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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 A bill to be entitled An act relating to dental insurance claims;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 A bill to be entitled An act relating to dental insurance claims;
requiring a health insurer to notify a dentist if initiating or changing electronic funds transfer payment methods for dental claims;
requiring a health insurer to make certain notifications before paying a claim to a dentist through electronic funds transfer;
prohibiting a health insurer from charging a fee to transmit a payment to a dentist through an automated clearinghouse transfer unless the dentist has consented to such fee;
prohibiting a health insurer from charging a fee to transmit a payment to a dentist through ACH transfer unless the dentist has consented to such fee;
authorizing a health insurer to charge certain fees;
providing construction;
providing applicability;
providing applicability;
providing construction;
627.6474, F.S.;
revising the definition of the term "covered services";
amending s.
requiring a prepaid limited health service organization to notify a Page 1of 13 CODING:
requiring the prepaid limited health service organization to make certain notifications Page 1of 14 CODING:
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 dentist if initiating or changing electronic funds transfer payment methods for dental claims;
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 before paying a claim to a dentist through electronic funds transfer;
prohibiting a prepaid limited health service organization from charging a fee to transmit a payment to a dentist through an automated clearinghouse transfer unless the dentist has consented to such fee;
prohibiting a prepaid limited health service organization from charging a fee to transmit a payment to a dentist through ACH transfer unless the dentist has consented to such fee;
authorizing a prepaid limited health service organization to charge certain fees;
providing construction;
providing applicability;
revising the definition of the term "covered services";
providing applicability;
providing construction;
authorizing the office to enforce certain provisions;
authorizing the commission to adopt rules;
revising the definition of the term "covered service";
requiring a health maintenance organization to notify a dentist if initiating or changing electronic funds transfer payment methods for dental claims;
requiring the health maintenance organization to make certain notifications before paying a claim to a dentist through electronic funds transfer;
prohibiting a health maintenance organization from charging a fee to transmit a payment to a dentist through an automated clearinghouse transfer unless the dentist has consented to such fee;
prohibiting a health maintenance organization from charging a fee to transmit a payment to a dentist through ACH transfer unless the dentist has consented to such fee;
authorizing a health maintenance organization to Page 2of 13 CODING:
providing construction;
Page 2of 14 CODING:
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 charge certain fees;
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 authorizing the office to enforce certain provisions;
providing applicability;
authorizing the office to enforce certain provisions;
providing applicability;
providing construction;
627.6131 Payment of claims.— (20)(a) A contract between a health insurer and a dentist licensed under chapter 466 for the provision of services to an insured may not require credit card payment as the only acceptable method for payments from the health insurer to the dentist.
627.6131 Payment of claims.— (20)(a) A contract between a health insurer and a dentist licensed under chapter 466 for the provision of services to an insured may not specify credit card payment as the only acceptable method for payments from the health insurer to the dentist.
(b) If initiating or changing payments to a dentist using electronic funds transfer payments, including, but not limited to, virtual credit card payments, a health insurer shall notify the dentist in writing of all of the following:
(b) At least 10 days before a health insurer pays a claim to a dentist through electronic funds transfer, including, but not limited to, virtual credit card payments, the health insurer shall notify the dentist in writing of all of the following:
The fees, if any, associated with the electronic funds Page 3of 13 CODING:
The fees, if any, associated with the electronic funds transfer.
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hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 transfer.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 2.
2.
The available methods of payment of claims by the health insurer, with clear instructions to the dentist on how to select an alternative payment method.
The available methods of payment of claims by the health insurer, with clear instructions to the dentist on how to select an alternative payment method, if any.
(c) A health insurer that pays a claim to a dentist through Automated Clearing House (ACH) transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.
(c) A health insurer that pays a claim to a dentist through an automated clearinghouse transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.
(d) This subsection may not be waived, voided, or nullified by contract, and any contractual clause in conflict with this subsection or which purports to waive any requirements of this subsection is null and void.
A health insurer may charge reasonable fees for value-added services related to the transfer, including, but not limited to, transaction management, data management, and portal services.
(d) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.
Benefit limitations, such as annual maximums and frequency limitations not applicable at the time of the prior authorization, are reached subsequent to issuance of the prior Page 4of 13 CODING:
Benefit limitations, such as annual maximums and frequency limitations not applicable at the time of the prior authorization, are reached subsequent to issuance of the prior authorization.
2.
The documentation provided by the person submitting the Page 4of 14 CODING:
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hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 authorization.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 claim fails to support the claim as originally authorized.
2.
The documentation provided by the person submitting the claim fails to support the claim as originally authorized.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the condition of the patient occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.
The person receiving the procedure was not eligible to receive the procedure on the date of service.
The person receiving the procedure was not eligible to receive the procedure on the date of service, and the health insurer did not know, and with the exercise of reasonable care could not have known, of his or her ineligibility.
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hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 e.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 (b) This subsection may not be waived, voided, or nullified by contract, and any contractual clause in conflict with this subsection or which purports to waive any requirements of this subsection is null and void.
The services were provided during the grace period established under s.
627.608 or applicable federal regulations, and the health insurer notified the dentist that the patient was in the grace period when the dentist requested eligibility or enrollment verification from the health insurer, if such request was made.
(b) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.
Section 636.032, Florida Statutes, is amended to read:
Subsection (2) of section 627.6474, Florida Statutes, is amended to read:
636.032 Acceptable payments.— (1) Each prepaid limited health service organization may accept from government agencies, corporations, groups, or individuals payments covering all or part of the cost of contracts entered into between the prepaid limited health service organization and its subscribers.
627.6474 Provider contracts.— (2) A contract between a health insurer and a dentist licensed under chapter 466 for the provision of services to an insured may not contain a provision that requires the dentist to provide services to the insured under such contract at a fee set by the health insurer unless such services are covered services under the applicable contract.
(2)(a) A contract between a prepaid limited health service organization and a dentist licensed under chapter 466 for the provision of services to a subscriber may not require credit card payment as the only acceptable method for payments from the prepaid limited health service organization to the dentist.
As used in this subsection, the term "covered services" means dental care services for which a reimbursement is available under the insured's contract, notwithstanding or for which a reimbursement would be available but for the application of contractual limitations, such as deductibles, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation.
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Section 3.
Section 636.032, Florida Statutes, is amended Page 6of 14 CODING:
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 (b) If initiating or changing payments to a dentist using electronic funds transfer payments, including, but not limited to, virtual credit card payments, a prepaid limited health service organization shall notify the dentist in writing of all of the following:
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 to read:
636.032 Acceptable payments.— (1) Each prepaid limited health service organization may accept from government agencies, corporations, groups, or individuals payments covering all or part of the cost of contracts entered into between the prepaid limited health service organization and its subscribers.
(2)(a) A contract between a prepaid limited health service organization and a dentist licensed under chapter 466 for the provision of services to a subscriber may not specify credit card payment as the only acceptable method for payments from the prepaid limited health service organization to the dentist.
(b) At least 10 days before a prepaid limited health service organization pays a claim to a dentist through electronic funds transfer, including, but not limited to, virtual credit card payments, the prepaid limited health service organization shall notify the dentist in writing of all of the following:
The available methods of payment of claims by the prepaid limited health service organization, with clear instructions to the dentist on how to select an alternative payment method, if any.
The available methods of payment of claims by the prepaid limited health service organization, with clear instructions to the dentist on how to select an alternative payment method.
(c) A prepaid limited health service organization that pays a claim to a dentist through an automated clearinghouse transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.
(c) A prepaid limited health service organization that Page 7of 14 CODING:
A prepaid limited health service organization may charge reasonable fees for value-added services related to the transfer, including, but not limited to, transaction management, data management, and portal services.
Words strickenare deletions;
(d) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.
words underlined are additions.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 pays a claim to a dentist through Automatic Clearing House (ACH) transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.
(d) This subsection may not be waived, voided, or nullified by contract, and any contractual clause in conflict with this subsection or which purports to waive any requirements of this subsection is null and void.
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Section 4.
Subsection (13) of section 636.035, Florida Statutes, is amended, and subsection (15) is added to that section, to read:
636.035 Provider arrangements.— (13) A contract between a prepaid limited health service organization and a dentist licensed under chapter 466 for the provision of services to a subscriber of the prepaid limited health service organization may not contain a provision that requires the dentist to provide services to the subscriber of the prepaid limited health service organization at a fee set by the prepaid limited health service organization unless such services are covered services under the applicable contract.
As used in this subsection, the term "covered services" means dental care services for which a reimbursement is available Page 8of 14 CODING:
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 Section 3.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 under the subscriber's contract, notwithstanding or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation.
Subsection (15) is added to section 636.035, Florida Statutes, to read:
(15)(a) A prepaid limited health service organization may not deny any claim subsequently submitted by a dentist licensed under chapter 466 for procedures specifically included in a prior authorization unless at least one of the following circumstances applies for each procedure denied:
636.035 Provider arrangements.— (15)(a) A prepaid limited health service organization may not deny any claim subsequently submitted by a dentist licensed under chapter 466 for procedures specifically included in a prior authorization unless at least one of the following circumstances applies for each procedure denied:
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the condition of the patient occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized procedure would at that time have required disapproval pursuant to the terms and conditions for coverage under the patient's plan in effect at the time the prior authorization was issued.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized Page 9of 14 CODING:
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hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 5.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 procedure would at that time have required disapproval pursuant to the terms and conditions for coverage under the patient's plan in effect at the time the prior authorization was issued.
5.
The person receiving the procedure was not eligible to receive the procedure on the date of service.
The person receiving the procedure was not eligible to receive the procedure on the date of service, and the prepaid limited health service organization did not know, and with the exercise of reasonable care could not have known, of his or her ineligibility.
e.
(b) This subsection may not be waived, voided, or nullified by contract, and any contractual clause in conflict with this subsection or which purports to waive any requirements of this subsection is null and void.
The services were provided during the grace period established under s.
(c) The office has all rights and powers to enforce this subsection as provided by s.
636.016 or applicable federal regulations, and the prepaid limited health service organization notified the dentist that the patient was in the grace period when the dentist requested eligibility or enrollment verification from the prepaid limited health service organization, if such request was made.
624.307.
(b) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.
(d) The commission may adopt rules to implement this Page 10 of14 CODING:
Section 4.
Subsections (13) and (14) are added to section 641.315, Florida Statutes, to read:
641.315 Provider contracts.— (13)(a) A contract between a health maintenance Page 9of 13 CODING:
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 organization and a dentist licensed under chapter 466 for the provision of services to a subscriber of the health maintenance organization may not require credit card payment as the only acceptable method for payments from the health maintenance organization to the dentist.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 subsection.
(b) If initiating or changing payments to a dentist using electronic funds transfer payments, including, but not limited to, virtual credit card payments, a health maintenance organization shall notify the dentist in writing of all of the following:
Section 5.
Subsection (11) of section 641.315, Florida Statutes, is amended, and subsections (13) and (14) are added to that section, to read:
641.315 Provider contracts.— (11) A contract between a health maintenance organization and a dentist licensed under chapter 466 for the provision of services to a subscriber of the health maintenance organization may not contain a provision that requires the dentist to provide services to the subscriber of the health maintenance organization at a fee set by the health maintenance organization unless such services are covered services under the applicable contract.
As used in this subsection, the term "covered services" means dental care services for which a reimbursement is available under the subscriber's contract, notwithstanding or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation.
(13)(a) A contract between a health maintenance organization and a dentist licensed under chapter 466 for the provision of services to a subscriber of the health maintenance organization may not specify credit card payment as the only acceptable method for payments from the health maintenance Page 11 of14 CODING:
Words strickenare deletions;
words underlined are additions.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 organization to the dentist.
(b) At least 10 days before a health maintenance organization pays a claim to a dentist through electronic funds transfer, including, but not limited to, virtual credit card payments, the health maintenance organization shall notify the dentist in writing of all of the following:
The available methods of payment of claims by the health maintenance organization, with clear instructions to the dentist on how to select an alternative payment method, if any.
The available methods of payment of claims by the health maintenance organization, with clear instructions to the dentist on how to select an alternative payment method.
(c) A health maintenance organization that pays a claim to a dentist through an automated clearinghouse transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.
(c) A health maintenance organization that pays a claim to a dentist through Automated Clearing House (ACH) transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee.
A health maintenance organization may charge reasonable fees for value- added services related to the transfer, including, but not limited to, transaction management, data management, and portal services.
(d) This subsection may not be waived, voided, or nullified by contract, and any contractual clause in conflict with this subsection or which purports to waive any requirements of this subsection is null and void.
(d) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.
(e) The office has all rights and powers to enforce this subsection as provided by s.
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Words strickenare deletions;
words underlined are additions.
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 (e) The office has all rights and powers to enforce this subsection as provided by s.
(14)(a) A health maintenance organization may not deny any claim subsequently submitted by a dentist licensed under chapter 466 for procedures specifically included in a prior authorization unless at least one of the following circumstances applies for each procedure denied:
(14)(a) A health maintenance organization may not deny any claim subsequently submitted by a dentist licensed under chapter Page 12 of14 CODING:
Words strickenare deletions;
words underlined are additions.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 466 for procedures specifically included in a prior authorization unless at least one of the following circumstances applies for each procedure denied:
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the condition of the patient occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized procedure would at that time have required disapproval pursuant to the terms and conditions for coverage under the patient's Page 11 of13 CODING:
Subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the patient's condition occurs such that the prior authorized procedure would at that time have required disapproval pursuant to the terms and conditions for coverage under the patient's plan in effect at the time the prior authorization was issued.
Words strickenare deletions;
words underlined are additions.
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 plan in effect at the time the prior authorization was issued.
c.
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words underlined are additions.
hb1219-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1219 2024 c.
The person receiving the procedure was not eligible to receive the procedure on the date of service.
The person receiving the procedure was not eligible to receive the procedure on the date of service, and the health maintenance organization did not know, and with the exercise of reasonable care could not have known, of his or her ineligibility.
e.
(b) The subsection may not be waived, voided, or nullified by contract, and any contractual clause in conflict with this subsection or which purports to waive any requirements of this subsection is null and void.
The services were provided during the grace period established under s.
641.31 or applicable federal regulations, and the health maintenance organization notified the dentist that the patient was in the grace period when the dentist requested eligibility or enrollment verification from the health maintenance organization, if such request was made.
(b) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025.
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Section 6.
Words strickenare deletions;
words underlined are additions.
hb1219-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1219 2024 Section 5.
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hb1219-02-c2
hb1219-01-c1
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