Florida Senate - 2024                       CS for CS for SB 892
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Banking and Insurance; and
       Senator Harrell
       
       
       
       601-03255-24                                           2024892c2
    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 and obtain a
    7         dentist’s consent before paying a claim to the dentist
    8         through electronic funds transfer; providing that the
    9         dentist’s consent applies to the dentist’s entire
   10         practice; prohibiting the insurer and dentist from
   11         requiring consent on a patient-by-patient basis;
   12         specifying the requirements of a certain notification;
   13         prohibiting a health insurer from charging a fee to
   14         transmit a payment to a dentist through Automated
   15         Clearing House (ACH) transfer unless the dentist has
   16         consented to such fee; providing construction;
   17         authorizing the Office of Insurance Regulation of the
   18         Financial Services Commission to enforce certain
   19         provisions; authorizing the commission to adopt rules;
   20         prohibiting a health insurer from denying claims for
   21         procedures included in a prior authorization;
   22         providing exceptions; providing construction;
   23         authorizing the office to enforce certain provisions;
   24         authorizing the commission to adopt rules; amending s.
   25         627.6474, F.S.; revising the definition of the term
   26         “covered services”; amending s. 636.032, F.S.;
   27         prohibiting a contract between a prepaid limited
   28         health service organization and a dentist from
   29         containing certain restrictions on payment methods;
   30         requiring the prepaid limited health service
   31         organization to make certain notifications and obtain
   32         a dentist’s consent before paying a claim to the
   33         dentist through electronic funds transfer; providing
   34         that the dentist’s consent applies to the dentist’s
   35         entire practice; prohibiting the limited health
   36         service organization and dentist from requiring
   37         consent on a patient-by-patient basis; specifying the
   38         requirements of a certain notification; prohibiting a
   39         prepaid limited health service organization from
   40         charging a fee to transmit a payment to a dentist
   41         through ACH transfer unless the dentist has consented
   42         to such fee; providing construction; authorizing the
   43         office to enforce certain provisions; authorizing the
   44         commission to adopt rules; amending s. 636.035, F.S.;
   45         revising the definition of the term “covered
   46         services”; prohibiting a prepaid limited health
   47         service organization from denying claims for
   48         procedures included in a prior authorization;
   49         providing exceptions; providing construction;
   50         authorizing the office to enforce certain provisions;
   51         authorizing the commission to adopt rules; amending s.
   52         641.315, F.S.; revising the definition of the term
   53         “covered services”; prohibiting a contract between a
   54         health maintenance organization and a dentist from
   55         containing certain restrictions on payment methods;
   56         requiring the health maintenance organization to make
   57         certain notifications and obtain a dentist’s consent
   58         before paying a claim to the dentist through
   59         electronic funds transfer; providing that the
   60         dentist’s consent applies to the dentist’s entire
   61         practice; prohibiting the health maintenance
   62         organization and dentist from requiring consent on a
   63         patient-by-patient basis; specifying the requirements
   64         of a certain notification; prohibiting a health
   65         maintenance organization from charging a fee to
   66         transmit a payment to a dentist through ACH transfer
   67         unless the dentist has consented to such fee;
   68         providing construction; authorizing the office to
   69         enforce certain provisions; authorizing the commission
   70         to adopt rules; prohibiting a health maintenance
   71         organization from denying claims for procedures
   72         included in a prior authorization; providing
   73         exceptions; providing construction; authorizing the
   74         office to enforce certain provisions; authorizing the
   75         commission to adopt rules; providing an effective
   76         date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Subsections (20) and (21) are added to section
   81  627.6131, Florida Statutes, to read:
   82         627.6131 Payment of claims.—
   83         (20)(a) A contract between a health insurer and a dentist
   84  licensed under chapter 466 for the provision of services to an
   85  insured may not specify credit card payment as the only
   86  acceptable method for payments from the health insurer to the
   87  dentist.
   88         (b)When a health insurer employs the method of claims
   89  payment to a dentist through electronic funds transfer,
   90  including, but not limited to, virtual credit card payment, the
   91  health insurer shall notify the dentist as provided in this
   92  paragraph and obtain the dentist’s consent in writing before
   93  employing the electronic funds transfer. The dentist’s written
   94  consent described in this paragraph applies to the dentist’s
   95  entire practice. The insurer or dentist may not require that a
   96  dentist’s consent as described in this paragraph be made on a
   97  patient-by-patient basis. The notification provided by the
   98  health insurer to the dentist must include all of the following:
   99         1.The fees, if any, associated with the electronic funds
  100  transfer.
  101         2.The available methods of payment of claims by the health
  102  insurer, with clear instructions to the dentist on how to select
  103  an alternative payment method.
  104         (c)A health insurer that pays a claim to a dentist through
  105  Automated Clearing House transfer may not charge a fee solely to
  106  transmit the payment to the dentist unless the dentist has
  107  consented to the fee.
  108         (d)This subsection may not be waived, voided, or nullified
  109  by contract, and any contractual clause in conflict with this
  110  subsection or that purports to waive any requirements of this
  111  subsection is null and void.
  112         (e)The office has all rights and powers to enforce this
  113  subsection as provided by s. 624.307.
  114         (f)The commission may adopt rules to implement this
  115  subsection.
  116         (21)(a)A health insurer may not deny any claim
  117  subsequently submitted by a dentist licensed under chapter 466
  118  for procedures specifically included in a prior authorization
  119  unless at least one of the following circumstances applies for
  120  each procedure denied:
  121         1.Benefit limitations, such as annual maximums and
  122  frequency limitations not applicable at the time of the prior
  123  authorization, are reached subsequent to issuance of the prior
  124  authorization.
  125         2.The documentation provided by the person submitting the
  126  claim fails to support the claim as originally authorized.
  127         3.Subsequent to the issuance of the prior authorization,
  128  new procedures are provided to the patient or a change in the
  129  condition of the patient occurs such that the prior authorized
  130  procedure would no longer be considered medically necessary,
  131  based on the prevailing standard of care.
  132         4.Subsequent to the issuance of the prior authorization,
  133  new procedures are provided to the patient or a change in the
  134  patient’s condition occurs such that the prior authorized
  135  procedure would at that time have required disapproval pursuant
  136  to the terms and conditions for coverage under the patient’s
  137  plan in effect at the time the prior authorization was issued.
  138         5.The denial of the claim was due to one of the following:
  139         a.Another payor is responsible for payment.
  140         b.The dentist has already been paid for the procedures
  141  identified in the claim.
  142         c.The claim was submitted fraudulently, or the prior
  143  authorization was based in whole or material part on erroneous
  144  information provided to the health insurer by the dentist,
  145  patient, or other person not related to the insurer.
  146         d.The person receiving the procedure was not eligible to
  147  receive the procedure on the date of service and the health
  148  insurer did not know, and with the exercise of reasonable care
  149  could not have known, of his or her ineligibility.
  150         (b)This subsection may not be waived, voided, or nullified
  151  by contract, and any contractual clause in conflict with this
  152  subsection or that purports to waive any requirements of this
  153  subsection is null and void.
  154         (c)The office has all rights and powers to enforce this
  155  subsection as provided by s. 624.307.
  156         (d)The commission may adopt rules to implement this
  157  subsection.
  158         Section 2. Subsection (2) of section 627.6474, Florida
  159  Statutes, is amended to read:
  160         627.6474 Provider contracts.—
  161         (2) A contract between a health insurer and a dentist
  162  licensed under chapter 466 for the provision of services to an
  163  insured may not contain a provision that requires the dentist to
  164  provide services to the insured under such contract at a fee set
  165  by the health insurer unless such services are covered services
  166  under the applicable contract. As used in this subsection, the
  167  term “covered services” means dental care services for which a
  168  reimbursement is available under the insured’s contract,
  169  notwithstanding or for which a reimbursement would be available
  170  but for the application of contractual limitations such as
  171  deductibles, coinsurance, waiting periods, annual or lifetime
  172  maximums, frequency limitations, alternative benefit payments,
  173  or any other limitation.
  174         Section 3. Section 636.032, Florida Statutes, is amended to
  175  read:
  176         636.032 Acceptable payments.—
  177         (1) Each prepaid limited health service organization may
  178  accept from government agencies, corporations, groups, or
  179  individuals payments covering all or part of the cost of
  180  contracts entered into between the prepaid limited health
  181  service organization and its subscribers.
  182         (2)(a)A contract between a prepaid limited health service
  183  organization and a dentist licensed under chapter 466 for the
  184  provision of services to a subscriber may not specify credit
  185  card payment as the only acceptable method for payments from the
  186  prepaid limited health service organization to the dentist.
  187         (b)When a prepaid limited health service organization
  188  employs the method of claims payment to a dentist through
  189  electronic funds transfer, including, but not limited to,
  190  virtual credit card payment, the prepaid limited health service
  191  organization shall notify the dentist as provided in this
  192  paragraph and obtain the dentist’s consent in writing before
  193  employing the electronic funds transfer. The dentist’s written
  194  consent described in this paragraph applies to the dentist’s
  195  entire practice. The prepaid limited health service organization
  196  or dentist may not require that the dentist’s consent as
  197  described in this paragraph be made on a patient-by-patient
  198  basis. The notification provided by the prepaid limited health
  199  service organization to the dentist must include all of the
  200  following:
  201         1.The fees, if any, that are associated with the
  202  electronic funds transfer.
  203         2.The available methods of payment of claims by the
  204  prepaid limited health service organization, with clear
  205  instructions to the dentist on how to select an alternative
  206  payment method.
  207         (c)A prepaid limited health service organization that pays
  208  a claim to a dentist through Automatic Clearing House transfer
  209  may not charge a fee solely to transmit the payment to the
  210  dentist unless the dentist has consented to the fee.
  211         (d)This subsection may not be waived, voided, or nullified
  212  by contract, and any contractual clause in conflict with this
  213  subsection or that purports to waive any requirements of this
  214  subsection is null and void.
  215         (e)The office has all rights and powers to enforce this
  216  subsection as provided by s. 624.307.
  217         (f)The commission may adopt rules to implement this
  218  subsection.
  219         Section 4. Subsection (13) of section 636.035, Florida
  220  Statutes, is amended, and subsection (15) is added to that
  221  section, to read:
  222         636.035 Provider arrangements.—
  223         (13) A contract between a prepaid limited health service
  224  organization and a dentist licensed under chapter 466 for the
  225  provision of services to a subscriber of the prepaid limited
  226  health service organization may not contain a provision that
  227  requires the dentist to provide services to the subscriber of
  228  the prepaid limited health service organization at a fee set by
  229  the prepaid limited health service organization unless such
  230  services are covered services under the applicable contract. As
  231  used in this subsection, the term “covered services” means
  232  dental care services for which a reimbursement is available
  233  under the subscriber’s contract, notwithstanding or for which a
  234  reimbursement would be available but for the application of
  235  contractual limitations such as deductibles, coinsurance,
  236  waiting periods, annual or lifetime maximums, frequency
  237  limitations, alternative benefit payments, or any other
  238  limitation.
  239         (15)(a)A prepaid limited health service organization may
  240  not deny any claim subsequently submitted by a dentist licensed
  241  under chapter 466 for procedures specifically included in a
  242  prior authorization unless at least one of the following
  243  circumstances applies for each procedure denied:
  244         1.Benefit limitations, such as annual maximums and
  245  frequency limitations not applicable at the time of the prior
  246  authorization, are reached subsequent to issuance of the prior
  247  authorization.
  248         2.The documentation provided by the person submitting the
  249  claim fails to support the claim as originally authorized.
  250         3.Subsequent to the issuance of the prior authorization,
  251  new procedures are provided to the patient or a change in the
  252  condition of the patient occurs such that the prior authorized
  253  procedure would no longer be considered medically necessary,
  254  based on the prevailing standard of care.
  255         4.Subsequent to the issuance of the prior authorization,
  256  new procedures are provided to the patient or a change in the
  257  patient’s condition occurs such that the prior authorized
  258  procedure would at that time have required disapproval pursuant
  259  to the terms and conditions for coverage under the patient’s
  260  plan in effect at the time the prior authorization was issued.
  261         5.The denial of the dental service claim was due to one of
  262  the following:
  263         a.Another payor is responsible for payment.
  264         b.The dentist has already been paid for the procedures
  265  identified in the claim.
  266         c.The claim was submitted fraudulently, or the prior
  267  authorization was based in whole or material part on erroneous
  268  information provided to the prepaid limited health service
  269  organization by the dentist, patient, or other person not
  270  related to the organization.
  271         d.The person receiving the procedure was not eligible to
  272  receive the procedure on the date of service and the prepaid
  273  limited health service organization did not know, and with the
  274  exercise of reasonable care could not have known, of his or her
  275  ineligibility.
  276         (b)This subsection may not be waived, voided, or nullified
  277  by contract, and any contractual clause in conflict with this
  278  subsection or that purports to waive any requirements of this
  279  subsection is null and void.
  280         (c)The office has all rights and powers to enforce this
  281  subsection as provided by s. 624.307.
  282         (d)The commission may adopt rules to implement this
  283  subsection.
  284         Section 5. Subsection (11) of section 641.315, Florida
  285  Statutes, is amended, and subsections (13) and (14) are added to
  286  that section, to read:
  287         641.315 Provider contracts.—
  288         (11) A contract between a health maintenance organization
  289  and a dentist licensed under chapter 466 for the provision of
  290  services to a subscriber of the health maintenance organization
  291  may not contain a provision that requires the dentist to provide
  292  services to the subscriber of the health maintenance
  293  organization at a fee set by the health maintenance organization
  294  unless such services are covered services under the applicable
  295  contract. As used in this subsection, the term “covered
  296  services” means dental care services for which a reimbursement
  297  is available under the subscriber’s contract, notwithstanding or
  298  for which a reimbursement would be available but for the
  299  application of contractual limitations such as deductibles,
  300  coinsurance, waiting periods, annual or lifetime maximums,
  301  frequency limitations, alternative benefit payments, or any
  302  other limitation.
  303         (13)(a)A contract between a health maintenance
  304  organization and a dentist licensed under chapter 466 for the
  305  provision of services to a subscriber of the health maintenance
  306  organization may not specify credit card payment as the only
  307  acceptable method for payments from the health maintenance
  308  organization to the dentist.
  309         (b)When a health maintenance organization employs the
  310  method of claims payment to a dentist through electronic funds
  311  transfer, including, but not limited to, virtual credit card
  312  payment, the health maintenance organization shall notify the
  313  dentist as provided in this paragraph and obtain the dentist’s
  314  consent in writing before employing the electronic funds
  315  transfer. The dentist’s written consent described in this
  316  paragraph applies to the dentist’s entire practice. The health
  317  maintenance organization or dentist may not require a dentist’s
  318  consent as described in this paragraph be made on a patient-by
  319  patient basis. The notification provided by the health
  320  maintenance organization to the dentist must include all of the
  321  following:
  322         1.The fees, if any, that are associated with the
  323  electronic funds transfer.
  324         2.The available methods of payment of claims by the health
  325  maintenance organization, with clear instructions to the dentist
  326  on how to select an alternative payment method.
  327         (c)A health maintenance organization that pays a claim to
  328  a dentist through Automated Clearing House transfer may not
  329  charge a fee solely to transmit the payment to the dentist
  330  unless the dentist has consented to the fee.
  331         (d)This subsection may not be waived, voided, or nullified
  332  by contract, and any contractual clause in conflict with this
  333  subsection or which purports to waive any requirements of this
  334  subsection is null and void.
  335         (e)The office has all rights and powers to enforce this
  336  subsection as provided by s. 624.307.
  337         (f)The commission may adopt rules to implement this
  338  subsection.
  339         (14)(a)A health maintenance organization may not deny any
  340  claim subsequently submitted by a dentist licensed under chapter
  341  466 for procedures specifically included in a prior
  342  authorization unless at least one of the following circumstances
  343  applies for each procedure denied:
  344         1.Benefit limitations, such as annual maximums and
  345  frequency limitations not applicable at the time of the prior
  346  authorization, are reached subsequent to issuance of the prior
  347  authorization.
  348         2.The documentation provided by the person submitting the
  349  claim fails to support the claim as originally authorized.
  350         3.Subsequent to the issuance of the prior authorization,
  351  new procedures are provided to the patient or a change in the
  352  condition of the patient occurs such that the prior authorized
  353  procedure would no longer be considered medically necessary,
  354  based on the prevailing standard of care.
  355         4.Subsequent to the issuance of the prior authorization,
  356  new procedures are provided to the patient or a change in the
  357  patient’s condition occurs such that the prior authorized
  358  procedure would at that time have required disapproval pursuant
  359  to the terms and conditions for coverage under the patient’s
  360  plan in effect at the time the prior authorization was issued.
  361         5.The denial of the claim was due to one of the following:
  362         a.Another payor is responsible for payment.
  363         b.The dentist has already been paid for the procedures
  364  identified in the claim.
  365         c.The claim was submitted fraudulently, or the prior
  366  authorization was based in whole or material part on erroneous
  367  information provided to the health maintenance organization by
  368  the dentist, patient, or other person not related to the
  369  organization.
  370         d.The person receiving the procedure was not eligible to
  371  receive the procedure on the date of service and the health
  372  maintenance organization did not know, and with the exercise of
  373  reasonable care could not have known, of his or her
  374  ineligibility.
  375         (b)The subsection may not be waived, voided, or nullified
  376  by contract, and any contractual clause in conflict with this
  377  subsection or which purports to waive any requirements of this
  378  subsection is null and void.
  379         (c)The office has all rights and powers to enforce this
  380  subsection as provided by s. 624.307.
  381         (d)The commission may adopt rules to implement this
  382  subsection.
  383         Section 6. This act shall take effect December 1, 2024.