SLS 12RS-1326 ORIGINAL Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 669 BY SENATOR WARD HEALTH/ACC INSURANCE. Provide with respect to eye or vision care services provided by choice of practitioners. (8/1/12) AN ACT1 To amend and reenact R.S. 22:997, relative to visual services and choice of practitioners; to2 provide with respect to vision care services performed by a licensed optometrist; and3 to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 22:997 is hereby amended and reenacted to read as follows:6 ยง997. Visual services, choice of practitioners7 A. Whenever any medical eye care or vision care benefits are provided by8 or available through a health maintenance organization, preferred provider9 organization, managed care organization, plan or contract of insurance or any10 medical or hospital service contract or hospital and medical service contract issued11 or delivered in this state provides for reimbursement of any visual services which12 that are within the lawful scope of practice of a duly licensed optometrist as defined13 in R.S. 37:1041, (5), there shall be no discrimination in the amount of either:14 (1) Medical eye care or vision care benefits available to an insured,15 participant, or other person entitled to such benefits, whether provided by an16 optometrist or physician, in instances where the services performed are within17 SB NO. 669 SLS 12RS-1326 ORIGINAL Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. the lawful scope of practice of both professions.1 (2) Reimbursements or payments to the provider of such medical eye2 care or vision care services, whether performed by an optometrist or physician,3 in instances where the services performed are within the lawful scope of4 practice of both professions. the insured or other person entitled to benefits under5 such contract shall be entitled to reimbursements for such services, whether such6 services are performed by a duly licensed physician or a duly licensed optometrist,7 not withstanding any provision of the law to the contrary or any provision in any8 such contract; duly licensed optometrist shall be entitled to participate in such9 contracts providing for visual services to the same extent as duly licensed physicians.10 There shall be no discrimination in the amount of reimbursement allowed for such11 visual services, whether performed by an optometrist or physician, in instances12 where the services performed are within the lawful scope of practice of both13 professions.14 B. A duly licensed optometrist shall be entitled to participate in15 contracts or plans providing for medical eye care or vision care services as a16 healthcare provider or otherwise, to the same extent as a duly licensed17 physician, and there shall be no discrimination against any provider, whether18 an optometrist or physician, who is located within the geographic area of the19 health maintenance organization, preferred provider organization, managed20 care organization, or plan or contract of insurance. A health maintenance21 organization, preferred provider organization, managed care organization,22 plan or contract of insurance, or any medical or hospital service contract shall23 not impose a co-payment, co-insurance amount, or any other fee on a covered24 participant or insured that is greater than the amount charged for the same25 service when provided by an allopathic physician or an osteopathic physician.26 C. It shall be unlawful for a health maintenance organization, preferred27 provider organization, managed care organization, or plan or contract of28 insurance to require a duly licensed optometrist to participate as a provider in29 SB NO. 669 SLS 12RS-1326 ORIGINAL Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. another medical or vision care plan or contract as a condition of or requirement1 for participation by such duly licensed optometrist as a provider in any medical2 or vision care plan or contract.3 D. The requirements of this Section shall also apply to all healthcare4 providers and insurance companies as well as any healthcare benefits delivered5 through a health maintenance organization as defined in R.S. 22:242(7), or a6 managed care organization as defined in R.S. 40:2207(C)(1), or a preferred7 provider organization as defined in R.S. 40:2202(5)(a).8 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Horne. DIGEST Present law provides whenever any contract of insurance, or medical or hospital service contract, or hospital and medical service contract issued in La. provides for reimbursement of any visual services which are within the lawful scope of practice by a duly licensed optometrist, the person entitled to benefits under such contract shall be entitled to reimbursements for services, whether performed by a duly licensed physician or optometrist. Further provides that licensed optometrists shall be entitled to participate in contracts for visual services to the same extent as licensed physicians. Prohibits discrimination in the amount of reimbursement allowed for visual services, whether performed by an optometrist or physician, in instances where the services performed are within the lawful scope of practice of both professions. Proposed law provides whenever any medical eye care benefits within the lawful scope of practice of a duly licensed optometrist as defined in present law, are provided by or available through a health maintenance organization ("HMO"), preferred provider organization ("PPO"), managed care organization, plan or contract of insurance, or any medical hospital service contract, discrimination is prohibited in the amount of either: 1. Medical eye care or vision care benefits available to any person entitled to benefits, whether provided by an optometrist or physician, in instances where the services performed are within the lawful scope of practice of both professions. 2. Reimbursements or payments to the provider of medical eye care or vision care services, whether performed by an optometrist or physician, in instances where the services performed are within the lawful scope of practice of both professions. Proposed law further provides that a duly licensed optometrist shall be entitled to participate in contracts or plans providing medical eye care or vision care services, as a healthcare provider or otherwise, to the same extent as licensed physicians. Further prohibits discrimination against any provider, whether optometrist or physician, who is located within the geographic area of the HMO, PPO, managed care organization, or plan or contract of insurance. Prohibits imposing a co-payment, co-insurance amount, or any other fee on a covered participant or insured that is greater than the amount charged for the same service when provided by an allopathic or osteopathic physician. Proposed law prohibits an HMO, a PPO, or plan or contract of insurance from requiring a duly licensed optometrist to participate as a provider in another medical or vision care plan SB NO. 669 SLS 12RS-1326 ORIGINAL Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. or contract as a condition of participation as a provider in any medical or vision care plan or contract. Effective August 1, 2012. (Amends R.S. 22:997)