Florida Senate - 2015 CS for SB 856
By the Committee on Banking and Insurance; and Senator Latvala
597-02407-15 2015856c1
1 A bill to be entitled
2 An act relating to health provider contracts; amending
3 ss. 627.6474, 636.035, and 641.315, F.S.; providing
4 that a contract between a health insurer, a prepaid
5 limited health service organization, or a health
6 maintenance organization, respectively, or a third
7 party administrator thereof, and a licensed
8 ophthalmologist or optometrist may not require the
9 licensee to provide vision care services as a
10 condition of providing any other service or to
11 purchase certain materials or services from specified
12 entities; providing that a contract between a health
13 insurer, a prepaid limited health service
14 organization, or a health maintenance organization,
15 respectively, or a third-party administrator thereof,
16 and a licensed optician may not require the licensee
17 to purchase certain materials from specified entities;
18 providing that a violation of the act’s prohibitions
19 constitutes a specified unfair insurance trade
20 practice; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (3) is added to section 627.6474,
25 Florida Statutes, to read:
26 627.6474 Provider contracts.—
27 (3)(a) A contract between a health insurer or the insurer’s
28 third-party administrator and:
29 1. An ophthalmologist licensed pursuant to chapter 458 or
30 chapter 459 or an optometrist licensed pursuant to chapter 463
31 may not require such licensee to:
32 a. Provide vision care services as a condition of
33 participating as a provider of any other type of service to an
34 insured; or
35 b. Purchase a material or service used by the licensee from
36 an entity in which the insurer or the insurer’s third-party
37 administrator has a direct or indirect ownership, financial, or
38 controlling interest.
39 2. An optician licensed pursuant to part I of chapter 484
40 may not require such licensee to purchase a material used by the
41 licensee from an entity in which the insurer or the insurer’s
42 third-party administrator has a direct or indirect ownership,
43 financial, or controlling interest.
44 (b) A violation of this subsection constitutes an unfair
45 insurance trade practice under s. 626.9541(1)(d).
46 Section 2. Subsection (14) is added to section 636.035,
47 Florida Statutes, to read:
48 636.035 Provider arrangements.—
49 (14)(a) A contract between a prepaid limited health service
50 organization or the organization’s third party administrator
51 and:
52 1. An ophthalmologist licensed pursuant to chapter 458 or
53 chapter 459 or an optometrist licensed pursuant to chapter 463
54 may not require such licensee to:
55 a. Provide vision care services as a condition of
56 participating as a provider of any other type of service to a
57 subscriber; or
58 b. Purchase a material or service used by the licensee from
59 an entity in which the organization or organization’s third
60 party administrator has a direct or indirect ownership,
61 financial, or controlling interest.
62 2. An optician licensed pursuant to part I of chapter 484
63 may not require such licensee to purchase a material used by the
64 licensee from an entity in which the organization or
65 organization’s third-party administrator has a direct or
66 indirect ownership, financial, or controlling interest.
67 (b) A violation of this subsection constitutes an unfair
68 insurance trade practice under s. 626.9541(1)(d).
69 Section 3. Subsection (12) is added to section 641.315,
70 Florida Statutes, to read:
71 641.315 Provider contracts.—
72 (12)(a) A contract between a health maintenance
73 organization or the organization’s third-party administrator
74 and:
75 1. An ophthalmologist licensed pursuant to chapter 458 or
76 chapter 459 or an optometrist licensed pursuant to chapter 463
77 may not require such licensee to:
78 a. Provide vision care services as a condition of
79 participating as a provider of any other type of service to a
80 subscriber; or
81 b. Purchase a material or service used by the licensee from
82 an entity in which the organization or organization’s third
83 party administrator has a direct or indirect ownership,
84 financial, or controlling interest.
85 2. An optician licensed pursuant to part I of chapter 484
86 may not require such licensee to purchase a material used by the
87 licensee from an entity in which the organization or
88 organization’s third-party administrator has a direct or
89 indirect ownership, financial, or controlling interest.
90 (b) A violation of this subsection constitutes an unfair
91 insurance trade practice under s. 626.9541(1)(d).
92 Section 4. This act shall take effect July 1, 2015.