Florida 2024 2024 Regular Session

Florida House Bill H0659 Introduced / Bill

Filed 11/27/2023

                       
 
HB 659  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to health plans; amending s. 408.7057, 2 
F.S.; prohibiting health plans from declining to 3 
participate in filed claims; providing defaults 4 
against health plans for failure to respond; requiring 5 
the Agency for Health Care Administration to provide 6 
health plans with notices of failure to pay providers 7 
the amounts provided in claim dispute orders under 8 
certain circumstances; requiring health plans to pa y 9 
providers the amounts provided in claim dispute orders 10 
under certain circumstances; providing penalties for 11 
failure to pay such amounts; amending s. 627.4302, 12 
F.S.; requiring certain health insurance and health 13 
maintenance organization benefits -identification cards 14 
to include specified information in a certain manner; 15 
providing applicability; providing rulemaking 16 
authority; amending ss. 627.642, 627.657, and 641.31, 17 
F.S.; requiring certain health insurance and health 18 
maintenance organization identificatio n cards to 19 
include specified information in a certain manner; 20 
providing applicability; providing rulemaking 21 
authority; providing an effective date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
HB 659  	2024 
 
 
 
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 Section 1.  Subsection (7) of section 408 .7057, Florida 26 
Statutes, is renumbered as subsection (8), subsection (5) is 27 
amended, paragraph (i) is added to subsection (2), and a new 28 
subsection (7) is added to that section, to read: 29 
 408.7057  Statewide provider and health plan claim dispute 30 
resolution program.— 31 
 (2) 32 
 (i)  A health plan may not decline to participate in a 33 
filed claim. Failure to respond as provided in paragraph (f) 34 
shall result in a default against the health plan. 35 
 (5)  The agency shall notify within 7 days the appropriate 36 
licensure or certification entity whenever there is : 37 
 (a)  A failure to pay as provided in subsection (7); or 38 
 (b) A violation of a final order issued by the agency 39 
pursuant to this section. 40 
 (7)  A health plan that does not prevail in the agency's 41 
order shall pay the provider the amount provided in the order 42 
within 35 days after the order is entered. A health plan that 43 
does not pay the required amount within this timeframe is 44 
subject to a penalty of not more than $500 per day until the 45 
amount is paid. 46 
 Section 2.  Subsection (2) of section 627.4302, Florida 47 
Statutes, is amended to read: 48 
 627.4302  Identification cards for processing prescription 49 
drug claims.— 50     
 
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 (2)  Any health insurer or health maintenance organization 51 
and all state and local government entities ent ering into an 52 
agreement to provide coverage for prescription drugs on an 53 
outpatient basis shall provide a benefits -identification card 54 
containing the following information: 55 
 (a)  The name of the claim processor. 56 
 (b)  The electronic-claims payor identification number or 57 
the issuer identification number, also referred to as the 58 
Banking Identification Number or "BIN," assigned by the American 59 
National Standards Institute. 60 
 (c)  The insured's prescription group number. 61 
 (d)  The insured's identificat ion number. 62 
 (e)  The insured's name. 63 
 (f)  The claims submission name and address. 64 
 (g)  The help desk telephone number. 65 
 (h)  The type of plan, only if the plan is filed in this 66 
state; an indication that the plan is self -funded; or the name 67 
of the network. 68 
 1.  If the plan is subject to state regulation, the 69 
identification card must include the letters "FL" on the back 70 
left-hand corner of the card, under which a quick response (QR) 71 
code must be displayed directing the insured or the subscriber 72 
to the consumer services website of the Division of Consumer 73 
Services of the department. Based on the plan, the website may 74 
display the name of the regulatory entity with relevant contact 75     
 
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information, including a telephone number or website hyperlink 76 
for the entity. The website may also include the following 77 
notice: "If your plan card does not display 'FL' on the back 78 
left-hand corner of the card, your plan may be regulated by 79 
another state, another Florida state agency, or the Federal 80 
Government. If you need assistan ce in locating the appropriate 81 
regulator for your plan, please visit the Get Insurance Help web 82 
page of the Division of Consumer Services." 83 
 2.  Subparagraph 1. applies to benefits -identification 84 
cards issued or reissued on or after January 1, 2025. 85 
 3.  The department may adopt rules to implement necessary 86 
changes to the consumer services website and hotline of the 87 
Division of Consumer Services to best assist insureds or 88 
subscribers who are at an impasse with their insurers or health 89 
maintenance organizati ons, respectively. 90 
 (i)(h) Any other information that the entity finds will 91 
assist in the processing of the claim. 92 
 93 
The information required in paragraphs (a), (b), (g), and (i) 94 
(h) must be provided on the card, unless instruction is provided 95 
on the card for ready access to such information by electronic 96 
means. 97 
 Section 3.  Paragraph (c) of subsection (3) of section 98 
627.642, Florida Statutes, is amended to read: 99 
 627.642  Outline of coverage. — 100     
 
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 (3)  In addition to the outline of coverage, a policy as 101 
specified in s. 627.6699(3)(k) must be accompanied by an 102 
identification card that contains, at a minimum: 103 
 (c)  The type of plan , only if the plan is filed in this 104 
the state;, an indication that the plan is self -funded;, or the 105 
name of the network. 106 
 1.  If the plan is subject to state regulation, the 107 
identification card must include the letters "FL" on the back 108 
left-hand corner of the card, under which a quick response (QR) 109 
code must be displayed directing the insured to the consumer 110 
services website of the Di vision of Consumer Services of the 111 
department. Based on the plan, the website may display the name 112 
of the regulatory entity with relevant contact information, 113 
including a telephone number or website hyperlink for the 114 
entity. The website may also include th e following notice: "If 115 
your plan card does not display 'FL' on the back left -hand 116 
corner of the card, your plan may be regulated by another state, 117 
another Florida state agency, or the Federal Government. If you 118 
need assistance in locating the appropriate regulator for your 119 
plan, please visit the Get Insurance Help web page of the 120 
Division of Consumer Services." 121 
 2.  Subparagraph 1. applies to identification cards issued 122 
or reissued on or after January 1, 2025. 123 
 3.  The department may adopt rules to impleme nt necessary 124 
changes to the consumer services website and hotline of the 125     
 
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Division of Consumer Services to best assist insureds who are at 126 
an impasse with their insurers. 127 
 128 
The identification card must present the information in a 129 
readily identifiable manner or, alternatively, the information 130 
may be embedded on the card and available through magnetic 131 
stripe or smart card. The information may also be provided 132 
through other electronic technology. 133 
 Section 4.  Paragraph (c) of subsection (2) of section 134 
627.657, Florida Statutes, is amended to read: 135 
 627.657  Provisions of group health insurance policies. — 136 
 (2)  The medical policy as specified in s. 627.6699(3)(k) 137 
must be accompanied by an identification card that contains, at 138 
a minimum: 139 
 (c)  The type of plan , only if the plan is filed in the 140 
state;, an indication that the plan is self -funded;, or the name 141 
of the network. 142 
 1.  If the plan is subject to state regulation, the 143 
identification card must include the letters "FL" on the back 144 
left-hand corner of the car d, under which a quick response (QR) 145 
code must be displayed directing the insured or the subscriber 146 
to the consumer services website of the Division of Consumer 147 
Services of the department. Based on the plan, the website may 148 
display the name of the regulato ry entity with relevant contact 149 
information, including a telephone number or website hyperlink 150     
 
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for the entity. The website may also include the following 151 
notice: "If your plan card does not display 'FL' on the back 152 
left-hand corner of the card, your plan m ay be regulated by 153 
another state, another Florida state agency, or the Federal 154 
Government. If you need assistance in locating the appropriate 155 
regulator for your plan, please visit the Get Insurance Help web 156 
page of the Division of Consumer Services." 157 
 2.  Subparagraph 1. applies to identification cards issued 158 
or reissued on or after January 1, 2025. 159 
 3.  The department may adopt rules to implement necessary 160 
changes to the consumer services website and hotline of the 161 
Division of Consumer Services to best ass ist insureds who are at 162 
an impasse with their insurers. 163 
 164 
The identification card must present the information in a 165 
readily identifiable manner or, alternatively, the information 166 
may be embedded on the card and available through magnetic 167 
stripe or smart card. The information may also be provided 168 
through other electronic technology. 169 
 Section 5.  Paragraph (c) of subsection (42) of section 170 
641.31, Florida Statutes, is amended to read: 171 
 641.31  Health maintenance contracts. — 172 
 (42)  The contract, certificat e, or member handbook must be 173 
accompanied by an identification card that contains, at a 174 
minimum: 175     
 
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 (c)  A statement that the health plan is a health 176 
maintenance organization. Only a health plan with a certificate 177 
of authority issued under this chapter may b e identified as a 178 
health maintenance organization. 179 
 1.  If the plan is subject to state regulation, the 180 
identification card must include the letters "FL" on the back 181 
left-hand corner of the card, under which a quick response (QR) 182 
code must be displayed dir ecting the insured or the subscriber 183 
to the consumer services website of the Division of Consumer 184 
Services of the department. Based on the plan, the website may 185 
display the name of the regulatory entity with relevant contact 186 
information, including a teleph one number or website hyperlink 187 
for the entity. The website may also include the following 188 
notice: "If your plan card does not display 'FL' on the back 189 
left-hand corner of the card, your plan may be regulated by 190 
another state, another Florida state agency, or the Federal 191 
Government. If you need assistance in locating the appropriate 192 
regulator for your plan, please visit the help web page of the 193 
Division of Consumer Services." 194 
 2.  Subparagraph 1. applies to identification cards issued 195 
or reissued on or afte r January 1, 2025. 196 
 3.  The department may adopt rules to implement necessary 197 
changes to the consumer services website and hotline of the 198 
Division of Consumer Services to best assist subscribers who are 199 
at an impasse with their health maintenance organizat ions. 200     
 
HB 659  	2024 
 
 
 
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 201 
The identification card must present the information in a 202 
readily identifiable manner or, alternatively, the information 203 
may be embedded on the card and available through magnetic 204 
stripe or smart card. The information may also be provided 205 
through other electronic technology. 206 
 Section 6.  This act shall take effect January 1, 2025. 207