Florida Senate - 2018                                     SB 714
       By Senator Baxley
       12-00899-18                                            2018714__
    1                        A bill to be entitled                      
    2         An act relating to a patient’s choice of providers;
    3         providing a short title; providing definitions;
    4         prohibiting a health insurer from excluding a willing
    5         and qualified health care provider from participating
    6         in the health insurer’s provider network under certain
    7         circumstances; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Patient’s choice of providers; discrimination
   12  against willing and qualified health care providers prohibited.—
   13         (1)This section may be cited as the “Patient’s Freedom of
   14  Choice of Providers Act.”
   15         (2)For purposes of this section, the term:
   16         (a)“Health care provider” means a health care professional
   17  licensed under chapter 458; chapter 459; chapter 460; chapter
   18  461; chapter 463; chapter 464; chapter 465; chapter 466; part I,
   19  part III, part IV, part V, or part X of chapter 468; chapter
   20  483; chapter 484; chapter 486; chapter 490; or chapter 491,
   21  Florida Statutes.
   22         (b)“Health insurance plan” means health benefits coverage
   23  under the following:
   24         1.A health plan offered by any certified health
   25  maintenance organization or authorized health insurer, except a
   26  plan that is limited to the following: a limited benefit,
   27  specified disease, or specified accident; hospital indemnity;
   28  accident only; limited benefit convalescent care; Medicare
   29  supplement; credit disability; dental; vision; long-term care;
   30  disability income; coverage issued as a supplement to another
   31  health plan; workers’ compensation liability or other insurance;
   32  or motor vehicle medical payment only; or
   33         2.An employee welfare benefit plan that includes health
   34  benefits established under the Employee Retirement Income
   35  Security Act of 1974, as amended.
   36         (c)“Health insurer” means any insurance company authorized
   37  to transact health insurance in the state, any insurance company
   38  authorized to transact health insurance or casualty insurance in
   39  the state that is offering a minimum premium plan or stop-loss
   40  coverage for any person or entity providing health care
   41  benefits, any self-insurance plan as defined in s. 624.031,
   42  Florida Statutes, any health maintenance organization authorized
   43  to transact business in the state pursuant to part I of chapter
   44  641, Florida Statutes, any prepaid health clinic authorized to
   45  transact business in the state pursuant to part II of chapter
   46  641, Florida Statutes, any multiple-employer welfare arrangement
   47  authorized to transact business in the state pursuant to ss.
   48  624.436-624.45, Florida Statutes, or any fraternal benefit
   49  society providing health benefits to its members as authorized
   50  pursuant to chapter 632, Florida Statutes.
   51         (3)Notwithstanding any other law, a health insurer may not
   52  obstruct a patient’s choice by excluding a health care provider
   53  licensed in this state from participating in the health
   54  insurer’s provider network, if the health care provider is:
   55         (a)Located within the geographic coverage area of the
   56  health insurance plan; and
   57         (b)Willing and qualified to meet the terms, conditions,
   58  and fee schedule established by the health insurer.
   59         Section 2. This act shall take effect July 1, 2018.