Senate Bill sb0836c1

    Florida Senate - 2001                            CS for SB 836

    By the Committee on Banking and Insurance; and Senators Crist,
    Peaden, Wasserman Schultz, Dawson, Campbell, Saunders and
    Geller



    311-1502A-01

  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 contracted health care providers

  6         to accept the terms of other health care

  7         contracts as a condition of continuation or

  8         renewal; amending s. 627.662, F.S.; applying

  9         such prohibition to group health insurance,

10         blanket health insurance, and franchise health

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

12         such prohibition to health maintenance

13         organizations; providing an effective date.

14

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

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17         Section 1.  Section 627.6474, Florida Statutes, is

18  created to read:

19         627.6474  Provider contracts.--A health insurer shall

20  not require a contracted health care provider licensed under

21  chapter 458, 459, 460, 461, or 466 to accept the terms of

22  other health care provider contracts as a condition of

23  continuation or renewal. Any contract provision that violates

24  this section is void. A violation of this section is not

25  subject to the criminal penalty specified in s. 624.15.

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

27  627.662, Florida Statutes, to read:

28         627.662  Other provisions applicable.--The following

29  provisions apply to group health insurance, blanket health

30  insurance, and franchise health insurance:

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

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






    Florida Senate - 2001                            CS for SB 836
    311-1502A-01




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

  2  641.315, Florida Statutes, to read:

  3         641.315  Provider contracts.--

  4         (10)  A health maintenance organization shall not

  5  require a contracted health care provider licensed under

  6  chapter 458, 459, 460, 461, or 466 to accept the terms of

  7  other health care provider contracts as a condition of

  8  continuation or renewal. Any contract provision that violates

  9  this section is void. A violation of this section is not

10  subject to the criminal penalty specified in s. 624.15.

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

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

13  after that date.

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                              SB 836

17

18  Revises the bill to prohibit a health insurer or a health
    maintenance organization (HMO) from requiring a health care
19  provider, who is currently under contract with the subject
    insurer or HMO, to accept the terms of other health care
20  provider contracts as a condition of continuing or renewing
    the initial contract.
21
    Removes criminal penalties and provisions making it an unfair
22  or deceptive trade practice if insurers and HMOs coerce or
    retaliate against health care providers under certain
23  conditions.

24  Applies only to provider contracts with physicians,
    osteopaths, chiropractors, podiatrists, and dentists.
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CODING: Words stricken are deletions; words underlined are additions.