Florida 2023 2023 Regular Session

Florida House Bill H1335 Comm Sub / Bill

Filed 03/29/2023

                       
 
CS/HB 1335  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1335-01-c1 
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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 
 
 
 
A bill to be entitled 1 
An act relating to the payment of health insurance 2 
claims; amending ss. 627.6131 and 641.3155, F.S.; 3 
prohibiting a health insurer or health maintenance 4 
organization from retroactively denying a claim at any 5 
time because of ineligibility of the insured or 6 
subscriber, respectively; specifying an exception; 7 
providing applicability of the prohibition to 8 
contracts entered into or renewed on or after a 9 
specified date; providing nonapplicability of the 10 
prohibition to Medicaid managed care plans; providing 11 
an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Subsection (11) of section 627.6131, Florida 16 
Statutes, is amended to read: 17 
 627.6131  Payment of claims. — 18 
 (11)  A health insurer may not retroactively deny a claim 19 
because of insured ineligibility at any time, except a health 20 
insurer may retroactively deny a claim for insured ineligibility 21 
within 1 year after the da te of payment of the claim if the 22 
provider was convicted of fraud pursuant to s. 817.234. This 23 
subsection applies to policies entered into or renewed on or 24 
after January 1, 2024 more than 1 year after the date of payment 25     
 
CS/HB 1335  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1335-01-c1 
Page 2 of 2 
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 
 
 
 
of the claim. 26 
 Section 2.  Subsection (10) of section 641.3155, Florida 27 
Statutes, is amended to read: 28 
 641.3155  Prompt payment of claims. — 29 
 (10)  A health maintenance organization may not 30 
retroactively deny a claim because of subscriber ineligibility 31 
at any time, except a health maintena nce organization may 32 
retroactively deny a claim for subscriber ineligibility within 1 33 
year after the date of payment of the claim if the provider was 34 
convicted of fraud pursuant to s. 817.234. This subsection 35 
applies to contracts entered into or renewed on or after January 36 
1, 2024. This subsection does not apply to Medicaid managed care 37 
plans under part IV of chapter 409 more than 1 year after the 38 
date of payment of the claim . 39 
 Section 3.  This act shall take effect July 1, 2023. 40