Bill Number: H.B. 2417

                                                                                                               Barto Floor Amendment

                                                                                                 Reference to: HHS amendment

                                                                          Amendment drafted by: Legislative Council

 

 

FLOOR AMENDMENT EXPLANATION

 

Modifies requirements relating to the direct payment amount to be applied to the enrollee’s in-network deductible.  Exempts the health care system from certain liability.

 

Requires health care providers and health care facilities to provide a receipt containing outlined information to persons making the direct payment.

 

Applies the changes relating to direct payments to policies, contracts and plans that are issued or renewed beginning January 1, 2017.


Fifty-second Legislature                                                        

First Regular Session                                                   H.B. 2417

 

BARTO FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2417

(Reference to HHS amendment)

 


Page 2, line 18, strike "K" insert "N"

Page 4, between lines 13 and 14, insert:

"J.  A health care provider who receives direct payment pursuant to this section shall provide the person making the direct payment with a receipt that includes the following information:

1.  The amount of the direct payment.

2.  The applicable procedure and diagnosis codes for the services rendered.

3.  A clear notation that the services were subject to direct payment under this section."

Reletter to conform

Line 21, after "insurer's" strike remainder of line

Strike line 22, insert "prevailing contracted commercial rate for the enrollee's health care plan in this state for the service or services.  If the service or services do not match standard codes or bundled payment programs in use in this state by the insurer, the amount applied to the in‑network deductible shall be the amount paid directly.  For the purposes of this subsection, "prevailing contracted commercial rate" means the most usual and customary rate that an insurer offers as payment for a specific service under a specific health care plan, not including a plan offered under medicare or medicaid or on a health insurance exchange.

L.  If an enrollee is enrolled in a high deductible plan that qualifies the enrollee for a health savings account as defined in 26 United States Code section 223, the health care system is not liable if the enrollee submits a claim for deductible application of a direct pay amount pursuant to subsection K of this section that jeopardizes the enrollee's status as an individual eligible for favorable tax treatment of the health savings account.

M.  This section does not create any private right or cause of action for or on behalf of any person against the health insurer. This section provides solely an administrative remedy for any violation of this section or any related rule."

Reletter to conform

Page 5, line 26, after the second quotation mark insert ":

            (a)"

      Between lines 29 and 30, insert:

"(b)  Does not include a governmental plan as defined in the employee retirement income security act of 1974 (P.L. 93‑406; 88 Stat. 829; 29 United States Code section 1002)."

Page 7, line 24, strike "L" insert "O"

Page 9, between lines 17 and 18, insert:

"K.  A health care facility that receives direct payment pursuant to this section shall provide the person making the direct payment with a receipt that includes the following information:

1.  The amount of the direct payment.

2.  The applicable procedure and diagnosis codes for the services rendered.

3.  A clear notation that the services were subject to direct payment under this section."

Reletter to conform

Line 25, after "insurer's" strike remainder of line

Strike line 26, insert "prevailing contracted commercial rate for the enrollee's health care plan in this state for the service or services.  If the service or services do not match standard codes or bundled payment programs in use in this state by the insurer, the amount applied to the in‑network deductible shall be the amount paid directly.  For the purposes of this subsection, "prevailing contracted commercial rate" means the most usual and customary rate that an insurer offers as payment for a specific service under a specific health care plan, not including a plan offered under medicare or medicaid or on a health insurance exchange.

M.  If an enrollee is enrolled in a high deductible plan that qualifies the enrollee for a health savings account as defined in 26 United States Code section 223, the health care system is not liable if the enrollee submits a claim for deductible application of a direct pay amount pursuant to subsection L of this section that jeopardizes the enrollee's status as an individual eligible for favorable tax treatment of the health savings account.

N.  This section does not create any private right or cause of action for or on behalf of any person against the health insurer. This section provides solely an administrative remedy for any violation of this section or any related rule."

Reletter to conform

Page 10, line 31, after the second quotation mark insert ":

            (a)"

Page 11, between lines 2 and 3, insert:

"(b)  Does not include a governmental plan as defined in the employee retirement income security act of 1974 (P.L. 93‑406; 88 Stat. 829; 29 United States Code section 1002)."

Strike lines 10, 11 and 12, insert:

"Sec. 3.  Repeal

Laws 2013, chapter 202, section 7 is repealed.

Sec. 4.  Effective date

Sections 32‑3216 and 36‑437, Arizona Revised Statutes, as amended by this act, are effective from and after December 31, 2016 and apply to policies, contracts and plans that are issued or renewed from and after December 31, 2016."

Amend title to conform


 

 

 

 

 

 

 

2417nb2

03/25/2015

1:19 PM

C: mjh

 

3/26/15

10:24 AM

S: EM/ls