| 1 | A bill to be entitled |
| 2 | An act relating to access to health care; amending s. |
| 3 | 624.91, F.S.; expanding the membership of the board of |
| 4 | directors of the Florida Healthy Kids Corporation; |
| 5 | amending s. 636.035, F.S.; specifying certain provider |
| 6 | arrangement contract prohibitions or restrictions; |
| 7 | prohibiting prepaid limited health service organizations |
| 8 | from specifying certain contract continuation or renewal |
| 9 | conditions; providing for voiding of certain contracts; |
| 10 | specifying absence of liability for certain criminal |
| 11 | penalties; amending s. 641.315, F.S.; providing for |
| 12 | application to health maintenance organizations of the |
| 13 | prohibition against specifying certain contract |
| 14 | continuation or renewal conditions; amending s. 766.1116, |
| 15 | F.S.; revising time requirements for a health care |
| 16 | practitioner's waiver of license renewal fees and |
| 17 | continuing education requirements; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (a) of subsection (6) of section |
| 23 | 624.91, Florida Statutes, is amended to read: |
| 24 | 624.91 The Florida Healthy Kids Corporation Act.-- |
| 25 | (6) BOARD OF DIRECTORS.-- |
| 26 | (a) The Florida Healthy Kids Corporation shall operate |
| 27 | subject to the supervision and approval of a board of directors |
| 28 | chaired by the Chief Financial Officer or her or his designee, |
| 29 | and composed of 11 10 other members selected for 3-year terms of |
| 30 | office as follows: |
| 31 | 1. The Secretary of Health Care Administration, or his or |
| 32 | her designee.; |
| 33 | 2. One member appointed by the Commissioner of Education |
| 34 | from the Office of School Health Programs of the Florida |
| 35 | Department of Education.; |
| 36 | 3. One member appointed by the Chief Financial Officer |
| 37 | from among three members nominated by the Florida Pediatric |
| 38 | Society.; |
| 39 | 4. One member, appointed by the Governor, who represents |
| 40 | the Children's Medical Services Program.; |
| 41 | 5. One member appointed by the Chief Financial Officer |
| 42 | from among three members nominated by the Florida Hospital |
| 43 | Association.; |
| 44 | 6. One member, appointed by the Governor, who is an expert |
| 45 | on child health policy.; |
| 46 | 7. One member, appointed by the Chief Financial Officer, |
| 47 | from among three members nominated by the Florida Academy of |
| 48 | Family Physicians.; |
| 49 | 8. One member, appointed by the Governor, who represents |
| 50 | the state Medicaid program.; |
| 51 | 9. One member, appointed by the Chief Financial Officer, |
| 52 | from among three members nominated by the Florida Association of |
| 53 | Counties.; and |
| 54 | 10. The State Health Officer or her or his designee. |
| 55 | 11. One member, appointed by the Governor, from among |
| 56 | three members nominated by the Florida Dental Association. |
| 57 | Section 2. Subsections (11) and (12) are added to section |
| 58 | 636.035, Florida Statutes, to read: |
| 59 | 636.035 Provider arrangements.-- |
| 60 | (11) A contract between a prepaid limited health service |
| 61 | organization and a provider of limited health services may not |
| 62 | contain any provision that in any way prohibits or restricts the |
| 63 | limited health service provider from entering into or renewing a |
| 64 | contract with any other prepaid limited health service |
| 65 | organization. This subsection applies to all contracts entered |
| 66 | into or renewed on or after July 1, 2009. |
| 67 | (12) A prepaid limited health service organization may not |
| 68 | require, as a condition of continuation or renewal of a |
| 69 | contract, a contracted limited health service provider to accept |
| 70 | the terms of other health care practitioner contracts with the |
| 71 | prepaid limited health service organization or any insurer or |
| 72 | other limited health service organization under common |
| 73 | management and control with the prepaid limited health service |
| 74 | organization, including, but not limited to, Medicare and |
| 75 | Medicaid practitioner contracts and those authorized by s. |
| 76 | 627.6471, s. 627.6472, s. 641.315, or this section, except for a |
| 77 | practitioner in a group practice as defined in s. 456.053 who |
| 78 | must accept the terms of a contract negotiated for the |
| 79 | practitioner by the group. Any contract provision that violates |
| 80 | this subsection is void. A violation of this subsection is not |
| 81 | subject to the criminal penalty specified in s. 624.15. This |
| 82 | subsection applies to all contracts entered into or renewed on |
| 83 | or after July 1, 2009. |
| 84 | Section 3. Subsection (10) of section 641.315, Florida |
| 85 | Statutes, is amended to read: |
| 86 | 641.315 Provider contracts.-- |
| 87 | (10) A health maintenance organization shall not require a |
| 88 | contracted health care practitioner as defined in s. 456.001(4) |
| 89 | to accept the terms of other health care practitioner contracts |
| 90 | with the health maintenance organization or any insurer, or |
| 91 | other health maintenance organization, under common management |
| 92 | and control with the health maintenance organization, including |
| 93 | Medicare and Medicaid practitioner contracts and those |
| 94 | authorized by s. 627.6471, s. 627.6472, s. 636.035, or this |
| 95 | section s. 641.315, except for a practitioner in a group |
| 96 | practice as defined in s. 456.053 who must accept the terms of a |
| 97 | contract negotiated for the practitioner by the group, as a |
| 98 | condition of continuation or renewal of the contract. Any |
| 99 | contract provision that violates this section is void. A |
| 100 | violation of this section is not subject to the criminal penalty |
| 101 | specified in s. 624.15. |
| 102 | Section 4. Subsection (2) of section 766.1116, Florida |
| 103 | Statutes, is amended to read: |
| 104 | 766.1116 Health care practitioner; waiver of license |
| 105 | renewal fees and continuing education requirements.-- |
| 106 | (2) Notwithstanding any provision of chapter 458, chapter |
| 107 | 459, chapter 460, chapter 461, part I of chapter 464, chapter |
| 108 | 466, or chapter 467 to the contrary, any health care |
| 109 | practitioner who participates as a health care provider under s. |
| 110 | 766.1115 and thereby agrees with a governmental contractor to |
| 111 | provide his or her services without compensation and as an agent |
| 112 | of the governmental contractor to low-income recipients in |
| 113 | accordance with s. 766.1115 for at least 160 80 hours a year for |
| 114 | each year during the biennial licensure period, or, if the |
| 115 | health care practitioner is retired, for at least 800 400 hours |
| 116 | a year for each year during the licensure period, upon providing |
| 117 | sufficient proof from the applicable governmental contractor |
| 118 | that the health care practitioner has completed the hours at the |
| 119 | time of license renewal under procedures specified by the |
| 120 | Department of Health, shall be eligible for: |
| 121 | (a) Waiver of the biennial license renewal fee for an |
| 122 | active license; and |
| 123 | (b) Fulfillment of a maximum of 25 percent of the |
| 124 | continuing education hours required for license renewal under s. |
| 125 | 456.013(9). |
| 126 | Section 5. This act shall take effect July 1, 2009. |