Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 546 Barcode 344120 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/28/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.6474, Florida Statutes, is amended 6 to read: 7 627.6474 Provider contracts.— 8 (1) A health insurer mayshallnot require a contracted 9 health care practitioner as defined in s. 456.001(4) to accept 10 the terms of other health care practitioner contracts with the 11 insurer or any other insurer, or health maintenance 12 organization, under common management and control with the 13 insurer, including Medicare and Medicaid practitioner contracts 14 and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or 15 s. 641.315, except for a practitioner in a group practice as 16 defined in s. 456.053 who must accept the terms of a contract 17 negotiated for the practitioner by the group, as a condition of 18 continuation or renewal of the contract. Any contract provision 19 that violates this section is void. A violation of this 20 subsectionsectionis not subject to the criminal penalty 21 specified in s. 624.15. 22 (2)(a) A contract between a health insurer and a dentist 23 licensed under chapter 466 for the provision of services to 24 patients may not contain any provision that requires the dentist 25 to provide services to the insured under such contract at a fee 26 set by the health insurer unless such services are covered 27 services under the applicable contract. 28 (b) As used in this subsection, the term “covered services” 29 means services reimbursable under the applicable contract at not 30 less than 50 percent of the usual, customary, and reasonable fee 31 of similar providers in the zip code area where the services are 32 provided, subject to such contractual limitations on benefits, 33 such as deductibles, coinsurance, and copayments, as may apply. 34 However, covered services do not include dental services that 35 are provided by a dentist to an insured for dental services that 36 are not listed as a benefit that the insured is entitled to 37 receive under the contract. 38 (c) A contract may not contain a provision that prohibits a 39 dentist from billing a patient the difference between the amount 40 reimbursed by the insurer and the dentist’s normal rate for the 41 services if such services are not covered services as defined in 42 paragraph (b). A health insurer may not require as a condition 43 of the contract that the dentist participate in a discount 44 medical plan under part II of chapter 636. 45 Section 2. Subsection (13) is added to section 636.035, 46 Florida Statutes, to read: 47 636.035 Provider arrangements.— 48 (13)(a) A contract between a prepaid limited health service 49 organization and a dentist licensed under chapter 466 for the 50 provision of services to subscribers of the prepaid limited 51 health service organization may not contain any provision that 52 requires the dentist to provide services to subscribers of the 53 prepaid limited health service organization at a fee set by the 54 prepaid limited health service organization unless such services 55 are covered services under the applicable contract. 56 (b) As used in this subsection, the term “covered services” 57 means services reimbursable under the applicable contract at not 58 less than 50 percent of the usual, customary, and reasonable fee 59 of similar providers in the zip code area where the services are 60 provided, subject to such contractual limitations on benefits, 61 such as deductibles, coinsurance, and copayments, as may apply. 62 However, covered services do not include dental services that 63 are provided by a dentist to an insured for dental services that 64 are not listed as a benefit that the insured is entitled to 65 receive under the contract. 66 (c) A prepaid limited health service organization may not 67 require as a condition of the contract that the dentist 68 participate in a discount medical plan under part II of this 69 chapter. 70 Section 3. Subsection (11) is added to section 641.315, 71 Florida Statutes, to read: 72 641.315 Provider contracts.— 73 (11)(a) A contract between a health maintenance 74 organization and a dentist licensed under chapter 466 for the 75 provision of services to subscribers of the health maintenance 76 organization may not contain any provision that requires the 77 dentist to provide services to subscribers of the health 78 maintenance organization at a fee set by the health maintenance 79 organization unless such services are covered services under the 80 applicable contract. 81 (b) As used in this subsection, the term “covered services” 82 means services reimbursable under the applicable contract at not 83 less than 50 percent of the usual, customary, and reasonable fee 84 of similar providers in the zip code area where the services are 85 provided, subject to such contractual limitations on benefits, 86 such as deductibles, coinsurance, and copayments, as may apply. 87 However, covered services do not include dental services that 88 are provided by a dentist to an insured for dental services that 89 are not listed as a benefit that the insured is entitled to 90 receive under the contract. 91 (c) A health maintenance organization may not require as a 92 condition of the contract that the dentist participate in a 93 discount medical plan under part II of chapter 636. 94 Section 4. This act shall take effect July 1, 2011, and 95 applies to contracts entered into or renewed on or after that 96 date. 97 98 ================= T I T L E A M E N D M E N T ================ 99 And the title is amended as follows: 100 Delete everything before the enacting clause 101 and insert: 102 A bill to be entitled 103 An act relating to dentists; amending s. 627.6474, 104 F.S.; prohibiting contracts between health insurers 105 and dentists from containing certain fee requirements 106 set by the insurer under certain circumstances; 107 providing a definition; prohibiting a contract from 108 containing a provision that prohibits a dentist from 109 billing a patient the difference between the amount 110 reimbursed by the insurer and the dentist’s normal 111 rate for services under certain circumstances; 112 prohibiting a health insurer from requiring as a 113 condition of a contract that a dentist participate in 114 a discount medical plan; amending s. 636.035, F.S.; 115 prohibiting contracts between prepaid limited health 116 service organizations and dentists from containing 117 certain fee requirements set by the organization under 118 certain circumstances; providing a definition; 119 prohibiting the prepaid limited health service 120 organization from requiring as a condition of a 121 contract that a dentist participate in a discount 122 medical plan; amending s. 641.315, F.S.; prohibiting 123 contracts between health maintenance organizations and 124 dentists from containing certain fee requirements set 125 by the organization under certain circumstances; 126 providing a definition; prohibiting the health 127 maintenance organization from requiring as a condition 128 of a contract that a dentist participate in a discount 129 medical plan; providing for application of the act; 130 providing an effective date.