Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 80
       
       
       
       
       
       
                                Ì7815649Î781564                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  10/10/2017           .                                
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       The Committee on Banking and Insurance (Lee) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 624.27, Florida Statutes, is created to
    6  read:
    7         624.27Direct primary care agreements; exemption from
    8  code.—
    9         (1)As used in this section, the term:
   10         (a)“Direct primary care agreement” means a contract
   11  between a primary care provider and a patient, a patient’s legal
   12  representative, or a patient’s employer, which meets the
   13  requirements of subsection (4) and does not indemnify for
   14  services provided by a third party.
   15         (b)“Primary care provider” means a health care provider
   16  licensed under chapter 458, chapter 459, chapter 460, or chapter
   17  464, or a primary care group practice, who provides primary care
   18  services to patients.
   19         (c)“Primary care services” means the screening,
   20  assessment, diagnosis, and treatment of a patient conducted
   21  within the competency and training of the primary care provider
   22  for the purpose of promoting health or detecting and managing
   23  disease or injury.
   24         (2)A direct primary care agreement does not constitute
   25  insurance and is not subject to the Florida Insurance Code. The
   26  act of entering into a direct primary care agreement does not
   27  constitute the business of insurance and is not subject to the
   28  Florida Insurance Code.
   29         (3)A primary care provider or an agent of a primary care
   30  provider is not required to obtain a certificate of authority or
   31  license under the Florida Insurance Code to market, sell, or
   32  offer to sell a direct primary care agreement.
   33         (4)For purposes of this section, a direct primary care
   34  agreement must:
   35         (a)Be in writing.
   36         (b)Be signed by the primary care provider or an agent of
   37  the primary care provider and the patient, the patient’s legal
   38  representative, or the patient’s employer.
   39         (c)Allow a party to terminate the agreement by giving the
   40  other party at least 30 days’ advance written notice. The
   41  agreement may provide for immediate termination due to a
   42  violation of the physician-patient relationship or a breach of
   43  the terms of the agreement.
   44         (d)Describe the scope of primary care services that are
   45  covered by the monthly fee.
   46         (e)Specify the monthly fee and any fees for primary care
   47  services not covered by the monthly fee.
   48         (f)Specify the duration of the agreement and any automatic
   49  renewal provisions.
   50         (g)Offer a refund to the patient, the patient’s legal
   51  representative, or the patient’s employer of monthly fees paid
   52  in advance if the primary care provider ceases to offer primary
   53  care services for any reason.
   54         (h)Contain, in contrasting color and in at least 12-point
   55  type, the following statement on the signature page: “This
   56  agreement is not health insurance and the primary care provider
   57  will not file any claims against the patient’s health insurance
   58  policy or plan for reimbursement of any primary care services
   59  covered by the agreement. This agreement does not qualify as
   60  minimum essential coverage to satisfy the individual shared
   61  responsibility provision of the Patient Protection and
   62  Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not
   63  workers’ compensation insurance and does not replace an
   64  employer’s obligations under chapter 440, Florida Statutes.”
   65         Section 2. This act shall take effect July 1, 2018.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to direct primary care agreements;
   73         creating s. 624.27, F.S.; providing definitions;
   74         specifying that a direct primary care agreement does
   75         not constitute insurance and is not subject to the
   76         Florida Insurance Code; specifying that entering into
   77         a direct primary care agreement does not constitute
   78         the business of insurance and is not subject to the
   79         code; providing that a certificate of authority or a
   80         license under the code is not required to market,
   81         sell, or offer to sell a direct primary care
   82         agreement; specifying requirements for a direct
   83         primary care agreement; providing an effective date.