Florida Senate - 2018 CS for SB 80 By the Committee on Banking and Insurance; and Senator Lee 597-00751-18 201880c1 1 A bill to be entitled 2 An act relating to direct primary care agreements; 3 creating s. 624.27, F.S.; providing definitions; 4 specifying that a direct primary care agreement does 5 not constitute insurance and is not subject to the 6 Florida Insurance Code; specifying that entering into 7 a direct primary care agreement does not constitute 8 the business of insurance and is not subject to the 9 code; providing that a certificate of authority or a 10 license under the code is not required to market, 11 sell, or offer to sell a direct primary care 12 agreement; specifying requirements for a direct 13 primary care agreement; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 624.27, Florida Statutes, is created to 18 read: 19 624.27 Direct primary care agreements; exemption from 20 code.— 21 (1) As used in this section, the term: 22 (a) “Direct primary care agreement” means a contract 23 between a primary care provider and a patient, a patient’s legal 24 representative, or a patient’s employer, which meets the 25 requirements of subsection (4) and does not indemnify for 26 services provided by a third party. 27 (b) “Primary care provider” means a health care provider 28 licensed under chapter 458, chapter 459, chapter 460, or chapter 29 464, or a primary care group practice, who provides primary care 30 services to patients. 31 (c) “Primary care services” means the screening, 32 assessment, diagnosis, and treatment of a patient conducted 33 within the competency and training of the primary care provider 34 for the purpose of promoting health or detecting and managing 35 disease or injury. 36 (2) A direct primary care agreement does not constitute 37 insurance and is not subject to the Florida Insurance Code. The 38 act of entering into a direct primary care agreement does not 39 constitute the business of insurance and is not subject to the 40 Florida Insurance Code. 41 (3) A primary care provider or an agent of a primary care 42 provider is not required to obtain a certificate of authority or 43 license under the Florida Insurance Code to market, sell, or 44 offer to sell a direct primary care agreement. 45 (4) For purposes of this section, a direct primary care 46 agreement must: 47 (a) Be in writing. 48 (b) Be signed by the primary care provider or an agent of 49 the primary care provider and the patient, the patient’s legal 50 representative, or the patient’s employer. 51 (c) Allow a party to terminate the agreement by giving the 52 other party at least 30 days’ advance written notice. The 53 agreement may provide for immediate termination due to a 54 violation of the physician-patient relationship or a breach of 55 the terms of the agreement. 56 (d) Describe the scope of primary care services that are 57 covered by the monthly fee. 58 (e) Specify the monthly fee and any fees for primary care 59 services not covered by the monthly fee. 60 (f) Specify the duration of the agreement and any automatic 61 renewal provisions. 62 (g) Offer a refund to the patient, the patient’s legal 63 representative, or the patient’s employer of monthly fees paid 64 in advance if the primary care provider ceases to offer primary 65 care services for any reason. 66 (h) Contain, in contrasting color and in at least 12-point 67 type, the following statement on the signature page: “This 68 agreement is not health insurance and the primary care provider 69 will not file any claims against the patient’s health insurance 70 policy or plan for reimbursement of any primary care services 71 covered by the agreement. This agreement does not qualify as 72 minimum essential coverage to satisfy the individual shared 73 responsibility provision of the Patient Protection and 74 Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not 75 workers’ compensation insurance and does not replace an 76 employer’s obligations under chapter 440, Florida Statutes.” 77 Section 2. This act shall take effect July 1, 2018.