Florida Senate - 2024 CS for SB 892 By the Committee on Banking and Insurance; and Senator Harrell 597-03028-24 2024892c1 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 providing construction; authorizing the Office of 12 Insurance Regulation of the Financial Services 13 Commission to enforce certain provisions; authorizing 14 the commission to adopt rules; prohibiting a health 15 insurer from denying claims for procedures included in 16 a prior authorization; providing exceptions; providing 17 construction; authorizing the office to enforce 18 certain provisions; authorizing the commission to 19 adopt rules; amending s. 627.6474, F.S.; revising the 20 definition of the term “covered services”; amending s. 21 636.032, F.S.; prohibiting a contract between a 22 prepaid limited health service organization and a 23 dentist from containing certain restrictions on 24 payment methods; requiring the prepaid limited health 25 service organization to make certain notifications 26 before paying a claim to a dentist through electronic 27 funds transfer; prohibiting a prepaid limited health 28 service organization from charging a fee to transmit a 29 payment to a dentist through ACH transfer unless the 30 dentist has consented to such fee; providing 31 construction; authorizing the office to enforce 32 certain provisions; authorizing the commission to 33 adopt rules; amending s. 636.035, F.S.; revising the 34 definition of the term “covered services”; prohibiting 35 a prepaid limited health service organization from 36 denying claims for procedures included in a prior 37 authorization; providing exceptions; providing 38 construction; authorizing the office to enforce 39 certain provisions; authorizing the commission to 40 adopt rules; amending s. 641.315, F.S.; revising the 41 definition of the term “covered service”; prohibiting 42 a contract between a health maintenance organization 43 and a dentist from containing certain restrictions on 44 payment methods; requiring the health maintenance 45 organization to make certain notifications before 46 paying a claim to a dentist through electronic funds 47 transfer; prohibiting a health maintenance 48 organization from charging a fee to transmit a payment 49 to a dentist through ACH transfer unless the dentist 50 has consented to such fee; providing construction; 51 authorizing the office to enforce certain provisions; 52 authorizing the commission to adopt rules; prohibiting 53 a health maintenance organization from denying claims 54 for procedures included in a prior authorization; 55 providing exceptions; providing construction; 56 authorizing the office to enforce certain provisions; 57 authorizing the commission to adopt rules; providing 58 an effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Subsections (20) and (21) are added to section 63 627.6131, Florida Statutes, to read: 64 627.6131 Payment of claims.— 65 (20)(a) A contract between a health insurer and a dentist 66 licensed under chapter 466 for the provision of services to an 67 insured may not specify credit card payment as the only 68 acceptable method for payments from the health insurer to the 69 dentist. 70 (b) At least 10 days before a health insurer pays a claim 71 to a dentist through electronic funds transfer, including, but 72 not limited to, virtual credit card payments, the health insurer 73 shall notify the dentist in writing of all of the following: 74 1. The fees, if any, associated with the electronic funds 75 transfer. 76 2. The available methods of payment of claims by the health 77 insurer, with clear instructions to the dentist on how to select 78 an alternative payment method. 79 (c) A health insurer that pays a claim to a dentist through 80 Automated Clearing House (ACH) transfer may not charge a fee 81 solely to transmit the payment to the dentist unless the dentist 82 has consented to the fee. 83 (d) This subsection may not be waived, voided, or nullified 84 by contract, and any contractual clause in conflict with this 85 subsection or that purports to waive any requirements of this 86 subsection is null and void. 87 (e) The office has all rights and powers to enforce this 88 subsection as provided by s. 624.307. 89 (f) The commission may adopt rules to implement this 90 subsection. 91 (21)(a) A health insurer may not deny any claim 92 subsequently submitted by a dentist licensed under chapter 466 93 for procedures specifically included in a prior authorization 94 unless at least one of the following circumstances applies for 95 each procedure denied: 96 1. Benefit limitations, such as annual maximums and 97 frequency limitations not applicable at the time of the prior 98 authorization, are reached subsequent to issuance of the prior 99 authorization. 100 2. The documentation provided by the person submitting the 101 claim fails to support the claim as originally authorized. 102 3. Subsequent to the issuance of the prior authorization, 103 new procedures are provided to the patient or a change in the 104 condition of the patient occurs such that the prior authorized 105 procedure would no longer be considered medically necessary, 106 based on the prevailing standard of care. 107 4. Subsequent to the issuance of the prior authorization, 108 new procedures are provided to the patient or a change in the 109 patient’s condition occurs such that the prior authorized 110 procedure would at that time have required disapproval pursuant 111 to the terms and conditions for coverage under the patient’s 112 plan in effect at the time the prior authorization was issued. 113 5. The denial of the claim was due to one of the following: 114 a. Another payor is responsible for payment. 115 b. The dentist has already been paid for the procedures 116 identified in the claim. 117 c. The claim was submitted fraudulently, or the prior 118 authorization was based in whole or material part on erroneous 119 information provided to the health insurer by the dentist, 120 patient, or other person not related to the insurer. 121 d. The person receiving the procedure was not eligible to 122 receive the procedure on the date of service and the health 123 insurer did not know, and with the exercise of reasonable care 124 could not have known, of his or her ineligibility. 125 (b) This subsection may not be waived, voided, or nullified 126 by contract, and any contractual clause in conflict with this 127 subsection or that purports to waive any requirements of this 128 subsection is null and void. 129 (c) The office has all rights and powers to enforce this 130 subsection as provided by s. 624.307. 131 (d) The commission may adopt rules to implement this 132 subsection. 133 Section 2. Subsection (2) of section 627.6474, Florida 134 Statutes, is amended to read: 135 627.6474 Provider contracts.— 136 (2) A contract between a health insurer and a dentist 137 licensed under chapter 466 for the provision of services to an 138 insured may not contain a provision that requires the dentist to 139 provide services to the insured under such contract at a fee set 140 by the health insurer unless such services are covered services 141 under the applicable contract. As used in this subsection, the 142 term “covered services” means dental care services for which a 143 reimbursement is available under the insured’s contract, 144 notwithstandingor for which a reimbursement would be available145but forthe application of contractual limitations such as 146 deductibles, coinsurance, waiting periods, annual or lifetime 147 maximums, frequency limitations, alternative benefit payments, 148 or any other limitation. 149 Section 3. Section 636.032, Florida Statutes, is amended to 150 read: 151 636.032 Acceptable payments.— 152 (1) Each prepaid limited health service organization may 153 accept from government agencies, corporations, groups, or 154 individuals payments covering all or part of the cost of 155 contracts entered into between the prepaid limited health 156 service organization and its subscribers. 157 (2)(a) A contract between a prepaid limited health service 158 organization and a dentist licensed under chapter 466 for the 159 provision of services to a subscriber may not specify credit 160 card payment as the only acceptable method for payments from the 161 prepaid limited health service organization to the dentist. 162 (b) At least 10 days before a limited health service 163 organization pays a claim to a dentist through electronic funds 164 transfer, including, but not limited to, virtual credit card 165 payments, the prepaid limited health service organization shall 166 notify the dentist in writing of all of the following: 167 1. The fees, if any, that are associated with the 168 electronic funds transfer. 169 2. The available methods of payment of claims by the 170 prepaid limited health service organization, with clear 171 instructions to the dentist on how to select an alternative 172 payment method. 173 (c) A prepaid limited health service organization that pays 174 a claim to a dentist through Automatic Clearing House (ACH) 175 transfer may not charge a fee solely to transmit the payment to 176 the dentist unless the dentist has consented to the fee. 177 (d) This subsection may not be waived, voided, or nullified 178 by contract, and any contractual clause in conflict with this 179 subsection or that purports to waive any requirements of this 180 subsection is null and void. 181 (e) The office has all rights and powers to enforce this 182 subsection as provided by s. 624.307. 183 (f) The commission may adopt rules to implement this 184 subsection. 185 Section 4. Subsection (13) of section 636.035, Florida 186 Statutes, is amended, and subsection (15) is added to that 187 section, to read: 188 636.035 Provider arrangements.— 189 (13) A contract between a prepaid limited health service 190 organization and a dentist licensed under chapter 466 for the 191 provision of services to a subscriber of the prepaid limited 192 health service organization may not contain a provision that 193 requires the dentist to provide services to the subscriber of 194 the prepaid limited health service organization at a fee set by 195 the prepaid limited health service organization unless such 196 services are covered services under the applicable contract. As 197 used in this subsection, the term “covered services” means 198 dental care services for which a reimbursement is available 199 under the subscriber’s contract, notwithstandingor for which a200reimbursement would be available but forthe application of 201 contractual limitations such as deductibles, coinsurance, 202 waiting periods, annual or lifetime maximums, frequency 203 limitations, alternative benefit payments, or any other 204 limitation. 205 (15)(a) A prepaid limited health service organization may 206 not deny any claim subsequently submitted by a dentist licensed 207 under chapter 466 for procedures specifically included in a 208 prior authorization unless at least one of the following 209 circumstances applies for each procedure denied: 210 1. Benefit limitations, such as annual maximums and 211 frequency limitations not applicable at the time of the prior 212 authorization, are reached subsequent to issuance of the prior 213 authorization. 214 2. The documentation provided by the person submitting the 215 claim fails to support the claim as originally authorized. 216 3. Subsequent to the issuance of the prior authorization, 217 new procedures are provided to the patient or a change in the 218 condition of the patient occurs such that the prior authorized 219 procedure would no longer be considered medically necessary, 220 based on the prevailing standard of care. 221 4. Subsequent to the issuance of the prior authorization, 222 new procedures are provided to the patient or a change in the 223 patient’s condition occurs such that the prior authorized 224 procedure would at that time have required disapproval pursuant 225 to the terms and conditions for coverage under the patient’s 226 plan in effect at the time the prior authorization was issued. 227 5. The denial of the dental service claim was due to one of 228 the following: 229 a. Another payor is responsible for payment. 230 b. The dentist has already been paid for the procedures 231 identified in the claim. 232 c. The claim was submitted fraudulently, or the prior 233 authorization was based in whole or material part on erroneous 234 information provided to the prepaid limited health service 235 organization by the dentist, patient, or other person not 236 related to the organization. 237 d. The person receiving the procedure was not eligible to 238 receive the procedure on the date of service and the prepaid 239 limited health service organization did not know, and with the 240 exercise of reasonable care could not have known, of his or her 241 ineligibility. 242 (b) This subsection may not be waived, voided, or nullified 243 by contract, and any contractual clause in conflict with this 244 subsection or that purports to waive any requirements of this 245 subsection is null and void. 246 (c) The office has all rights and powers to enforce this 247 subsection as provided by s. 624.307. 248 (d) The commission may adopt rules to implement this 249 subsection. 250 Section 5. Subsection (11) of section 641.315, Florida 251 Statutes, is amended, and subsections (13) and (14) are added to 252 that section, to read: 253 641.315 Provider contracts.— 254 (11) A contract between a health maintenance organization 255 and a dentist licensed under chapter 466 for the provision of 256 services to a subscriber of the health maintenance organization 257 may not contain a provision that requires the dentist to provide 258 services to the subscriber of the health maintenance 259 organization at a fee set by the health maintenance organization 260 unless such services are covered services under the applicable 261 contract. As used in this subsection, the term “covered 262 services” means dental care services for which a reimbursement 263 is available under the subscriber’s contract, notwithstandingor264for which a reimbursement would be available but forthe 265 application of contractual limitations such as deductibles, 266 coinsurance, waiting periods, annual or lifetime maximums, 267 frequency limitations, alternative benefit payments, or any 268 other limitation. 269 (13)(a) A contract between a health maintenance 270 organization and a dentist licensed under chapter 466 for the 271 provision of services to a subscriber of the health maintenance 272 organization may not specify credit card payment as the only 273 acceptable method for payments from the health maintenance 274 organization to the dentist. 275 (b) At least 10 days before a health maintenance 276 organization pays a claim to a dentist through electronic funds 277 transfer, including, but not limited to, virtual credit card 278 payments, the health maintenance organization shall notify the 279 dentist in writing of all of the following: 280 1. The fees, if any, that are associated with the 281 electronic funds transfer. 282 2. The available methods of payment of claims by the health 283 maintenance organization, with clear instructions to the dentist 284 on how to select an alternative payment method. 285 (c) A health maintenance organization that pays a claim to 286 a dentist through Automated Clearing House (ACH) transfer may 287 not charge a fee solely to transmit the payment to the dentist 288 unless the dentist has consented to the fee. 289 (d) This subsection may not be waived, voided, or nullified 290 by contract, and any contractual clause in conflict with this 291 subsection or which purports to waive any requirements of this 292 subsection is null and void. 293 (e) The office has all rights and powers to enforce this 294 subsection as provided by s. 624.307. 295 (f) The commission may adopt rules to implement this 296 subsection. 297 (14)(a) A health maintenance organization may not deny any 298 claim subsequently submitted by a dentist licensed under chapter 299 466 for procedures specifically included in a prior 300 authorization unless at least one of the following circumstances 301 applies for each procedure denied: 302 1. Benefit limitations, such as annual maximums and 303 frequency limitations not applicable at the time of the prior 304 authorization, are reached subsequent to issuance of the prior 305 authorization. 306 2. The documentation provided by the person submitting the 307 claim fails to support the claim as originally authorized. 308 3. Subsequent to the issuance of the prior authorization, 309 new procedures are provided to the patient or a change in the 310 condition of the patient occurs such that the prior authorized 311 procedure would no longer be considered medically necessary, 312 based on the prevailing standard of care. 313 4. Subsequent to the issuance of the prior authorization, 314 new procedures are provided to the patient or a change in the 315 patient’s condition occurs such that the prior authorized 316 procedure would at that time have required disapproval pursuant 317 to the terms and conditions for coverage under the patient’s 318 plan in effect at the time the prior authorization was issued. 319 5. The denial of the claim was due to one of the following: 320 a. Another payor is responsible for payment. 321 b. The dentist has already been paid for the procedures 322 identified in the claim. 323 c. The claim was submitted fraudulently, or the prior 324 authorization was based in whole or material part on erroneous 325 information provided to the health maintenance organization by 326 the dentist, patient, or other person not related to the 327 organization. 328 d. The person receiving the procedure was not eligible to 329 receive the procedure on the date of service and the health 330 maintenance organization did not know, and with the exercise of 331 reasonable care could not have known, of his or her 332 ineligibility. 333 (b) The subsection may not be waived, voided, or nullified 334 by contract, and any contractual clause in conflict with this 335 subsection or which purports to waive any requirements of this 336 subsection is null and void. 337 (c) The office has all rights and powers to enforce this 338 subsection as provided by s. 624.307. 339 (d) The commission may adopt rules to implement this 340 subsection. 341 Section 6. This act shall take effect July 1, 2024.