Florida Senate - 2018                               CS for SB 80
       
       
        
       By the Committee on Banking and Insurance; and Senator Lee
       
       
       
       
       
       597-00751-18                                            201880c1
    1                        A bill to be entitled                      
    2         An act relating to direct primary care agreements;
    3         creating s. 624.27, F.S.; providing definitions;
    4         specifying that a direct primary care agreement does
    5         not constitute insurance and is not subject to the
    6         Florida Insurance Code; specifying that entering into
    7         a direct primary care agreement does not constitute
    8         the business of insurance and is not subject to the
    9         code; providing that a certificate of authority or a
   10         license under the code is not required to market,
   11         sell, or offer to sell a direct primary care
   12         agreement; specifying requirements for a direct
   13         primary care agreement; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 624.27, Florida Statutes, is created to
   18  read:
   19         624.27 Direct primary care agreements; exemption from
   20  code.—
   21         (1) As used in this section, the term:
   22         (a) “Direct primary care agreement” means a contract
   23  between a primary care provider and a patient, a patient’s legal
   24  representative, or a patient’s employer, which meets the
   25  requirements of subsection (4) and does not indemnify for
   26  services provided by a third party.
   27         (b) “Primary care provider” means a health care provider
   28  licensed under chapter 458, chapter 459, chapter 460, or chapter
   29  464, or a primary care group practice, who provides primary care
   30  services to patients.
   31         (c) “Primary care services” means the screening,
   32  assessment, diagnosis, and treatment of a patient conducted
   33  within the competency and training of the primary care provider
   34  for the purpose of promoting health or detecting and managing
   35  disease or injury.
   36         (2) A direct primary care agreement does not constitute
   37  insurance and is not subject to the Florida Insurance Code. The
   38  act of entering into a direct primary care agreement does not
   39  constitute the business of insurance and is not subject to the
   40  Florida Insurance Code.
   41         (3) A primary care provider or an agent of a primary care
   42  provider is not required to obtain a certificate of authority or
   43  license under the Florida Insurance Code to market, sell, or
   44  offer to sell a direct primary care agreement.
   45         (4) For purposes of this section, a direct primary care
   46  agreement must:
   47         (a) Be in writing.
   48         (b) Be signed by the primary care provider or an agent of
   49  the primary care provider and the patient, the patient’s legal
   50  representative, or the patient’s employer.
   51         (c) Allow a party to terminate the agreement by giving the
   52  other party at least 30 days’ advance written notice. The
   53  agreement may provide for immediate termination due to a
   54  violation of the physician-patient relationship or a breach of
   55  the terms of the agreement.
   56         (d) Describe the scope of primary care services that are
   57  covered by the monthly fee.
   58         (e) Specify the monthly fee and any fees for primary care
   59  services not covered by the monthly fee.
   60         (f) Specify the duration of the agreement and any automatic
   61  renewal provisions.
   62         (g) Offer a refund to the patient, the patient’s legal
   63  representative, or the patient’s employer of monthly fees paid
   64  in advance if the primary care provider ceases to offer primary
   65  care services for any reason.
   66         (h) Contain, in contrasting color and in at least 12-point
   67  type, the following statement on the signature page: “This
   68  agreement is not health insurance and the primary care provider
   69  will not file any claims against the patient’s health insurance
   70  policy or plan for reimbursement of any primary care services
   71  covered by the agreement. This agreement does not qualify as
   72  minimum essential coverage to satisfy the individual shared
   73  responsibility provision of the Patient Protection and
   74  Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not
   75  workers’ compensation insurance and does not replace an
   76  employer’s obligations under chapter 440, Florida Statutes.”
   77         Section 2. This act shall take effect July 1, 2018.