COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2643
(Reference to printed bill)
Page 1, line 5, after “A.” insert “EXCEPT AS PROVIDED IN SUBSECTION C of this section,”
Line 7, after "not" insert ":
1."
Strike lines 12 through 15, insert:
“2. PROHIBIT AN OPTOMETRIST FROM OFFERING OR PROVIDING A VISION SERVICE THAT IS NOT A COVERED SERVICE TO A COVERED INDIVIDUAL AT A FEE DETERMINED BY THE OPTOMETRIST OR BY THE OPTOMETRIST AND THE COVERED INDIVIDUAL.
3. REQUIRE AN OPTOMETRIST TO USE ONE OR MORE SPECIFIC VENDORS TO REPLENISH THE OPTOMETRIST’S INVENTORY OF SPECTACLE LENSES AFTER THE OPTOMETRIST DISPENSES THE OPTOMETRIST’S INVENTORY TO ELIGIBLE MEMBERS OF THE VISION PLAN AS A COVERED VISION SERVICE.
B. THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
C. THIS SECTION DOES NOT RESTRICT THE ABILITY OF AN OPTOMETRIC SERVICES ORGANIZATION TO ENTER INTO A CONTRACT FOR AN OPTOMETRIST TO PARTICIPATE IN A DISCOUNT PROGRAM SPONSORED BY THE OPTOMETRIC SERVICE CORPORATION FOR SERVICES THAT ARE NOT COVERED if:
1. PARTICIPATION IN THE OPTOMETRIC SERVICE CORPORATION NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
2. THE OPTOMETRIC SERVICE CORPORATION OFFERs EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
(a) PROMOTIONAL TREATMENT.
(b) MARKETING BENEFITS.
(c) MATERIALS.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
D. NOTWITHSTANDING SUBSECTION C, paragraph 2, subdivision (d) of this section, AN OPTOMETRIC SERVICE CORPORATION, WHEN PROVIDING A TYPICALLY FORMATTED LIST OF OPTOMETRISTS IN THE OPTOMETRIC SERVICE CORPORATION NETWORK, MAY IDENTIFY WHETHER AN OPTOMETRIST PARTICIPATES IN A DISCOUNT PROGRAM FOR SERVICES NOT COVERED BY THE OPTOMETRIC SERVICE CORPORATION IF ALL LISTS STATE THAT OTHER DISCOUNTS MAY BE AVAILABLE WITH INDIVIDUAL OPTOMETRISTS.”
Reletter to conform
Page 1, line 26, after “A.” insert “EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION,”
Line 28, after “NOT” insert “:
1.”
Strike lines 33 through 36, insert:
“2. PROHIBIT AN OPTOMETRIST FROM OFFERING OR PROVIDING A VISION SERVICE THAT IS NOT A COVERED SERVICE TO A COVERED INDIVIDUAL AT A FEE DETERMINED BY THE OPTOMETRIST OR BY THE OPTOMETRIST AND THE COVERED INDIVIDUAL.
3. REQUIRE AN OPTOMETRIST TO USE ONE OR MORE SPECIFIC VENDORS TO REPLENISH THE OPTOMETRIST’S INVENTORY OF SPECTACLE LENSES AFTER THE OPTOMETRIST DISPENSES THE OPTOMETRIST’S INVENTORY TO ELIGIBLE MEMBERS OF THE VISION PLAN AS A COVERED VISION SERVICE.
B. THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
C. THIS SECTION DOES NOT RESTRICT THE ABILITY OF A HEALTH CARE SERVICES ORGANIZATION TO ENTER INTO A CONTRACT FOR AN OPTOMETRIST TO PARTICIPATE IN A DISCOUNT PROGRAM SPONSORED BY THE HEALTH CARE SERVICES ORGANIZATION FOR SERVICES THAT ARE NOT COVERED IF:
1. PARTICIPATION IN THE HEALTH CARE SERVICES ORGANIZATION NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
2. THE HEALTH CARE SERVICES ORGANIZATION OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
(a) PROMOTIONAL TREATMENT.
(b) MARKETING BENEFITS.
(c) MATERIALS.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
D. NOTWITHSTANDING SUBSECTION C, Paragraph 2, Subdivision (d) OF THIS SECTION, A HEALTH CARE SERVICES ORGANIZATION, WHEN PROVIDING A TYPICALLY FORMATTED LIST OF OPTOMETRISTS IN THE HEALTH CARE SERVICES ORGANIZATION NETWORK, MAY IDENTIFY WHETHER AN OPTOMETRIST PARTICIPATES IN A DISCOUNT PROGRAM FOR SERVICES NOT COVERED BY THE HEALTH CARE SERVICES ORGANIZATION IF ALL LISTS STATE THAT OTHER DISCOUNTS MAY BE AVAILABLE WITH INDIVIDUAL OPTOMETRISTS.”
Reletter to conform
Page 2, line 5, after “A.” insert “EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION,”
Line 7, after "NOT" insert “:
1.”
Strike lines 12 through 14, insert:
“2. PROHIBIT AN OPTOMETRIST FROM OFFERING OR PROVIDING A VISION SERVICE THAT IS NOT A COVERED SERVICE TO A COVERED INDIVIDUAL AT A FEE DETERMINED BY THE OPTOMETRIST OR BY THE OPTOMETRIST AND THE COVERED INDIVIDUAL.
3. REQUIRE AN OPTOMETRIST TO USE ONE OR MORE SPECIFIC VENDORS TO REPLENISH THE OPTOMETRIST’S INVENTORY OF SPECTACLE LENSES AFTER THE OPTOMETRIST DISPENSES THE OPTOMETRIST’S INVENTORY TO ELIGIBLE MEMBERS OF THE VISION PLAN AS A COVERED VISION SERVICE.
B. THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
C. THIS SECTION DOES NOT RESTRICT THE ABILITY OF A DISABILITY INSURER TO ENTER INTO A CONTRACT FOR AN OPTOMETRIST TO PARTICIPATE IN A DISCOUNT PROGRAM SPONSORED BY THE DISABILITY INSURER FOR SERVICES THAT ARE NOT COVERED IF:
1. PARTICIPATION IN THE DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
2. THE DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
(a) PROMOTIONAL TREATMENT.
(b) MARKETING BENEFITS.
(c) MATERIALS.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
D. NOTWITHSTANDING SUBSECTION C, Paragraph 2, Subdivision (d) OF THIS SECTION, A DISABILITY INSURER, WHEN PROVIDING A TYPICALLY FORMATTED LIST OF OPTOMETRISTS IN THE DISABILITY INSURER NETWORK, MAY IDENTIFY WHETHER AN OPTOMETRIST PARTICIPATES IN A DISCOUNT PROGRAM FOR SERVICES NOT COVERED BY THE DISABILITY INSURER, PROVIDED THAT ALL LISTS STATE THAT OTHER DISCOUNTS MAY BE AVAILABLE WITH INDIVIDUAL OPTOMETRISTS.”
Reletter to conform
Page 2, line 25, after “A.” insert “EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION,”
Line 27, insert after “NOT” insert “:
1.”
Strike lines 32 through 34, insert:
“2. PROHIBIT AN OPTOMETRIST FROM OFFERING OR PROVIDING A VISION SERVICE THAT IS NOT A COVERED SERVICE TO A COVERED INDIVIDUAL AT A FEE DETERMINED BY THE OPTOMETRIST OR BY THE OPTOMETRIST AND THE COVERED INDIVIDUAL.
3. REQUIRE AN OPTOMETRIST TO USE ONE OR MORE SPECIFIC VENDORS TO REPLENISH THE OPTOMETRIST’S INVENTORY OF SPECTACLE LENSES AFTER THE OPTOMETRIST DISPENSES THE OPTOMETRIST’S INVENTORY TO ELIGIBLE MEMBERS OF THE VISION PLAN AS A COVERED VISION SERVICE.
B. THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
C. THIS SECTION DOES NOT PROHIBIT THE ABILITY OF A GROUP DISABILITY INSURER TO ENTER INTO A CONTRACT FOR AN OPTOMETRIST TO PARTICIPATE IN A DISCOUNT PROGRAM SPONSORED BY THE GROUP DISABILITY INSURER FOR SERVICES THAT ARE NOT COVERED IF:
1. PARTICIPATION IN THE GROUP DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
2. THE GROUP DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A GROUP DISABILITY INSURER SPONSORED DISCOUNT PROGRAM, REGARDING:
(a) PROMOTIONAL TREATMENT.
(b) MARKETING BENEFITS.
(c) MATERIALS.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
D. NOTWITHSTANDING SUBSECTION C, paragraph 2, subdivision (d) OF THIS SECTION, A GROUP DISABILITY INSURER, WHEN PROVIDING A TYPICALLY FORMATTED LIST OF OPTOMETRISTS IN THE GROUP DISABILITY INSURER NETWORK, MAY IDENTIFY WHETHER AN OPTOMETRIST PARTICIPATES IN A DISCOUNT PROGRAM FOR SERVICES NOT COVERED BY THE GROUP DISABILITY INSURER PROVIDED THAT ALL LISTS STATE THAT OTHER DISCOUNTS MAY BE AVAILABLE WITH INDIVIDUAL OPTOMETRISTS.”
Reletter to conform
Page 2, line 43, after “A.” insert “EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION,”
Line 45, after “NOT” insert “:
1.”
Page 3, strike lines 5 through 8, insert:
“2. PROHIBIT AN OPTOMETRIST FROM OFFERING OR PROVIDING A VISION SERVICE THAT IS NOT A COVERED SERVICE TO A COVERED INDIVIDUAL AT A FEE DETERMINED BY THE OPTOMETRIST OR BY THE OPTOMETRIST AND THE COVERED INDIVIDUAL.
3. REQUIRE AN OPTOMETRIST TO USE ONE OR MORE SPECIFIC VENDORS TO REPLENISH THE OPTOMETRIST’S INVENTORY OF SPECTACLE LENSES AFTER THE OPTOMETRIST DISPENSES THE OPTOMETRIST’S INVENTORY TO ELIGIBLE MEMBERS OF THE VISION PLAN AS A COVERED VISION SERVICE.
B. THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
C. THIS SECTION DOES NOT PROHIBIT THE ABILITY OF A BLANKET DISABILITY INSURER TO ENTER INTO A CONTRACT FOR AN OPTOMETRIST TO PARTICIPATE IN A DISCOUNT PROGRAM SPONSORED BY THE BLANKET DISABILITY INSURER FOR SERVICES THAT ARE NOT COVERED IF:
1. PARTICIPATION IN THE BLANKET DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
2. THE BLANKET DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A BLANKET DISABILITY INSURER SPONSORED DISCOUNT PROGRAM, REGARDING:
(a) PROMOTIONAL TREATMENT.
(b) MARKETING BENEFITS.
(c) MATERIALS.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
D. NOTWITHSTANDING SUBSECTION C, Paragraph 2, Subdivision (d) OF THIS SECTION, A BLANKET DISABILITY INSURER, WHEN PROVIDING A TYPICALLY FORMATTED LIST OF OPTOMETRISTS IN THE GROUP DISABILITY INSURER NETWORK, MAY IDENTIFY WHETHER AN OPTOMETRIST PARTICIPATES IN A DISCOUNT PROGRAM FOR SERVICES NOT COVERED BY THE BLANKET DISABILITY INSURER PROVIDED THAT ALL LISTS STATE THAT OTHER DISCOUNTS MAY BE AVAILABLE WITH INDIVIDUAL OPTOMETRISTS.”
Reletter to conform
Amend title to conform