Florida House Committee Passes Bill to Expand Healthcare Freedom

TALLAHASSEE, Fla. (Nov. 15, 2017) – Yesterday, a Florida House committee unanimously passed a bill that would help facilitate healthcare freedom outside of government regulatory schemes.

Rep. Daniel Burgess (R-Zephyrhills) prefiled House Bill 37 (HB37) on Aug. 23. The legislation specifies that direct primary care agreements (sometimes called medical retainer agreements) do not constitute insurance, thereby freeing doctors and patients from the onerous requirements and regulations under the state insurance code. The bill also stipulates that a primary care provider or an agent of a primary care provider is not required to obtain a certificate of authority or license under the Florida Insurance Code to market, sell, or offer to sell a direct primary care agreement.

HB37 also includes provisions defining direct primary care agreements and establishing modest requirements.

The House Health and Human Services Committee passed HB37 Tuesday by a 19-0 vote.

A companion bill (SB80) is also moving forward in the Senate. Last month, the Senate Committee on Banking and Insurance passed SB80 by a 10-0 vote. It then moved to Senate Health Policy Committee where it passed 8-0 on Oct. 24.

Similar legislation overwhelmingly passed the Florida House during the 2017 session, but it died in the Senate.

According to Michigan Capitol Confidential, by removing a third party payer from the equation, medical retainer agreements help both physicians and patients minimize costs. Jack Spencer writes:

“Under medical retainer agreements, patients make monthly payments to a physician who in return agrees to provide a menu of routine services at no extra charge. Because no insurance company stands between patient and doctor, the hassles and expense of bureaucratic red tape are eliminated, which have resulted in dramatic cost reductions. Routine primary care services (and the bureaucracy required to reimburse them) are estimated to consume 40 cents out of every dollar spent on insurance policies, so lower premiums for a given amount of coverage are another potential benefit.”

This represents the kind of cost control Obamacare promised but failed to deliver. Last fall, Tom Woods interviewed a Kansas doctor who utilizes the direct primary care model. Dr. Josh Umbehr’s practice demonstrates the cost savings possible when doctors are unfettered from the bureaucratic health insurance system.

Under Obamacare, regulations define such programs as a primary care service and not a health insurance plan, and current IRS policy treats these monthly fee arrangements just like another health plan.


At this point, it doesn’t look like Republicans will repeal or even reform Obamacare, and the changes to the ACA proposed by the GOP would have arguably made things worse. Regardless, state actions can help completely bring down the Affordable Care Act, or any national healthcare plan the Congress comes up with in the future.

Oftentimes, supporters of Obamacare criticize opponents for not having any alternative. Direct primary care offers one.

These direct patient/doctor agreements allow a system uncontrolled by government regulations to develop. It makes doctors responsive to patients, not insurance company bureaucrats or government rule-makers. Allowing patients to contract directly with doctors via medical retainer agreements opens the market. Under such agreements, market forces will set price for services based on demand instead of relying on central planners with a political agenda. The end result will be better care delivered at a lower cost.

By incentivizing creative healthcare solutions, the market will naturally provide better options, such as the Surgery Center of Oklahoma, This facility operates completely outside of the insurance system, providing a low-cost alternative for many surgical procedures.

A more open healthcare marketplace within a state will help spur de facto nullification the federal program by providing an affordable alternative. As patients flock to these arrangements and others spurred by ingenuity and market forces, the old system will begin to crumble.

Passage of HB37 would take the first step toward healthcare freedom in Florida and would create a stepping stone to further action to nullify the onerous Affordable Care act. Once in place, Floridians could take further steps to fully extricate themselves from Obamacare for good.

For more information on a plan to nullify the PPACA, click HERE.


In the Florida legislative process, bills go through several committees before moving to the full chamber for a vote. At the time of this report, HB37 had not been referred to another committee. SB80 was referred to the Senate Appropriations Committee. The Florida 2018 legislative session won’t officially begin until Jan. 9, although committee work has already commenced.

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