Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1972
       
       
       
       
       
       
                                Barcode 945148                          
       
                              LEGISLATIVE ACTION                        
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 6018 and 6019
    4  insert:
    5         Section 81. Section 627.6474, Florida Statutes, is amended
    6  to read:
    7         627.6474 Provider contracts.—
    8         (1) A health insurer may shall not require a contracted
    9  health care practitioner as defined in s. 456.001(4) to accept
   10  the terms of other health care practitioner contracts with the
   11  insurer or any other insurer, or health maintenance
   12  organization, under common management and control with the
   13  insurer, including Medicare and Medicaid practitioner contracts
   14  and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or
   15  s. 641.315, except for a practitioner in a group practice as
   16  defined in s. 456.053 who must accept the terms of a contract
   17  negotiated for the practitioner by the group, as a condition of
   18  continuation or renewal of the contract. Any contract provision
   19  that violates this section is void. A violation of this
   20  subsection section is not subject to the criminal penalty
   21  specified in s. 624.15.
   22         (2)(a)A contract between a health insurer and a dentist
   23  licensed under chapter 466 for the provision of services to
   24  patients may not contain any provision that requires the dentist
   25  to provide services to the insured under such contract at a fee
   26  set by the health insurer unless such services are covered
   27  services under the applicable contract.
   28         (b) A contract may not contain a provision that prohibits a
   29  dentist from billing a patient the difference between the amount
   30  reimbursed by the insurer and the dentist’s normal rate for the
   31  services if such services are not covered services. A health
   32  insurer may not require as a condition of the contract that the
   33  dentist participate in a discount medical plan under part II of
   34  chapter 636.
   35         (c) As used in this subsection, the term “covered services”
   36  means services reimbursable under the applicable contract at not
   37  less than 50 percent of the usual, customary, and reasonable fee
   38  of similar providers in the zip code area where the services are
   39  provided, subject to such contractual limitations on benefits,
   40  such as deductibles, coinsurance, and copayments, as may apply.
   41  The term does not include dental services that are provided by a
   42  dentist to an insured which are not listed as a benefit that the
   43  insured is entitled to receive under the contract.
   44         Section 82. Subsection (13) is added to section 636.035,
   45  Florida Statutes, to read:
   46         636.035 Provider arrangements.—
   47         (13)(a)A contract between a prepaid limited health service
   48  organization and a dentist licensed under chapter 466 for the
   49  provision of services to subscribers of the prepaid limited
   50  health service organization may not contain a provision that
   51  requires the dentist to provide services to subscribers of the
   52  prepaid limited health service organization at a fee set by the
   53  prepaid limited health service organization unless such services
   54  are covered services under the applicable contract.
   55         (b) A prepaid limited health service organization may not
   56  require as a condition of the contract that the dentist
   57  participate in a discount medical plan under part II of this
   58  chapter.
   59         (c) As used in this subsection, the term “covered services”
   60  means services reimbursable under the applicable contract at not
   61  less than 50 percent of the usual, customary, and reasonable fee
   62  of similar providers in the zip code area where the services are
   63  provided, subject to such contractual limitations on benefits,
   64  such as deductibles, coinsurance, and copayments, as may apply.
   65  The term does not include dental services that are provided by a
   66  dentist to an insured which are not listed as a benefit that the
   67  insured is entitled to receive under the contract.
   68         Section 83. Subsection (11) is added to section 641.315,
   69  Florida Statutes, to read:
   70         641.315 Provider contracts.—
   71         (11)(a)A contract between a health maintenance
   72  organization and a dentist licensed under chapter 466 for the
   73  provision of services to subscribers of the health maintenance
   74  organization may not contain any provision that requires the
   75  dentist to provide services to subscribers of the health
   76  maintenance organization at a fee set by the health maintenance
   77  organization unless such services are covered services under the
   78  applicable contract.
   79         (b) A health maintenance organization may not require as a
   80  condition of the contract that the dentist participate in a
   81  discount medical plan under part II of chapter 636.
   82         (c) As used in this subsection, the term “covered services”
   83  means services reimbursable under the applicable contract at not
   84  less than 50 percent of the usual, customary, and reasonable fee
   85  of similar providers in the zip code area where the services are
   86  provided, subject to such contractual limitations on benefits,
   87  such as deductibles, coinsurance, and copayments, as may apply.
   88  The term does not include dental services that are provided by a
   89  dentist to an insured which are not listed as a benefit that the
   90  insured is entitled to receive under the contract.
   91         Section 84. Those sections of this act amending ss.
   92  627.6474, 636.035, and 641.315, Florida Statutes, apply to
   93  contracts entered into or renewed on or after July 1, 2011.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96         And the title is amended as follows:
   97         Delete line 409
   98  and insert:
   99         without the insured’s permission; amending ss.
  100         627.6474, 636.035, and 641.315, F.S.; prohibiting
  101         contracts between health insurers, prepaid limited
  102         health service organizations, and health maintenance
  103         organizations and dentists from containing certain fee
  104         requirements set by the insurer or organization under
  105         certain circumstances; prohibiting a health insurer
  106         from requiring as a condition of a contract that a
  107         dentist participate in a discount medical plan;
  108         prohibiting a contract with an insurer from containing
  109         a provision that prohibits a dentist from billing a
  110         patient the difference between the amount reimbursed
  111         by the insurer and the dentist’s normal rate for
  112         services under certain circumstances; defining the
  113         term “covered services”; providing for applicability;
  114         amending s. 641.19,