Florida Senate - 2011 SB 546 By Senator Hays 20-00518-11 2011546__ 1 A bill to be entitled 2 An act relating to dentists; amending s. 627.6474, 3 F.S.; prohibiting contracts between health insurers 4 and dentists from containing certain fee requirements 5 set by the insurer under certain circumstances; 6 providing a definition; amending s. 636.035, F.S.; 7 prohibiting contracts between prepaid limited health 8 service organizations and dentists from containing 9 certain fee requirements set by the organization under 10 certain circumstances; providing a definition; 11 amending s. 641.315, F.S.; prohibiting contracts 12 between health maintenance organizations and dentists 13 from containing certain fee requirements set by the 14 organization under certain circumstances; providing a 15 definition; providing for application of the act; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 627.6474, Florida Statutes, is amended 21 to read: 22 627.6474 Provider contracts.— 23 (1) A health insurer mayshallnot require a contracted 24 health care practitioner as defined in s. 456.001(4) to accept 25 the terms of other health care practitioner contracts with the 26 insurer or any other insurer, or health maintenance 27 organization, under common management and control with the 28 insurer, including Medicare and Medicaid practitioner contracts 29 and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or 30 s. 641.315, except for a practitioner in a group practice as 31 defined in s. 456.053 who must accept the terms of a contract 32 negotiated for the practitioner by the group, as a condition of 33 continuation or renewal of the contract. Any contract provision 34 that violates this section is void. A violation of this section 35 is not subject to the criminal penalty specified in s. 624.15. 36 (2) A contract between a health insurer and a dentist 37 licensed under chapter 466 for the provision of services to 38 patients may not contain any provision that requires the dentist 39 to provide services to the insured under such contract at a fee 40 set by the health insurer unless such services are covered 41 services under the applicable contract. As used in this 42 subsection, the term “covered services” means services 43 reimbursable under the applicable contract, subject to such 44 contractual limitations on benefits, such as deductibles, 45 coinsurance, and copayments, as may apply. However, covered 46 services do not include dental services that are provided by a 47 dentist to an insured who has already met or exceeded the annual 48 or other periodic payment maximum established by the contract or 49 dental services that are not listed as a benefit that the 50 insured is entitled to receive under the contract. 51 Section 2. Subsection (13) is added to section 636.035, 52 Florida Statutes, to read: 53 636.035 Provider arrangements.— 54 (13) A contract between a prepaid limited health service 55 organization and a dentist licensed under chapter 466 for the 56 provision of services to subscribers of the prepaid limited 57 health service organization may not contain any provision that 58 requires the dentist to provide services to subscribers of the 59 prepaid limited health service organization at a fee set by the 60 prepaid limited health service organization unless such services 61 are covered services under the applicable contract. As used in 62 this subsection, the term “covered services” means services 63 reimbursable under the applicable contract, subject to such 64 contractual limitations on benefits, such as deductibles, 65 coinsurance, and copayments, as may apply. However, covered 66 services do not include dental services that are provided by a 67 dentist to a subscriber who already has met or exceeded the 68 annual or other periodic payment maximum established by the 69 contract or dental services that are not listed as a benefit 70 that the subscriber is entitled to receive under the contract. 71 Section 3. Subsection (11) is added to section 641.315, 72 Florida Statutes, to read: 73 641.315 Provider contracts.— 74 (11) A contract between a health maintenance organization 75 and a dentist licensed under chapter 466 for the provision of 76 services to subscribers of the health maintenance organization 77 may not contain any provision that requires the dentist to 78 provide services to subscribers of the health maintenance 79 organization at a fee set by the health maintenance organization 80 unless such services are covered services under the applicable 81 contract. As used in this subsection, the term “covered 82 services” means services reimbursable under the applicable 83 contract, subject to such contractual limitations on subscriber 84 benefits, such as deductibles, coinsurance, and copayments, as 85 may apply. However, covered services do not include any dental 86 services provided by a dentist to a subscriber who already has 87 met or exceeded the annual or other periodic payment maximum 88 established by the contract or dental services that are not 89 listed as a benefit that the subscriber is entitled to receive 90 under the contract. 91 Section 4. This act shall take effect July 1, 2011, and 92 applies to contracts entered into or renewed on or after that 93 date.