Florida 2025 2025 Regular Session

Florida House Bill H1231 Introduced / Bill

Filed 02/26/2025

                       
 
HB 1231   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to insurance claims payments to 2 
physicians; amending ss. 627.6131 and 641.315, F.S.; 3 
prohibiting contracts between certain physicians and 4 
health insurers and health maintenance organizations, 5 
respectively, from specifying credit card payments to 6 
physicians as the only acceptable method for payments; 7 
authorizing use of electronic funds transfers by 8 
health insurers and health maintenance organization s, 9 
respectively, for payments to physicians under certain 10 
circumstances; providing notification requirements; 11 
prohibiting health insurers and health maintenance 12 
organizations, respectively, from charging fees for 13 
automated clearinghouse transfers as claims payments 14 
to physicians; providing an exception; providing 15 
applicability; prohibiting health insurers and health 16 
maintenance organizations, respectively, from denying 17 
claims subsequently submitted by physicians for 18 
procedures that were included in prior au thorizations; 19 
providing exceptions; providing applicability; 20 
providing an effective date. 21 
 22 
Be It Enacted by the Legislature of the State of Florida: 23 
 24 
 Section 1.  Subsections (20) and (21) of section 627.6131, 25     
 
HB 1231   	2025 
 
 
 
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Florida Statutes, are amended to read: 26 
 627.6131  Payment of claims. — 27 
 (20)(a)  A contract between a health insurer and a dentist 28 
licensed under chapter 466 or a physician licensed under chapter 29 
458 or chapter 459 for the provision of services to an insured 30 
may not specify credit card payment as the only acceptable 31 
method for payments from the health insurer to the dentist or 32 
physician. 33 
 (b)  When a health insurer employs the method of claims 34 
payment to a dentist or physician through electronic funds 35 
transfer, including, but not limited to, virtu al credit card 36 
payment, the health insurer shall notify the dentist or 37 
physician as provided in this paragraph and obtain the dentist's 38 
or physician's consent before employing the electronic funds 39 
transfer. The dentist's or physician's consent described in this 40 
paragraph applies to the dentist's or physician's entire 41 
practice. For the purpose of this paragraph, the dentist's or 42 
physician's consent, which may be given through e -mail, must 43 
bear the signature of the dentist or physician. Such signature 44 
includes an electronic or digital signature if the form of 45 
signature is recognized as a valid signature under applicable 46 
federal law or state contract law or an act that demonstrates 47 
express consent, including, but not limited to, checking a box 48 
indicating consent. The health insurer or the dentist or 49 
physician may not require that a dentist's or physician's 50     
 
HB 1231   	2025 
 
 
 
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consent as described in this paragraph be made on a patient -by-51 
patient basis. The notification provided by the health insurer 52 
to the dentist or physician must include all of the following: 53 
 1.  The fees, if any, associated with the electronic funds 54 
transfer. 55 
 2.  The available methods of payment of claims by the 56 
health insurer, with clear instructions to the dentist or 57 
physician on how to select an alternative payment method. 58 
 (c)  A health insurer that pays a claim to a dentist or 59 
physician through automated clearinghouse transfer may not 60 
charge a fee solely to transmit the payment to the dentist or 61 
physician unless the dentist or physician has consented to the 62 
fee. 63 
 (d)  This subsection applies to all contracts: 64 
 1.  Between a health insurer and a dentist which are 65 
delivered, issued, or renewed on or after January 1, 2025. 66 
 2.  Between a health insurer and a physician which are 67 
delivered, issued, or renewed on or after January 1, 2026. 68 
 (e)  The office has all rights and powers to enforce this 69 
subsection as provided by s. 624.307. 70 
 (f)  The commission may adopt rules to implement this 71 
subsection. 72 
 (21)(a)  A health insurer may not deny any claim 73 
subsequently submitted by a dentist licensed under chapter 466 74 
or a physician licensed under chapter 458 or chapter 459 for 75     
 
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procedures specifically included in a prior authorization unless 76 
at least one of the following circumstances applies for each 77 
procedure denied: 78 
 1.  Benefit limitations, such as annual maximums and 79 
frequency limitations not applicable at the time of the prior 80 
authorization, are reached subsequent to issuance of the prior 81 
authorization. 82 
 2.  The documentation provided by the person submitting the 83 
claim fails to support the claim as originally authorized. 84 
 3.  Subsequent to the issuance of the prior authorization, 85 
new procedures are provided to the patient or a change in the 86 
condition of the patient occurs such that the prior authorized 87 
procedure would no longer be considered medically necessary, 88 
based on the prevailing standard of care. 89 
 4.  Subsequent to the issuance of the prior authorization, 90 
new procedures are provided to the patient or a change in the 91 
patient's condition occurs such that the prior a uthorized 92 
procedure would at that time have required disapproval pursuant 93 
to the terms and conditions for coverage under the patient's 94 
plan in effect at the time the prior authorization was issued. 95 
 5.  The denial of the claim was due to one of the 96 
following: 97 
 a.  Another payor is responsible for payment. 98 
 b.  The dentist or physician has already been paid for the 99 
procedures identified in the claim. 100     
 
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 c.  The claim was submitted fraudulently, or the prior 101 
authorization was based in whole or material part on erroneous 102 
information provided to the health insurer by the dentist or 103 
physician, patient, or other person not related to the insurer. 104 
 d.  The person receiving the procedure was not eligible to 105 
receive the procedure on the date of service. 106 
 e.  The services were provided during the grace period 107 
established under s. 627.608 or applicable federal regulations, 108 
and the dental insurer notified the dentist or physician 109 
provider that the patient was in the grace period when the 110 
dentist or physician provider requested eligibility or 111 
enrollment verification from the dental insurer, if such request 112 
was made. 113 
 (b)  This subsection applies to all contracts : 114 
 1.  Between a health insurer and a dentist which are 115 
delivered, issued, or renewed on or after January 1, 2025. 116 
 2.  Between a health insurer and a physician which are 117 
delivered, issued, or renewed on or after January 1, 2026. 118 
 (c)  The office has all rights and powers to enforce this 119 
subsection as provided by s. 624.307. 120 
 (d)  The commission may adopt rules to impl ement this 121 
subsection. 122 
 Section 2.  Subsections (13) and (14) of section 641.315, 123 
Florida Statutes, are amended to read: 124 
 641.315  Provider contracts. — 125     
 
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 (13)(a)  A contract between a health maintenance 126 
organization and a dentist licensed under chapter 466 or a 127 
physician licensed under chapter 458 or chapter 459 for the 128 
provision of services to a subscriber of the health maintenance 129 
organization may not spe cify credit card payment as the only 130 
acceptable method for payments from the health maintenance 131 
organization to the dentist or physician. 132 
 (b)  When a health maintenance organization employs the 133 
method of claims payment to a dentist or physician through 134 
electronic funds transfer, including, but not limited to, 135 
virtual credit card payment, the health maintenance organization 136 
shall notify the dentist or physician as provided in this 137 
paragraph and obtain the dentist's or physician's consent before 138 
employing the electronic funds transfer. The dentist's or 139 
physician's consent described in this paragraph applies to the 140 
dentist's or physician's entire practice. For the purpose of 141 
this paragraph, the dentist's or physician's consent, which may 142 
be given through e-mail, must bear the signature of the dentist 143 
or physician. Such signature includes an electronic or digital 144 
signature if the form of signature is recognized as a valid 145 
signature under applicable federal law or state contract law or 146 
an act that demonstrates ex press consent, including, but not 147 
limited to, checking a box indicating consent. The health 148 
maintenance organization or the dentist or physician may not 149 
require that a dentist's or physician's consent as described in 150     
 
HB 1231   	2025 
 
 
 
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this paragraph be made on a patient -by-patient basis. The 151 
notification provided by the health maintenance organization to 152 
the dentist or physician must include all of the following: 153 
 1.  The fees, if any, that are associated with the 154 
electronic funds transfer. 155 
 2.  The available methods of paym ent of claims by the 156 
health maintenance organization, with clear instructions to the 157 
dentist or physician on how to select an alternative payment 158 
method. 159 
 (c)  A health maintenance organization that pays a claim to 160 
a dentist or physician through automated clearing house transfer 161 
may not charge a fee solely to transmit the payment to the 162 
dentist or physician unless the dentist or physician has 163 
consented to the fee. 164 
 (d)  This subsection applies to all contracts: 165 
 1.  Between a health maintenance organization and a dentist 166 
which are delivered, issued, or renewed on or after January 1, 167 
2025. 168 
 2.  Between a health maintenance organization and a 169 
physician which are delivered, issued, or renewed on or after 170 
January 1, 2026. 171 
 (e)  The office has all rights and powe rs to enforce this 172 
subsection as provided by s. 624.307. 173 
 (f)  The commission may adopt rules to implement this 174 
subsection. 175     
 
HB 1231   	2025 
 
 
 
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 (14)(a)  A health maintenance organization may not deny any 176 
claim subsequently submitted by a dentist licensed under chapter 177 
466 or a physician licensed under chapter 458 or chapter 459 for 178 
procedures specifically included in a prior authorization unless 179 
at least one of the following circumstances applies for each 180 
procedure denied: 181 
 1.  Benefit limitations, such as annual maximums and 182 
frequency limitations not applicable at the time of the prior 183 
authorization, are reached subsequent to issuance of the prior 184 
authorization. 185 
 2.  The documentation provided by the person submitting the 186 
claim fails to support the claim as originally authorized. 187 
 3.  Subsequent to the issuance of the prior authorization, 188 
new procedures are provided to the patient or a change in the 189 
condition of the patient occurs such that the prior authorized 190 
procedure would no longer be considered medically necessary , 191 
based on the prevailing standard of care. 192 
 4.  Subsequent to the issuance of the prior authorization, 193 
new procedures are provided to the patient or a change in the 194 
patient's condition occurs such that the prior authorized 195 
procedure would at that time hav e required disapproval pursuant 196 
to the terms and conditions for coverage under the patient's 197 
plan in effect at the time the prior authorization was issued. 198 
 5.  The denial of the claim was due to one of the 199 
following: 200     
 
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 a.  Another payor is responsible for payment. 201 
 b.  The dentist or physician has already been paid for the 202 
procedures identified in the claim. 203 
 c.  The claim was submitted fraudulently, or the prior 204 
authorization was based in whole or material part on erroneous 205 
information provided to the heal th maintenance organization by 206 
the dentist or physician, patient, or other person not related 207 
to the organization. 208 
 d.  The person receiving the procedure was not eligible to 209 
receive the procedure on the date of service. 210 
 e.  The services were provided dur ing the grace period 211 
established under s. 627.608 or applicable federal regulations, 212 
and the dental insurer notified the dentist or physician 213 
provider that the patient was in the grace period when the 214 
dentist or physician provider requested eligibility or 215 
enrollment verification from the dental insurer, if such request 216 
was made. 217 
 (b)  This subsection applies to all contracts : 218 
 1.  Between a health maintenance organization and a dentist 219 
which are delivered, issued, or renewed on or after January 1, 220 
2025. 221 
 2. Between a health maintenance organization and a 222 
physician which are delivered, issued, or renewed on or after 223 
January 1, 2026. 224 
 (c)  The office has all rights and powers to enforce this 225     
 
HB 1231   	2025 
 
 
 
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subsection as provided by s. 624.307. 226 
 (d)  The commission may adopt rules to implement this 227 
subsection. 228 
 Section 3. This act shall take effect July 1, 2025. 229