The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.6474

627.6474 Provider contracts.—

(1) A health insurer may not require a contracted health care practitioner as defined in s. 456.001(4) to accept the terms of other health care practitioner contracts with the insurer or any other insurer, or health maintenance organization, under common management and control with the insurer, including Medicare and Medicaid practitioner contracts and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or s. 641.315, except for a practitioner in a group practice as defined in s. 456.053 who must accept the terms of a contract negotiated for the practitioner by the group, as a condition of continuation or renewal of the contract. Any contract provision that violates this section is void. A violation of this subsection is not subject to the criminal penalty specified in s. 624.15.

(2) A contract between a health insurer and a dentist licensed under chapter 466 for the provision of services to an insured may not contain a provision that requires the dentist to provide services to the insured under such contract at a fee set by the health insurer unless such services are covered services under the applicable contract. As used in this subsection, the term “covered services” means dental care services for which a reimbursement is available under the insured’s contract, or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation.

(3)(a) A health insurer may not require an ophthalmologist licensed pursuant to chapter 458 or chapter 459 or an optometrist licensed pursuant to chapter 463 to join a network solely for the purpose of credentialing the licensee for another insurer’s vision network. This paragraph does not prevent a health insurer from entering into a contract with another insurer’s vision care plan to use the vision network.

(b) A health insurer may not restrict an ophthalmologist licensed pursuant to chapter 458 or chapter 459, an optometrist licensed pursuant to chapter 463, or an optician licensed pursuant to part I of chapter 484 to specific suppliers of materials or optical laboratories. This paragraph does not restrict a health insurer in determining specific amounts of coverage or reimbursement for the use of network or out-of-network suppliers or laboratories.

(c) A health insurer’s online vision care network provider directory must be updated monthly to reflect the vision care providers currently participating in the health insurer’s network.

(d) A knowing violation of paragraph (a) or paragraph (b) constitutes an unfair insurance trade practice under s. 626.9541(1)(d).

History.—s. 1, ch. 2001-107; s. 1, ch. 2014-64; s. 1, ch. 2016-69.

F.S. 627.6474 on Google Scholar

F.S. 627.6474 on Casetext

Amendments to 627.6474

Arrestable Offenses / Crimes under Fla. Stat. 627.6474

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.6474.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC. v. QBE INSURANCE CORPORATION, v. QBE v. QBE, 695 F.3d 1215 (11th Cir. 2012)

. . . See, e.g., § 627.6474, Fla. . . .

QBE INSURANCE CORPORATION, v. CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC., 94 So. 3d 541 (Fla. 2012)

. . . See, e.g., § 627.6474, Fla. . . .

EL- AD ENCLAVE AT MIRAMAR CONDOMINIUM ASSOCIATION, INC. v. MT. HAWLEY INSURANCE COMPANY,, 752 F. Supp. 2d 1282 (S.D. Fla. 2010)

. . . See, e.g., §§ 627.6474 (“[a]ny contract provision that violates this section is void”), 627.415 (“[a] . . .

VISION I HOMEOWNERS ASSOCIATION, INC. a v. ASPEN SPECIALTY INSURANCE COMPANY, a, 643 F. Supp. 2d 1356 (S.D. Fla. 2009)

. . . See, e.g., Section 627.6474 (stating that “[a]ny contract provision that violates this section [about . . .

CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC. v. QBE INSURANCE CORPORATION,, 526 F. Supp. 2d 1251 (S.D. Fla. 2007)

. . . See, e.g., Section 627.6474 (stating that “[a]ny contract provision that violates this section [about . . .