Florida Senate - 2019                                    SB 1520
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01641-19                                            20191520__
    1                        A bill to be entitled                      
    2         An act relating to direct health care agreements;
    3         amending s. 624.27, F.S.; expanding the applicability
    4         of provisions relating to direct primary care
    5         agreements exempt from the Florida Insurance Code to
    6         direct health care agreements; revising definitions;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 624.27, Florida Statutes, is amended to
   12  read:
   13         624.27 Direct health primary care agreements; exemption
   14  from code.—
   15         (1) As used in this section, the term:
   16         (a) “Direct health primary care agreement” means a contract
   17  between a health primary care provider and a patient, a
   18  patient’s legal representative, or a patient’s employer, which
   19  meets the requirements of subsection (4) and does not indemnify
   20  for services provided by a third party.
   21         (b) “Health Primary care provider” means a health care
   22  provider licensed under chapter 458, chapter 459, chapter 460,
   23  or chapter 464, or a health primary care group practice, who
   24  provides health primary care services to patients.
   25         (c) “Health Primary care services” means the screening,
   26  assessment, diagnosis, and treatment of a patient conducted
   27  within the competency and training of the health primary care
   28  provider for the purpose of promoting health or detecting and
   29  managing disease or injury.
   30         (2) A direct health primary care agreement does not
   31  constitute insurance and is not subject to the Florida Insurance
   32  Code. The act of entering into a direct health primary care
   33  agreement does not constitute the business of insurance and is
   34  not subject to the Florida Insurance Code.
   35         (3) A health primary care provider or an agent of a health
   36  primary care provider is not required to obtain a certificate of
   37  authority or license under the Florida Insurance Code to market,
   38  sell, or offer to sell a direct health primary care agreement.
   39         (4) For purposes of this section, a direct health primary
   40  care agreement must:
   41         (a) Be in writing.
   42         (b) Be signed by the health primary care provider or an
   43  agent of the health primary care provider and the patient, the
   44  patient’s legal representative, or the patient’s employer.
   45         (c) Allow a party to terminate the agreement by giving the
   46  other party at least 30 days’ advance written notice. The
   47  agreement may provide for immediate termination due to a
   48  violation of the physician-patient relationship or a breach of
   49  the terms of the agreement.
   50         (d) Describe the scope of health primary care services that
   51  are covered by the monthly fee.
   52         (e) Specify the monthly fee and any fees for health primary
   53  care services not covered by the monthly fee.
   54         (f) Specify the duration of the agreement and any automatic
   55  renewal provisions.
   56         (g) Offer a refund to the patient, the patient’s legal
   57  representative, or the patient’s employer of monthly fees paid
   58  in advance if the health primary care provider ceases to offer
   59  health primary care services for any reason.
   60         (h) Contain, in contrasting color and in at least 12-point
   61  type, the following statement on the signature page: “This
   62  agreement is not health insurance and the health primary care
   63  provider will not file any claims against the patient’s health
   64  insurance policy or plan for reimbursement of any health primary
   65  care services covered by the agreement. This agreement does not
   66  qualify as minimum essential coverage to satisfy the individual
   67  shared responsibility provision of the Patient Protection and
   68  Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not
   69  workers’ compensation insurance and does not replace an
   70  employer’s obligations under chapter 440.”
   71         Section 2. This act shall take effect July 1, 2019.