House Bill hb0809c2

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001           CS/CS/HB 809

        By the Council for Competitive Commerce and Committee on
    Insurance and Representatives Murman, Waters, Benson, Harrell,
    Ritter, Sobel, Slosberg, Farkas, Simmons, Negron, Romeo,
    Prieguez, Melvin, Kallinger, Ross, Clarke, Bucher, Cusack,
    Littlefield, Joyner, Diaz de la Portilla and Brown


  1                      A bill to be entitled

  2         An act relating to health insurers and health

  3         maintenance organizations; creating s.

  4         627.6474, F.S.; prohibiting health insurers

  5         from requiring certain contracted health care

  6         practitioners to accept the terms of other

  7         health care contracts as a condition of

  8         continuation or renewal; providing exceptions;

  9         amending s. 627.662, F.S.; applying such

10         prohibition to group health insurance, blanket

11         health insurance, and franchise health

12         insurance; amending s. 641.315, F.S.; applying

13         such prohibition to health maintenance

14         organizations; providing an effective date.

15

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

17

18         Section 1.  Section 627.6474, Florida Statutes, is

19  created to read:

20         627.6474  Provider contracts.--A health insurer shall

21  not require a contracted health care practitioner as defined

22  in s. 456.001 to accept the terms of other health care

23  practitioner contracts with the insurer, or any other insurer

24  or health maintenance organization under common management and

25  control with the insurer, including Medicare and Medicaid

26  practitioner contracts and those authorized by s. 627.6471, s.

27  627.6472, or s. 641.315, except for a practitioner in a group

28  practice as defined in s. 456.053 who must accept the terms of

29  a contract negotiated for the practitioner by the group as a

30  condition of continuation or renewal of the contract. Any

31  contract provision that violates this section is void. A

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    Florida House of Representatives - 2001           CS/CS/HB 809

    402-115-01






  1  violation of this section is not subject to the criminal

  2  penalty specified in s. 624.15.

  3         Section 2.  Subsection (11) is added to section

  4  627.662, Florida Statutes, to read:

  5         627.662  Other provisions applicable.--The following

  6  provisions apply to group health insurance, blanket health

  7  insurance, and franchise health insurance:

  8         (11)  Section 627.6474, relating to provider contracts.

  9         Section 3.  Subsection (10) is added to section

10  641.315, Florida Statutes, to read:

11         641.315  Provider contracts.--

12         (10)  A health maintenance organization shall not

13  require a contracted health care practitioner as defined in s.

14  456.001 to accept the terms of other health care practitioner

15  contracts with the health maintenance organization, or any

16  insurer or other health maintenance organization under common

17  management and control with the health maintenance

18  organization, including Medicare and Medicaid practitioner

19  contracts and those authorized by s. 627.6471, s. 627.6472, or

20  s. 641.315, except for a practitioner in a group practice as

21  defined in s. 456.053 who must accept the terms of a contract

22  negotiated for the practitioner by the group, as a condition

23  of continuation or renewal of the contract. Any contract

24  provision that violates this section is void. A violation of

25  this section is not subject to the criminal penalty specified

26  in s. 624.15.

27         Section 4.  This act shall take effect July 1, 2001,

28  and shall apply to contracts entered into or renewed on or

29  after that date.

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