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 notwithstandingor for which a reimbursement would be available183but forthe 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, notwithstandingor for which a253reimbursement would be available but forthe 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, notwithstandingor317for which a reimbursement would be available but forthe 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.