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 notwithstandingor for which a reimbursement would be available170but forthe 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, notwithstandingor for which a234reimbursement would be available but forthe 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, notwithstandingor298for which a reimbursement would be available but forthe 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.