1 | A bill to be entitled |
2 | An act relating to access to health care; creating s. |
3 | 381.00521, F.S.; establishing the Florida Dental Health |
4 | Access Task Force for certain purposes; specifying |
5 | membership of the task force; providing for appointments |
6 | and meetings; providing for filling of vacancies; |
7 | requiring the task force to develop recommendations and |
8 | report to the Legislature; providing for termination; |
9 | amending s. 624.91, F.S.; expanding the membership of the |
10 | board of directors of the Florida Healthy Kids |
11 | Corporation; amending s. 636.035, F.S.; specifying certain |
12 | provider arrangement contract prohibitions or |
13 | restrictions; prohibiting prepaid limited health service |
14 | organizations from specifying certain contract |
15 | continuation or renewal conditions; providing for voiding |
16 | of certain contracts; specifying absence of liability for |
17 | certain criminal penalties; amending s. 641.315, F.S.; |
18 | providing for application to health maintenance |
19 | organizations of the prohibition against specifying |
20 | certain contract continuation or renewal conditions; |
21 | amending s. 766.1116, F.S.; revising time requirements for |
22 | a health care practitioner's waiver of license renewal |
23 | fees and continuing education requirements; providing an |
24 | effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Section 381.00521, Florida Statutes, is created |
29 | to read: |
30 | 381.00521 Florida Dental Health Access Task Force.-- |
31 | (1) The Florida Dental Health Access Task Force is |
32 | established for the purpose of developing findings and issuing |
33 | recommendations relating to and including, but not limited to, |
34 | Medicaid dental reimbursement fees; alternative methods |
35 | successfully implemented in other states that maximize dental |
36 | funding in Medicaid, including, but not limited to, dental |
37 | carve-outs; addressing the administrative process for dentists |
38 | to become Medicaid dental providers; literature provided by the |
39 | Agency for Health Care Administration summarizing the process of |
40 | what to expect once a dentist becomes a Medicaid provider, |
41 | including, but not limited to, how to process claims; |
42 | establishment of providing temporary assistance to a dental |
43 | office in cases in which the Medicaid dental provider dies |
44 | unexpectedly; and a detailed process for addressing patient |
45 | behavior and individual responsibility of Medicaid patients in |
46 | dental offices. |
47 | (2) The membership of the task force shall consist of: |
48 | (a) A member of the House of Representatives, appointed by |
49 | the Speaker of the House of Representatives as an ex officio, |
50 | nonvoting member of the task force. |
51 | (b) A member of the Senate, appointed by the President of |
52 | the Senate as an ex officio, nonvoting member of the task force. |
53 | (c) A member appointed by the Florida Dental Association. |
54 | (d) A member appointed by the Florida Academy of Pediatric |
55 | Dentistry. |
56 | (e) A member appointed by the Florida Society of Oral and |
57 | Maxillofacial Surgeons. |
58 | (f) A member appointed by the Florida Society of |
59 | Orthodontists. |
60 | (g) A member appointed by the Florida Society of |
61 | Periodontists. |
62 | (h) A member appointed by the Florida Dental Hygiene |
63 | Association. |
64 | (i) A member appointed by the Florida Public Health |
65 | Association. |
66 | (j) The state's Medicaid director or the director's |
67 | designee. |
68 | (3) Each member shall serve at the pleasure of the |
69 | organization that appointed the member. A vacancy on the task |
70 | force shall be filled in the same manner as the original |
71 | appointment. |
72 | (4) All members of the task force must be appointed on or |
73 | before August 31, 2009, and the task force shall hold its first |
74 | meeting on or before September 15, 2009. |
75 | (5) The task force shall develop recommendations and |
76 | submit its findings to the President of the Senate and the |
77 | Speaker of the House of Representatives by February 1, 2011. |
78 | (6) The task force is terminated February 1, 2011. |
79 | Section 2. Paragraph (a) of subsection (6) of section |
80 | 624.91, Florida Statutes, is amended to read: |
81 | 624.91 The Florida Healthy Kids Corporation Act.-- |
82 | (6) BOARD OF DIRECTORS.-- |
83 | (a) The Florida Healthy Kids Corporation shall operate |
84 | subject to the supervision and approval of a board of directors |
85 | chaired by the Chief Financial Officer or her or his designee, |
86 | and composed of 11 10 other members selected for 3-year terms of |
87 | office as follows: |
88 | 1. The Secretary of Health Care Administration, or his or |
89 | her designee.; |
90 | 2. One member appointed by the Commissioner of Education |
91 | from the Office of School Health Programs of the Florida |
92 | Department of Education.; |
93 | 3. One member appointed by the Chief Financial Officer |
94 | from among three members nominated by the Florida Pediatric |
95 | Society.; |
96 | 4. One member, appointed by the Governor, who represents |
97 | the Children's Medical Services Program.; |
98 | 5. One member appointed by the Chief Financial Officer |
99 | from among three members nominated by the Florida Hospital |
100 | Association.; |
101 | 6. One member, appointed by the Governor, who is an expert |
102 | on child health policy.; |
103 | 7. One member, appointed by the Chief Financial Officer, |
104 | from among three members nominated by the Florida Academy of |
105 | Family Physicians.; |
106 | 8. One member, appointed by the Governor, who represents |
107 | the state Medicaid program.; |
108 | 9. One member, appointed by the Chief Financial Officer, |
109 | from among three members nominated by the Florida Association of |
110 | Counties.; and |
111 | 10. The State Health Officer or her or his designee. |
112 | 11. One member, appointed by the Governor, from among |
113 | three members nominated by the Florida Dental Association. |
114 | Section 3. Subsections (11) and (12) are added to section |
115 | 636.035, Florida Statutes, to read: |
116 | 636.035 Provider arrangements.-- |
117 | (11) A contract between a prepaid limited health service |
118 | organization and a provider of limited health services may not |
119 | contain any provision that in any way prohibits or restricts the |
120 | limited health service provider from entering into or renewing a |
121 | contract with any other prepaid limited health service |
122 | organization. This subsection applies to all contracts entered |
123 | into or renewed on or after October 1, 2009. |
124 | (12) A prepaid limited health service organization may not |
125 | require, as a condition of continuation or renewal of a |
126 | contract, a contracted limited health service provider to accept |
127 | the terms of other health care practitioner contracts with the |
128 | prepaid limited health service organization or any insurer or |
129 | other limited health service organization under common |
130 | management and control with the prepaid limited health service |
131 | organization, including, but not limited to, Medicare and |
132 | Medicaid practitioner contracts and those authorized by s. |
133 | 627.6471, s. 627.6472, s. 641.315, or this section, except for a |
134 | practitioner in a group practice as defined in s. 456.053 who |
135 | must accept the terms of a contract negotiated for the |
136 | practitioner by the group. Any contract provision that violates |
137 | this subsection is void. A violation of this subsection is not |
138 | subject to the criminal penalty specified in s. 624.15. |
139 | Section 4. Subsection (10) of section 641.315, Florida |
140 | Statutes, is amended to read: |
141 | 641.315 Provider contracts.-- |
142 | (10) A health maintenance organization shall not require a |
143 | contracted health care practitioner as defined in s. 456.001(4) |
144 | to accept the terms of other health care practitioner contracts |
145 | with the health maintenance organization or any insurer, or |
146 | other health maintenance organization, under common management |
147 | and control with the health maintenance organization, including |
148 | Medicare and Medicaid practitioner contracts and those |
149 | authorized by s. 627.6471, s. 627.6472, s. 636.035, or this |
150 | section s. 641.315, except for a practitioner in a group |
151 | practice as defined in s. 456.053 who must accept the terms of a |
152 | contract negotiated for the practitioner by the group, as a |
153 | condition of continuation or renewal of the contract. Any |
154 | contract provision that violates this section is void. A |
155 | violation of this section is not subject to the criminal penalty |
156 | specified in s. 624.15. |
157 | Section 5. Subsection (2) of section 766.1116, Florida |
158 | Statutes, is amended to read: |
159 | 766.1116 Health care practitioner; waiver of license |
160 | renewal fees and continuing education requirements.-- |
161 | (2) Notwithstanding any provision of chapter 458, chapter |
162 | 459, chapter 460, chapter 461, part I of chapter 464, chapter |
163 | 466, or chapter 467 to the contrary, any health care |
164 | practitioner who participates as a health care provider under s. |
165 | 766.1115 and thereby agrees with a governmental contractor to |
166 | provide his or her services without compensation and as an agent |
167 | of the governmental contractor to low-income recipients in |
168 | accordance with s. 766.1115 for at least 160 80 hours a year for |
169 | each year during the biennial licensure period, or, if the |
170 | health care practitioner is retired, for at least 800 400 hours |
171 | a year for each year during the licensure period, upon providing |
172 | sufficient proof from the applicable governmental contractor |
173 | that the health care practitioner has completed the hours at the |
174 | time of license renewal under procedures specified by the |
175 | Department of Health, shall be eligible for: |
176 | (a) Waiver of the biennial license renewal fee for an |
177 | active license; and |
178 | (b) Fulfillment of a maximum of 25 percent of the |
179 | continuing education hours required for license renewal under s. |
180 | 456.013(9). |
181 | Section 6. This act shall take effect July 1, 2009. |