Florida Senate - 2011 CS for SB 546 By the Committee on Health Regulation; and Senators Hays, Sobel, and Gaetz 588-03217-11 2011546c1 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; prohibiting a contract from 7 containing a provision that prohibits a dentist from 8 billing a patient the difference between the amount 9 reimbursed by the insurer and the dentist’s normal 10 rate for services under certain circumstances; 11 prohibiting a health insurer from requiring as a 12 condition of a contract that a dentist participate in 13 a discount medical plan; amending s. 636.035, F.S.; 14 prohibiting contracts between prepaid limited health 15 service organizations and dentists from containing 16 certain fee requirements set by the organization under 17 certain circumstances; providing a definition; 18 prohibiting the prepaid limited health service 19 organization from requiring as a condition of a 20 contract that a dentist participate in a discount 21 medical plan; amending s. 641.315, F.S.; prohibiting 22 contracts between health maintenance organizations and 23 dentists from containing certain fee requirements set 24 by the organization under certain circumstances; 25 providing a definition; prohibiting the health 26 maintenance organization from requiring as a condition 27 of a contract that a dentist participate in a discount 28 medical plan; providing for application of the act; 29 providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 627.6474, Florida Statutes, is amended 34 to read: 35 627.6474 Provider contracts.— 36 (1) A health insurer mayshallnot require a contracted 37 health care practitioner as defined in s. 456.001(4) to accept 38 the terms of other health care practitioner contracts with the 39 insurer or any other insurer, or health maintenance 40 organization, under common management and control with the 41 insurer, including Medicare and Medicaid practitioner contracts 42 and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or 43 s. 641.315, except for a practitioner in a group practice as 44 defined in s. 456.053 who must accept the terms of a contract 45 negotiated for the practitioner by the group, as a condition of 46 continuation or renewal of the contract. Any contract provision 47 that violates this section is void. A violation of this 48 subsectionsectionis not subject to the criminal penalty 49 specified in s. 624.15. 50 (2)(a) A contract between a health insurer and a dentist 51 licensed under chapter 466 for the provision of services to 52 patients may not contain any provision that requires the dentist 53 to provide services to the insured under such contract at a fee 54 set by the health insurer unless such services are covered 55 services under the applicable contract. 56 (b) As used in this subsection, the term “covered services” 57 means services reimbursable under the applicable contract at not 58 less than 50 percent of the usual, customary, and reasonable fee 59 of similar providers in the zip code area where the services are 60 provided, subject to such contractual limitations on benefits, 61 such as deductibles, coinsurance, and copayments, as may apply. 62 However, covered services do not include dental services that 63 are provided by a dentist to an insured for dental services that 64 are not listed as a benefit that the insured is entitled to 65 receive under the contract. 66 (c) A contract may not contain a provision that prohibits a 67 dentist from billing a patient the difference between the amount 68 reimbursed by the insurer and the dentist’s normal rate for the 69 services if such services are not covered services as defined in 70 paragraph (b). A health insurer may not require as a condition 71 of the contract that the dentist participate in a discount 72 medical plan under part II of chapter 636. 73 Section 2. Subsection (13) is added to section 636.035, 74 Florida Statutes, to read: 75 636.035 Provider arrangements.— 76 (13)(a) A contract between a prepaid limited health service 77 organization and a dentist licensed under chapter 466 for the 78 provision of services to subscribers of the prepaid limited 79 health service organization may not contain any provision that 80 requires the dentist to provide services to subscribers of the 81 prepaid limited health service organization at a fee set by the 82 prepaid limited health service organization unless such services 83 are covered services under the applicable contract. 84 (b) As used in this subsection, the term “covered services” 85 means services reimbursable under the applicable contract at not 86 less than 50 percent of the usual, customary, and reasonable fee 87 of similar providers in the zip code area where the services are 88 provided, subject to such contractual limitations on benefits, 89 such as deductibles, coinsurance, and copayments, as may apply. 90 However, covered services do not include dental services that 91 are provided by a dentist to an insured for dental services that 92 are not listed as a benefit that the insured is entitled to 93 receive under the contract. 94 (c) A prepaid limited health service organization may not 95 require as a condition of the contract that the dentist 96 participate in a discount medical plan under part II of this 97 chapter. 98 Section 3. Subsection (11) is added to section 641.315, 99 Florida Statutes, to read: 100 641.315 Provider contracts.— 101 (11)(a) A contract between a health maintenance 102 organization and a dentist licensed under chapter 466 for the 103 provision of services to subscribers of the health maintenance 104 organization may not contain any provision that requires the 105 dentist to provide services to subscribers of the health 106 maintenance organization at a fee set by the health maintenance 107 organization unless such services are covered services under the 108 applicable contract. 109 (b) As used in this subsection, the term “covered services” 110 means services reimbursable under the applicable contract at not 111 less than 50 percent of the usual, customary, and reasonable fee 112 of similar providers in the zip code area where the services are 113 provided, subject to such contractual limitations on benefits, 114 such as deductibles, coinsurance, and copayments, as may apply. 115 However, covered services do not include dental services that 116 are provided by a dentist to an insured for dental services that 117 are not listed as a benefit that the insured is entitled to 118 receive under the contract. 119 (c) A health maintenance organization may not require as a 120 condition of the contract that the dentist participate in a 121 discount medical plan under part II of chapter 636. 122 Section 4. This act shall take effect July 1, 2011, and 123 applies to contracts entered into or renewed on or after that 124 date.