Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 240 Ì935168EÎ935168 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/21/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Lee) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 20 - 83 4 and insert: 5 Section 1. Section 456.0625, Florida Statutes, is created 6 to read: 7 456.0625 Direct primary care agreements.— 8 (1) As used in this section, the term: 9 (a) “Direct primary care agreement” means a contract 10 between a primary care provider and a patient, the patient’s 11 legal representative, or an employer which meets the 12 requirements specified under subsection (3) and which does not 13 indemnify for services provided by a third party. 14 (b) “Primary care provider” means a health care 15 practitioner licensed under chapter 458, chapter 459, chapter 16 460, or chapter 464 or a primary care group practice that 17 provides medical services to patients which are commonly 18 provided without referral from another health care provider. 19 (c) “Primary care service” means the screening, assessment, 20 diagnosis, and treatment of a patient for the purpose of 21 promoting health or detecting and managing disease or injury 22 within the competency and training of the primary care provider. 23 (2) A primary care provider or an agent of the primary care 24 provider may enter into a direct primary care agreement for 25 providing primary care services. Section 624.27 applies to a 26 direct primary care agreement. 27 (3) A direct primary care agreement must: 28 (a) Be in writing. 29 (b) Be signed by the primary care provider or an agent of 30 the primary care provider and the patient, the patient’s legal 31 representative, or an employer. 32 (c) Allow a party to terminate the agreement by giving the 33 other party at least 30 days’ advance written notice. The 34 agreement may provide for immediate termination due to a 35 violation of the physician-patient relationship or a breach of 36 the terms of the agreement. 37 (d) Describe the scope of primary care services that are 38 covered by the monthly fee. 39 (e) Specify the monthly fee and any fees for primary care 40 services not covered by the monthly fee. 41 (f) Specify the duration of the agreement and any automatic 42 renewal provisions. 43 (g) Offer a refund to the patient of monthly fees paid in 44 advance if the primary care provider ceases to offer primary 45 care services for any reason. 46 (h) Contain, in contrasting color and in not less than 12 47 point type, the following statements on the same page as the 48 applicant’s signature: 49 1. This agreement is not health insurance, and the primary 50 care provider will not file any claims against the patient’s 51 health insurance policy or plan for reimbursement of any primary 52 care services covered by this agreement. 53 2. This agreement does not qualify as minimum essential 54 coverage to satisfy the individual shared responsibility 55 provision of the federal Patient Protection and Affordable Care 56 Act, Pub. L. No. 111-148. 57 3. This agreement is not workers’ compensation insurance 58 and may not replace the employer’s obligations under chapter 59 440, Florida Statutes. 60 Section 2. Section 624.27, Florida Statutes, is created to 61 read: 62 624.27 Application of code as to direct primary care 63 agreements.— 64 (1) A direct primary care agreement, as defined in s. 65 456.0625, does not constitute insurance and is not subject to 66 any chapter of the Florida Insurance Code. The act of entering 67 into a direct primary care agreement does not constitute the 68 business of insurance and is not subject to any chapter of the 69 Florida Insurance Code. 70 (2) A primary care provider or an agent of a primary care 71 provider is not required to obtain a certificate of authority or 72 license under any chapter of the Florida Insurance Code to 73 market, sell, or offer to sell a direct primary care agreement 74 pursuant to s. 456.0625. 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Delete lines 3 - 16 79 and insert: 80 456.0625, F.S.; defining terms; authorizing primary 81 care providers or their agents to enter into direct 82 primary care agreements for providing primary care 83 services; providing applicability; specifying 84 requirements for direct primary care agreements; 85 creating s. 624.27, F.S.; providing construction and 86 applicability of the Florida Insurance Code as to 87 direct primary care agreements; providing an exception 88 for primary care providers or their agents from 89 certain requirements under the code under certain 90 circumstances; providing an effective date.