| 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. |