§ 636.032 — Acceptable payments

Florida § 636.032

• Jurisdiction: Florida
• Title: XXXVII
• Ch. 636: PREPAID LIMITED HEALTH SERVICE ORGANIZATIONSAND DISCOUNT PLAN ORGANIZATIONS

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(1) Each prepaid limited health service organization may accept from government agencies, corporations, groups, or individuals payments covering all or part of the cost of contracts entered into between the prepaid limited health service organization and its subscribers.

(2)(a) A contract between a prepaid limited health service organization and a dentist licensed under chapter 466 for the provision of services to a subscriber may not specify credit card payment as the only acceptable method for payments from the prepaid limited health service organization to the dentist. (b) When a prepaid limited health service organization employs the method of claims payment to a dentist through electronic funds transfer, including, but not limited to, virtual credit card payment, the prepaid limited health service organization shall notify the dentist as provided in this paragraph and obtain the dentist’s consent before employing the electronic funds transfer. The dentist’s consent described in this paragraph applies to the dentist’s entire practice. For the purpose of this paragraph, the dentist’s consent, which may be given through e-mail, must bear the signature of the dentist. Such signature includes an electronic or digital signature if the form of signature is recognized as a valid signature under applicable federal law or state contract law or an act that demonstrates express consent, including, but not limited to, checking a box indicating consent. The prepaid limited health service organization or dentist may not require that a dentist’s consent as described in this paragraph be made on a patient-by-patient basis. The notification provided by the prepaid limited health service organization to the dentist must include all of the following: 1. The fees, if any, that are associated with the electronic funds transfer. 2. The available methods of payment of claims by the prepaid limited health service organization, with clear instructions to the dentist on how to select an alternative payment method. (c) A prepaid limited health service organization that pays a claim to a dentist through Automatic Clearing House transfer may not charge a fee solely to transmit the payment to the dentist unless the dentist has consented to the fee. (d) This subsection applies to contracts delivered, issued, or renewed on or after January 1, 2025. (e) The office has all rights and powers to enforce this subsection as provided by s. 624.307. (f) The commission may adopt rules to implement this subsection.

Legislative History

s. 25, ch. 93-148; s. 2, ch. 2024-196.