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 may shall not 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.