19 | | - | requirements for such notice; providing requirements 6 |
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20 | | - | for a practitioner to confirm network status; 7 |
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21 | | - | providing for health care practitioner disciplinary 8 |
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22 | | - | action under certain conditions; amending s. 627.6471, 9 |
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23 | | - | F.S.; requiring certain health insurers to apply 10 |
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24 | | - | payments for services provided by nonpreferred 11 |
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25 | | - | providers toward insureds' deductibles and out -of-12 |
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26 | | - | pocket maximums if specified conditions are met; 13 |
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27 | | - | providing an effective date. 14 |
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| 19 | + | requirements for such notice; providing for health 6 |
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| 20 | + | care practitioner disciplinary action under certain 7 |
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| 21 | + | conditions; amending s. 627.6471, F.S.; requiring 8 |
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| 22 | + | certain health insurers to apply payments for services 9 |
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| 23 | + | provided by nonpreferred providers toward insureds' 10 |
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| 24 | + | deductibles and out-of-pocket maximums if specified 11 |
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| 25 | + | conditions are met; providing an effective date. 12 |
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| 26 | + | 13 |
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| 27 | + | Be It Enacted by the Legislature of the State of Florida: 14 |
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29 | | - | Be It Enacted by the Legislature of t he State of Florida: 16 |
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30 | | - | 17 |
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31 | | - | Section 1. Subsection (2) of section 456.0575, Florida 18 |
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32 | | - | Statutes, is renumbered as subsection (3), and a new subsection 19 |
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33 | | - | (2) is added to that section to read: 20 |
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34 | | - | 456.0575 Duty to notify patients. — 21 |
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35 | | - | (2) A health care practitioner sha ll notify a patient in 22 |
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36 | | - | writing upon referring the patient to a nonparticipating 23 |
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37 | | - | provider for nonemergency services, as those terms are defined 24 |
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38 | | - | in s. 627.64194(1), or to a provider, as defined in s. 641.47, 25 |
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| 29 | + | Section 1. Subsection (2) of section 456.05 75, Florida 16 |
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| 30 | + | Statutes, is renumbered as subsection (3), and a new subsection 17 |
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| 31 | + | (2) is added to that section to read: 18 |
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| 32 | + | 456.0575 Duty to notify patients. — 19 |
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| 33 | + | (2) A health care practitioner shall notify a patient in 20 |
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| 34 | + | writing upon referring the patient to a nonpar ticipating 21 |
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| 35 | + | provider for nonemergency services, as those terms are defined 22 |
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| 36 | + | in s. 627.64194(1), or to a provider, as defined in s. 641.47, 23 |
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| 37 | + | that is not under contract with the patient's health maintenance 24 |
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| 38 | + | organization. Such notice must state that the services will be 25 |
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51 | | - | that is not under contract with the patient's heal th maintenance 26 |
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52 | | - | organization. Such notice must state that the services will be 27 |
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53 | | - | provided on an out-of-network basis, which may result in 28 |
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54 | | - | additional cost-sharing responsibilities for the patient, and 29 |
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55 | | - | such notice must be documented in the patient's medical rec ord. 30 |
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56 | | - | The practitioner or his or her employee may confirm the referral 31 |
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57 | | - | provider's participation by contacting the referral provider or 32 |
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58 | | - | the patient's health insurer or health maintenance organization, 33 |
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59 | | - | as necessary, or may rely on the online provider director y of 34 |
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60 | | - | the health insurer or health maintenance organization. Failure 35 |
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61 | | - | to comply with this subsection, without good cause, shall result 36 |
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62 | | - | in disciplinary action against the health care practitioner. 37 |
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63 | | - | Section 2. Subsection (7) of section 627.6471, Florida 38 |
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64 | | - | Statutes, is renumbered as subsection (8), and a new subsection 39 |
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65 | | - | (7) is added to that section to read: 40 |
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66 | | - | 627.6471 Contracts for reduced rates of payment; 41 |
---|
67 | | - | limitations; coinsurance and deductibles. — 42 |
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68 | | - | (7) Any insurer issuing a policy of health insurance in 43 |
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69 | | - | this state shall apply the payment for a service provided to an 44 |
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70 | | - | insured by a nonpreferred provider toward the insured's 45 |
---|
71 | | - | deductible and out-of-pocket maximum as if the service had been 46 |
---|
72 | | - | provided by a preferred provider if all of the following apply: 47 |
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73 | | - | (a) The insured requests that the insurer apply the 48 |
---|
74 | | - | payment for the service provided to the insured by the 49 |
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75 | | - | nonpreferred provider toward the insured's deductible and out -50 |
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| 51 | + | provided on an out-of-network basis, which may result in 26 |
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| 52 | + | additional cost-sharing responsibilities for the patient, and 27 |
---|
| 53 | + | such notice must be documented in the patient's medical record. 28 |
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| 54 | + | Failure to comply with this subsection, without good cause, 29 |
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| 55 | + | shall result in disciplinary action against the health care 30 |
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| 56 | + | practitioner. 31 |
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| 57 | + | Section 2. Subsection (7) of section 627.6471, Florida 32 |
---|
| 58 | + | Statutes, is renumbered as subsection (8), and a new subsection 33 |
---|
| 59 | + | (7) is added to that section to read: 34 |
---|
| 60 | + | 627.6471 Contracts for reduced rates of payment; 35 |
---|
| 61 | + | limitations; coinsurance and deductibles. — 36 |
---|
| 62 | + | (7) Any insurer issuing a policy of health insurance in 37 |
---|
| 63 | + | this state shall apply the payment for a service provided to an 38 |
---|
| 64 | + | insured by a nonpreferred provider toward the insured's 39 |
---|
| 65 | + | deductible and out-of-pocket maximum as if the service had been 40 |
---|
| 66 | + | provided by a preferred provider if all of the following apply: 41 |
---|
| 67 | + | (a) The insured requests that the insurer apply the 42 |
---|
| 68 | + | payment for the service provided to the insured by the 43 |
---|
| 69 | + | nonpreferred provider toward the insured's deductible and out -44 |
---|
| 70 | + | of-pocket maximum. 45 |
---|
| 71 | + | (b) The service provided to the insured by the 46 |
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| 72 | + | nonpreferred provider is within the scope of services covered 47 |
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| 73 | + | under the insured's policy. 48 |
---|
| 74 | + | (c) The amount that the nonpreferred provider charged the 49 |
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| 75 | + | insured for the service is the same as or less than: 50 |
---|
88 | | - | of-pocket maximum. 51 |
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89 | | - | (b) The service provided to the insured by the 52 |
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90 | | - | nonpreferred provider is withi n the scope of services covered 53 |
---|
91 | | - | under the insured's policy. 54 |
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92 | | - | (c) The amount that the nonpreferred provider charged the 55 |
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93 | | - | insured for the service is the same as or less than: 56 |
---|
94 | | - | 1. The average amount that the insured's preferred 57 |
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95 | | - | provider network charges for t he service; or 58 |
---|
96 | | - | 2. The statewide average amount for the service based on 59 |
---|
97 | | - | data reported on the Florida Health Price Finder website. 60 |
---|
98 | | - | Section 3. This act shall take effect July 1, 2025. 61 |
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| 88 | + | 1. The average amount that the insured's preferred 51 |
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| 89 | + | provider network charges for the service; or 52 |
---|
| 90 | + | 2. The statewide average amount for the service based on 53 |
---|
| 91 | + | data reported on the Florida Health Price Finder w ebsite. 54 |
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| 92 | + | Section 3. This act shall take effect July 1, 2025. 55 |
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