Senate Bill sb0836er

    ENROLLED

    2001 Legislature                  CS for SB 836, 2nd Engrossed



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  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 this

10         prohibition to group health insurance, blanket

11         health insurance, and franchise health

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

13         this prohibition to health maintenance

14         organizations; providing an effective date.

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

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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(4) 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

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




    ENROLLED

    2001 Legislature                  CS for SB 836, 2nd Engrossed



  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(4) to accept the terms of other health care

15  practitioner contracts with the health maintenance

16  organization or any insurer, or other health maintenance

17  organization, under common management and control with the

18  health maintenance organization, including Medicare and

19  Medicaid practitioner contracts and those authorized by s.

20  627.6471, s. 627.6472, or s. 641.315, except for a

21  practitioner in a group practice as defined in s. 456.053 who

22  must accept the terms of a contract negotiated for the

23  practitioner by the group, as a condition of continuation or

24  renewal of the contract. Any contract provision that violates

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

26  subject to the criminal penalty specified 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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CODING: Words stricken are deletions; words underlined are additions.