SLS 12RS-1326 ENGROSSED 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, accountable care organization, plan10 or contract of insurance or any medical or hospital service contract or hospital and11 medical service contract issued or delivered in this state provides for reimbursement12 of any visual services which that are within the lawful scope of practice of a duly13 licensed optometrist as defined in R.S. 37:1041, (5), there shall be no14 discrimination in the amount of either:15 (1) Medical eye care or vision care benefits available to an insured,16 participant, or other person entitled to such benefits, whether provided by an17 SB NO. 669 SLS 12RS-1326 ENGROSSED Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. optometrist or physician, in instances where the services performed are within1 the lawful scope of practice of both professions.2 (2) Reimbursements or payments to the provider of such medical eye3 care or vision care services, whether performed by an optometrist or physician,4 in instances where the services performed are within the lawful scope of5 practice of both professions. the insured or other person entitled to benefits under6 such contract shall be entitled to reimbursements for such services, whether such7 services are performed by a duly licensed physician or a duly licensed optometrist,8 not withstanding any provision of the law to the contrary or any provision in any9 such contract; duly licensed optometrist shall be entitled to participate in such10 contracts providing for visual services to the same extent as duly licensed physicians.11 There shall be no discrimination in the amount of reimbursement allowed for such12 visual services, whether performed by an optometrist or physician, in instances13 where the services performed are within the lawful scope of practice of both14 professions.15 B. A duly licensed optometrist shall be entitled to participate in16 contracts or plans providing for medical eye care or vision care services as a17 healthcare provider or otherwise, to the same extent as a duly licensed18 physician, and there shall be no discrimination against any provider, whether19 an optometrist or physician, who is located within the geographic area of the20 health maintenance organization, preferred provider organization, managed21 care organization, accountable care organization, or plan or contract of22 insurance. A health maintenance organization, preferred provider23 organization, managed care organization, accountable care organization, plan24 or contract of insurance, or any medical or hospital service contract shall not25 impose a co-payment, co-insurance amount, or any other fee on a covered26 participant or insured that is greater than the amount charged for the same27 service when provided by an allopathic physician or an osteopathic physician.28 C. It shall be unlawful for a health maintenance organization, preferred29 SB NO. 669 SLS 12RS-1326 ENGROSSED Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. provider organization, managed care organization, accountable care1 organization, or plan or contract of insurance to require a duly licensed2 optometrist to participate as a provider in another medical or vision care plan3 or contract as a condition of or requirement for participation by such duly4 licensed optometrist as a provider in any medical or vision care plan or5 contract.6 The original instrument was prepared by Cheryl Horne. The following digest, which does not constitute a part of the legislative instrument, was prepared by Laura Gail Sullivan. DIGEST Ward (SB 669) 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, accountable 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, accountable 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, managed care organization, accountable care SB NO. 669 SLS 12RS-1326 ENGROSSED Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. organization, or plan or contract of insurance from requiring a duly licensed optometrist to participate as a provider in another medical or vision care plan 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) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Insurance to the original bill 1. Includes accountable care organizations in proposed law.