AB50,1394,1717(c) Health care provider has the meaning given in s. 146.81 (1) (a) to (p).
AB50,1394,2018(2) Claims processing. (a) Insurers shall process each claim for a disability
19insurance policy within a time frame that is reasonable and prevents an undue
20delay in an insureds care, taking into account the medical urgency of the claim.
AB50,1394,2421(b) If an insurer determines additional information is needed to process a
22claim for a disability insurance policy, the insurer shall request the information
23from the insured within 5 business days of making the determination and shall
24provide at least 15 days for the insured to respond.
AB50,1395,1
1(c) All claim denials shall include all of the following:
AB50,1395,321. A specific and detailed explanation of the reason for the denial that cites
3the exact medical or policy basis for the denial.
AB50,1395,642. A copy of or a publicly accessible link to any policy, coverage rules, clinical
5guidelines, or medical evidence relied upon in making the denial decision, with
6specific citation to the provision justifying the denial.
AB50,1395,973. Additional documentation, medical rationale, or criteria that must be met
8or provided for approval of the claim, including alternative options available under
9the policy.
AB50,1395,1210(d) If an insurer uses artificial intelligence or algorithmic decision-making in
11processing a claim for a disability insurance policy, the insurer must notify the
12insured in writing of that fact. The notice shall include all of the following:
AB50,1395,15131. A disclosure that artificial intelligence or algorithmic decision-making was
14used at any stage in reviewing the claim, even if a human later reviewed the
15outcome.
AB50,1395,18162. A detailed explanation of how the artificial intelligence or algorithmic
17decision-making reached its decision, including any factors the artificial
18intelligence or algorithmic decision-making weighed.
AB50,1395,20193. A contact point for requesting a human review of the claim if the claim was
20denied.
AB50,1395,2321(3) Independent review of denials. In addition to an insureds right to an
22independent review under s. 632.835, as applicable, insureds have the right to
23request a review by the office of the public intervenor of any claim denial.
AB50,1396,2
1(4) Prohibited practices. An insurer may not do any of the following with
2respect to a disability insurance policy:
AB50,1396,33(a) Use vague or misleading policy terms to justify a claim denial.
AB50,1396,44(b) Fail to provide a specific and comprehensible reason for a claim denial.
AB50,1396,65(c) Cancel coverage under the policy after a claim is submitted due to alleged
6misstatements on the policy application.
AB50,1396,87(d) Deny a claim based on hidden or ambiguous exclusions in a disability
8insurance policy.
AB50,1396,99(e) Stall review of a claim to avoid timely payment.
AB50,1396,1110(f) Reject a claim without reviewing all relevant medical records or consulting
11qualified experts.
AB50,1396,1312(g) Fail to properly review or respond to an insureds appeal in a timely
13manner.
AB50,1396,1514(h) Allow non-physician personnel to determine whether care is medically
15necessary.
AB50,1396,1716(i) Apply different medical necessity criteria based on financial interests
17rather than patient needs.
AB50,1396,1918(j) Disregard a treating health care providers medical assessment without a
19valid clinical reason.
AB50,1396,2120(k) Mandate prior approval for routine or urgent procedures in a manner that
21causes harmful delays.
AB50,1396,2422(L) For a disability insurance policy that provides coverage of emergency
23medical services, refuse to cover emergency medical services provided by out-of-
24network providers.
AB50,1397,2
1(m) List a health care provider as in-network on a provider directory and then
2deny a claim by stating the health care provider is out-of-network.
AB50,1397,43(n) Deny coverage based on age, gender, disability, or a chronic condition
4rather than medical necessity.
AB50,1397,65(o) Apply stricter standards in reviewing claims related to mental health
6conditions than claims related to physical health conditions.
AB50,1397,87(p) Perform a blanket denial of claims for high-cost conditions without an
8individualized review of each claim.