Florida Senate - 2018 SB 80 By Senator Lee 20-00216A-18 201880__ 1 A bill to be entitled 2 An act relating to direct primary care; creating s. 3 456.0625, F.S.; defining terms; authorizing primary 4 care providers or their agents to enter into direct 5 primary care agreements for providing primary care 6 services; providing applicability; specifying 7 requirements for direct primary care agreements; 8 creating s. 624.27, F.S.; providing construction and 9 applicability of the Florida Insurance Code as to 10 direct primary care agreements; providing an exception 11 for primary care providers or their agents from 12 certain requirements under the code under certain 13 circumstances; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 456.0625, Florida Statutes, is created 18 to read: 19 456.0625 Direct primary care agreements.— 20 (1) As used in this section, the term: 21 (a) “Direct primary care agreement” means a contract 22 between a primary care provider and a patient, the patient’s 23 legal representative, or an employer which meets the 24 requirements specified under subsection (3) and which does not 25 indemnify for services provided by a third party. 26 (b) “Primary care provider” means a health care 27 practitioner licensed under chapter 458, chapter 459, chapter 28 460, or chapter 464 or a primary care group practice that 29 provides medical services to patients which are commonly 30 provided without referral from another health care provider. 31 (c) “Primary care service” means the screening, assessment, 32 diagnosis, and treatment of a patient for the purpose of 33 promoting health or detecting and managing disease or injury 34 within the competency and training of the primary care provider. 35 (2) A primary care provider or an agent of the primary care 36 provider may enter into a direct primary care agreement for 37 providing primary care services. Section 624.27 applies to a 38 direct primary care agreement. 39 (3) A direct primary care agreement must: 40 (a) Be in writing. 41 (b) Be signed by the primary care provider or an agent of 42 the primary care provider and the patient, the patient’s legal 43 representative, or an employer. 44 (c) Allow a party to terminate the agreement by giving the 45 other party at least 30 days’ advance written notice. The 46 agreement may provide for immediate termination due to a 47 violation of the physician-patient relationship or a breach of 48 the terms of the agreement. 49 (d) Describe the scope of primary care services that are 50 covered by the monthly fee. 51 (e) Specify the monthly fee and any fees for primary care 52 services not covered by the monthly fee. 53 (f) Specify the duration of the agreement and any automatic 54 renewal provisions. 55 (g) Offer a refund to the patient of monthly fees paid in 56 advance if the primary care provider ceases to offer primary 57 care services for any reason. 58 (h) Contain, in contrasting color and in not less than 12 59 point type, the following statements on the same page as the 60 applicant’s signature: 61 1. This agreement is not health insurance, and the primary 62 care provider will not file any claims against the patient’s 63 health insurance policy or plan for reimbursement of any primary 64 care services covered by this agreement. 65 2. This agreement does not qualify as minimum essential 66 coverage to satisfy the individual shared responsibility 67 provision of the federal Patient Protection and Affordable Care 68 Act, Pub. L. No. 111-148. 69 3. This agreement is not workers’ compensation insurance 70 and may not replace the employer’s obligations under chapter 71 440. 72 Section 2. Section 624.27, Florida Statutes, is created to 73 read: 74 624.27 Application of code as to direct primary care 75 agreements.— 76 (1) A direct primary care agreement, as defined in s. 77 456.0625, does not constitute insurance and is not subject to 78 any chapter of the Florida Insurance Code. The act of entering 79 into a direct primary care agreement does not constitute the 80 business of insurance and is not subject to any chapter of the 81 Florida Insurance Code. 82 (2) A primary care provider or an agent of a primary care 83 provider is not required to obtain a certificate of authority or 84 license under any chapter of the Florida Insurance Code to 85 market, sell, or offer to sell a direct primary care agreement 86 pursuant to s. 456.0625. 87 Section 3. This act shall take effect July 1, 2018.