Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 80 Ì7815649Î781564 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.