Arizona 54th Legislature - 2nd Regular Session Status: Passed House 3 R cosponsors

HB 2643 — insurance; optometrists; contracts; covered services

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

283 added · 232 removed

Plain-language change summary

The recent amendment to House Bill 2643 modifies the regulations surrounding contracts between optometric service corporations and optometrists. Key changes include prohibiting contracts from requiring optometrists to provide services not covered by an individual's subscription plan and allowing optometrists to charge fees for vision services that are not part of the plan. This matters because it gives optometrists more flexibility to offer additional services directly to patients, potentially improving patient care and access to needed services.

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HB2643 - 542R - H-Commerce-Proposed Fifty-fourth Legislature                                                 Commerce Second Regular Session                                                  H.B.
HB2643 - 542R - H Ver       House Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HOUSE BILL 2643       AN ACT   Amending title 20, chapter 4, article 3, Arizona Revised Statutes, by adding section 20‑849;
  PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
Amending title 20, chapter 4, article 9, Arizona Revised Statutes, by adding section 20‑1057.18;
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 ":
Amending title 20, chapter 6, article 4, Arizona Revised Statutes, by adding section 20‑1342.07;
1." Strike lines through 15, insert:
Amending title 20, chapter 6, article 5, Arizona Revised Statutes, by adding sections 20‑1402.05 and 20‑1404.05;
“2.
relating to optometry.
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.
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
3.
Section 1.  Title 20, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 20-849, to read:
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.
START_STATUTE20-849.  Contracts;
B.
optometrists;
THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
covered services;
C.
definition A.  EXCEPT AS PROVIDED IN SUBSECTION C of this section, a contract, entered into or renewed on or after January 1, 2021, between an optometric service corporation and an optometrist who is licensed to practice in this state shall not:
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.  Require the optometrist to provide services to an individual covered under a subscription contract based on a fee set by the optometric service corporation unless the service for which the fee applies is a covered service under the individual's subscription contract.
1.
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.
PARTICIPATION IN THE OPTOMETRIC SERVICE CORPORATION NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
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.
2.
B.  THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
THE OPTOMETRIC SERVICE CORPORATION OFFERs EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
C.  THIS SECTION DOES NOT RESTRICT THE ABILITY OF AN OPTOMETRIC SERVICES corporation 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:
(a) PROMOTIONAL TREATMENT.
1.  PARTICIPATION IN THE OPTOMETRIC SERVICE CORPORATION NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
(b) MARKETING BENEFITS.
2.  THE OPTOMETRIC SERVICE CORPORATION OFFERs EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
(c) MATERIALS.
(a)  PROMOTIONAL TREATMENT.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
(b)  MARKETING BENEFITS.
D.
(c)  MATERIALS.
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 “:
(d)  CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
1.” Strike lines through 36, insert:
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.
“2.
E.  All contracts shall be in compliance with this section by the first renewal period on or after January 1, 2021, but not later than December 31, 2021.
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.
F.  For the purposes of this section, "covered service" means a service for which any reimbursement is available under a subscription contract without regard to contractual limitations by a deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment, exclusion or other limitation.
3.
END_STATUTE Sec. 2.  Title 20, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 20-1057.18, to read:
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.
START_STATUTE20-1057.18.  Contracts;
B.
optometrists;
THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
covered services;
C.
definition A.  EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, a contract, entered into or renewed on or after January 1, 2021, between a health care services organization and an optometrist who is licensed to practice in this state shall not:
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.  Require the optometrist to provide services to an individual covered under an evidence of coverage based on a fee set by the health care services organization unless the service for which the fee applies is a covered service under the individual's evidence of coverage.
1.
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.
PARTICIPATION IN THE HEALTH CARE SERVICES ORGANIZATION NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
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.
2.
B.  THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
THE HEALTH CARE SERVICES ORGANIZATION OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
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:
(a) PROMOTIONAL TREATMENT.
1.  PARTICIPATION IN THE HEALTH CARE SERVICES ORGANIZATION NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
(b) MARKETING BENEFITS.
2.  THE HEALTH CARE SERVICES ORGANIZATION OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
(c) MATERIALS.
(a)  PROMOTIONAL TREATMENT.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
(b)  MARKETING BENEFITS.
D.
(c)  MATERIALS.
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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 “:
(d)  CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
1.”  Strike lines 12 through 14, insert:
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.
“2.
E.  All contracts shall be in compliance with this section by the first renewal period on or after January 1, 2021, but not later than December 31, 2021.
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.
F.  For the purposes of this section, "covered service" means a service for which any reimbursement is available under an evidence of coverage without regard to contractual limitations by a deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment, exclusion or other limitation.
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.
END_STATUTE Sec. 3.  Title 20, chapter 6, article 4, Arizona Revised Statutes, is amended by adding section 20-1342.07, to read:
B.
START_STATUTE20-1342.07.  Contracts;
THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
optometrists;
C.
covered services;
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:
definition A.  EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, a contract, entered into or renewed on or after January 1, 2021, between a disability insurer and an optometrist who is licensed to practice in this state shall not:
1.
1.  Require the optometrist to provide services to an individual covered under a disability insurance policy based on a fee set by the disability insurer unless the service for which the fee applies is a covered service under the individual's disability insurance policy.
 PARTICIPATION IN THE DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
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.
2.
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.
THE DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
B.  THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
(a) PROMOTIONAL TREATMENT.
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:
(b) MARKETING BENEFITS.
1.  PARTICIPATION IN THE DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
(c) MATERIALS.
2.  THE DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A SPONSORED DISCOUNT PROGRAM, REGARDING:
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
(a)  PROMOTIONAL TREATMENT.
D.
(b)  MARKETING BENEFITS.
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 “:
(c)  MATERIALS.
1.” Strike lines through 34, insert:
(d)  CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
“2.
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.
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.
E.  All contracts shall be in compliance with this section by the first renewal period on or after January 1, 2021, but not later than December 31, 2021.
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.
F.  For the purposes of this section, "covered service" means a service for which any reimbursement is available under a disability insurance policy without regard to contractual limitations by a deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment, exclusion or other limitation.
B.
END_STATUTE Sec. 4.  Title 20, chapter 6, article 5, Arizona Revised Statutes, is amended by adding sections 20-1402.05 and 20-1404.05, to read:
THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
START_STATUTE20-1402.05.  Contracts;
C.
optometrists;
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:
covered services;
1.
definition A.  EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, a contract, entered into or renewed on or after January 1, 2021, between a group disability insurer and an optometrist who is licensed to practice in this state shall not:
PARTICIPATION IN THE GROUP DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
1.  Require the optometrist to provide services to an individual covered under a group disability insurance policy based on a fee set by the group disability insurer unless the service for which the fee applies is a covered service under the individual's group disability insurance policy.
2.
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.
THE GROUP DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A GROUP DISABILITY INSURER SPONSORED DISCOUNT PROGRAM, REGARDING:
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.
(a) PROMOTIONAL TREATMENT.
B.  THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
(b) MARKETING BENEFITS.
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:
(c) MATERIALS.
1.  PARTICIPATION IN THE GROUP DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
2.  THE GROUP DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A GROUP DISABILITY INSURER SPONSORED DISCOUNT PROGRAM, REGARDING:
D.
(a)  PROMOTIONAL TREATMENT.
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 “:
(b)  MARKETING BENEFITS.
1.” Page 3, strike lines 5 through 8, insert:
(c)  MATERIALS.
“2.
(d)  CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
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.
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.
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.
E.  All contracts shall be in compliance with this section by the first renewal period on or after January 1, 2021, but not later than December 31, 2021.
B.
F.  For the purposes of this section, "covered service" means a service for which any reimbursement is available under a group disability insurance policy without regard to contractual limitations by a deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment, exclusion or other limitation.
THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
END_STATUTE START_STATUTE20-1404.05.  Contracts;
C.
optometrists;
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:
covered services;
1.
definition A.  EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, a contract, entered into or renewed on or after January 1, 2021, between a blanket disability insurer and an optometrist who is licensed to practice in this state shall not:
PARTICIPATION IN THE BLANKET DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
1.  Require the optometrist to provide services to an individual covered under a blanket disability insurance policy based on a fee set by the blanket disability insurer unless the service for which the fee applies is a covered service under the individual's blanket disability insurance policy.
2.
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.
THE BLANKET DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A BLANKET DISABILITY INSURER SPONSORED DISCOUNT PROGRAM, REGARDING:
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.
(a) PROMOTIONAL TREATMENT.
B.  THIS SECTION APPLIES TO AN ADMINISTRATOR PROVIDING THIRD-PARTY ADMINISTRATION SERVICES OR A PROVIDER NETWORK FOR A VISION PLAN.
(b) MARKETING BENEFITS.
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:
(c) MATERIALS.
1.  PARTICIPATION IN THE BLANKET DISABILITY INSURER NETWORK IS NOT CONTINGENT ON PARTICIPATION IN THE SPONSORED DISCOUNT PROGRAM.
(d) CONTRACT TERMS FOR PROVIDING A COVERED SERVICE.
2.  THE BLANKET DISABILITY INSURER OFFERS EQUAL TREATMENT TO AN OPTOMETRIST WHO DOES NOT PARTICIPATE IN A BLANKET DISABILITY INSURER SPONSORED DISCOUNT PROGRAM, REGARDING:
D.
(a)  PROMOTIONAL TREATMENT.
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   JEFF WENINGER   2643WENINGER 02/10/2020 09:23 AM H:
(b)  MARKETING BENEFITS.
PRB/ls    
(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 blanket 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.
E.  All contracts shall be in compliance with this section by the first renewal period on or after January 1, 2021, but not later than December 31, 2021.
F.  For the purposes of this section, "covered service" means a service for which any reimbursement is available under a blanket disability insurance policy without regard to contractual limitations by a deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment, exclusion or other limitation.
END_STATUTE
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  1. DP

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  3. Transmit to Senate

  4. Senate First Reading

  5. PASSED

  6. DPA

  7. DPA

  8. DP

  9. House Second Reading

  10. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 88 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (88)

88 members have not signed on to this bill.

Show all 88 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 60 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 44000
Republican 12000
Democrat 4000
Total 60000
% of votes cast 100%0%0%0%
How each member voted (60)
Member Party Vote
Aaron Lieberman — Yea
Amish Shah — Yea
Andres Cano — Yea
Anthony T. Kern — Yea
Arlando Teller — Yea
Athena Salman — Yea
Becky A. Nutt — Yea
Ben Toma — Yea
Bob Thorpe — Yea
Bret Roberts — Yea
Charlene R. Fernandez — Yea
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Diego Rodriguez — Yea
Domingo DeGrazia — Yea
Gerae Peten — Yea
Isela Blanc — Yea
Jay Lawrence — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
John Fillmore — Yea
John M. Allen — Yea
Kelli Butler — Yea
Kelly Townsend — Yea
Kirsten Engel — Yea
Lorenzo Sierra — Yea
Michelle Udall — Yea
Nancy Barto — Yea
Noel W. Campbell — Yea
Pamela Powers Hannley — Yea
Randall Friese — Yea
Raquel Terán — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Pierce — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Rosanna Gabaldón Democrat Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Tony Rivero Republican Yea
Warren Petersen Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2643?
HB 2643 is sponsored by Jeff Weninger (Republican), David Livingston (Republican), Walt Blackman (Republican), Karen Fann, and Regina E. Cobb.
What is the current status of HB 2643?
This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2643?
Track HB 2643 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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