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S 1130
Florida Senate•Failed
Summary
S 1130, “Insurance Claims Payments to Health Care Providers”, was introduced in the Senate on Jan 5, 2026 by Sen. Ralph Massullo (R). It last saw action on Mar 13, 2026: Died in Banking and Insurance.
Record
Text
S 1130 has no co-sponsors and has not gone to a roll call.
s1130/introduced.txtFlorida Senate - 2026 SB 1130By Senator Massullo11-00698A-26 20261130__1A bill to be entitled2An act relating to insurance claims payments to health3care providers; creating s. 627.4193, F.S.; defining4terms; prohibiting payment adjudicators from5downcoding health care services under certain6circumstances; providing exceptions; requiring payment7adjudicators to provide certain information to the8provider; prohibiting payment adjudicators from9downcoding a service under certain circumstances;10prohibiting payment adjudicators for downcoding orders11by a licensed nurse; specifying that payment12adjudicators are solely responsible for certain13violations of law; requiring payment adjudicators to14maintain downcoding policies on their websites;15specifying requirements for such policies; requiring16health insurers to ensure that their downcoding17policies are updated and to ensure compliance with18specified provisions on downcoding; authorizing19investigations and actions against noncompliance;20providing certain presumption in favor of physicians’21determinations regarding diagnoses of patients and22service orders; providing the calculation of interest23on health insurers’ nonpayment or underpayment due to24downcoding; providing a cause of action for health25care providers; amending s. 627.42392, F.S.; defining26terms; revising the definition of the term “health27insurer”; requiring certain utilization review28entities to only use a certain prior authorization29form; deleting provisions related to pharmacy benefits30managers’ or health insurers’ requirement to use a31specified prior authorization form; requiring32utilization review entities to establish and offer a33specified electronic prior authorization process;34specifying requirements for such process; specifying35that the provider is deemed to have supplied all36information necessary for prior authorization under37certain circumstances; specifying that additional38information is deemed unnecessary under certain39circumstances; prohibiting utilization review40entities’ prior authorization process from requiring41information that is not needed; requiring utilization42review entities to disclose all prior authorization43requirements and restrictions; requiring such44requirements and restrictions to be explained in a45specified manner; prohibiting utilization review46entities from implementing certain new requirements or47restrictions; providing exceptions; providing48reporting requirements; requiring the Office of49Insurance Regulation to publish on its website a50report based on such entities’ reports; providing51requirements for adverse determinations made by such52entities on health care providers’ claims; providing a53timeframe for such entities’ determination on claims;54prohibiting prior authorization requirements under55certain circumstances; prohibiting prior authorization56revocations, limits, conditions, and restrictions57under certain circumstances; providing exceptions;58providing a timeframe for the validity of prior59authorizations under certain circumstances; providing60construction; amending ss. 627.6131 and 641.3155,61F.S.; defining terms; revising the definition of the62term “claim”; revising requirements and timeframes for63responses from health insurers and health maintenance64organizations, respectively, to submitted claims;65revising the interest rate on overdue payments of66claims; authorizing health care providers to refuse to67participate in internal dispute resolution processes68under certain circumstances; prohibiting health69insurers and health maintenance organizations,70respectively, from retrospectively, rather than71retroactively, denying claims because of insured and72enrollee ineligibility beyond a specified timeframe;73revising such timeframe; revising applicability;74providing construction; prohibiting health insurers75and health maintenance organizations, respectively,76from requesting or requiring certain information from77health care providers under certain circumstances;78providing causes of action for health care providers79under certain circumstances; amending s. 395.1065,80F.S.; conforming cross-references; providing an81effective date.8283Be It Enacted by the Legislature of the State of Florida:8485Section 1. Section 627.4193, Florida Statutes, is created86to read:87627.4193Restrictions on health insurance reimbursement88downcoding.—89(1)As used in this section, the term:90(a)“Downcode” or “downcoding” means the alteration by a91payment adjudicator of a service code to another service code or92the alteration, addition, or deletion by a payment adjudicator93of a modifier, when the changed code or modifier is associated94with a lower payment amount than the service code or modifier95billed by the provider or facility.96(b)“Health insurer” means any entity that offers health97insurance coverage, whether through a fully insured plan or98self-insured plan or fund, including, as applicable:991.An authorized health insurer offering health insurance100as defined in s. 624.603, as well as any entity that offers a101commercial self-insurance fund as defined in s. 624.462(2) or102group self-insurance fund as described in s. 624.4621.1032.A health insurer that is subject to any provision of104this chapter, as well as any entity that offers a self-insurance105plan or a group self-insurance plan.1063.A managed care plan as defined in s. 409.962.1074.A health maintenance organization as defined in s.108641.19.109(c)“Medical record” means the comprehensive collection of110documentation, including clinical notes, diagnostic reports, and111other relevant information, which supports the health care112services provided.113(d) “Participation agreement” means a written contract or114agreement between a health insurer and a provider which outlines115the terms and conditions of participation, reimbursement rates,116and other relevant details.117(e)“Payment adjudicator” means a health insurer or any118entity that provides, offers to provide, or administers payment119on behalf of a health insurer, as well any pharmacy benefit120manager as defined in s. 624.490(1), and any other individual or121entity that provides, offers to provide, or administers payment122for hospital services, outpatient services, medical services,123prescription drugs, or other health care services to a person124treated by a health care professional or facility in this state125under a policy, plan, or contract.126(f)“Provider” means any health care professional,127facility, or entity that submits claims for reimbursement for128covered health care services.129(2)Payment adjudicators are prohibited from downcoding a130health care service billed by, or on behalf of, a provider, if131the health care service was ordered by a provider that is in132network with the applicable health insurer, unless such133downcoding is otherwise expressly permitted under the134participation agreement between the health insurer and the135provider.136(3)If downcoding is expressly permitted under the137participation agreement, the payment adjudicator must provide138the following information to the provider before making its139initial payment or notice of denial of payment:140(a)A statement indicating that the service code or141modifier billed by the provider or facility will be downcoded.142(b)An explanation detailing the reasons for downcoding the143claim. This explanation must include a clear description of the144service codes or modifiers that were altered, added, or deleted,145if applicable.146(c)The payment amount that the payment adjudicator would147otherwise make if the service code or modifier is not downcoded.148(d)A statement that the provider may contest the149downcoding of the applicable service code or modifier by filing150a contestation with the payment adjudicator with respect to the151downcoding within 15 days after receipt of the notice of152downcoding.153(e)A statement that by contesting the downcoding of the154applicable service code or modifier, the provider does not waive155any of its legal rights and claims against the health insurer or156payment adjudicator to the fullest extent permissible under law.157(4)Even if the participation agreement expressly permits158downcoding, a payment adjudicator is prohibited from downcoding159a service without first conducting a review of the associated160medical record to ensure the accuracy of the coding change.161(5)A payment adjudicator is prohibited from downcoding for162orders by a licensed nurse.163(6)Notwithstanding any provision in this section, a164payment adjudicator that proceeds to downcode a service code or165modifier, regardless of whether such downcoding is contested by166the provider, is solely responsible for any violations of law167associated with such downcoding.168(7)Payment adjudicators are required to maintain clear and169accessible downcoding policies on their official website. These170policies must include:171(a)An overview of the circumstances under which downcoding172may occur.173(b)The process and criteria used for conducting reviews of174downcoded claims, including the role of medical record review.175(c)Information about the internal mechanisms for ensuring176consistency and accuracy in downcoding practices.177(d)Information regarding the processes for contesting with178the payment adjudicator the downcoding of a service code, which179processes must offer appeal rights for the provider and the180patient, and peer review by a licensed physician before the181downcoding.182(8)Health insurers shall ensure that their downcoding183policies are updated as needed to reflect any changes in184regulations, industry standards, or internal procedures.185(9)Health insurers shall ensure compliance with this186section and shall develop internal procedures to implement and187adhere to the requirements outlined in this section.188(10)Regulatory authorities, including, but not limited to,189the Office of Insurance Regulation, may investigate and take190appropriate actions in cases of noncompliance with this section.191(11)When a particular health care service is ordered by a192licensed physician, there is a presumption that the physician’s193determination regarding the diagnosis of the patient and any194service order by the physician is correct and sufficient, absent195a coding error which the health insurer must first verify with196the physician before downcoding for such error.197(12)If an applicable court, arbitration tribunal, or other198binding legal process determines that a claim was subject to an199inappropriate or impermissible downcoding, whether in breach of200contract, statute, common law, or otherwise, such that201nonpayment or underpayment of the original claim has occurred,202then in accordance with s. 627.6131, interest must be calculated203on the full total amount that should have been paid on the claim204as of the applicable time period for payment specified in s.205627.6131.206(13)For a violation of this section, a provider shall have207a private cause of action to proceed against the health insurer208or payment adjudicator in the applicable tribunal for the209violation.210Section 2. Section 627.42392, Florida Statutes, is amended211to read:212627.42392 Prior authorization.—213(1) As used in this section, the term:214(a)“Adverse determination” means a decision by a health215insurer or utilization review entity that the health care216services rendered, or proposed to be rendered, to a patient are217denied, reduced, or terminated. The term does not include a218decision to deny, reduce, or terminate services that are219determined to have been billed in duplicate bills or that are220confirmed with the provider to have been billed in error.221(b)“Electronic prior authorization process” does not222include transmissions through a facsimile machine.223(c)“Emergency health care service” means medical224screening, examination, and evaluation by a physician, or, to225the extent permitted by applicable law, by other appropriate226personnel under the supervision of a physician, to determine227whether an emergency medical condition exists and, if it does,228the care, treatment, or surgery by a physician necessary to229relieve or eliminate the emergency medical condition, within the230service capability of the facility.231(d)“Emergency medical condition” means a medical condition232manifesting itself by acute symptoms of sufficient severity,233including severe pain, such that a prudent layperson who234possesses an average knowledge of health and medicine could235reasonably expect the absence of immediate medical attention to236result in any of the conditions listed in s. 395.002(8).237(e)“Health insurer” means any entity that offers health238insurance coverage, whether through a fully insured plan or239self-insured plan or fund, including, as applicable:2401.An authorized health insurer offering health insurance241as defined in s. 624.603, as well as any entity that offers a242commercial self-insurance fund as defined in s. 624.462(2) or a243group self-insurance fund as described in s. 624.4621.2442.A health insurer that is subject to any provision of245this chapter, as well as any entity that offers a self-insurance246plan or a group self-insurance plan.2473.A managed care plan as defined in s. 409.962.2484.A health maintenance organization as defined in s.249641.19.250(f)“Prior authorization” means the process by which251utilization review entities determine the medical necessity or252medical appropriateness of otherwise covered health care253services before the rendering of such health care services. The254term also includes any requirement by a health insurer or255utilization review entity that an enrollee or a health care256provider notify the health insurer or utilization review entity257before the provision of a health care service.258(g)“Urgent health care service” means a health care259service that, if the timeframe for making a nonexpedited prior260authorization is applied, could, in the opinion of a physician261with knowledge of the patient’s medical condition:2621.Seriously jeopardize the life or health of the patient263or the ability of the patient to regain maximum function; or2642.Subject the patient to severe pain that cannot be265adequately managed without the care, treatment, or prescription266drugs that are the subject of the prior authorization request.267(h)“Utilization review activity” means any activity268prospective to, concurrent with, or retrospective to the269provision of a nonemergency health care service, to determine270whether payment must be made in full or is subject to an adverse271determination. Utilization review activity is prohibited:2721.To the extent restricted or prohibited by an agreement273with a health care provider;2742.For an emergency health care service; or2753.For a service provided to a patient experiencing an276emergency medical condition.277(i)“Utilization review entity” means an entity permitted278under the applicable agreement with a health care provider or279otherwise permitted by a provider that does not have such an280agreement to perform utilization review activities or upon whose281behalf utilization review activities are performed, including,282as applicable:2831.An authorized health insurer offering health insurance284as defined in s. 624.603, as well as any entity that offers a285commercial self-insurance fund as defined in s. 624.462(2) or286group self-insurance fund as described in s. 624.4621.2872.A health insurer that is subject to any provision of288this chapter, as well as any entity that offers a self-insurance289plan or a group self-insurance plan.2903.A managed care plan as defined in s. 409.962.2914.A health maintenance organization as defined in s.292641.19.2935.A pharmacy benefit manager as defined in s. 624.490(1).2946.Any other individual or entity that provides, offers to295provide, or administers payment for hospital services,296outpatient services, medical services, prescription drugs, or297other health care services to a person treated by a health care298professional or facility in this state under a policy, plan,299contract, or fund [“health insurer” means an authorized insurer]300[offering health insurance as defined in s. 624.603, a managed]301[care plan as defined in s. 409.962(10), or a health maintenance]302[organization as defined in s. 641.19(12)].303(2) Notwithstanding any other provision of law, a304utilization review entity that [effective January 1, 2017, or six]305[(6) months after the effective date of the rule adopting the]306[prior authorization form, whichever is later, a health insurer,]307[or a pharmacy benefits manager on behalf of the health insurer,]308[which] does not provide an electronic prior authorization process309for use by its contracted providers may[,][ shall] only use the310prior authorization form that has been approved by the Financial311Services Commission for granting a prior authorization for a312medical procedure, course of treatment, or prescription drug313benefit. Such form must be no longer than [may not exceed] two314pages in length, excluding any instructions or guiding315documentation, and must include all clinical documentation316necessary for the utilization review entity [health insurer] to317make a decision. At a minimum, the form must include[: ][(1)]318sufficient patient information to identify the member, date of319birth, full name, and Health Plan ID number; [(2)] provider name,320address and phone number; [(3)] the medical procedure, course of321treatment, or prescription drug benefit being requested,322including the medical reason therefor, and all services tried323and failed; [(4)] any laboratory documentation required; and [(5)]324an attestation that all information provided is true and325accurate.326(3) The Financial Services Commission, in consultation with327the Agency for Health Care Administration, shall adopt by rule328guidelines for all prior authorization forms which ensure the329general uniformity of such forms.330(4)A utilization review entity shall establish and offer a331secure, interactive online electronic prior authorization332process to accept electronic prior authorization requests. The333electronic prior authorization process must allow a person334seeking a prior authorization the ability to upload335documentation if such documentation is required by the336utilization review entity to adjudicate the prior authorization337request. Once a provider grants a health insurer access to a338patient’s electronic medical record, the provider is deemed to339have supplied all information necessary for prior authorization340of the health care service, including, without limitation, all341information that is reasonably required by the health insurer,342other than for an emergency health care service or for a service343provided to a patient who is experiencing an emergency medical344condition, in advance of the provision of service, and the345health insurer asserts is missing as of the date of such346service. Additional information or documentation, regardless of347whether the utilization review entity requests any additional348information, is deemed unnecessary, and deemed not required, for349prior authorization of the health care service, and any request350for additional information or any position of the utilization351review entity or any third party acting on behalf of the352utilization review entity regarding any lack of information from353the provider is prohibited from being used to deny, pend, or354delay prior authorization of the health care service.355(5)[(4)] Electronic prior authorization approvals do not356preclude benefit verification or medical review by the health357insurer under either the medical or pharmacy benefits.358(6)A utilization review entity’s prior authorization359process is prohibited from requiring information that is not360needed to make a determination or facilitate a determination of361medical necessity of the requested medical procedure, course of362treatment, or prescription drug benefit.363(7)A utilization review entity shall disclose all of its364prior authorization requirements and restrictions, including any365written clinical criteria, in a publicly accessible manner on366its website. These requirements and restrictions must be367explained in detail and in clear and ordinary terms.368(8)A utilization review entity is prohibited from369implementing any new requirements or restrictions and from370making changes to existing requirements or restrictions on371obtaining prior authorization unless:372(a)The changes have been available on a publicly373accessible website for at least 60 days before they are374implemented;375(b)Policyholders and health care providers affected by the376new requirements and restrictions or changes to the requirements377and restrictions are provided with a written notice of the378changes at least 60 days before they are implemented, with such379notice being delivered electronically or by other means as380agreed to by the policyholder or the health care provider; and381(c)All applicable amendments to a provider’s agreement382with the applicable health insurer or utilization review entity383have been obtained and memorialized in a mutually agreed-upon384writing before such implementation.385(9)(a)Utilization review entities shall, by March 31 of386each year, submit a report to the Office of Insurance Regulation387with the following data elements for the prior calendar year:3881.A list of all items and services requiring prior389authorization.3902.The percentage of standard prior authorization requests391approved by the utilization review entity, aggregated by item or392service.3933.The percentage of standard prior authorization requests394denied by the utilization review entity, aggregated by item or395service.3964.The percentage of standard prior authorization requests397approved by the utilization review entity after appeal,398aggregated by item or service.3995.The percentage of prior authorizations when the400timeframe for review was extended and request approved, by item401or service.4026.The percentage of expedited prior authorization requests403approved by the utilization review entity, by item or service.4047.The percentage of expedited prior authorization requests405denied by the utilization review entity, by item or service.4068.The percentage of expedited prior authorization requests407approved by the utilization review entity after appeal, by item408or service.4099.The average and median time between submission of a410request for prior authorization and the utilization review411entity’s decision for standard prior authorizations, by item or412service.41310.The average and median time between submission of a414request for prior authorization and the utilization review415entity’s decision for expedited prior authorizations, by item or416service.417(b)The Office of Insurance Regulation shall, by July 1 of418each year, publish a report on its website detailing the419information in paragraph (a) submitted by utilization review420entities.421(10)Utilization review entities shall ensure that all422adverse determinations are made by a physician licensed under423chapter 458 or chapter 459. The physician:424(a)Must possess a current and valid nonrestricted license425to practice medicine in this state;426(b)Must be of the same specialty as the physician who427typically manages the medical condition or disease or provides428the health care service involved in the request;429(c)Must have at least 5 years of experience treating430patients with the medical condition or disease for which the431health care service is being requested; and432(d)May not have any direct or indirect financial433arrangement with the utilization review entity that rewards or434incentivizes, financially or otherwise, such physician in any435way relating to adverse determinations.436(11)Notice of an adverse determination must be provided by437e-mail to the health care provider that initiated the prior438authorization and to the patient. Notice required under this439subsection must include:440(a)The name, title, e-mail address, and telephone number441of the physician responsible for making the adverse442determination.443(b)Any written clinical criteria and any internal rule,444guideline, or protocol on which the utilization review entity445relied when making the adverse determination and the reasons446those provisions apply to the patient’s specific medical447circumstance.448(c)Information for the patient and the patient’s health449care provider which describes the procedure through which the450patient or health care provider may request a copy of any report451developed by personnel performing the review that led to the452adverse determination.453(d)Information that explains to the patient and the454patient’s health care provider the manner in which to appeal the455adverse determination.456(12)If a utilization review entity requires prior457authorization of a nonurgent health care service, the458utilization review entity must grant a prior authorization or459make an adverse determination and notify the patient and the460patient’s health care provider of the decision within 72 hours461after obtaining all necessary information to grant the prior462authorization or make the adverse determination. For purposes of463this subsection, the term “necessary information” includes the464results of any face-to-face clinical evaluation or second465opinion that may be required.466(13)A utilization review entity shall grant an expedited467prior authorization or make an expedited adverse determination468concerning an urgent health care service and notify the patient469and the patient’s health care provider of such expedited prior470authorization or adverse determination no later than 24 hours471after receiving all information needed to complete the review of472the requested urgent health care service.473(14)(a)A utilization review entity is prohibited from474requiring prior authorization for:4751.Prehospital transportation;4762.Provision of an emergency health care service; or4773.Provision of a service to a patient who is experiencing478an emergency medical condition.479(b)A utilization review entity is prohibited from480conducting utilization review activity, and from making any481adverse determinations, to the extent restricted or prohibited482by an agreement with a health care provider. A utilization483review entity is prohibited from performing any utilization484review activity, and from making any adverse determinations,485with respect to:4861.An emergency health care service; or4872.A service provided to a patient who experiences an488emergency medical condition.489(15)A utilization review entity is prohibited from490requiring prior authorization, and from making any adverse491determinations, for the provision of medications for opioid use492disorder. For purposes of this subsection, the term “medications493for opioid use disorder” means the use of medications, commonly494prescribed in combination with counseling and behavioral495therapies, to provide a comprehensive approach to the treatment496of opioid use disorder. FDA-approved medications used to treat497opioid addiction include, but are not limited to, methadone,498buprenorphine, alone or in combination with naloxone, and499extended-release injectable naltrexone. Types of behavioral500therapies include, but are not limited to, individual therapy,501group counseling, family behavior therapy, motivational502incentives, and other modalities.503(16)A utilization review entity is prohibited from504revoking, limiting, conditioning, or restricting a prior505authorization if care is provided within 45 business days after506the date the health care provider receives the prior507authorization. A utilization review entity must pay, or cause508payment to be made to, the health care provider, without any509prepayment review or prepayment audit before such payment, at510the contracted payment rate for a health care service provided511by the health care provider per the prior authorization, unless:512(a)The health care provider knowingly and materially513misrepresented the health care service in the prior514authorization request with the specific intent to deceive and515obtain an unlawful payment from the utilization review entity;516(b)The health care service was no longer a covered517benefit, and medical necessity did not constitute a basis for518such noncovered benefit status, on the day the health care519service was provided, and the utilization review entity notified520the health care provider in writing of these facts before the521health care service was provided;522(c)The authorized service was never performed; or523(d)The patient was no longer enrolled under the applicable524health plan and, on that basis, was not eligible for health care525coverage from the applicable health insurer or self-insured plan526on the day the care was provided, and the utilization review527entity notified the health care provider in writing of these528facts before the health care service was provided.529(17)If a utilization review entity requires a prior530authorization for a health care service for the treatment of a531chronic or long-term care condition, the prior authorization532must remain valid for the length of the treatment, and the533utilization review entity is prohibited from requiring the534patient to obtain a prior authorization again for the health535care service.536(18)A utilization review entity is prohibited from537imposing an additional prior authorization requirement with538respect to a surgical or otherwise invasive procedure, or any539item furnished as part of the surgical or invasive procedure, if540the procedure or item is furnished during the perioperative541period of another procedure for which prior authorization was542granted by the health insurer.543(19)If there is a change in coverage or approval criteria544for a previously authorized health care service, the change in545coverage or approval criteria is prohibited from adversely546affecting an enrollee who received prior authorization before547the effective date of the change for the remainder of the548enrollee’s plan year.549(20)A utilization review entity shall continue to honor a550prior authorization it has granted to an enrollee when the551enrollee changes products under the same health insurer.552(21)Any failure by a utilization review entity to comply553with the deadlines and other requirements specified in this554section will result in any health care services subject to555review being automatically deemed authorized by the utilization556review entity.557(22)Except as otherwise provided in paragraphs (16)(a)558(d), prior authorization constitutes a conclusive determination559of the medical necessity of the authorized health care service560and an irrevocable obligation to pay for such authorized health561care service.562(23)(a)This section prohibits an agreement with a health563care provider to restrict, limit, prohibit, or substitute a564utilization review activity or prior authorization.565(b)Nothing in this section may be construed to:5661.Limit in any way the restrictions or prohibitions on567adverse determinations under an agreement with a health care568provider, nor to imply permission for, or applicability of,569adverse determinations for emergency health care services.5702.Restrict, limit, or prohibit in any way prior571authorizations under an agreement between a provider and a572utilization review entity, nor to restrict, limit, or prohibit a573provider’s rights to contest, reject, or oppose any prior574authorization activities.575(24)For a violation of this section, a provider shall have576a private cause of action to proceed against the health insurer577or utilization review entity in the applicable tribunal for the578violation.579Section 3. Section 627.6131, Florida Statutes, is amended580to read:581627.6131 Prompt payment of claims.—582(1) The contract must [shall] include the following583provision: “Time of Payment of Claims: After receiving written584proof of loss, the health insurer shall [will] pay monthly all585claims. Claims [benefits then due for ...(type of benefit)....]586[Benefits] for any other loss covered by this policy shall [will] be587paid as soon as the health insurer receives proper written588proof.”589(2) As used in this section, the term:590(a) “Claim” for a noninstitutional provider means a paper591HCFA 1500 claim form, or its successor, or an electronic billing592instrument submitted to the health insurer’s designated location593that consists of the ANSI ASC X12N 837P standard [HCFA 1500] data594set, or its successor, that has all mandatory entries for a595physician licensed under chapter 458, chapter 459, chapter 460,596chapter 461, or chapter 463, or psychologists licensed under597chapter 490 or any appropriate billing instrument as designated598by the provider that has all mandatory entries for any other599noninstitutional provider. For institutional providers, “claim”600means a paper CMS-1450 claim form, or its successor, or an601electronic billing instrument submitted to the health insurer’s602designated location that consists of the ANSI ASC X12N 837I603standard [UB-92 data] set, or its successor, with entries stated604as mandatory by the National Uniform Billing Committee.605(b)“Clean claim” means a completed form, or completed606electronic billing instrument, containing all information607required under the applicable form or electronic billing608instrument, as well as information reasonably required by the609health insurer, other than for emergency services and care as610defined in s. 395.002, in advance of the provision of service by611the health insurer to substantiate the claim.612(c)“Electronic medical record” means the digital record of613a patient’s information that may be accessed through electronic614means, via portal or other method of electronic access, which615may include information regarding the patient’s medical history,616medical condition, medical treatment, laboratory results,617diagnostic reports, and clinical notes.618(d)“Emergency health care services” has the same meaning619as “emergency services and care” as defined in s. 395.002.620(e)“Health insurer” means any entity that offers health621insurance coverage, whether through a fully insured plan or a622self-insured plan or fund, including, as applicable:6231.An authorized health insurer offering health insurance624as defined in s. 624.603, as well as any entity that offers a625commercial self-insurance fund as defined in s. 624.462(2) or a626group self-insurance fund as described in s. 624.4621.6272.A health insurer that is subject to any provision of628this chapter, as well as any entity that offers a self-insurance629plan or a group self-insurance plan.630(f)“Insured ineligibility” means that the insured was no631longer enrolled in the health plan at the time of receiving the632applicable service.633(g)“Overpayment” means payment made upon a claim that is:6341.Billed in error;6352.A duplicate claim; or6363.Billed for a service rendered to a patient despite637insured ineligibility.638639A request for overpayment is limited to a billing error,640duplicate bill, or insured ineligibility.641(3) All claims for payment or overpayment, whether642electronic or nonelectronic:643(a) Are considered received on the date the claim is644received by the health insurer at its designated claims-receipt645location or the date the [claim for] overpayment claim is received646by the provider at its designated location.647(b) As to providers’ claims for payment, must be mailed or648electronically transferred to the primary health insurer within6496 months after the following have occurred:6501. Discharge for inpatient services or the date of service651for outpatient services; and6522. The provider has been furnished with the correct name653and address of the patient’s health insurer.654655All providers’ claims for payment, whether electronic or656nonelectronic, must be mailed or electronically transferred to657the secondary health insurer within 45 [90] days after final658determination by the primary health insurer. A provider’s claim659is considered submitted on the date it is electronically660transferred or mailed.661(c) Must not duplicate a claim previously submitted unless662it is determined that the original claim was not received or is663otherwise lost.664(4) For all electronically submitted claims, a health665insurer shall:666(a) Within 24 hours after the beginning of the next667business day after receipt of the claim, provide to the668electronic source submitting the claim an electronic669acknowledgment of the receipt of the claim, accompanied by a670statement indicating the health insurer’s position as to whether671the claim is a clean claim or is missing any information that is672required under the applicable electronic billing instrument, as673described in paragraph (2)(a), or that was reasonably required674by the health insurer, other than for emergency health care675services, in advance of the provision of service to substantiate676[to the electronic source submitting] the claim, and the health677insurer asserts is missing as of the date of service.678(b) Within 15 [20] days after receipt of the claim, pay the679claim or notify a provider or designee if a claim is denied or680contested. Notice of the health insurer’s action on the claim681and payment of the claim is considered to be made on the date682the notice or payment was received by the provider [mailed] or683electronically transferred.684(c)1. Notification of the health insurer’s determination of685a contested claim must be accompanied by an itemized list of any686[additional] information that is required under the applicable687billing instrument, as described in paragraph (2)(a), or that688was reasonably required by the health insurer, other than for689emergency health care services, in advance of the provision of690service to substantiate the claim, and the health insurer691asserts is missing as of the date of such service [or documents]692[the insurer can reasonably determine are necessary to process]693[the claim].6942. A provider must submit the additional information or695documentation, as specified on the itemized list, within 30 [35]696days after receipt of the notification of contestation unless,697within the 30-day period, the provider notifies the health698insurer of the provider’s position that a clean claim has been699submitted. Additional information is considered submitted on the700date it is electronically transferred or mailed. The health701insurer is prohibited from requesting [may not request] duplicate702documents.703(d) For purposes of this subsection, electronic means of704transmission of claims, notices, documents, forms, and payments705shall be used to the greatest extent possible by the health706insurer and the provider.707(e) A claim contested by the health insurer must be paid or708denied within 30 [90] days after receipt of the additional709information requested [claim]. Failure to pay or deny a claim710within 90 [120] days after receipt of the claim, regardless of711whether contested by the health insurer, creates an712uncontestable obligation to pay the claim as submitted by the713provider.714(5) For all nonelectronically submitted claims, a health715insurer shall:716(a) Within 15 days following receipt of the claim [Effective]717[November 1, 2003], provide to the provider or its designee:7181.An acknowledgment of receipt of the claim, accompanied719by a statement indicating the health insurer’s position as to720whether the claim is a clean claim or the claim is missing any721information that is required under the applicable paper billing722form, as described in paragraph (2)(a), or that was reasonably723required by the health insurer, other than for emergency health724care services, in advance of the provision of service to725substantiate the claim, and the health insurer asserts is726missing as of the date of service; or7272. [within 15 days after receipt of the claim to the]728[provider or provide a provider within 15 days after receipt with]729Electronic access to the status of the [a] submitted claim, which730status must indicate the health insurer’s position as to whether731the claim is a clean claim or missing any information described732in subparagraph 1.733(b) Within 30 [40] days after receipt of the claim, pay the734claim or notify a provider or designee if a claim is denied or735contested. Notice of the health insurer’s action on the claim736and payment of the claim is considered to be made on the date737the notice or payment was received by the provider [mailed] or738electronically transferred.739(c)1. Notification of the health insurer’s determination of740a contested claim must be accompanied by an itemized list of any741[additional] information that is required under the applicable742form or billing instrument, as described in paragraph (2)(a), or743that was reasonably required by the health insurer, other than744for emergency health care services, in advance of the provision745of service to substantiate the claim, and the health insurer746asserts is missing as of the date of such service [or documents]747[the insurer can reasonably determine are necessary to process]748[the claim].7492. A provider must submit the additional information or750documentation, as specified on the itemized list, within 30 [35]751days after receipt of the notification of contestation unless,752within the 30-day period, the provider notifies the health753insurer of its position that a clean claim has been submitted.754Additional information is considered submitted on the date it is755electronically transferred or mailed. The health insurer is756prohibited from requesting [may not request] duplicate documents.757(d) For purposes of this subsection, electronic means of758transmission of claims, notices, documents, forms, and payments759must [shall] be used to the greatest extent possible by the health760insurer and the provider.761(e) A claim contested by the health insurer must be paid or762denied within 30 [120] days after receipt of the additional763information requested [claim]. Failure to pay or deny a claim764within 90 [140] days after receipt of the claim, regardless of765whether contested by the health insurer, creates an766uncontestable obligation to pay the claim as submitted by the767provider.768(6)Regardless of whether a claim has been submitted769electronically or nonelectronically, and notwithstanding any770other provision of this section:771(a)Once a provider grants a health insurer access to a772patient’s electronic medical record, the provider is deemed to773have supplied all information necessary to pay the claim,774including, without limitation, all information that is required775under the applicable billing instrument and that was reasonably776required by the health insurer, other than for emergency health777care services, in advance of the provision of service to778substantiate the claim. Additional information or documentation,779regardless of whether the health insurer requests any additional780information, is deemed unnecessary, and deemed not required for781payment of the claim, and any request for additional782information, and any position of the health insurer or any third783party acting on behalf of the health insurer regarding any lack784of information from the provider, is prohibited from being used785to deny, reduce, offset, withhold, pend, or delay payment of the786claim.787(b)If notice of access to the electronic medical record788has been provided to the health insurer, the claim must be paid789or denied within 30 days of such notice to the health insurer.790Failure to pay or deny a claim for which the health insurer has791been provided notice of access to the electronic medical record792within 75 days after receipt of such notice creates an793uncontestable obligation to pay the claim as submitted by the794provider.795(7)[(6)] If a health insurer determines that it has made an796overpayment to a provider for services rendered to an insured,797the health insurer must make an overpayment [a] claim for such798overpayment to the provider’s designated location. A health799insurer that makes an overpayment [a] claim [for overpayment] to a800provider under this section shall give the provider a written or801electronic statement specifying the basis for the retrospective802[retroactive] denial or payment adjustment. The health insurer803must also identify the claim or claims, or portion thereof, as804to which the health insurer alleges overpayment [claim], and the805specific invoice number submitted with or on the claim [portion]806[thereof, for which a claim for overpayment is submitted]. Except807as provided in subparagraph (a)3., there may be no denial,808reduction, offset, withholding, pending, or delay of payment, or809other negative impact, regardless of whether by the health810insurer or any third party acting on behalf of such health811insurer, on payment of any other claim of the provider on the812basis of the overpayment allegation.813(a) If an overpayment determination is the result of814retrospective [retroactive] review or retrospective audit [of]815[coverage decisions or payment levels not related to fraud], a816health insurer must [shall] adhere to the following procedures:8171. All overpayment claims [for overpayment] must be received818by the [submitted to a] provider within 18 [30] months after the819health insurer’s payment of the claim. A provider must pay,820deny, or contest the health insurer’s [claim for] overpayment821claim within 40 days after the receipt of the overpayment claim.822All contested overpayment claims [for overpayment] must be paid or823denied within 120 days after receipt of the overpayment claim.824Failure to pay or deny an overpayment [and] claim within 140 days825after receipt creates an uncontestable obligation to pay the826overpayment claim.8272. A provider that denies or contests a health insurer’s828overpayment claim [for overpayment] or any portion of an829overpayment [a] claim shall notify the health insurer, in writing,830within 40 [35] days after the provider receives the overpayment831claim that such overpayment [the] claim [for overpayment] is832contested or denied. The notice that the overpayment claim [for]833[overpayment] is denied or contested must identify the denied or834contested portion of the overpayment claim and the specific835reason for contesting or denying the overpayment claim and, if836contested, must include a request for additional information. If837the health insurer submits additional information, the health838insurer must, within 35 days after receipt of the request, mail839or electronically transfer the information to the provider. The840provider shall pay or deny the overpayment claim [for overpayment]841within 45 days after receipt of the information. The notice from842the provider regarding denial or contestation of the overpayment843claim is considered made on the date the notice is mailed or844electronically transferred by the provider.8453. The health insurer is prohibited from denying, reducing,846offsetting, withholding, pending, or delaying [may not reduce]847payment to the provider for other services unless the provider848agrees to the denial, reduction, offset, withholding, pending,849or delay of payment in writing or fails to respond to the health850insurer’s overpayment claim as required by this paragraph.8514. Payment of an overpayment claim is considered made on852the date the payment was mailed or electronically transferred.853An overdue payment of a claim bears simple interest at the rate854of 12 percent per year. Interest on an overdue payment for an855overpayment [a] claim [for an overpayment] begins to accrue when the856overpayment claim should have been paid[, denied, or contested].857(b) An overpayment [A] claim is prohibited [for overpayment]858[shall not be permitted] beyond 18 [30] months after the health859insurer’s payment of a claim, except that overpayment claims [for]860[overpayment] may be sought beyond that time from providers861convicted of fraud pursuant to s. 817.234.862(8)[(7)] Payment of a claim is considered made on the date863the payment was mailed or electronically transferred. An overdue864payment of a claim bears simple interest of 15 [12] percent per865year, to be calculated on the full total amount that should have866been paid on the claim within the applicable time period867specified in this section. If an applicable court, arbitration868tribunal, or other binding legal process determines that a claim869that was paid at a lesser amount should have been paid at a full870total amount, whether under a breach of contract legal claim, a871legal claim under a statutory private cause of action, or other872basis, the 15 percent per year interest must be calculated on873the full total amount, rather than upon the difference between874the full total amount and the amount that was actually paid. If875an applicable court, arbitration tribunal, or other binding876legal process determines that a claim was subject to an877inappropriate or impermissible denial or partial denial, whether878in a breach of contract, statute, common law, or otherwise,879interest must be calculated on the full total amount that should880have been paid on the claim within the applicable time period881for payment specified in this section, and the act of denial or882partial denial is deemed not to have in any way tolled the time883period for such payment. Interest on the full total amount that884should have been paid on the claim within the applicable time885period specified in this section [an overdue payment for a claim]886[or for any portion of a claim] begins to accrue when the claim887should have been paid[, denied, or contested]. The interest must888be paid along with, and in addition to, the payment for the889satisfaction of the full total amount of the claim, as890determined by an applicable court, arbitration tribunal, or891other binding legal process [is payable with the payment of the]892[claim].893(9)[(8)] For all contracts entered into or renewed on or894after October 1, 2002, a health insurer’s internal dispute895resolution process related to a denied claim not under active896review by a mediator, arbitrator, or third-party dispute entity897must be finalized within 60 days after the receipt of the898provider’s request for review or appeal. Notwithstanding any899provision of this section, when the provider and health insurer900disagree as to interpretation of contractual or statutory901language, the provider is not required to participate in the902health insurer’s internal dispute resolution process.903(10)[(9)] A provider or any representative of a provider,904regardless of whether the provider is under contract with the905health insurer, is prohibited from collecting or attempting [may]906[not collect or attempt] to collect money from, maintaining907[maintain] any action at law against, or reporting [report] to a908credit agency an insured for payment of covered services for909which the health insurer contested or denied the provider’s910claim. This prohibition applies during the pendency of any claim911for payment made by the provider to the health insurer for912payment of the services or internal dispute resolution process913to determine whether the health insurer is liable for the914services. For a claim, this pendency applies from the date the915claim or a portion of the claim is denied to the date of the916completion of the health insurer’s internal dispute resolution917process, not to exceed 60 days. This subsection does not918prohibit the collection by the provider of copayments,919coinsurance, or deductible amounts due the provider.920[(10)][The provisions of this section may not be waived,]921[voided, or nullified by contract.]922(11) A health insurer is prohibited from retrospectively923denying [may not retroactively deny] a claim because of insured924ineligibility more than 90 days [1 year] after the date of payment925of the claim.926(12) A health insurer must [shall] pay a contracted primary927care or admitting physician, pursuant to such physician’s928contract, for providing inpatient services in a contracted929hospital to an insured if such services are determined by such930physician [the health insurer] to be medically necessary and,931regardless of the health plan’s determination of medical932necessity, are otherwise covered services under the health933insurer’s contract with the contract holder.934(13) Upon written notification by an insured, a health [an]935insurer shall investigate any claim of improper billing of the936insured by a physician, hospital, or other health care provider937for a health care service alleged to not actually have been938received. The health insurer shall determine whether [if] the939insured actually received the applicable service [was properly]940[billed for only those procedures and services that the insured]941[actually received]. If the health insurer determines that the942insured did not actually receive the applicable service [has been]943[improperly billed], the health insurer must [shall] notify the944insured and the provider of its findings and must [shall] reduce945the amount of payment to the provider by the amount for the946service that was not actually received [determined to be]947[improperly billed]. [If a reduction is made due to such]948[notification by the insured, the insurer shall pay to the]949[insured 20 percent of the amount of the reduction up to $500].950(14) A permissible error ratio of 5 percent is established951for health insurer’s claims payment violations of paragraphs952(4)(a), (b), (c), and (e) and (5)(a), (b), (c), and (e). If the953error ratio of a particular health insurer does not exceed the954permissible error ratio of 5 percent for an audit period, no955fine may [shall] be assessed for the noted claims violations for956the audit period. The error ratio is [shall be] determined by957dividing the number of claims with violations found on a958statistically valid sample of claims for the audit period by the959total number of claims in the sample. If the error ratio exceeds960the permissible error ratio of 5 percent, a fine may be assessed961according to s. 624.4211 for those claims payment violations962which exceed the error ratio. Notwithstanding the provisions of963this section, the office may fine a health insurer for claims964payment violations of paragraphs (4)(e) and (5)(e) which create965an uncontestable obligation to pay the claim as submitted by the966provider. The office shall refrain from imposing a [not] fine upon967a health insurer [insurers] for violations which the office968determines were due to circumstances beyond the health insurer’s969control.970(15) This section is applicable only to a major medical971expense health insurance policy as defined in s. 627.643(2)(e)972offered by a group or an individual health insurer licensed973under [pursuant to] chapter 624, including a preferred provider974policy under s. 627.6471 and an exclusive provider organization975under s. 627.6472 or a group or individual insurance contract976that only provides direct payments to dentists for enumerated977dental services, or other health insurance coverage, policy, or978fund, regardless of whether fully insured or self-insured,979offered or administered by a health insurer.980(16) Notwithstanding paragraph (4)(b), where an electronic981pharmacy claim is submitted to a pharmacy benefits manager982acting on behalf of a health insurer, the pharmacy benefits983manager shall, within 30 days of receipt of the claim, pay the984claim or notify a provider or designee if a claim is denied or985contested. Notice of the health insurer’s action on the claim986and payment of the claim is considered to be made on the date987the notice or payment was received by the provider [mailed] or988electronically transferred.989(17) Notwithstanding paragraph (5)(a), effective November9901, 2003, where a nonelectronic pharmacy claim is submitted to a991pharmacy benefits manager acting on behalf of a health insurer,992the pharmacy benefits manager shall provide acknowledgment of993receipt of the claim within 30 days after receipt of the claim994to the provider or provide a provider within 30 days after995receipt with electronic access to the status of a submitted996claim.997(18) Notwithstanding the 18-month [30-month] period provided998in subsection (7) [(6)], all overpayment claims [for overpayment]999submitted to a provider licensed under chapter 395, chapter 458,1000 chapter 459, chapter 460, chapter 461, chapter 463, chapter 466,1001 or chapter 490 must be submitted to the provider within 121002 months after the health insurer’s payment of the claim. An1003 overpayment [A] claim to a provider licensed under chapter 395,1004 chapter 458, chapter 459, chapter 460, chapter 461, chapter 463,1005 chapter 466, or chapter 490 is prohibited [for overpayment may]1006 [not be permitted] beyond 12 months after the health insurer’s1007 payment of a claim, except that overpayment claims [for]1008 [overpayment] may be sought beyond that time from providers1009 convicted of fraud pursuant to s. 817.234.1010 (19) Notwithstanding any other provision of this section,1011 all claims for underpayment from a provider licensed under1012 chapter 395, chapter 458, chapter 459, chapter 460, chapter 461,1013 or chapter 466 must be submitted to the health insurer within 121014 months after the health insurer’s payment of the claim. A claim1015 for underpayment by a provider licensed under chapter 395,1016 chapter 458, chapter 459, chapter 460, chapter 461, or chapter1017 466 is prohibited [may not be permitted] beyond 12 months after1018 the health insurer’s payment of a claim.1019 (20)Nothing in this section shall be interpreted to limit,1020 restrict, or negatively impact any legal claim by a provider or1021 health insurer for breach of contract, statutory or regulatory1022 violation, or a common-law cause of action, nor to shorten or1023 otherwise negatively impact the statute of limitations timeframe1024 for bringing any such legal claim.1025 (21)A health insurer is prohibited from requesting1026 information from a contracted or noncontracted provider which1027 does not apply to the medical condition at issue for the1028 purposes of adjudicating a clean claim.1029 (22)A health insurer is prohibited from requesting a1030 contracted or noncontracted provider to resubmit claim1031 information that the contracted or noncontracted provider can1032 document it has already provided to the health insurer or that1033 is contained inside the electronic medical record to which the1034 health insurer has been provided access.1035 (23)Notwithstanding any other provision of this section, a1036 health insurer is prohibited from requiring any information from1037 a provider before the provision of emergency health care1038 services as a condition of payment of a claim, as a basis for1039 denying, delaying, offsetting, withholding, or reducing payment1040 of a claim, or in contesting whether the claim is a clean claim.1041 (24)For a violation of this section, a provider shall have1042 a private cause of action to proceed against the health insurer1043 in the applicable tribunal for the violation.1044 (25)[(20)](a) A contract between a health insurer and a1045 dentist licensed under chapter 466 for the provision of services1046 to an insured is prohibited from specifying [may not specify]1047 credit card payment as the only acceptable method for payments1048 from the health insurer to the dentist.1049 (b) When a health insurer employs the method of claims1050 payment to a dentist through electronic funds transfer,1051 including, but not limited to, virtual credit card payment, the1052 health insurer shall notify the dentist as provided in this1053 paragraph and obtain the dentist’s consent before employing the1054 electronic funds transfer. The dentist’s consent described in1055 this paragraph applies to the dentist’s entire practice. For the1056 purpose of this paragraph, the dentist’s consent, which may be1057 given through e-mail, must bear the signature of the dentist.1058 Such signature includes an electronic or digital signature if1059 the form of signature is recognized as a valid signature under1060 applicable federal law or state contract law or an act that1061 demonstrates express consent, including, but not limited to,1062 checking a box indicating consent. The health insurer or dentist1063 is prohibited from requiring [may not require] that a dentist’s1064 consent as described in this paragraph be made on a patient-by1065 patient basis. The notification provided by the health insurer1066 to the dentist must include all of the following:1067 1. The fees, if any, associated with the electronic funds1068 transfer.1069 2. The available methods of payment of claims by the health1070 insurer, with clear instructions to the dentist on how to select1071 an alternative payment method.1072 (c) A health insurer that pays a claim to a dentist through1073 automated clearinghouse transfer is prohibited from charging [may]1074 [not charge] a fee solely to transmit the payment to the dentist1075 unless the dentist has consented to the fee.1076 (d) This subsection applies to contracts delivered, issued,1077 or renewed on or after January 1, 2025.1078 (e) The office has all rights and powers to enforce this1079 subsection as provided by s. 624.307.1080 (f) The commission may adopt rules to implement this1081 subsection.1082 (26)[(21)](a) A health insurer is prohibited from denying [may]1083 [not deny] any claim subsequently submitted by a dentist licensed1084 under chapter 466 for procedures specifically included in a1085 prior authorization unless at least one of the following1086 circumstances applies for each procedure denied:1087 1. Benefit limitations, such as annual maximums and1088 frequency limitations not applicable at the time of the prior1089 authorization, are reached subsequent to issuance of the prior1090 authorization.1091 2. The documentation provided by the person submitting the1092 claim fails to support the claim as originally authorized.1093 3. Subsequent to the issuance of the prior authorization,1094 new procedures are provided to the patient or a change in the1095 condition of the patient occurs such that the prior authorized1096 procedure would no longer be considered medically necessary,1097 based on the prevailing standard of care.1098 4. Subsequent to the issuance of the prior authorization,1099 new procedures are provided to the patient or a change in the1100 patient’s condition occurs such that the prior authorized1101 procedure would at that time have required disapproval pursuant1102 to the terms and conditions for coverage under the patient’s1103 plan in effect at the time the prior authorization was issued.1104 5. The denial of the claim was due to one of the following:1105 a. Another payor is responsible for payment.1106 b. The dentist has already been paid for the procedures1107 identified in the claim.1108 c. The claim was submitted fraudulently, or the prior1109 authorization was based in whole or material part on erroneous1110 information provided to the health insurer by the dentist,1111 patient, or other person not related to the health insurer.1112 d. The person receiving the procedure was not eligible to1113 receive the procedure on the date of service.1114 e. The services were provided during the grace period1115 established under s. 627.608 or applicable federal regulations,1116 and the dental insurer notified the provider that the patient1117 was in the grace period when the provider requested eligibility1118 or enrollment verification from the dental insurer, if such1119 request was made.1120 (b) This subsection applies to all contracts delivered,1121 issued, or renewed on or after January 1, 2025.1122 (c) The office has all rights and powers to enforce this1123 subsection as provided by s. 624.307.1124 (d) The commission may adopt rules to implement this1125 subsection.1126 Section 4. Section 641.3155, Florida Statutes, is amended1127 to read:1128 641.3155 Prompt payment of claims.—1129 (1) As used in this section, the term:1130 (a) “Claim” for a noninstitutional provider means a paper1131 HCFA 1500 claim form, or its successor, or an electronic billing1132 instrument submitted to the health maintenance organization’s1133 designated location that consists of the ANSI ASC X12N 837P1134 standard [HCFA 1500] data set, or its successor, that has all1135 mandatory entries for a physician licensed under chapter 458,1136 chapter 459, chapter 460, chapter 461, or chapter 463, or1137 psychologists licensed under chapter 490 or any appropriate1138 billing instrument as designated by the provider that has all1139 mandatory entries for any other noninstitutional provider. For1140 institutional providers, “claim” means a paper CMS-1450 claim1141 form, or its successor, or an electronic billing instrument1142 submitted to the health maintenance organization’s designated1143 location that consists of the ANSI ASC X12N 837I standard [UB-92]1144 data set or its successor with entries stated as mandatory by1145 the National Uniform Billing Committee.1146 (b)“Clean claim” means a completed form, or completed1147 electronic billing instrument, containing all information1148 required under the applicable form or electronic billing1149 instrument, as well as information reasonably required by the1150 health maintenance organization, other than for emergency1151 services and care as defined in s. 641.19, in advance of the1152 provision of service by the health maintenance organization to1153 substantiate the claim.1154 (c)“Electronic medical record” means the digital record of1155 a patient’s information that may be accessed through electronic1156 means, via portal or other method of electronic access, which1157 may include information regarding the patient’s medical history,1158 medical condition, medical treatment, laboratory results,1159 diagnostic reports, and clinical notes.1160 (d)“Emergency health care service” has the same meaning as1161 “emergency services and care” as defined in s. 641.19.1162 (e)“Enrollee ineligibility” means that the enrollee was no1163 longer enrolled in the health maintenance organization at the1164 time of receiving the applicable service.1165 (f)“Overpayment” means payment made upon a claim that is:1166 1.Billed in error;1167 2.A duplicate claim; or1168 3.Billed for a service rendered to a patient despite1169 enrollee ineligibility.11701171 A request for overpayment is limited to a billing error,1172 duplicate bill, or enrollee ineligibility.1173 (2) All claims for payment or overpayment, whether1174 electronic or nonelectronic:1175 (a) Are considered received on the date the claim is1176 received by the health maintenance organization at its1177 designated claims-receipt location or the date the overpayment [a]1178 claim [for overpayment] is received by the provider at its1179 designated location.1180 (b) As to providers’ claims for payment, must be mailed or1181 electronically transferred to the primary organization within 61182 months after the following have occurred:1183 1. Discharge for inpatient services or the date of service1184 for outpatient services; and1185 2. The provider has been furnished with the correct name1186 and address of the patient’s health maintenance organization.11871188 All providers’ claims for payment, whether electronic or1189 nonelectronic, must be mailed or electronically transferred to1190 the secondary organization within 45 [90] days after final1191 determination by the primary organization. A provider’s claim is1192 considered submitted on the date it is electronically1193 transferred or mailed.1194 (c) Must not duplicate a claim previously submitted unless1195 it is determined that the original claim was not received or is1196 otherwise lost.1197 (3) For all electronically submitted claims, a health1198 maintenance organization shall:1199 (a) Within 24 hours after the beginning of the next1200 business day after receipt of the claim, provide to the1201 electronic source submitting the claim an electronic1202 acknowledgment of the receipt of the claim, accompanied by a1203 statement indicating the health maintenance organization’s1204 position as to whether the claim is a clean claim or whether the1205 claim is missing any information that is required under the1206 applicable electronic billing instrument described in paragraph1207 (1)(a) or that was reasonably required by the health maintenance1208 organization, other than for emergency health care services, in1209 advance of the provision of service to substantiate [to the]1210 [electronic source submitting] the claim, and the health1211 maintenance organization asserts is missing as of the date of1212 service.1213 (b) Within 15 [20] days after receipt of the claim, pay the1214 claim or notify a provider or designee if a claim is denied or1215 contested. Notice of the health maintenance organization’s1216 action on the claim and payment of the claim is considered to be1217 made on the date the notice or payment was received by the1218 provider [mailed] or electronically transferred.1219 (c)1. Notification of the health maintenance organization’s1220 determination of a contested claim must be accompanied by an1221 itemized list of any [additional] information required under the1222 applicable billing instrument described in paragraph (1)(a) or1223 that was reasonably required by the health maintenance1224 organization, other than for emergency health care services, in1225 advance of the provision of service to substantiate the claim,1226 and the health maintenance organization asserts is missing as of1227 the date of such service [or documents the insurer can reasonably]1228 [determine are necessary to process the claim].1229 2. A provider must submit the additional information or1230 documentation, as specified on the itemized list, within 30 [35]1231 days after receipt of the notification of contestation unless,1232 within the 30-day period, the provider notifies the health1233 maintenance organization of the provider’s position that a clean1234 claim has been submitted. Additional information is considered1235 submitted on the date it is electronically transferred or1236 mailed. The health maintenance organization is prohibited from1237 requesting [may not request] duplicate documents.1238 (d) For purposes of this subsection, electronic means of1239 transmission of claims, notices, documents, forms, and payment1240 shall be used to the greatest extent possible by the health1241 maintenance organization and the provider.1242 (e) A claim contested by the health maintenance1243 organization must be paid or denied within 30 [90] days after1244 receipt of the additional information requested [claim]. Failure1245 to pay or deny a claim within 90 [120] days after receipt of the1246 claim, regardless of whether contested by the health maintenance1247 organization, creates an uncontestable obligation to pay the1248 claim.1249 (4) For all nonelectronically submitted claims, a health1250 maintenance organization shall:1251 (a) Within 15 days following receipt of the claim [Effective]1252 [November 1, 2003], provide to the provider, or designee, who1253 submitted the claim:1254 1.An acknowledgment of receipt of the claim, accompanied1255 by a statement indicating the health maintenance organization’s1256 position as to whether the claim is a clean claim or the claim1257 is missing any information that is required under the applicable1258 paper billing form, as described in paragraph (1)(a), or that1259 was reasonably required by the health maintenance organization,1260 other than for emergency health care services, in advance of the1261 provision of service to substantiate the claim, and the health1262 maintenance organization asserts is missing as of the date of1263 service; or1264 2. [within 15 days after receipt of the claim to the]1265 [provider or designee or provide a provider or designee within 15]1266 [days after receipt with] Electronic access to the status of the [a]1267 submitted claim, which status must indicate the health1268 maintenance organization’s position as to whether the claim is a1269 clean claim or missing any information described in subparagraph1270 1.1271 (b) Within 30 [40] days after receipt of the claim, pay the1272 claim or notify a provider or designee if a claim is denied or1273 contested. Notice of the health maintenance organization’s1274 action on the claim and payment of the claim is considered to be1275 made on the date the notice or payment was received by the1276 provider [mailed] or electronically transferred.1277 (c)1. Notification of the health maintenance organization’s1278 determination of a contested claim must be accompanied by an1279 itemized list of any [additional] information required under the1280 applicable form or billing instrument described in paragraph1281 (1)(a), or that was reasonably required by the health1282 maintenance organization, other than for emergency health care1283 services, in advance of the provision of service to substantiate1284 the claim, and the health maintenance organization asserts is1285 missing as of the date of such service [or documents the]1286 [organization can reasonably determine are necessary to process]1287 [the claim].1288 2. A provider must submit the additional information or1289 documentation, as specified on the itemized list, within 30 [35]1290 days after receipt of the notification of contestation unless,1291 within the 30-day period, the provider notifies the health1292 maintenance organization of the provider’s position that a clean1293 claim has been submitted. Additional information is considered1294 submitted on the date it is electronically transferred or1295 mailed. The health maintenance organization is prohibited from1296 requesting [may not request] duplicate documents.1297 (d) For purposes of this subsection, electronic means of1298 transmission of claims, notices, documents, forms, and payments1299 must [shall] be used to the greatest extent possible by the health1300 maintenance organization and the provider.1301 (e) A claim contested by the health maintenance1302 organization must be paid or denied within 30 [120] days after1303 receipt of the additional information requested [claim]. Failure1304 to pay or deny a claim within 90 [140] days after receipt of the1305 claim, regardless of whether contested by the health maintenance1306 organization, creates an uncontestable obligation to pay the1307 claim as submitted by the provider.1308 (5)Regardless of whether a claim has been submitted1309 electronically or nonelectronically, and notwithstanding any1310 other provision of this section:1311 (a)Once a provider grants a health maintenance1312 organization access to a patient’s electronic medical record,1313 the provider is deemed to have supplied all information1314 necessary to pay the claim, including, without limitation, all1315 information that is required under the applicable billing1316 instrument and that was reasonably required by the health1317 maintenance organization, other than for emergency health care1318 services, in advance of the provision of service to substantiate1319 the claim. Additional information or documentation, regardless1320 of whether the health maintenance organization requests any1321 additional information, is deemed unnecessary and deemed not1322 required for payment of the claim, and any request for1323 additional information, and any position of the health1324 maintenance organization or any third party acting on behalf of1325 the health maintenance organization regarding any lack of1326 information from the provider, is prohibited from being used to1327 deny, reduce, offset, withhold, pend, or delay payment of the1328 claim.1329 (b)If notice of access to the electronic medical record1330 has been provided to the health maintenance organization, the1331 claim must be paid or denied within 30 days of such notice to1332 the health maintenance organization. Failure to pay or deny a1333 claim, for which the health maintenance organization has been1334 provided notice of access to the electronic medical record1335 within 75 days after receipt of such notice, creates an1336 uncontestable obligation to pay the claim as submitted by the1337 provider.1338 (6)[(5)] If a health maintenance organization determines that1339 it has made an overpayment to a provider for services rendered1340 to an enrollee [a subscriber], the health maintenance organization1341 must make an overpayment [a] claim for such overpayment to the1342 provider’s designated location. A health maintenance1343 organization that makes an overpayment [a] claim [for overpaymen]t1344 to a provider under this section shall give the provider a1345 written or electronic statement specifying the basis for the1346 retrospective [retroactive] denial or payment adjustment. The1347 health maintenance organization must also identify the claim or1348 claims, or [overpayment claim] portion thereof, as to which the1349 health maintenance organization alleges overpayment, and the1350 specific invoice number submitted with or on the claim, as well1351 as the specific line items on the bill that are subject to the1352 overpayment claim [for which a claim for overpayment is]1353 [submitted]. Except as provided in subparagraph (a)3., there may1354 be no denial, reduction, offset, withholding, pending, or delay1355 of payment, or other negative impact, regardless of whether by1356 the health maintenance organization or any third party acting on1357 behalf of such health maintenance organization, on payment of1358 any other claim of the provider on the basis of the overpayment1359 allegation.1360 (a) If an overpayment determination is the result of1361 retrospective [retroactive] review or retrospective audit [of]1362 [coverage decisions or payment levels not related to fraud], a1363 health maintenance organization must [shall] adhere to the1364 following procedures:1365 1. All overpayment claims [for overpayment] must be received1366 by the [submitted to a] provider within 18 [30] months after the1367 health maintenance organization’s payment of the claim. A1368 provider must pay, deny, or contest the health maintenance1369 organization’s overpayment claim [for overpayment] within 40 days1370 after the receipt of the overpayment claim. All contested1371 overpayment claims [for overpayment] must be paid or denied within1372 120 days after receipt of the overpayment claim. Failure to pay1373 or deny an overpayment [and] claim within 140 days after receipt1374 creates an uncontestable obligation to pay the overpayment1375 claim.1376 2. A provider that denies or contests a health maintenance1377 organization’s overpayment claim [for overpayment] or any portion1378 of an overpayment [a] claim shall notify the health maintenance1379 organization, in writing, within 40 [35] days after the provider1380 receives the overpayment claim that the overpayment claim [for]1381 [overpayment] is contested or denied. The notice that the1382 overpayment claim [for overpayment] is denied or contested must1383 identify the denied or contested portion of the claim and the1384 specific reason for contesting or denying the overpayment claim1385 and, if contested, must include a request for additional1386 information. If the health maintenance organization submits1387 additional information, the health maintenance organization1388 must, within 35 days after receipt of the request, mail or1389 electronically transfer the information to the provider. The1390 provider shall pay or deny the overpayment claim [for overpayment]1391 within 45 days after receipt of the information. The notice from1392 the provider regarding denial or contestation of the overpayment1393 claim is considered made on the date the notice is mailed or1394 electronically transferred by the provider.1395 3. The health maintenance organization is prohibited from1396 denying, reducing, offsetting, withholding, pending, or delaying1397 [may not reduce] payment to the provider for other services unless1398 the provider agrees to the denial, reduction, offset,1399 withholding, pending, or delay of payment in writing or fails to1400 respond to the health maintenance organization’s overpayment1401 claim as required by this paragraph.1402 4. Payment of an overpayment claim is considered made on1403 the date the payment was mailed or electronically transferred.1404 An overdue payment of a claim bears simple interest at the rate1405 of 12 percent per year. Interest on an overdue payment for an1406 overpayment [a] claim [for an overpayment payment] begins to accrue1407 when the overpayment claim should have been paid[, denied, or]1408 [contested].1409 (b) An overpayment [A] claim is prohibited [for overpayment]1410 [shall not be permitted] beyond 18 [30] months after the health1411 maintenance organization’s payment of a claim, except that1412 overpayment claims [for overpayment] may be sought beyond that1413 time from providers convicted of fraud pursuant to s. 817.234.1414 (7)[(6)] Payment of a claim is considered made on the date1415 the payment was mailed or electronically transferred to the1416 provider. An overdue payment of a claim bears simple interest of1417 15 [12] percent per year, to be calculated on the full total1418 amount that should have been paid on the claim within the1419 applicable time period specified in this section. If an1420 applicable court, arbitration tribunal, or other binding legal1421 process determines that a claim that was paid at a lesser amount1422 should have been paid at a full total amount, whether under a1423 breach of contract legal claim, a legal claim under a statutory1424 private cause of action, or other basis, the 15 percent per year1425 interest must be calculated on the full total amount, rather1426 than upon the difference between the full total amount and the1427 amount that was actually paid. If an applicable court,1428 arbitration tribunal, or other binding legal process determines1429 that a claim was subject to an inappropriate or impermissible1430 denial or partial denial, whether in a breach of contract,1431 statute, common law, or otherwise, interest must be calculated1432 on the full total amount that should have been paid on the claim1433 within the applicable time period for payment specified in this1434 section, and the act of denial or partial denial is deemed not1435 to have in any way tolled the time period for such payment.1436 Interest on the full total amount that should have been paid on1437 the claim within the applicable time period specified in this1438 section [an overdue payment for a claim or for any portion of a]1439 [claim] begins to accrue when the claim should have been paid[,]1440 [denied, or contested]. The interest must be paid along with, and1441 in addition to, the payment for the satisfaction of the full1442 total amount of the claim, as determined by an applicable court,1443 arbitration tribunal, or other binding legal process [is payable]1444 [with the payment of the claim].1445 (8)[(7)] For all contracts entered into or renewed on or1446 after October 1, 2002, a health maintenance organization’s1447 internal dispute resolution process related to a denied claim1448 not under active review by a mediator, arbitrator, or third1449 party dispute entity must be finalized within 60 days after the1450 receipt of the provider’s request for review or appeal.1451 Notwithstanding any provision of this section, if the provider1452 and health maintenance organization disagree as to the1453 interpretation of contractual or statutory language, the1454 provider is not required to participate in the health1455 maintenance organization’s internal dispute resolution process.1456 (9)[(8)] A provider or any representative of a provider,1457 regardless of whether the provider is under contract with the1458 health maintenance organization, is prohibited from collecting1459 or attempting [may not collect or attempt] to collect money from,1460 maintaining [maintain] any action at law against, or reporting1461 [report] to a credit agency an enrollee [a subscriber] for payment1462 of covered services for which the health maintenance1463 organization contested or denied the provider’s claim. This1464 prohibition applies during the pendency of any claim for payment1465 made by the provider to the health maintenance organization for1466 payment of the services or internal dispute resolution process1467 to determine whether the health maintenance organization is1468 liable for the services. For a claim, this pendency applies from1469 the date the claim or a portion of the claim is denied to the1470 date of the completion of the health maintenance organization’s1471 internal dispute resolution process, not to exceed 60 days. This1472 subsection does not prohibit collection by the provider of1473 copayments, coinsurance, or deductible amounts due the provider.1474 [(9)][The provisions of this section may not be waived,]1475 [voided, or nullified by contract.]1476 (10) A health maintenance organization is prohibited from1477 retrospectively denying [may not retroactively deny] a claim1478 because of enrollee [subscriber] ineligibility more than 90 days [1]1479 [year] after the date of payment of the claim.1480 (11) A health maintenance organization must [shall] pay a1481 contracted primary care or admitting physician, pursuant to such1482 physician’s contract, for providing inpatient services in a1483 contracted hospital to an enrollee [a subscriber] if such services1484 are determined by the primary care physician or admitting1485 physician [health maintenance organization] to be medically1486 necessary and such services are covered services under the1487 health maintenance organization’s contract with the contract1488 holder.1489 (12) A permissible error ratio of 5 percent is established1490 for health maintenance organizations’ claims payment violations1491 of paragraphs (3)(a), (b), (c), and (e) and (4)(a), (b), (c),1492 and (e). If the error ratio of a particular health maintenance1493 organization [insurer] does not exceed the permissible error ratio1494 of 5 percent for an audit period, no fine may [shall] be assessed1495 for the noted claims violations for the audit period. The error1496 ratio is [shall be] determined by dividing the number of claims1497 with violations found on a statistically valid sample of claims1498 for the audit period by the total number of claims in the1499 sample. If the error ratio exceeds the permissible error ratio1500 of 5 percent, a fine may be assessed according to s. 624.42111501 for those claims payment violations which exceed the error1502 ratio. Notwithstanding the provisions of this section, the1503 office may fine a health maintenance organization for claims1504 payment violations of paragraphs (3)(e) and (4)(e) which create1505 an uncontestable obligation to pay the claim as submitted by the1506 provider. The office shall refrain from imposing a [not] fine upon1507 a health maintenance organization [organizations] for violations1508 which the office determines were due to circumstances beyond the1509 organization’s control.1510 (13) This section applies [shall apply] to all claims or any1511 portion of a claim submitted for payment for services provided1512 to an enrollee [by] a[ health maintenance organization subscriber]1513 under a health maintenance organization plan, or submitted for1514 payment for services provided to an enrollee under a self1515 insured plan or fund, or fully-insured plan or fund, offered by1516 a person or an entity, when a health maintenance organization is1517 involved in the administration, or claims-processing activities,1518 relating to such plan or fund [subscriber contract to the]1519 [organization for payment].1520 (14) Notwithstanding paragraph (3)(b), where an electronic1521 pharmacy claim is submitted to a pharmacy benefits manager1522 acting on behalf of a health maintenance organization, the1523 pharmacy benefits manager must [shall], within 30 days after [of]1524 receipt of the claim, pay the claim or notify a provider or1525 designee if a claim is denied or contested. Notice of the health1526 maintenance organization’s action on the claim and payment of1527 the claim is considered to be made on the date the notice or1528 payment was received by the provider [mailed] or electronically1529 transferred.1530 (15) Notwithstanding paragraph (4)(a), effective November1531 1, 2003, where a nonelectronic pharmacy claim is submitted to a1532 pharmacy benefits manager acting on behalf of a health1533 maintenance organization, the pharmacy benefits manager shall1534 provide acknowledgment of receipt of the claim within 30 days1535 after receipt of the claim to the provider or provide a provider1536 within 30 days after receipt with electronic access to the1537 status of a submitted claim.1538 (16) Notwithstanding the 18-month [30-month] period provided1539 in subsection (6) [(5)], all claims for overpayment submitted to a1540 provider licensed under chapter 395, chapter 458, chapter 459,1541 chapter 460, chapter 461, chapter 463, chapter 466, or chapter1542 490 must be submitted to the provider within 12 months after the1543 health maintenance organization’s payment of the claim. An1544 overpayment [A] claim to a provider licensed under chapter 395,1545 458, chapter 459, chapter 460, chapter 461, chapter 463, chapter1546 466, or chapter 490 is prohibited [for overpayment may not be]1547 [permitted] beyond 12 months after the health maintenance1548 organization’s payment of a claim, except that claims for1549 overpayment may be sought beyond that time from providers1550 convicted of fraud pursuant to s. 817.234.1551 (17) Notwithstanding any other provision of this section,1552 all claims for underpayment from a provider licensed under1553 chapter 395, chapter 458, chapter 459, chapter 460, chapter 461,1554 or chapter 466 must be submitted to the health maintenance1555 organization within 12 months after the health maintenance1556 organization’s payment of the claim. A claim for underpayment by1557 a provider licensed under chapter 395, chapter 458, chapter 459,1558 chapter 460, chapter 461, or chapter 466 is prohibited [may not]1559 [be permitted] beyond 12 months after the health maintenance1560 organization’s payment of a claim.1561 (18)Nothing in this section may be interpreted to limit,1562 restrict, or negatively impact any legal claim by a provider or1563 health maintenance organization for breach of contract,1564 statutory or regulatory violation, or a common-law cause of1565 action, nor to shorten or otherwise negatively impact the1566 statute of limitations timeframe for bringing any such legal1567 claim.1568 (19)A health insurer is prohibited from requesting1569 information from a contracted or noncontracted provider which1570 does not apply to the medical condition at issue for the1571 purposes of adjudicating a clean claim.1572 (20)A health maintenance organization is prohibited from1573 requesting a contracted or noncontracted provider to resubmit1574 claim information that the contracted or noncontracted provider1575 can document it has already provided to the health maintenance1576 organization or that is contained inside the electronic medical1577 record to which the health maintenance organization has been1578 provided access.1579 (21)Notwithstanding any other provision of this section, a1580 health maintenance organization is prohibited from requiring any1581 information from a provider before the provision of emergency1582 health care services as a condition of payment of a claim, as a1583 basis for denying, delaying, offsetting, withholding, or1584 reducing payment of a claim, or in contesting whether the claim1585 is a clean claim.1586 (22)For a violation of this section, a provider shall have1587 a private cause of action to proceed against the health1588 maintenance organization in the applicable tribunal for the1589 violation.1590 Section 5. Paragraph (c) of subsection (2) of section1591 395.1065, Florida Statutes, is amended to read:1592 395.1065 Criminal and administrative penalties;1593 moratorium.—1594 (2)1595 (c) The agency may impose an administrative fine for the1596 violation of s. 641.3154 or, if sufficient claims due to a1597 provider from a health maintenance organization do not exist to1598 enable the take-back of an overpayment, as provided under s.1599 641.3155(6) [s. 641.3155(5)], for the violation of s. 641.3155(6)1600 [s. 641.3155(5)]. The administrative fine for a violation cited in1601 this paragraph shall be in the amounts specified in s.1602 641.52(5), and the provisions of paragraph (a) do not apply.1603 Section 6. This act shall take effect July 1, 2026.
Prohibiting payment adjudicators from downcoding health care services under certain circumstances; specifying that payment adjudicators are solely responsible for certain violations of law; requiring certain utilization review entities to only use a certain prior authorization form; revising the definition of the term "claim", etc.
Sponsors
Sen. Ralph Massullo (R) sponsors S 1130 alone.
History
S 1130 has taken 4 actions since Jan 5, 2026, the latest on Mar 13, 2026.
| Chamber | Action | |||
|---|---|---|---|---|
Mar 13, 2026 | Senate | Died in Banking and Insurance | ||
Jan 13, 2026 | Senate | Introduced | ||
Jan 12, 2026 | Senate | Referred to Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy | ||
Jan 5, 2026 | Senate | Filed |
Votes
S 1130 has not gone to a roll call.
Source: flsenate.gov · legiscan.com