Florida Senate - 2014                               CS for SB 86
       
       
        
       By the Committee on Appropriations; and Senator Latvala
       
       
       
       
       
       576-01667-14                                            201486c1
    1                        A bill to be entitled                      
    2         An act relating to dentists; amending s. 627.6474,
    3         F.S.; prohibiting a contract between a health insurer
    4         and a dentist from requiring the dentist to provide
    5         services at a fee set by the insurer under certain
    6         circumstances; defining the term “covered services” as
    7         it relates to contracts between a health insurer and a
    8         dentist; prohibiting a health insurer from requiring
    9         as a condition of a contract that a dentist
   10         participate in a discount medical plan; amending s.
   11         636.035, F.S.; prohibiting a contract between a
   12         prepaid limited health service organization and a
   13         dentist from requiring the dentist to provide services
   14         at a fee set by the organization under certain
   15         circumstances; defining the term “covered services” as
   16         it relates to contracts between a prepaid limited
   17         health service organization and a dentist; prohibiting
   18         the prepaid limited health service organization from
   19         requiring as a condition of a contract that a dentist
   20         participate in a discount medical plan; amending s.
   21         641.315, F.S.; prohibiting a contract between a health
   22         maintenance organization and a dentist from requiring
   23         the dentist to provide services at a fee set by the
   24         organization under certain circumstances; defining the
   25         term “covered services” as it relates to contracts
   26         between a health maintenance organization and a
   27         dentist; prohibiting the health maintenance
   28         organization from requiring as a condition of a
   29         contract that a dentist participate in a discount
   30         medical plan; providing for application of the act;
   31         providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 627.6474, Florida Statutes, is amended
   36  to read:
   37         627.6474 Provider contracts.—
   38         (1) A health insurer may shall not require a contracted
   39  health care practitioner as defined in s. 456.001(4) to accept
   40  the terms of other health care practitioner contracts with the
   41  insurer or any other insurer, or health maintenance
   42  organization, under common management and control with the
   43  insurer, including Medicare and Medicaid practitioner contracts
   44  and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or
   45  s. 641.315, except for a practitioner in a group practice as
   46  defined in s. 456.053 who must accept the terms of a contract
   47  negotiated for the practitioner by the group, as a condition of
   48  continuation or renewal of the contract. Any contract provision
   49  that violates this section is void. A violation of this
   50  subsection section is not subject to the criminal penalty
   51  specified in s. 624.15.
   52         (2)(a) A contract between a health insurer and a dentist
   53  licensed under chapter 466 for the provision of services to an
   54  insured may not contain a provision that requires the dentist to
   55  provide services to the insured under such contract at a fee set
   56  by the health insurer unless such services are covered services
   57  under the applicable contract. As used in this paragraph, the
   58  term “covered services” means dental care services for which a
   59  reimbursement is available under the insured’s contract, or for
   60  which a reimbursement would be available but for the application
   61  of contractual limitations such as deductibles, coinsurance,
   62  waiting periods, annual or lifetime maximums, frequency
   63  limitations, alternative benefit payments, or any other
   64  limitation.
   65         (b) A health insurer may not require as a condition of the
   66  contract that the dentist participate in a discount medical plan
   67  under part II of chapter 636.
   68         Section 2. Subsection (13) is added to section 636.035,
   69  Florida Statutes, to read:
   70         636.035 Provider arrangements.—
   71         (13)(a) A contract between a prepaid limited health service
   72  organization and a dentist licensed under chapter 466 for the
   73  provision of services to a subscriber of the prepaid limited
   74  health service organization may not contain a provision that
   75  requires the dentist to provide services to the subscriber of
   76  the prepaid limited health service organization at a fee set by
   77  the prepaid limited health service organization unless such
   78  services are covered services under the applicable contract. As
   79  used in this paragraph, the term “covered services” means dental
   80  care services for which a reimbursement is available under the
   81  subscriber’s contract, or for which a reimbursement would be
   82  available but for the application of contractual limitations
   83  such as deductibles, coinsurance, waiting periods, annual or
   84  lifetime maximums, frequency limitations, alternative benefit
   85  payments, or any other limitation.
   86         (b) A prepaid limited health service organization may not
   87  require as a condition of the contract that the dentist
   88  participate in a discount medical plan under part II of this
   89  chapter.
   90         Section 3. Subsection (11) is added to section 641.315,
   91  Florida Statutes, to read:
   92         641.315 Provider contracts.—
   93         (11)(a) A contract between a health maintenance
   94  organization and a dentist licensed under chapter 466 for the
   95  provision of services to a subscriber of the health maintenance
   96  organization may not contain a provision that requires the
   97  dentist to provide services to the subscriber of the health
   98  maintenance organization at a fee set by the health maintenance
   99  organization unless such services are covered services under the
  100  applicable contract. As used in this paragraph, the term
  101  “covered services” means dental care services for which a
  102  reimbursement is available under the subscriber’s contract, or
  103  for which a reimbursement would be available but for the
  104  application of contractual limitations such as deductibles,
  105  coinsurance, waiting periods, annual or lifetime maximums,
  106  frequency limitations, alternative benefit payments, or any
  107  other limitation.
  108         (b) A health maintenance organization may not require as a
  109  condition of the contract that the dentist participate in a
  110  discount medical plan under part II of chapter 636.
  111         Section 4. This act applies to contracts entered into or
  112  renewed on or after July 1, 2014.
  113         Section 5. This act shall take effect July 1, 2014.