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  notwithstanding or for which a reimbursement would be available
  156  but for the 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, notwithstanding or for which a
  215  reimbursement would be available but for the 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, notwithstanding or
  279  for which a reimbursement would be available but for the
  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.