CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Saunders moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 55, between lines 16 and 17,

15

16  insert:

17         Section 34.  Section 455.557, Florida Statutes, 1998

18  Supplement, is amended to read:

19         455.557  Standardized credentialing for health care

20  practitioners.--

21         (1)  INTENT.--The Legislature recognizes that an

22  efficient and effective health care practitioner credentialing

23  program helps to ensure access to quality health care and also

24  recognizes that health care practitioner credentialing

25  activities have increased significantly as a result of health

26  care reform and recent changes in health care delivery and

27  reimbursement systems. Moreover, the resulting duplication of

28  health care practitioner credentialing activities is

29  unnecessarily costly and cumbersome for both the practitioner

30  and the entity granting practice privileges. Therefore, it is

31  the intent of this section that a mandatory credentials

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  collection verification program be established which provides

 2  that, once a health care practitioner's core credentials data

 3  are collected, validated, maintained, and stored, they need

 4  not be collected again, except for corrections, updates, and

 5  modifications thereto. Participation Mandatory credentialing

 6  under this section shall initially include those individuals

 7  licensed under chapter 458, chapter 459, chapter 460, or

 8  chapter 461. However, the department shall, with the approval

 9  of the applicable board, include other professions under the

10  jurisdiction of the Division of Medical Quality Assurance in

11  this credentialing program, provided they meet the

12  requirements of s. 455.565.

13         (2)  DEFINITIONS.--As used in this section, the term:

14         (a)  "Advisory council" or "council" means the

15  Credentials Verification Advisory Council.

16         (b)  "Applicant" means an individual applying for

17  licensure or a current licensee applying for credentialing.

18         (b)(c)  "Certified" or "accredited," as applicable,

19  means approved by a quality assessment program, from the

20  National Committee for Quality Assurance, the Joint Commission

21  on Accreditation of Healthcare Organizations, the American

22  Accreditation HealthCare Commission/URAC Utilization Review

23  Accreditation Commission, or any such other nationally

24  recognized and accepted organization authorized by the

25  department, used to assess and certify any credentials

26  verification program, entity, or organization that verifies

27  the credentials of any health care practitioner.

28         (c)(d)  "Core credentials data" means the following

29  data: current name, any former name, and any alias, any

30  professional education, professional training, peer

31  references, licensure, current Drug Enforcement Administration

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  certification, social security number, specialty board

 2  certification, Educational Commission for Foreign Medical

 3  Graduates certification information, hospital or affiliations,

 4  managed care organization affiliations, other institutional

 5  affiliations, professional society memberships, evidence of

 6  professional liability coverage or evidence of financial

 7  responsibility as required by s. 458.320 or s. 459.0085

 8  insurance, history of claims, suits, judgments, or

 9  settlements, final disciplinary action reported pursuant to s.

10  455.565(1)(a)8., and Medicare or Medicaid sanctions, civil or

11  criminal law violations, practitioner profiling data, special

12  conditions of impairment, or regulatory exemptions not

13  previously reported to the department in accordance with both

14  s. 455.565 and the initial licensure reporting requirements

15  specified in the applicable practice act.

16         (d)(e)  "Credential" or "credentialing" means the

17  process of assessing and verifying validating the

18  qualifications of a licensed health care practitioner or

19  applicant for licensure as a health care practitioner.

20         (e)(f)  "Credentials verification organization entity"

21  means any program, entity, or organization that is organized

22  and certified or accredited as a credentials verification

23  organization for the express purpose of collecting, verifying,

24  maintaining, storing, and providing to health care entities a

25  health care practitioner's total core credentials data,

26  including all corrections, updates, and modifications thereto,

27  as authorized by the health care practitioner and in

28  accordance with the provisions of this including all

29  corrections, updates, and modifications thereto, as authorized

30  by the health care practitioner and in accordance with the

31  provisions of this section. The division, once certified,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  shall be considered a credentials verification entity for all

 2  health care practitioners.

 3         (f)(g)  "Department" means the Department of Health,

 4  Division of Medical Quality Assurance.

 5         (g)(h)  "Designated credentials verification

 6  organization entity" means the credentials verification

 7  program, entity, or organization organized and certified or

 8  accredited for the express purpose of collecting, verifying,

 9  maintaining, storing, and providing to health care entities a

10  health care practitioner's total core credentials data,

11  including all corrections, updates, and modifications thereto,

12  which is selected by the health care practitioner as the

13  credentials verification entity for all inquiries into his or

14  her credentials, if the health care practitioner chooses to

15  make such a designation. Notwithstanding any such designation

16  by a health care practitioner, the division, once certified,

17  shall also be considered a designated credentials verification

18  entity for that health care practitioner.

19         (h)  "Drug Enforcement Administration certification"

20  means certification issued by the Drug Enforcement

21  Administration for purposes of administration or prescription

22  of controlled substances. Submission of such certification

23  under this section must include evidence that the

24  certification is current and must also include all current

25  addresses to which the certificate is issued.

26         (i)  "Division" means the Division of Medical Quality

27  Assurance within the Department of Health.

28         (i)(j)  "Health care entity" means:

29         1.  Any health care facility or other health care

30  organization licensed or certified to provide approved medical

31  and allied health services in this state Florida; or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         2.  Any entity licensed by the Department of Insurance

 2  as a prepaid health care plan or health maintenance

 3  organization or as an insurer to provide coverage for health

 4  care services through a network of providers; or

 5         3.  Any accredited medical school in this state.

 6         (j)(k)  "Health care practitioner" means any person

 7  licensed, or, for credentialing purposes only, any person

 8  applying for licensure, under chapter 458, chapter 459,

 9  chapter 460, or chapter 461 or any person licensed or applying

10  for licensure under a chapter subsequently made subject to

11  this section by the department with the approval of the

12  applicable board.

13         (k)  "Hospital or other institutional affiliations"

14  means each hospital or other institution for which the health

15  care practitioner or applicant has provided medical services.

16  Submission of such information under this section must

17  include, for each hospital or other institution, the name and

18  address of the hospital or institution, the staff status of

19  the health care practitioner or applicant at that hospital or

20  institution, and the dates of affiliation with that hospital

21  or institution.

22         (l)  "National accrediting organization" means an

23  organization that awards accreditation or certification to

24  hospitals, managed care organizations, credentials

25  verification organizations, or other health care

26  organizations, including, but not limited to, the Joint

27  Commission on Accreditation of Healthcare Organizations, the

28  American Accreditation HealthCare Commission/URAC, and the

29  National Committee for Quality Assurance.

30         (m)  "Professional training" means any internship,

31  residency, or fellowship relating to the profession for which

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  the health care practitioner is licensed or seeking licensure.

 2         (n)  "Specialty board certification" means

 3  certification in a specialty issued by a specialty board

 4  recognized by the board in this state that regulates the

 5  profession for which the health care practitioner is licensed

 6  or seeking licensure.

 7         (m)  "Primary source verification" means verification

 8  of professional qualifications based on evidence obtained

 9  directly from the issuing source of the applicable

10  qualification.

11         (n)  "Recredentialing" means the process by which a

12  credentials verification entity verifies the credentials of a

13  health care practitioner whose core credentials data,

14  including all corrections, updates, and modifications thereto,

15  are currently on file with the entity.

16         (o)  "Secondary source verification" means confirmation

17  of a professional qualification by means other than primary

18  source verification, as outlined and approved by national

19  accrediting organizations.

20         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

21         (a)  Every health care practitioner shall:

22         1.  Report all core credentials data to the department

23  which is not already on file with the department, either by

24  designating a credentials verification organization to submit

25  the data or by submitting the data directly.

26         2.  Notify the department within 45 days of any

27  corrections, updates, or modifications to the core credentials

28  data either through his or her designated credentials

29  verification organization or by submitting the data directly.

30  Corrections, updates, and modifications to the core

31  credentials data provided the department under this section

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  shall comply with the updating requirements of s. 455.565(3)

 2  related to profiling.

 3         (b)(a)  In accordance with the provisions of this

 4  section, The department shall:

 5         1.  Maintain a complete, current file of core

 6  credentials data on each health care practitioner, which shall

 7  include all updates provided in accordance with subparagraph

 8  (3)(a)2.

 9         2.  Release the core credentials data that is otherwise

10  confidential or exempt from the provisions of chapter 119 and

11  s. 24(a), Art. I of the State Constitution and any

12  corrections, updates, and modifications thereto, if authorized

13  by the health care practitioner.

14         3.  Charge a fee to access the core credentials data,

15  which may not exceed the actual cost, including prorated setup

16  and operating costs, pursuant to the requirements of chapter

17  119. The actual cost shall be set in consultation with the

18  advisory council.

19         4.  Develop, in consultation with the advisory council,

20  standardized forms to be used by the health care practitioner

21  or designated credentials verification organization for the

22  initial reporting of core credentials data, for the health

23  care practitioner to authorize the release of core credentials

24  data, and for the subsequent reporting of corrections,

25  updates, and modifications thereto develop standardized forms

26  necessary for the creation of a standardized system as well as

27  guidelines for collecting, verifying, maintaining, storing,

28  and providing core credentials data on health care

29  practitioners through credentials verification entities,

30  except as otherwise provided in this section, for the purpose

31  of eliminating duplication. Once the core credentials data are

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  submitted, the health care practitioner is not required to

 2  resubmit this initial data when applying for practice

 3  privileges with health care entities. However, as provided in

 4  paragraph (d), each health care practitioner is responsible

 5  for providing any corrections, updates, and modifications to

 6  his or her core credentials data, to ensure that all

 7  credentialing data on the practitioner remains current.

 8  Nothing in this paragraph prevents the designated credentials

 9  verification entity from obtaining all necessary attestation

10  and release form signatures and dates.

11         5.(b)  Establish There is established a Credentials

12  Verification Advisory Council, consisting of 13 members, to

13  assist the department as provided in this section with the

14  development of guidelines for establishment of the

15  standardized credentials verification program. The secretary,

16  or his or her designee, shall serve as one member and chair of

17  the council and shall appoint the remaining 12 members. Except

18  for any initial lesser term required to achieve staggering,

19  such appointments shall be for 4-year staggered terms, with

20  one 4-year reappointment, as applicable. Three members shall

21  represent hospitals, and two members shall represent health

22  maintenance organizations. One member shall represent health

23  insurance entities. One member shall represent the credentials

24  verification industry. Two members shall represent physicians

25  licensed under chapter 458. One member shall represent

26  osteopathic physicians licensed under chapter 459. One member

27  shall represent chiropractic physicians licensed under chapter

28  460. One member shall represent podiatric physicians licensed

29  under chapter 461.

30         (c)  A registered credentials verification organization

31  may be designated by a health care practitioner to assist the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  health care practitioner to comply with the requirements of

 2  subsection (3)(a)2. A designated credentials verification

 3  organization shall:

 4         1.  Timely comply with the requirements of subsection

 5  (3)(a)2., pursuant to rules adopted by the department.

 6         2.  Not provide the health care practitioner's core

 7  data, including all corrections, updates, and modifications,

 8  without the authorization of the practitioner.

 9         (c)  The department, in consultation with the advisory

10  council, shall develop standard forms for the initial

11  reporting of core credentials data for credentialing purposes

12  and for the subsequent reporting of corrections, updates, and

13  modifications thereto for recredentialing purposes.

14         (d)  Each health care practitioner licensed under

15  chapter 458, chapter 459, chapter 460, or chapter 461, or any

16  person licensed under a chapter subsequently made subject to

17  this section, must report any action or information as defined

18  in paragraph (2)(d), including any correction, update, or

19  modification thereto, as soon as possible but not later than

20  30 days after such action occurs or such information is known,

21  to the department or his or her designated credentials

22  verification entity, if any, who must report it to the

23  department. In addition, a licensee must update, at least

24  quarterly, his or her data on a form prescribed by the

25  department.

26         (e)  An individual applying for licensure under chapter

27  458, chapter 459, chapter 460, or chapter 461, or any person

28  applying for licensure under a chapter subsequently made

29  subject to this section, must submit the individual's initial

30  core credentials data to a credentials verification entity, if

31  such information has not already been submitted to the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  department or the appropriate licensing board or to any other

 2  credentials verification entity.

 3         (f)  Applicants may decide which credentials

 4  verification entity they want to process and store their core

 5  credentials data; however, such data shall at all times be

 6  maintained by the department. An applicant may choose not to

 7  designate a credentials verification entity, provided the

 8  applicant has a written agreement with the health care entity

 9  or entities that are responsible for his or her credentialing.

10  In addition, any licensee may choose to move his or her core

11  credentials data from one credentials verification entity to

12  another.

13         (g)  Any health care entity that employs, contracts

14  with, or allows health care practitioners to treat its

15  patients must use the designated credentials verification

16  entity to obtain core credentials data on a health care

17  practitioner applying for privileges with that entity, if the

18  health care practitioner has made such a designation, or may

19  use the division in lieu thereof as the designated credentials

20  verification entity required for obtaining core credentials

21  data on such health care practitioner. Any additional

22  information required by the health care entity's credentialing

23  process may be collected from the primary source of that

24  information either by the health care entity or its contractee

25  or by the designated credentials verification entity.

26         (h)  Nothing in this section may be construed to

27  restrict the right of any health care entity to request

28  additional information necessary for credentialing.

29         (i)  Nothing in this section may be construed to

30  restrict access to the National Practitioner Data Bank by the

31  department, any health care entity, or any credentials

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  verification entity.

 2         (d)(j)  Nothing in This section shall not may be

 3  construed to restrict in any way the authority of the health

 4  care entity to credential and to approve or deny an

 5  application for hospital staff membership, clinical

 6  privileges, or managed care network participation.

 7         (4)  DELEGATION BY CONTRACT.--A health care entity may

 8  contract with any credentials verification entity to perform

 9  the functions required under this section. The submission of

10  an application for health care privileges with a health care

11  entity shall constitute authorization for the health care

12  entity to access the applicant's core credentials data with

13  the department or the applicant's designated credentials

14  verification entity, if the applicant has made such a

15  designation.

16         (5)  AVAILABILITY OF DATA COLLECTED.--

17         (a)  The department shall make available to a health

18  care entity or credentials verification entity registered with

19  the department all core credentials data it collects on any

20  licensee that is otherwise confidential and exempt from the

21  provisions of chapter 119 and s. 24(a), Art. I of the State

22  Constitution, including corrections, updates, and

23  modifications thereto, if a health care entity submits proof

24  of the licensee's current pending application for purposes of

25  credentialing the applicant based on the core credentials data

26  maintained by the department.

27         (b)  Each credentials verification entity shall make

28  available to a health care entity the licensee has authorized

29  to receive the data, and to the department at the credentials

30  verification entity's actual cost of providing the data, all

31  core credentials data it collects on any licensee, including

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  all corrections, updates, and modifications thereto.

 2         (c)  The department shall charge health care entities

 3  and other credentials verification entities a reasonable fee,

 4  pursuant to the requirements of chapter 119, to access all

 5  credentialing data it maintains on applicants and licensees.

 6  The fee shall be set in consultation with the advisory council

 7  and may not exceed the actual cost of providing the data.

 8         (4)(6)  DUPLICATION OF DATA PROHIBITED.--

 9         (a)  A health care entity or credentials verification

10  organization is prohibited from collecting or attempting may

11  not collect or attempt to collect duplicate core credentials

12  data from any individual health care practitioner or from any

13  primary source if the information is available from already on

14  file with the department or with any credentials verification

15  entity. This section shall not be construed to restrict the

16  right of any health care entity or credentials verification

17  organization to collect additional information from the health

18  care practitioner which is not included in the core

19  credentials data file. This section shall not be construed to

20  prohibit a health care entity or credentials verification

21  organization from obtaining all necessary attestation and

22  release form signatures and dates.

23         (b)  Effective July 1, 2002, a state agency in this

24  state which credentials health care practitioners may not

25  collect or attempt to collect duplicate core credentials data

26  from any individual health care practitioner if the

27  information is already available from the department. This

28  section shall not be construed to restrict the right of any

29  such state agency to request additional information not

30  included in the core credential data file, but which is deemed

31  necessary for the agency's specific credentialing purposes.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         (b)  A credentials verification entity other than the

 2  department may not attempt to collect duplicate core

 3  credentials data from any individual health care practitioner

 4  if the information is already on file with another credentials

 5  verification entity or with the appropriate licensing board of

 6  another state, provided the other state's credentialing

 7  program meets national standards and is certified or

 8  accredited, as outlined by national accrediting organizations,

 9  and agrees to provide all data collected under such program on

10  that health care practitioner.

11         (7)  RELIABILITY OF DATA.--Any credentials verification

12  entity may rely upon core credentials data, including all

13  corrections, updates, and modifications thereto, from the

14  department if the department certifies that the information

15  was obtained in accordance with primary source verification

16  procedures; and the department may rely upon core credentials

17  data, including all corrections, updates, and modifications

18  thereto, from any credentials verification entity if the

19  designated credentials verification entity certifies that the

20  information was obtained in accordance with primary source

21  verification procedures.

22         (5)(8)  STANDARDS AND REGISTRATION.--

23         (a)  The department's credentials verification

24  procedures must meet national standards, as outlined by

25  national accrediting organizations.

26         (b)  Any credentials verification organization entity

27  that does business in this state Florida must be fully

28  accredited or certified as a credentials verification

29  organization meet national standards, as outlined by a

30  national accrediting organization as specified in paragraph

31  (2)(b) organizations, and must register with the department.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  The department may charge a reasonable registration fee, set

 2  in consultation with the advisory council, not to exceed an

 3  amount sufficient to cover its actual expenses in providing

 4  and enforcing for such registration. The department shall

 5  establish by rule for biennial renewal of such registration.

 6  Failure by a registered Any credentials verification

 7  organization to maintain full accreditation or certification,

 8  to provide data as authorized by the health care practitioner,

 9  to report to the department changes, updates, and

10  modifications to a health care practitioner's records within

11  the time period specified in subparagraph (3)(a)2., or to

12  comply with the prohibition against collection of duplicate

13  core credentials data from a practitioner may result in denial

14  of an application for renewal of registration or in revocation

15  or suspension of a registration entity that fails to meet the

16  standards required to be certified or accredited, fails to

17  register with the department, or fails to provide data

18  collected on a health care practitioner may not be selected as

19  the designated credentials verification entity for any health

20  care practitioner.

21         (6)(9)  LIABILITY.--No civil, criminal, or

22  administrative action may be instituted, and there shall be no

23  liability, against any registered credentials verification

24  organization or health care entity on account of its reliance

25  on any data obtained directly from the department a

26  credentials verification entity.

27         (10)  REVIEW.--Before releasing a health care

28  practitioner's core credentials data from its data bank, a

29  designated credentials verification entity other than the

30  department must provide the practitioner up to 30 days to

31  review such data and make any corrections of fact.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         (11)  VALIDATION OF CREDENTIALS.--Except as otherwise

 2  acceptable to the health care entity and applicable certifying

 3  or accrediting organization listed in paragraph (2)(c), the

 4  department and all credentials verification entities must

 5  perform primary source verification of all credentialing

 6  information submitted to them pursuant to this section;

 7  however, secondary source verification may be utilized if

 8  there is a documented attempt to contact primary sources. The

 9  validation procedures used by the department and credentials

10  verification entities must meet the standards established by

11  rule pursuant to this section.

12         (7)(12)  LIABILITY INSURANCE REQUIREMENTS.--The

13  department, in consultation with the Credentials Verification

14  Advisory Council, shall establish the minimum liability

15  insurance requirements for Each credentials verification

16  organization entity doing business in this state shall

17  maintain liability insurance appropriate to meet the

18  certification or accreditation requirements established in

19  this section.

20         (8)(13)  RULES.--The department, in consultation with

21  the advisory council applicable board, shall adopt rules

22  necessary to develop and implement the standardized core

23  credentials data collection verification program established

24  by this section.

25         (9)  COUNCIL ABOLISHED; DEPARTMENT AUTHORITY.--The

26  council shall be abolished October 1, 1999. After the council

27  is abolished, all duties of the department required under this

28  section to be in consultation with the council may be carried

29  out by the department on its own.

30

31  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 4, line 1, after the semicolon,

 4

 5  insert:

 6         amending s. 455.557, F.S.; revising the

 7         credentials collection program for health care

 8         practitioners; revising and providing

 9         definitions; providing requirements for health

10         care practitioners and the Department of Health

11         under the program; renaming the advisory

12         council and abolishing it at a future date;

13         prohibiting duplication of data available from

14         the department; authorizing collection of

15         certain other information; revising

16         requirements for registration of credentials

17         verification organizations; providing for

18         biennial renewal of registration; providing

19         grounds for suspension or revocation of

20         registration; revising liability insurance

21         requirements; revising rulemaking authority;

22         specifying authority of the department after

23         the council is abolished;

24

25

26

27

28

29

30

31

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