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;
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