Senate Bill sb0836

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    Florida Senate - 2001                                   SB 836

    By Senator Crist





    13-391-01

  1                      A bill to be entitled

  2         An act relating to insurance and health care

  3         service organizations; amending ss. 626.9541,

  4         641.3903, F.S.; prohibiting coercion or certain

  5         other actions against a provider who does not

  6         participate in other plans or programs of the

  7         insurer or organization; providing an effective

  8         date.

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

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12         Section 1.  Paragraphs (bb) and (cc) are added to

13  subsection (1) of section 626.9541, Florida Statutes, to read:

14         626.9541  Unfair methods of competition and unfair or

15  deceptive acts or practices defined.--

16         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

17  DECEPTIVE ACTS.--The following are defined as unfair methods

18  of competition and unfair or deceptive acts or practices:

19         (bb)  Coercion by health insurance plans.--Requiring a

20  health care provider, as a condition of participation in a

21  health insurance plan or insurance product of the entity, to

22  participate in any of the entity's or its affiliates' other

23  health insurance plans, insurance products, or health

24  maintenance organization plans that have different terms,

25  conditions, or levels of payment. In addition to any other

26  penalty, a provision of any contract that violates this

27  paragraph is void.

28         (cc)  Adverse action against a provider.--Any

29  retaliatory action by an insurer against a contracted

30  provider, including termination of a contract with the

31  provider on the basis that the provider did not participate in

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    Florida Senate - 2001                                   SB 836
    13-391-01




  1  any of the insurer's other health insurance plans, insurance

  2  products, or health maintenance organization plans that have

  3  different terms, conditions, or levels of payment.

  4         Section 2.  Subsection (14) of section 641.3903,

  5  Florida Statutes, is amended and subsection (15) is added to

  6  that section to read:

  7         641.3903  Unfair methods of competition and unfair or

  8  deceptive acts or practices defined.--The following are

  9  defined as unfair methods of competition and unfair or

10  deceptive acts or practices:

11         (14)  ADVERSE ACTION AGAINST A PROVIDER.--Any

12  retaliatory action by a health maintenance organization

13  against a contracted provider, including, but not limited to,

14  termination of a contract with the provider, on the basis that

15  the provider communicated information to the provider's

16  patient regarding medical care or treatment options for the

17  patient when the provider deems knowledge of such information

18  by the patient to be in the best interest of the patient or on

19  the basis that the provider did not participate in any of the

20  health maintenance organization's or its affiliates' other

21  health insurance plans, insurance products, or health

22  maintenance organization plans that have different terms,

23  conditions, or levels of payment.

24         (15)  COERCION BY HEALTH MAINTENANCE

25  ORGANIZATIONS.--Requiring a health care provider, as a

26  condition of participation in a health maintenance

27  organization, to participate in any of the organization's or

28  its affiliates' other health maintenance organization plans,

29  health insurance plans or insurance products that have

30  different terms, conditions, or levels of payment. In addition

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    Florida Senate - 2001                                   SB 836
    13-391-01




  1  to any other penalty, a provision of any contract that

  2  violates this subsection is void.

  3         Section 3.  This act shall take effect July 1, 2001.

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  6                          SENATE SUMMARY

  7    Prohibits an insurer or health care service organization
      from coercing providers or taking adverse action against
  8    health care providers who do not participate in other
      plans or programs offered by the insurer or organization.
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CODING: Words stricken are deletions; words underlined are additions.