist through electronic funds 292 transfer, including, but not limited to, virtual credit card 293 payments, the health maintenance organization shall notify the 294 dentist in writing of all of the following: 295 1. The fees, if any, that are associated with the 296 electronic funds transfer. 297 2. The available methods of payment of claims by the health 298 maintenance organization, with clear instructions to the dentist 299 on how to select an alternative payment method. 300 (c) A health maintenance organization that pays a claim to 301 a dentist through Automated Clearing House (ACH) transfer may 302 not charge a fee solely to transmit the payment to the dentist 303 unless the dentist has consented to the fee. A health 304 maintenance organization may charge reasonable fees for other 305 value-added services related to the ACH transfer, including, but 306 not limited to, transaction management, data management, and 307 portal services. 308 (d) This subsection may not be waived, voided, or nullified 309 by contract, and any contractual clause in conflict with this 310 subsection or which purports to waive any requirements of this 311 subsection is null and void. 312 (e) The office has all rights and powers to enforce this 313 subsection as provided by s. 624.307. 314 (f) The commission may adopt rules to implement this 315 subsection. 316 (14)(a) A health maintenance organization may not deny any 317 claim subsequently submitted by a dentist licensed under chapter 318 466 for procedures specifically included in a prior 319 authorization unless at least one of the following circumstances 320 applies for each procedure denied: 321 1. Benefit limitations, such as annual maximums and 322 frequency limitations not applicable at the time of the prior 323 authorization, are reached subsequent to issuance of the prior 324 authorization. 325 2. The documentation provided by the person submitting the 326 claim fails to support the claim as originally authorized. 327 3. Subsequent to the issuance of the prior authorization, 328 new procedures are provided to the patient or a change in the 329 condition of the patient occurs such that the prior authorized 330 procedure would no longer be considered medically necessary, 331 based on the prevailing standard of care. 332 4. Subsequent to the issuance of the prior authorization, 333 new procedures are provided to the patient or a change in the 334 patient’s condition occurs such that the prior authorized 335 procedure would at that time have required disapproval pursuant 336 to the terms and conditions for coverage under the patient’s 337 plan in effect at the time the prior authorization was issued. 338 5. The denial of the claim was due to one of the following: 339 a. Another payor is responsible for payment. 340 b. The dentist has already been paid for the procedures 341 identified in the claim. 342 c. The claim was submitted fraudulently, or the prior 343 authorization was based in whole or material part on erroneous 344 information provided to the health maintenance organization by 345 the dentist, patient, or other person not related to the 346 organization. 347 d. The person receiving the procedure was not eligible to 348 receive the procedure on the date of service and the health 349 maintenance organization did not know, and with the exercise of 350 reasonable care could not have known, of his or her 351 ineligibility. 352 (b) The subsection may not be waived, voided, or nullified 353 by contract, and any contractual clause in conflict with this 354 subsection or which purports to waive any requirements of this 355 subsection is null and void. 356 (c) The office has all rights and powers to enforce this 357 subsection as provided by s. 624.307. 358 (d) The commission may adopt rules to implement this 359 subsection. 360 Section 6. This act shall take effect July 1, 2024.