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 mayshallnot 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 subsectionsectionis 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.