CODING: Words stricken are deletions; words underlined are additions.
House Bill 1399




    Florida House of Representatives - 1997                HB 1399

        By Representative Silver






  1                      A bill to be entitled

  2         An act relating to health maintenance

  3         organizations; amending s. 641.315, F.S.;

  4         prohibiting certain provisions in contracts

  5         with health care providers; providing a

  6         penalty; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (8) is added to section 641.315,

11  Florida Statutes, to read:

12         641.315  Provider contracts.--

13         (8)(a)  A contract between a health maintenance

14  organization and a provider may not contain any provision that

15  restricts the provider's ability to communicate information to

16  the provider's patient regarding medical care or treatment

17  options that the provider believes is in the patient's best

18  interest to know nor may an organization attempt to restrict

19  by any means, including adverse action, a provider's ability

20  to communicate such information.

21         (b)  A health maintenance organization that violates

22  this subsection is subject to a civil penalty not to exceed

23  $25,000 for each violation.

24         Section 2.  This act shall take effect July 1, 1997.

25

26            *****************************************

27                          SENATE SUMMARY

28    Prohibits contracts between health maintenance
      organizations and health care providers that restrict the
29    providers' ability to communicate certain treatment
      options to their patients. Prohibits attempts by any
30    means to prohibit such communication. Provides a civil
      penalty of $25,000 for each violation.
31

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