Senate Bill 2438

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    Florida Senate - 1999                                  SB 2438

    By Senator Latvala





    19-1463A-99

  1                      A bill to be entitled

  2         An act relating to health care providers;

  3         amending s. 455.654, F.S.; redefining the term

  4         "referral" as used in the Patient Self-Referral

  5         Act of 1992 to exclude the orders,

  6         recommendations, or plans by specified

  7         providers; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Paragraph (k) of subsection (3) of section

12  455.654, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         455.654  Financial arrangements between referring

15  health care providers and providers of health care services.--

16         (3)  DEFINITIONS.--For the purpose of this section, the

17  word, phrase, or term:

18         (k)1.  "Referral" means any referral of a patient by a

19  health care provider for health care services, including,

20  without limitation:

21         a.1.  The forwarding of a patient by a health care

22  provider to another health care provider or to an entity which

23  provides or supplies designated health services or any other

24  health care item or service; or

25         b.2.  The request or establishment of a plan of care by

26  a health care provider, which includes the provision of

27  designated health services or other health care item or

28  service.

29         2.3.  The following orders, recommendations, or plans

30  of care shall not constitute a referral by a health care

31  provider:

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    Florida Senate - 1999                                  SB 2438
    19-1463A-99




  1         a.  By a radiologist for diagnostic-imaging services.

  2         b.  By a health care provider to a radiologist in a

  3  group practice for the diagnostic imaging services customarily

  4  provided by that radiologist in the group practice, if the

  5  referring health care provider has no investment interest in

  6  the group practice. However, the number of patients referred

  7  to the radiologist in the group practice may not exceed 10

  8  percent of the total number of patients receiving diagnostic

  9  imaging services from the group practice.

10         c.b.  By a physician specializing in the provision of

11  radiation therapy services for such services.

12         d.c.  By a medical oncologist for drugs and solutions

13  to be prepared and administered intravenously to such

14  oncologist's patient, as well as for the supplies and

15  equipment used in connection therewith to treat such patient

16  for cancer and the complications thereof.

17         e.d.  By a cardiologist for cardiac catheterization

18  services, cardiovascular services, or cardiovascular

19  diagnostic imaging.

20         f.  By any health care provider to a cardiologist in a

21  group practice for the services listed in sub-subparagraph e.

22  if the referring health care provider has no investment

23  interest in the group practice. However, the number of

24  patients referred to the cardiologist in the group practice

25  may not exceed 10 percent of the total number of patients

26  receiving the services listed in sub-subparagraph e. from the

27  group practice.

28         g.e.  By a pathologist for diagnostic clinical

29  laboratory tests and pathological examination services, if

30  furnished by or under the supervision of such pathologist

31  pursuant to a consultation requested by another physician.

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    Florida Senate - 1999                                  SB 2438
    19-1463A-99




  1         h.f.  By a health care provider who is the sole

  2  provider or member of a group practice for designated health

  3  services or other health care items or services that are

  4  prescribed or provided solely for such referring health care

  5  provider's or group practice's own patients, and that are

  6  provided or performed by or under the direct supervision of

  7  such referring health care provider or group practice.

  8         i.g.  By a health care provider for services provided

  9  by an ambulatory surgical center licensed under chapter 395.

10         j.h.  By a health care provider for diagnostic clinical

11  laboratory services where such services are directly related

12  to renal dialysis.

13         k.i.  By a urologist for lithotripsy services.

14         l.j.  By a dentist for dental services performed by an

15  employee of or health care provider who is an independent

16  contractor with the dentist or group practice of which the

17  dentist is a member.

18         m.k.  By a physician for infusion therapy services to a

19  patient of that physician or a member of that physician's

20  group practice.

21         n.l.  By a nephrologist for renal dialysis services and

22  supplies.

23         o.  By a neurologist for nerve conduction studies,

24  evoked potentials studies, and electroencephalograms (EEGs).

25         p.  By a vascular surgeon for peripheral vascular

26  laboratories utilizing doppler and vascular ultrasound.

27         q.  By a physician specializing in physical

28  rehabilitative medicine or occupational and environmental

29  medicine for evaluation procedures and therapeutic services.

30         Section 2.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 2438
    19-1463A-99




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  2                          SENATE SUMMARY

  3    Redefines the term "referral" when used in reference to
      the Patient Self-Referral Act of 1992 to exclude the
  4    orders, recommendations, or plans by specified health
      care providers.
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