Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 80
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LEGISLATIVE ACTION
Senate . House
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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:
7 624.27 Direct 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.