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