Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 546
       
       
       
       
       
       
                                Barcode 344120                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
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       The Committee on Health Regulation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 627.6474, Florida Statutes, is amended
    6  to read:
    7         627.6474 Provider contracts.—
    8         (1) A health insurer may shall not require a contracted
    9  health care practitioner as defined in s. 456.001(4) to accept
   10  the terms of other health care practitioner contracts with the
   11  insurer or any other insurer, or health maintenance
   12  organization, under common management and control with the
   13  insurer, including Medicare and Medicaid practitioner contracts
   14  and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or
   15  s. 641.315, except for a practitioner in a group practice as
   16  defined in s. 456.053 who must accept the terms of a contract
   17  negotiated for the practitioner by the group, as a condition of
   18  continuation or renewal of the contract. Any contract provision
   19  that violates this section is void. A violation of this
   20  subsection section is not subject to the criminal penalty
   21  specified in s. 624.15.
   22         (2)(a)A contract between a health insurer and a dentist
   23  licensed under chapter 466 for the provision of services to
   24  patients may not contain any provision that requires the dentist
   25  to provide services to the insured under such contract at a fee
   26  set by the health insurer unless such services are covered
   27  services under the applicable contract.
   28         (b) As used in this subsection, the term “covered services”
   29  means services reimbursable under the applicable contract at not
   30  less than 50 percent of the usual, customary, and reasonable fee
   31  of similar providers in the zip code area where the services are
   32  provided, subject to such contractual limitations on benefits,
   33  such as deductibles, coinsurance, and copayments, as may apply.
   34  However, covered services do not include dental services that
   35  are provided by a dentist to an insured for dental services that
   36  are not listed as a benefit that the insured is entitled to
   37  receive under the contract.
   38         (c) A contract may not contain a provision that prohibits a
   39  dentist from billing a patient the difference between the amount
   40  reimbursed by the insurer and the dentist’s normal rate for the
   41  services if such services are not covered services as defined in
   42  paragraph (b). A health insurer may not require as a condition
   43  of the contract that the dentist participate in a discount
   44  medical plan under part II of chapter 636.
   45         Section 2. Subsection (13) is added to section 636.035,
   46  Florida Statutes, to read:
   47         636.035 Provider arrangements.—
   48         (13)(a)A contract between a prepaid limited health service
   49  organization and a dentist licensed under chapter 466 for the
   50  provision of services to subscribers of the prepaid limited
   51  health service organization may not contain any provision that
   52  requires the dentist to provide services to subscribers of the
   53  prepaid limited health service organization at a fee set by the
   54  prepaid limited health service organization unless such services
   55  are covered services under the applicable contract.
   56         (b) As used in this subsection, the term “covered services”
   57  means services reimbursable under the applicable contract at not
   58  less than 50 percent of the usual, customary, and reasonable fee
   59  of similar providers in the zip code area where the services are
   60  provided, subject to such contractual limitations on benefits,
   61  such as deductibles, coinsurance, and copayments, as may apply.
   62  However, covered services do not include dental services that
   63  are provided by a dentist to an insured for dental services that
   64  are not listed as a benefit that the insured is entitled to
   65  receive under the contract.
   66         (c) A prepaid limited health service organization may not
   67  require as a condition of the contract that the dentist
   68  participate in a discount medical plan under part II of this
   69  chapter.
   70         Section 3. Subsection (11) is added to section 641.315,
   71  Florida Statutes, to read:
   72         641.315 Provider contracts.—
   73         (11)(a)A contract between a health maintenance
   74  organization and a dentist licensed under chapter 466 for the
   75  provision of services to subscribers of the health maintenance
   76  organization may not contain any provision that requires the
   77  dentist to provide services to subscribers of the health
   78  maintenance organization at a fee set by the health maintenance
   79  organization unless such services are covered services under the
   80  applicable contract.
   81         (b) As used in this subsection, the term “covered services”
   82  means services reimbursable under the applicable contract at not
   83  less than 50 percent of the usual, customary, and reasonable fee
   84  of similar providers in the zip code area where the services are
   85  provided, subject to such contractual limitations on benefits,
   86  such as deductibles, coinsurance, and copayments, as may apply.
   87  However, covered services do not include dental services that
   88  are provided by a dentist to an insured for dental services that
   89  are not listed as a benefit that the insured is entitled to
   90  receive under the contract.
   91         (c) A health maintenance organization may not require as a
   92  condition of the contract that the dentist participate in a
   93  discount medical plan under part II of chapter 636.
   94         Section 4. This act shall take effect July 1, 2011, and
   95  applies to contracts entered into or renewed on or after that
   96  date.
   97  
   98  ================= T I T L E  A M E N D M E N T ================
   99         And the title is amended as follows:
  100         Delete everything before the enacting clause
  101  and insert:
  102                        A bill to be entitled                      
  103         An act relating to dentists; amending s. 627.6474,
  104         F.S.; prohibiting contracts between health insurers
  105         and dentists from containing certain fee requirements
  106         set by the insurer under certain circumstances;
  107         providing a definition; prohibiting a contract from
  108         containing a provision that prohibits a dentist from
  109         billing a patient the difference between the amount
  110         reimbursed by the insurer and the dentist’s normal
  111         rate for services under certain circumstances;
  112         prohibiting a health insurer from requiring as a
  113         condition of a contract that a dentist participate in
  114         a discount medical plan; amending s. 636.035, F.S.;
  115         prohibiting contracts between prepaid limited health
  116         service organizations and dentists from containing
  117         certain fee requirements set by the organization under
  118         certain circumstances; providing a definition;
  119         prohibiting the prepaid limited health service
  120         organization from requiring as a condition of a
  121         contract that a dentist participate in a discount
  122         medical plan; amending s. 641.315, F.S.; prohibiting
  123         contracts between health maintenance organizations and
  124         dentists from containing certain fee requirements set
  125         by the organization under certain circumstances;
  126         providing a definition; prohibiting the health
  127         maintenance organization from requiring as a condition
  128         of a contract that a dentist participate in a discount
  129         medical plan; providing for application of the act;
  130         providing an effective date.