Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 240
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2017           .                                

       The Committee on Health Policy (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.