Florida Senate - 2015 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 165, 1st Eng. Ì835268HÎ835268 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 04/22/2015 02:35 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Latvala moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 447 4 and insert: 5 Section 10. Effective January 1, 2016, subsection (3) is 6 added to section 627.6474, Florida Statutes, to read: 7 627.6474 Provider contracts.— 8 (3)(a) A health insurer may not require an ophthalmologist 9 licensed pursuant to chapter 458 or chapter 459 or an 10 optometrist licensed pursuant to chapter 463 to join a network 11 solely for the purpose of credentialing the licensee for another 12 insurer’s vision network. This paragraph does not prevent a 13 health insurer from entering into a contract with another 14 insurer’s vision care plan to use the vision network. 15 (b) A health insurer may not restrict or limit an 16 ophthalmologist licensed pursuant to chapter 458 or chapter 459, 17 an optometrist licensed pursuant to chapter 463, or an optician 18 licensed pursuant to part I of chapter 484 to specific suppliers 19 of materials or optical laboratories. This paragraph does not 20 restrict or limit a health insurer in determining specific 21 amounts of coverage or reimbursement for the use of network or 22 out-of-network suppliers or laboratories. 23 (c) A health insurer’s online vision care network provider 24 directory must be updated monthly to reflect the vision care 25 providers currently participating in the health insurer’s 26 network. 27 (d) A knowing violation of paragraph (a) or paragraph (b) 28 constitutes an unfair insurance trade practice under s. 29 626.9541(1)(d). 30 Section 11. Effective January 1, 2016, subsection (14) is 31 added to section 636.035, Florida Statutes, to read: 32 636.035 Provider arrangements.— 33 (14)(a) A prepaid limited health service organization may 34 not require an ophthalmologist licensed pursuant to chapter 458 35 or chapter 459 or an optometrist licensed pursuant to chapter 36 463 to join a network solely for the purpose of credentialing 37 the licensee for another organization’s vision network. This 38 paragraph does not prevent such organization from entering into 39 a contract with another organization’s vision care plan to use 40 the vision network. 41 (b) A prepaid limited health service organization may not 42 restrict or limit an ophthalmologist licensed pursuant to 43 chapter 458 or chapter 459, an optometrist licensed pursuant to 44 chapter 463, or an optician licensed pursuant to part I of 45 chapter 484 to specific suppliers of materials or optical 46 laboratories. This paragraph does not restrict or limit such 47 organization in determining specific amounts of coverage or 48 reimbursement for the use of network or out-of-network suppliers 49 or laboratories. 50 (c) A prepaid limited health service organization’s online 51 vision care network provider directory must be updated monthly 52 to reflect the vision care providers currently participating in 53 the organization’s network. 54 (d) A knowing violation of paragraph (a) or paragraph (b) 55 constitutes an unfair insurance trade practice under s. 56 626.9541(1)(d). 57 Section 12. Effective January 1, 2016, subsection (12) is 58 added to section 641.315, Florida Statutes, to read: 59 641.315 Provider contracts.— 60 (12)(a) A health maintenance organization may not require 61 an ophthalmologist licensed pursuant to chapter 458 or chapter 62 459 or an optometrist licensed pursuant to chapter 463 to join a 63 network solely for the purpose of credentialing the licensee for 64 another organization’s vision network. This paragraph does not 65 prevent such organization from entering into a contract with 66 another organization’s vision care plan to use the vision 67 network. 68 (b) A health maintenance organization may not restrict or 69 limit an ophthalmologist licensed pursuant to chapter 458 or 70 chapter 459, an optometrist licensed pursuant to chapter 463, or 71 an optician licensed pursuant to part I of chapter 484 to 72 specific suppliers of materials or optical laboratories. This 73 paragraph does not restrict or limit such organization in 74 determining specific amounts of coverage or reimbursement for 75 the use of network or out-of-network suppliers or laboratories. 76 (c) A health maintenance organization’s online vision care 77 network provider directory must be updated monthly to reflect 78 the vision care providers currently participating in the 79 organization’s network. 80 (d) A knowing violation of paragraph (a) or paragraph (b) 81 constitutes an unfair insurance trade practice under s. 82 626.9541(1)(d). 83 Section 13. Except as otherwise expressly provided in this 84 act, this act shall take effect July 1, 2015. 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete lines 2 - 48 89 and insert: 90 An act relating to insurance; amending s. 627.062, 91 F.S.; restricting to certain property rate filings a 92 requirement that the chief executive officer or chief 93 financial officer and chief actuary of a property 94 insurer certify the information contained in a rate 95 filing; amending s. 627.0628, F.S.; requiring an 96 insurer to employ in certain rate filings actuarial 97 methods, principles, standards, models, or output 98 ranges found by the Florida Commission on Hurricane 99 Loss Projection Methodology to be accurate or reliable 100 in determining probable maximum loss levels; 101 authorizing an insurer to employ a model in a rate 102 filing until 120 days after the expiration of the 103 commission’s acceptance of that model; prohibiting 104 insurers from modifying or adjusting the model after 105 the commission finds the model to be accurate or 106 reliable in determining probable maximum loss levels; 107 amending s. 627.0645, F.S.; exempting commercial 108 nonresidential multiperil insurance from annual base 109 rate filing; amending s. 627.3518, F.S.; conforming a 110 cross-reference; amending s. 627.4133, F.S.; 111 increasing the amount of prior notice required with 112 respect to the nonrenewal, cancellation, or 113 termination of certain insurance policies; deleting 114 certain provisions that require extended periods of 115 prior notice with respect to the nonrenewal, 116 cancellation, or termination of certain insurance 117 policies; prohibiting the cancellation of certain 118 policies that have been in effect for a specified 119 amount of time except under certain circumstances; 120 amending s. 627.7074, F.S.; revising notification 121 requirements for participation in the neutral 122 evaluation program; amending s. 627.736, F.S.; 123 revising the period for applicability of certain 124 Medicare fee schedules or payment limitations; 125 exempting certain federally certified entities from 126 the requirement to be licensed in order to receive 127 reimbursement under the Florida Motor Vehicle No-Fault 128 Law; amending s. 627.744, F.S.; revising preinsurance 129 inspection requirements for private passenger motor 130 vehicles; amending s. 631.65, F.S.; authorizing, 131 rather than prohibiting, an advertisement or a 132 solicitation to use the existence of the Florida 133 Insurance Guaranty Association to sell, solicit, or 134 induce the purchase of certain insurance if the 135 advertisement or solicitation explains specified 136 coverage limits; amending ss. 627.6474, 636.035, and 137 641.315, F.S.; providing that a health insurer, a 138 prepaid limited health service organization, and a 139 health maintenance organization, respectively, may not 140 require a licensed ophthalmologist or optometrist to 141 join a network solely for the purpose of credentialing 142 the licensee for another vision network; providing 143 that such insurers and organizations are not prevented 144 by the act from entering into a contract with another 145 vision care plan; providing that such insurers and 146 organizations may not restrict or limit a licensed 147 ophthalmologist, optometrist, or optician to specific 148 suppliers of materials or optical laboratories; 149 providing that such insurers and organizations are not 150 restricted or limited by the act in determining 151 certain amounts of coverage or reimbursement; 152 requiring such insurers’ and organizations’ online 153 vision care network provider directories to be updated 154 monthly; providing that a violation of certain 155 prohibitions in the act constitutes a specified unfair 156 insurance trade practice; providing effective dates.