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 may shall not 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  subsection section is 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.