Florida Senate - 2024                CS for CS for CS for SB 892
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Agriculture, Environment, and General Government; the
       Committee on Banking and Insurance; and Senator Harrell
       
       
       
       594-03657-24                                           2024892c3
    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; requiring the dentist’s consent to bear the
   11         signature of the dentist; specifying the form of such
   12         signature; prohibiting the insurer and dentist from
   13         requiring consent on a patient-by-patient basis;
   14         specifying the requirements of a certain notification;
   15         prohibiting a health insurer from charging a fee to
   16         transmit a payment to a dentist through Automated
   17         Clearing House (ACH) transfer unless the dentist has
   18         consented to such fee; providing construction;
   19         authorizing the Office of Insurance Regulation of the
   20         Financial Services Commission to enforce certain
   21         provisions; authorizing the commission to adopt rules;
   22         prohibiting a health insurer from denying claims for
   23         procedures included in a prior authorization;
   24         providing exceptions; providing construction;
   25         authorizing the office to enforce certain provisions;
   26         authorizing the commission to adopt rules; amending s.
   27         627.6474, F.S.; revising the definition of the term
   28         “covered services”; amending s. 636.032, F.S.;
   29         prohibiting a contract between a prepaid limited
   30         health service organization and a dentist from
   31         containing certain restrictions on payment methods;
   32         requiring the prepaid limited health service
   33         organization to make certain notifications and obtain
   34         a dentist’s consent before paying a claim to the
   35         dentist through electronic funds transfer; providing
   36         that a dentist’s consent applies to the dentist’s
   37         entire practice; requiring the dentist’s consent to
   38         bear the signature of the dentist; specifying the form
   39         of such signature; prohibiting the limited health
   40         service organization and dentist from requiring
   41         consent on a patient-by-patient basis; specifying the
   42         requirements of a certain notification; prohibiting a
   43         prepaid limited health service organization from
   44         charging a fee to transmit a payment to a dentist
   45         through ACH transfer unless the dentist has consented
   46         to such fee; providing construction; authorizing the
   47         office to enforce certain provisions; authorizing the
   48         commission to adopt rules; amending s. 636.035, F.S.;
   49         revising the definition of the term “covered
   50         services”; prohibiting a prepaid limited health
   51         service organization from denying claims for
   52         procedures included in a prior authorization;
   53         providing exceptions; providing construction;
   54         authorizing the office to enforce certain provisions;
   55         authorizing the commission to adopt rules; amending s.
   56         641.315, F.S.; revising the definition of the term
   57         “covered services”; prohibiting a contract between a
   58         health maintenance organization and a dentist from
   59         containing certain restrictions on payment methods;
   60         requiring the health maintenance organization to make
   61         certain notifications and obtain a dentist’s consent
   62         before paying a claim to the dentist through
   63         electronic funds transfer; providing that the
   64         dentist’s consent applies to the dentist’s entire
   65         practice; requiring the dentist’s consent to bear the
   66         signature of the dentist; specifying the form of such
   67         signature; prohibiting the health maintenance
   68         organization and dentist from requiring consent on a
   69         patient-by-patient basis; specifying the requirements
   70         of a certain notification; prohibiting a health
   71         maintenance organization from charging a fee to
   72         transmit a payment to a dentist through ACH transfer
   73         unless the dentist has consented to such fee;
   74         providing construction; authorizing the office to
   75         enforce certain provisions; authorizing the commission
   76         to adopt rules; prohibiting a health maintenance
   77         organization from denying claims for procedures
   78         included in a prior authorization; providing
   79         exceptions; providing construction; authorizing the
   80         office to enforce certain provisions; authorizing the
   81         commission to adopt rules; providing an effective
   82         date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Subsections (20) and (21) are added to section
   87  627.6131, Florida Statutes, to read:
   88         627.6131 Payment of claims.—
   89         (20)(a) A contract between a health insurer and a dentist
   90  licensed under chapter 466 for the provision of services to an
   91  insured may not specify credit card payment as the only
   92  acceptable method for payments from the health insurer to the
   93  dentist.
   94         (b)When a health insurer employs the method of claims
   95  payment to a dentist through electronic funds transfer,
   96  including, but not limited to, virtual credit card payment, the
   97  health insurer shall notify the dentist as provided in this
   98  paragraph and obtain the dentist’s consent in writing before
   99  employing the electronic funds transfer. The dentist’s written
  100  consent described in this paragraph applies to the dentist’s
  101  entire practice. For purposes of this paragraph, the dentist’s
  102  written consent, which may be given through e-mail, must bear
  103  the signature of the dentist. Such signature includes an
  104  electronic or digital signature if the form of signature is
  105  recognized as a valid signature under applicable federal law or
  106  state contract law or an act that demonstrates express consent,
  107  including, but not limited to, checking a box indicating
  108  consent. The insurer or dentist may not require that a dentist’s
  109  consent as described in this paragraph be made on a patient-by
  110  patient basis. The notification provided by the health insurer
  111  to the dentist must include all of the following:
  112         1.The fees, if any, associated with the electronic funds
  113  transfer.
  114         2.The available methods of payment of claims by the health
  115  insurer, with clear instructions to the dentist on how to select
  116  an alternative payment method.
  117         (c)A health insurer that pays a claim to a dentist through
  118  Automated Clearing House transfer may not charge a fee solely to
  119  transmit the payment to the dentist unless the dentist has
  120  consented to the fee.
  121         (d)This subsection may not be waived, voided, or nullified
  122  by contract, and any contractual clause in conflict with this
  123  subsection or that purports to waive any requirements of this
  124  subsection is null and void.
  125         (e)The office has all rights and powers to enforce this
  126  subsection as provided by s. 624.307.
  127         (f)The commission may adopt rules to implement this
  128  subsection.
  129         (21)(a)A health insurer may not deny any claim
  130  subsequently submitted by a dentist licensed under chapter 466
  131  for procedures specifically included in a prior authorization
  132  unless at least one of the following circumstances applies for
  133  each procedure denied:
  134         1.Benefit limitations, such as annual maximums and
  135  frequency limitations not applicable at the time of the prior
  136  authorization, are reached subsequent to issuance of the prior
  137  authorization.
  138         2.The documentation provided by the person submitting the
  139  claim fails to support the claim as originally authorized.
  140         3.Subsequent to the issuance of the prior authorization,
  141  new procedures are provided to the patient or a change in the
  142  condition of the patient occurs such that the prior authorized
  143  procedure would no longer be considered medically necessary,
  144  based on the prevailing standard of care.
  145         4.Subsequent to the issuance of the prior authorization,
  146  new procedures are provided to the patient or a change in the
  147  patient’s condition occurs such that the prior authorized
  148  procedure would at that time have required disapproval pursuant
  149  to the terms and conditions for coverage under the patient’s
  150  plan in effect at the time the prior authorization was issued.
  151         5.The denial of the claim was due to one of the following:
  152         a.Another payor is responsible for payment.
  153         b.The dentist has already been paid for the procedures
  154  identified in the claim.
  155         c.The claim was submitted fraudulently, or the prior
  156  authorization was based in whole or material part on erroneous
  157  information provided to the health insurer by the dentist,
  158  patient, or other person not related to the insurer.
  159         d.The person receiving the procedure was not eligible to
  160  receive the procedure on the date of service and the health
  161  insurer did not know, and with the exercise of reasonable care
  162  could not have known, of his or her ineligibility.
  163         (b)This subsection may not be waived, voided, or nullified
  164  by contract, and any contractual clause in conflict with this
  165  subsection or that purports to waive any requirements of this
  166  subsection is null and void.
  167         (c)The office has all rights and powers to enforce this
  168  subsection as provided by s. 624.307.
  169         (d)The commission may adopt rules to implement this
  170  subsection.
  171         Section 2. Subsection (2) of section 627.6474, Florida
  172  Statutes, is amended to read:
  173         627.6474 Provider contracts.—
  174         (2) A contract between a health insurer and a dentist
  175  licensed under chapter 466 for the provision of services to an
  176  insured may not contain a provision that requires the dentist to
  177  provide services to the insured under such contract at a fee set
  178  by the health insurer unless such services are covered services
  179  under the applicable contract. As used in this subsection, the
  180  term “covered services” means dental care services for which a
  181  reimbursement is available under the insured’s contract,
  182  notwithstanding or for which a reimbursement would be available
  183  but for the application of contractual limitations such as
  184  deductibles, coinsurance, waiting periods, annual or lifetime
  185  maximums, frequency limitations, alternative benefit payments,
  186  or any other limitation.
  187         Section 3. Section 636.032, Florida Statutes, is amended to
  188  read:
  189         636.032 Acceptable payments.—
  190         (1) Each prepaid limited health service organization may
  191  accept from government agencies, corporations, groups, or
  192  individuals payments covering all or part of the cost of
  193  contracts entered into between the prepaid limited health
  194  service organization and its subscribers.
  195         (2)(a)A contract between a prepaid limited health service
  196  organization and a dentist licensed under chapter 466 for the
  197  provision of services to a subscriber may not specify credit
  198  card payment as the only acceptable method for payments from the
  199  prepaid limited health service organization to the dentist.
  200         (b)When a prepaid limited health service organization
  201  employs the method of claims payment to a dentist through
  202  electronic funds transfer, including, but not limited to,
  203  virtual credit card payment, the prepaid limited health service
  204  organization shall notify the dentist as provided in this
  205  paragraph and obtain the dentist’s consent in writing before
  206  employing the electronic funds transfer. The dentist’s written
  207  consent described in this paragraph applies to the dentist’s
  208  entire practice. For purposes of this paragraph, the dentist’s
  209  written consent, which may be given through e-mail, must bear
  210  the signature of the dentist. Such signature includes an
  211  electronic or digital signature if the form of signature is
  212  recognized as a valid signature under applicable federal law or
  213  state contract law or an act that demonstrates express consent,
  214  including, but not limited to, checking a box indicating
  215  consent. The prepaid limited health service organization or
  216  dentist may not require that the dentist’s consent as described
  217  in this paragraph be made on a patient-by-patient basis. The
  218  notification provided by the prepaid limited health service
  219  organization to the dentist must include all of the following:
  220         1.The fees, if any, that are associated with the
  221  electronic funds transfer.
  222         2.The available methods of payment of claims by the
  223  prepaid limited health service organization, with clear
  224  instructions to the dentist on how to select an alternative
  225  payment method.
  226         (c)A prepaid limited health service organization that pays
  227  a claim to a dentist through Automatic Clearing House transfer
  228  may not charge a fee solely to transmit the payment to the
  229  dentist unless the dentist has consented to the fee.
  230         (d)This subsection may not be waived, voided, or nullified
  231  by contract, and any contractual clause in conflict with this
  232  subsection or that purports to waive any requirements of this
  233  subsection is null and void.
  234         (e)The office has all rights and powers to enforce this
  235  subsection as provided by s. 624.307.
  236         (f)The commission may adopt rules to implement this
  237  subsection.
  238         Section 4. Subsection (13) of section 636.035, Florida
  239  Statutes, is amended, and subsection (15) is added to that
  240  section, to read:
  241         636.035 Provider arrangements.—
  242         (13) A contract between a prepaid limited health service
  243  organization and a dentist licensed under chapter 466 for the
  244  provision of services to a subscriber of the prepaid limited
  245  health service organization may not contain a provision that
  246  requires the dentist to provide services to the subscriber of
  247  the prepaid limited health service organization at a fee set by
  248  the prepaid limited health service organization unless such
  249  services are covered services under the applicable contract. As
  250  used in this subsection, the term “covered services” means
  251  dental care services for which a reimbursement is available
  252  under the subscriber’s contract, notwithstanding or for which a
  253  reimbursement would be available but for the application of
  254  contractual limitations such as deductibles, coinsurance,
  255  waiting periods, annual or lifetime maximums, frequency
  256  limitations, alternative benefit payments, or any other
  257  limitation.
  258         (15)(a)A prepaid limited health service organization may
  259  not deny any claim subsequently submitted by a dentist licensed
  260  under chapter 466 for procedures specifically included in a
  261  prior authorization unless at least one of the following
  262  circumstances applies for each procedure denied:
  263         1.Benefit limitations, such as annual maximums and
  264  frequency limitations not applicable at the time of the prior
  265  authorization, are reached subsequent to issuance of the prior
  266  authorization.
  267         2.The documentation provided by the person submitting the
  268  claim fails to support the claim as originally authorized.
  269         3.Subsequent to the issuance of the prior authorization,
  270  new procedures are provided to the patient or a change in the
  271  condition of the patient occurs such that the prior authorized
  272  procedure would no longer be considered medically necessary,
  273  based on the prevailing standard of care.
  274         4.Subsequent to the issuance of the prior authorization,
  275  new procedures are provided to the patient or a change in the
  276  patient’s condition occurs such that the prior authorized
  277  procedure would at that time have required disapproval pursuant
  278  to the terms and conditions for coverage under the patient’s
  279  plan in effect at the time the prior authorization was issued.
  280         5.The denial of the dental service claim was due to one of
  281  the following:
  282         a.Another payor is responsible for payment.
  283         b.The dentist has already been paid for the procedures
  284  identified in the claim.
  285         c.The claim was submitted fraudulently, or the prior
  286  authorization was based in whole or material part on erroneous
  287  information provided to the prepaid limited health service
  288  organization by the dentist, patient, or other person not
  289  related to the organization.
  290         d.The person receiving the procedure was not eligible to
  291  receive the procedure on the date of service and the prepaid
  292  limited health service organization did not know, and with the
  293  exercise of reasonable care could not have known, of his or her
  294  ineligibility.
  295         (b)This subsection may not be waived, voided, or nullified
  296  by contract, and any contractual clause in conflict with this
  297  subsection or that purports to waive any requirements of this
  298  subsection is null and void.
  299         (c)The office has all rights and powers to enforce this
  300  subsection as provided by s. 624.307.
  301         (d)The commission may adopt rules to implement this
  302  subsection.
  303         Section 5. Subsection (11) of section 641.315, Florida
  304  Statutes, is amended, and subsections (13) and (14) are added to
  305  that section, to read:
  306         641.315 Provider contracts.—
  307         (11) A contract between a health maintenance organization
  308  and a dentist licensed under chapter 466 for the provision of
  309  services to a subscriber of the health maintenance organization
  310  may not contain a provision that requires the dentist to provide
  311  services to the subscriber of the health maintenance
  312  organization at a fee set by the health maintenance organization
  313  unless such services are covered services under the applicable
  314  contract. As used in this subsection, the term “covered
  315  services” means dental care services for which a reimbursement
  316  is available under the subscriber’s contract, notwithstanding or
  317  for which a reimbursement would be available but for the
  318  application of contractual limitations such as deductibles,
  319  coinsurance, waiting periods, annual or lifetime maximums,
  320  frequency limitations, alternative benefit payments, or any
  321  other limitation.
  322         (13)(a)A contract between a health maintenance
  323  organization and a dentist licensed under chapter 466 for the
  324  provision of services to a subscriber of the health maintenance
  325  organization may not specify credit card payment as the only
  326  acceptable method for payments from the health maintenance
  327  organization to the dentist.
  328         (b)When a health maintenance organization employs the
  329  method of claims payment to a dentist through electronic funds
  330  transfer, including, but not limited to, virtual credit card
  331  payment, the health maintenance organization shall notify the
  332  dentist as provided in this paragraph and obtain the dentist’s
  333  consent in writing before employing the electronic funds
  334  transfer. The dentist’s written consent described in this
  335  paragraph applies to the dentist’s entire practice. For purposes
  336  of this paragraph, the dentist’s written consent, which may be
  337  given through e-mail, must bear the signature of the dentist.
  338  Such signature includes an electronic or digital signature if
  339  the form of signature is recognized as a valid signature under
  340  applicable federal law or state contract law or an act that
  341  demonstrates express consent, including, but not limited to,
  342  checking a box indicating consent. The health maintenance
  343  organization or dentist may not require a dentist’s consent as
  344  described in this paragraph be made on a patient-by-patient
  345  basis. The notification provided by the health maintenance
  346  organization to the dentist must include all of the following:
  347         1.The fees, if any, that are associated with the
  348  electronic funds transfer.
  349         2.The available methods of payment of claims by the health
  350  maintenance organization, with clear instructions to the dentist
  351  on how to select an alternative payment method.
  352         (c)A health maintenance organization that pays a claim to
  353  a dentist through Automated Clearing House transfer may not
  354  charge a fee solely to transmit the payment to the dentist
  355  unless the dentist has consented to the fee.
  356         (d)This subsection may not be waived, voided, or nullified
  357  by contract, and any contractual clause in conflict with this
  358  subsection or which purports to waive any requirements of this
  359  subsection is null and void.
  360         (e)The office has all rights and powers to enforce this
  361  subsection as provided by s. 624.307.
  362         (f)The commission may adopt rules to implement this
  363  subsection.
  364         (14)(a)A health maintenance organization may not deny any
  365  claim subsequently submitted by a dentist licensed under chapter
  366  466 for procedures specifically included in a prior
  367  authorization unless at least one of the following circumstances
  368  applies for each procedure denied:
  369         1.Benefit limitations, such as annual maximums and
  370  frequency limitations not applicable at the time of the prior
  371  authorization, are reached subsequent to issuance of the prior
  372  authorization.
  373         2.The documentation provided by the person submitting the
  374  claim fails to support the claim as originally authorized.
  375         3.Subsequent to the issuance of the prior authorization,
  376  new procedures are provided to the patient or a change in the
  377  condition of the patient occurs such that the prior authorized
  378  procedure would no longer be considered medically necessary,
  379  based on the prevailing standard of care.
  380         4.Subsequent to the issuance of the prior authorization,
  381  new procedures are provided to the patient or a change in the
  382  patient’s condition occurs such that the prior authorized
  383  procedure would at that time have required disapproval pursuant
  384  to the terms and conditions for coverage under the patient’s
  385  plan in effect at the time the prior authorization was issued.
  386         5.The denial of the claim was due to one of the following:
  387         a.Another payor is responsible for payment.
  388         b.The dentist has already been paid for the procedures
  389  identified in the claim.
  390         c.The claim was submitted fraudulently, or the prior
  391  authorization was based in whole or material part on erroneous
  392  information provided to the health maintenance organization by
  393  the dentist, patient, or other person not related to the
  394  organization.
  395         d.The person receiving the procedure was not eligible to
  396  receive the procedure on the date of service and the health
  397  maintenance organization did not know, and with the exercise of
  398  reasonable care could not have known, of his or her
  399  ineligibility.
  400         (b)The subsection may not be waived, voided, or nullified
  401  by contract, and any contractual clause in conflict with this
  402  subsection or which purports to waive any requirements of this
  403  subsection is null and void.
  404         (c)The office has all rights and powers to enforce this
  405  subsection as provided by s. 624.307.
  406         (d)The commission may adopt rules to implement this
  407  subsection.
  408         Section 6. This act shall take effect January 1, 2025.