HB 185

1
A bill to be entitled
2An act relating to access to health care; creating s.
3381.00521, F.S.; establishing the Florida Dental Health
4Access Task Force for certain purposes; specifying
5membership of the task force; providing for appointments
6and meetings; providing for filling of vacancies;
7requiring the task force to develop recommendations and
8report to the Legislature; providing for termination;
9amending s. 624.91, F.S.; expanding the membership of the
10board of directors of the Florida Healthy Kids
11Corporation; amending s. 636.035, F.S.; specifying certain
12provider arrangement contract prohibitions or
13restrictions; prohibiting prepaid limited health service
14organizations from specifying certain contract
15continuation or renewal conditions; providing for voiding
16of certain contracts; specifying absence of liability for
17certain criminal penalties; amending s. 641.315, F.S.;
18providing for application to health maintenance
19organizations of the prohibition against specifying
20certain contract continuation or renewal conditions;
21amending s. 766.1116, F.S.; revising time requirements for
22a health care practitioner's waiver of license renewal
23fees and continuing education requirements; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 381.00521, Florida Statutes, is created
29to read:
30     381.00521  Florida Dental Health Access Task Force.--
31     (1)  The Florida Dental Health Access Task Force is
32established for the purpose of developing findings and issuing
33recommendations relating to and including, but not limited to,
34Medicaid dental reimbursement fees; alternative methods
35successfully implemented in other states that maximize dental
36funding in Medicaid, including, but not limited to, dental
37carve-outs; addressing the administrative process for dentists
38to become Medicaid dental providers; literature provided by the
39Agency for Health Care Administration summarizing the process of
40what to expect once a dentist becomes a Medicaid provider,
41including, but not limited to, how to process claims;
42establishment of providing temporary assistance to a dental
43office in cases in which the Medicaid dental provider dies
44unexpectedly; and a detailed process for addressing patient
45behavior and individual responsibility of Medicaid patients in
46dental offices.
47     (2)  The membership of the task force shall consist of:
48     (a)  A member of the House of Representatives, appointed by
49the Speaker of the House of Representatives as an ex officio,
50nonvoting member of the task force.
51     (b)  A member of the Senate, appointed by the President of
52the Senate as an ex officio, nonvoting member of the task force.
53     (c)  A member appointed by the Florida Dental Association.
54     (d)  A member appointed by the Florida Academy of Pediatric
55Dentistry.
56     (e)  A member appointed by the Florida Society of Oral and
57Maxillofacial Surgeons.
58     (f)  A member appointed by the Florida Society of
59Orthodontists.
60     (g)  A member appointed by the Florida Society of
61Periodontists.
62     (h)  A member appointed by the Florida Dental Hygiene
63Association.
64     (i)  A member appointed by the Florida Public Health
65Association.
66     (j)  The state's Medicaid director or the director's
67designee.
68     (3)  Each member shall serve at the pleasure of the
69organization that appointed the member. A vacancy on the task
70force shall be filled in the same manner as the original
71appointment.
72     (4)  All members of the task force must be appointed on or
73before August 31, 2009, and the task force shall hold its first
74meeting on or before September 15, 2009.
75     (5)  The task force shall develop recommendations and
76submit its findings to the President of the Senate and the
77Speaker of the House of Representatives by February 1, 2011.
78     (6)  The task force is terminated February 1, 2011.
79     Section 2.  Paragraph (a) of subsection (6) of section
80624.91, Florida Statutes, is amended to read:
81     624.91  The Florida Healthy Kids Corporation Act.--
82     (6)  BOARD OF DIRECTORS.--
83     (a)  The Florida Healthy Kids Corporation shall operate
84subject to the supervision and approval of a board of directors
85chaired by the Chief Financial Officer or her or his designee,
86and composed of 11 10 other members selected for 3-year terms of
87office as follows:
88     1.  The Secretary of Health Care Administration, or his or
89her designee.;
90     2.  One member appointed by the Commissioner of Education
91from the Office of School Health Programs of the Florida
92Department of Education.;
93     3.  One member appointed by the Chief Financial Officer
94from among three members nominated by the Florida Pediatric
95Society.;
96     4.  One member, appointed by the Governor, who represents
97the Children's Medical Services Program.;
98     5.  One member appointed by the Chief Financial Officer
99from among three members nominated by the Florida Hospital
100Association.;
101     6.  One member, appointed by the Governor, who is an expert
102on child health policy.;
103     7.  One member, appointed by the Chief Financial Officer,
104from among three members nominated by the Florida Academy of
105Family Physicians.;
106     8.  One member, appointed by the Governor, who represents
107the state Medicaid program.;
108     9.  One member, appointed by the Chief Financial Officer,
109from among three members nominated by the Florida Association of
110Counties.; and
111     10.  The State Health Officer or her or his designee.
112     11.  One member, appointed by the Governor, from among
113three members nominated by the Florida Dental Association.
114     Section 3.  Subsections (11) and (12) are added to section
115636.035, Florida Statutes, to read:
116     636.035  Provider arrangements.--
117     (11)  A contract between a prepaid limited health service
118organization and a provider of limited health services may not
119contain any provision that in any way prohibits or restricts the
120limited health service provider from entering into or renewing a
121contract with any other prepaid limited health service
122organization. This subsection applies to all contracts entered
123into or renewed on or after October 1, 2009.
124     (12)  A prepaid limited health service organization may not
125require, as a condition of continuation or renewal of a
126contract, a contracted limited health service provider to accept
127the terms of other health care practitioner contracts with the
128prepaid limited health service organization or any insurer or
129other limited health service organization under common
130management and control with the prepaid limited health service
131organization, including, but not limited to, Medicare and
132Medicaid practitioner contracts and those authorized by s.
133627.6471, s. 627.6472, s. 641.315, or this section, except for a
134practitioner in a group practice as defined in s. 456.053 who
135must accept the terms of a contract negotiated for the
136practitioner by the group. Any contract provision that violates
137this subsection is void. A violation of this subsection is not
138subject to the criminal penalty specified in s. 624.15.
139     Section 4.  Subsection (10) of section 641.315, Florida
140Statutes, is amended to read:
141     641.315  Provider contracts.--
142     (10)  A health maintenance organization shall not require a
143contracted health care practitioner as defined in s. 456.001(4)
144to accept the terms of other health care practitioner contracts
145with the health maintenance organization or any insurer, or
146other health maintenance organization, under common management
147and control with the health maintenance organization, including
148Medicare and Medicaid practitioner contracts and those
149authorized by s. 627.6471, s. 627.6472, s. 636.035, or this
150section s. 641.315, except for a practitioner in a group
151practice as defined in s. 456.053 who must accept the terms of a
152contract negotiated for the practitioner by the group, as a
153condition of continuation or renewal of the contract. Any
154contract provision that violates this section is void. A
155violation of this section is not subject to the criminal penalty
156specified in s. 624.15.
157     Section 5.  Subsection (2) of section 766.1116, Florida
158Statutes, is amended to read:
159     766.1116  Health care practitioner; waiver of license
160renewal fees and continuing education requirements.--
161     (2)  Notwithstanding any provision of chapter 458, chapter
162459, chapter 460, chapter 461, part I of chapter 464, chapter
163466, or chapter 467 to the contrary, any health care
164practitioner who participates as a health care provider under s.
165766.1115 and thereby agrees with a governmental contractor to
166provide his or her services without compensation and as an agent
167of the governmental contractor to low-income recipients in
168accordance with s. 766.1115 for at least 160 80 hours a year for
169each year during the biennial licensure period, or, if the
170health care practitioner is retired, for at least 800 400 hours
171a year for each year during the licensure period, upon providing
172sufficient proof from the applicable governmental contractor
173that the health care practitioner has completed the hours at the
174time of license renewal under procedures specified by the
175Department of Health, shall be eligible for:
176     (a)  Waiver of the biennial license renewal fee for an
177active license; and
178     (b)  Fulfillment of a maximum of 25 percent of the
179continuing education hours required for license renewal under s.
180456.013(9).
181     Section 6.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.