Senate Bill sb0062E

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    Florida Senate - 2002                                  SB 62-E

    By Senator Saunders





    25-2397-02

  1                      A bill to be entitled

  2         An act relating to health regulation; amending

  3         s. 20.43, F.S.; updating a reference to provide

  4         the name of a regulatory board under the

  5         Division of Medical Quality Assurance;

  6         eliminating the Department of Health's

  7         authority to enter into a contract with the

  8         Agency for Health Care Administration for

  9         consumer complaint services, investigations,

10         and prosecutorial services; repealing s.

11         456.047, F.S.; terminating the standardized

12         credentialing program for health care

13         practitioners; prohibiting the refund of moneys

14         collected through the credentialing program;

15         amending ss. 456.039, 456.0391, 456.077, F.S.;

16         removing references, to conform; amending s.

17         456.072, F.S.; revising provisions governing

18         grounds for discipline; amending s. 458.309,

19         F.S.; requiring accreditation of physician

20         offices in which surgery is performed; amending

21         s. 459.005, F.S.; requiring accreditation of

22         osteopathic physician offices in which surgery

23         is performed; amending s. 456.004, F.S.,

24         relating to powers and duties of the

25         department; requiring performance measures for

26         certain entities; amending s. 456.009, F.S.;

27         requiring performance measures for certain

28         legal and investigative services and annual

29         review of such services to determine whether

30         such performance measures are being met;

31         amending s. 456.011, F.S.; requiring regulatory

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    Florida Senate - 2002                                  SB 62-E
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 1         board committee meetings, including probable

 2         cause panels, to be held electronically unless

 3         certain conditions are met; amending s.

 4         456.026, F.S.; requiring inclusion of

 5         performance measures for certain entities in

 6         the department's annual report to the

 7         Legislature; creating s. 458.3093, F.S.;

 8         requiring submission of credentials for initial

 9         physician licensure to a national licensure

10         verification service; requiring verification of

11         such credentials by that service or an

12         equivalent program; creating s. 459.0053, F.S.;

13         requiring submission of credentials for initial

14         osteopathic physician licensure to a national

15         licensure verification service; requiring

16         verification of such credentials by that

17         service, a specified association, or an

18         equivalent program; amending ss. 458.331,

19         459.015, F.S.; revising the definition of the

20         term "repeated malpractice" for purposes of

21         disciplinary action against physicians and

22         osteopaths; increasing the monetary limits of

23         claims against certain health care providers

24         which result in investigation; amending s.

25         627.912, F.S.; raising the malpractice closed

26         claims reporting requirement amount; amending

27         s. 456.025, F.S.; eliminating certain

28         restrictions on the setting of licensure

29         renewal fees for health care practitioners;

30         creating s. 456.0165, F.S.; restricting the

31         costs that may be charged by educational

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    Florida Senate - 2002                                  SB 62-E
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 1         institutions hosting health care practitioner

 2         licensure examinations; amending s. 468.302,

 3         F.S.; authorizing certified nuclear medicine

 4         technologists to administer X radiation from

 5         certain devices under certain circumstances;

 6         exempting certain persons from radiologic

 7         technologist certification and providing

 8         certain training requirements for such

 9         exemption; amending s. 468.352, F.S.; revising

10         and providing definitions applicable to the

11         regulation of respiratory therapy; amending s.

12         468.355, F.S.; revising provisions relating to

13         respiratory therapy licensure and testing

14         requirements; amending s. 468.368, F.S.;

15         revising exemptions from respiratory therapy

16         licensure requirements; repealing s. 468.356,

17         F.S., relating to the approval of educational

18         programs; repealing s. 468.357, F.S., relating

19         to licensure by examination; renumbering ss.

20         381.0602, 381.6021, 381.6022, 381.6023,

21         381.6024, 381.6026, F.S., and renumbering and

22         amending ss. 381.60225, 381.6025, F.S., to move

23         provisions relating to organ and tissue

24         procurement, donation, and transplantation to

25         part V, ch. 765, F.S., relating to anatomical

26         gifts; conforming cross-references; amending

27         ss. 395.2050, 409.815, 765.5216, 765.522, F.S.;

28         conforming cross-references; amending s.

29         395.002, F.S.; defining the term "medically

30         unnecessary procedure"; amending s. 395.0161,

31         F.S.; requiring the Agency for Health Care

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    Florida Senate - 2002                                  SB 62-E
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 1         Administration to adopt rules governing the

 2         conduct of inspections or investigations;

 3         amending s. 395.0197, F.S.; revising provisions

 4         governing the internal risk management program;

 5         amending s. 456.0375, F.S.; redefining the term

 6         "clinic"; amending s. 465.019, F.S.; redefining

 7         the term "Class II institutional pharmacies";

 8         amending s. 631.57, F.S.; exempting medical

 9         professional liability insurance premiums from

10         an assessment; amending s. 766.101, F.S.;

11         redefining the term "medical review committee";

12         providing an appropriation for a feasibility

13         study; amending s. 393.064, F.S.; transferring

14         to the Department of Health the responsibility

15         for managing the Raymond C. Philips Research

16         and Education Unit; amending s. 627.6425, F.S.,

17         relating to renewability of individual

18         coverage; providing for circumstances relating

19         to nonrenewal or discontinuance of coverage;

20         amending s. 627.638, F.S.; revising

21         requirements relating to direct payment of

22         benefits to specified providers under certain

23         circumstances; amending s. 381.003, F.S.;

24         requiring the Department of Health to adopt

25         certain standards applicable to all

26         public-sector employers; requiring the

27         compilation and maintenance of certain

28         information by the department for use by

29         employers; amending ss. 765.510, 765.512,

30         765.516, 765.517, F.S.; amending the

31         declaration of legislative intent with respect

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    Florida Senate - 2002                                  SB 62-E
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 1         to certain anatomical gifts; prohibiting

 2         modification of a donor's intent; providing

 3         that a donor document is legally binding;

 4         authorizing specified persons to furnish

 5         donors' medical records upon request; revising

 6         procedures by which the terms of an anatomical

 7         gift may be amended or the gift may be revoked;

 8         revising rights and duties with respect to the

 9         disposition of a body at death; proscribing

10         legal liability; amending s. 381.0034, F.S.;

11         providing a requirement for instruction of

12         certain health care licensees on conditions

13         caused by nuclear, biological, and chemical

14         terrorism, as a condition of initial licensure,

15         and, in lieu of the requirement for instruction

16         on HIV and AIDS, as a condition of relicensure;

17         amending s. 381.0035, F.S.; providing a

18         requirement for instruction of employees at

19         certain health care facilities on conditions

20         caused by nuclear, biological, and chemical

21         terrorism, upon initial employment, and, in

22         lieu of the requirement of instruction on HIV

23         and AIDS, as biennial continuing education;

24         amending s. 401.23, F.S.; redefining the terms

25         "advanced life support" and "basic life

26         support"; defining the term "emergency medical

27         condition"; amending s. 401.27, F.S.; providing

28         that the course on conditions caused by

29         nuclear, biological, and chemical terrorism

30         shall count toward the total required hours for

31         biennial recertification of emergency medical

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 1         technicians and paramedics; amending s.

 2         456.033, F.S.; providing a requirement for

 3         instruction of certain health care

 4         practitioners on conditions caused by nuclear,

 5         biological, and chemical terrorism, as a

 6         condition of initial licensure, and, in lieu of

 7         the requirement for instruction on HIV and

 8         AIDS, as part of biennial relicensure; creating

 9         s. 456.0345, F.S.; providing continuing

10         education credits to health care practitioners

11         for certain life support training; amending ss.

12         458.319, 459.008, F.S.; conforming provisions

13         relating to exceptions to continuing education

14         requirements for physicians and osteopathic

15         physicians; amending ss. 401.2715, 633.35,

16         943.135, F.S.; authorizing the substitution of

17         a specified number of hours of qualifying

18         terrorism-response training for a like number

19         of hours of training required for

20         certification; creating s. 381.0421, F.S.;

21         requiring that individuals enrolled in a

22         postsecondary educational institution be

23         provided information regarding meningococcal

24         meningitis and hepatitis B vaccines and, if

25         residing in on-campus housing, provide

26         documentation of vaccination against

27         meningococcal meningitis and hepatitis B, or a

28         statement declining such vaccination; amending

29         s. 394.4574, F.S.; requiring publicly announced

30         meetings with respect to certain mental health

31         residents in assisted living; specifying

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    Florida Senate - 2002                                  SB 62-E
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 1         additional requirements for district plans;

 2         amending s. 394.74, F.S.; authorizing the

 3         Department of Children and Family Services to

 4         use case rates or per-capita contracts in

 5         contracting for the provision of services for

 6         local substance abuse and mental health

 7         programs; specifying additional requirements

 8         relating to such contracts; amending s.

 9         400.141, F.S.; revising requirements for

10         licensed nursing home facilities; amending s.

11         400.147, F.S.; revising reporting requirements;

12         requiring the Agency for Health Care

13         Administration to report to the Governor and

14         the Legislature concerning nursing homes;

15         amending s. 499.007, F.S.; redefining

16         circumstances that cause a drug or device to be

17         considered misbranded; amending s. 627.357,

18         F.S.; revising provisions governing medical

19         malpractice self-insurance; amending s. 631.54,

20         F.S.; redefining the term "member insurer";

21         transferring to the Department of Health the

22         powers, duties, functions, and assets that

23         relate to the consumer complaint services,

24         investigations, and prosecutorial services

25         performed by the Agency for Health Care

26         Administration under contract with the

27         department; transferring full-time equivalent

28         positions and the practitioner regulation

29         component from the agency to the department;

30         amending s. 408.7056, F.S.; redesignating the

31         Statewide Provider and Subscriber Assistance

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 1         Program as the Subscriber Assistance Program;

 2         requiring the Subscriber Assistance Panel to

 3         hold the record of a grievance hearing open for

 4         a specified period after the hearing; revising

 5         the Agency for Health Care Administration's

 6         authority to obtain records associated with

 7         subscriber grievances; requiring the Agency for

 8         Health Care Administration to impose a fine for

 9         each violation relating to the production of

10         records from a health care provider or managed

11         care entity; specifying procedures for handling

12         a tie vote by the Subscriber Assistance Panel;

13         specifying circumstances under which the agency

14         or the Department of Insurance may delay

15         issuance of a proposed final order or emergency

16         order recommended by the panel; requiring that

17         the Agency for Health Care Administration

18         develop a training program for panel members;

19         amending ss. 641.3154, 641.511, 641.58, F.S.;

20         redesignating the Statewide Provider and

21         Subscriber Assistance Panel as the Subscriber

22         Assistance Panel; requiring that a subscriber

23         or the provider acting on behalf of a

24         subscriber be notified of the right to submit a

25         written grievance if a case is unresolved;

26         amending s. 400.925, F.S.; eliminating the

27         regulation of certain home medical equipment by

28         the Agency for Health Care Administration;

29         amending s. 766.302, F.S.; defining the terms

30         "family member" and "family residential or

31         custodial care"; amending s. 766.31, F.S.;

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    Florida Senate - 2002                                  SB 62-E
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 1         authorizing compensation awards for

 2         professional or family residential or custodial

 3         care; amending s. 766.314, F.S.; revising

 4         requirements for assessments used for certain

 5         supervised personnel; amending s. 627.6475,

 6         F.S.; revising criteria for reinsuring

 7         individuals under an individual health

 8         reinsurance program; amending s. 627.667, F.S.;

 9         deleting an exception to an

10         extension-of-benefits application provision for

11         out-of-state group policies; amending s.

12         627.6692, F.S.; extending a time period for

13         premium payment for continuation of coverage;

14         amending s. 627.6699, F.S.; redefining terms;

15         authorizing certain small employers to enroll

16         with alternate carriers under certain

17         circumstances; revising certain criteria of the

18         small-employer health reinsurance program;

19         requiring the Insurance Commissioner to appoint

20         a health benefit plan committee to modify the

21         standard and basic health benefit plans;

22         amending s. 627.911, F.S.; including health

23         maintenance organizations under certain

24         information-reporting requirements; amending s.

25         627.9175, F.S.; revising health insurance

26         reporting requirements for insurers; amending

27         s. 627.9403, F.S.; clarifying application of

28         exceptions to certain long-term-care insurance

29         policy requirements for certain limited-benefit

30         policies; amending s. 641.31, F.S.; exempting

31         contracts of group health maintenance

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 1         organizations covering a specified number of

 2         persons from the requirements of filing with

 3         the department; specifying the standards for

 4         department approval and disapproval of a change

 5         in rates by a health maintenance organization;

 6         amending s. 641.3111, F.S.; revising

 7         extension-of-benefits requirements for group

 8         health maintenance contracts; providing

 9         legislative findings and intent; providing for

10         construction of laws enacted at the 2002

11         Regular Session in relation to this act;

12         providing effective dates.

13  

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

15  

16         Section 1.  Paragraph (g) of subsection (3) of section

17  20.43, Florida Statutes, is amended to read:

18         20.43  Department of Health.--There is created a

19  Department of Health.

20         (3)  The following divisions of the Department of

21  Health are established:

22         (g)  Division of Medical Quality Assurance, which is

23  responsible for the following boards and professions

24  established within the division:

25         1.  The Board of Acupuncture, created under chapter

26  457.

27         2.  The Board of Medicine, created under chapter 458.

28         3.  The Board of Osteopathic Medicine, created under

29  chapter 459.

30         4.  The Board of Chiropractic Medicine, created under

31  chapter 460.

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 1         5.  The Board of Podiatric Medicine, created under

 2  chapter 461.

 3         6.  Naturopathy, as provided under chapter 462.

 4         7.  The Board of Optometry, created under chapter 463.

 5         8.  The Board of Nursing, created under part I of

 6  chapter 464.

 7         9.  Nursing assistants, as provided under part II of

 8  chapter 464.

 9         10.  The Board of Pharmacy, created under chapter 465.

10         11.  The Board of Dentistry, created under chapter 466.

11         12.  Midwifery, as provided under chapter 467.

12         13.  The Board of Speech-Language Pathology and

13  Audiology, created under part I of chapter 468.

14         14.  The Board of Nursing Home Administrators, created

15  under part II of chapter 468.

16         15.  The Board of Occupational Therapy, created under

17  part III of chapter 468.

18         16.  The Board of Respiratory Care therapy, created as

19  provided under part V of chapter 468.

20         17.  Dietetics and nutrition practice, as provided

21  under part X of chapter 468.

22         18.  The Board of Athletic Training, created under part

23  XIII of chapter 468.

24         19.  The Board of Orthotists and Prosthetists, created

25  under part XIV of chapter 468.

26         20.  Electrolysis, as provided under chapter 478.

27         21.  The Board of Massage Therapy, created under

28  chapter 480.

29         22.  The Board of Clinical Laboratory Personnel,

30  created under part III of chapter 483.

31  

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 1         23.  Medical physicists, as provided under part IV of

 2  chapter 483.

 3         24.  The Board of Opticianry, created under part I of

 4  chapter 484.

 5         25.  The Board of Hearing Aid Specialists, created

 6  under part II of chapter 484.

 7         26.  The Board of Physical Therapy Practice, created

 8  under chapter 486.

 9         27.  The Board of Psychology, created under chapter

10  490.

11         28.  School psychologists, as provided under chapter

12  490.

13         29.  The Board of Clinical Social Work, Marriage and

14  Family Therapy, and Mental Health Counseling, created under

15  chapter 491.

16  

17  The department may contract with the Agency for Health Care

18  Administration who shall provide consumer complaint,

19  investigative, and prosecutorial services required by the

20  Division of Medical Quality Assurance, councils, or boards, as

21  appropriate.

22         Section 2.  Section 456.047, Florida Statutes, is

23  repealed.

24         Section 3.  All revenues associated with section

25  456.047, Florida Statutes, and collected by the Department of

26  Health on or before July 1, 2002, shall remain in the Medical

27  Quality Assurance Trust Fund, and no refunds shall be given.

28         Section 4.  Paragraph (d) of subsection (4) of section

29  456.039, Florida Statutes, is amended to read:

30         456.039  Designated health care professionals;

31  information required for licensure.--

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 1         (4)

 2         (d)  Any applicant for initial licensure or renewal of

 3  licensure as a health care practitioner who submits to the

 4  Department of Health a set of fingerprints or information

 5  required for the criminal history check required under this

 6  section shall not be required to provide a subsequent set of

 7  fingerprints or other duplicate information required for a

 8  criminal history check to the Agency for Health Care

 9  Administration, the Department of Juvenile Justice, or the

10  Department of Children and Family Services for employment or

11  licensure with such agency or department if the applicant has

12  undergone a criminal history check as a condition of initial

13  licensure or licensure renewal as a health care practitioner

14  with the Department of Health or any of its regulatory boards,

15  notwithstanding any other provision of law to the contrary. In

16  lieu of such duplicate submission, the Agency for Health Care

17  Administration, the Department of Juvenile Justice, and the

18  Department of Children and Family Services shall obtain

19  criminal history information for employment or licensure of

20  health care practitioners by such agency and departments from

21  the Department of Health Health's health care practitioner

22  credentialing system.

23         Section 5.  Paragraph (d) of subsection (4) of section

24  456.0391, Florida Statutes, is amended to read:

25         456.0391  Advanced registered nurse practitioners;

26  information required for certification.--

27         (4)

28         (d)  Any applicant for initial certification or renewal

29  of certification as an advanced registered nurse practitioner

30  who submits to the Department of Health a set of fingerprints

31  and information required for the criminal history check

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 1  required under this section shall not be required to provide a

 2  subsequent set of fingerprints or other duplicate information

 3  required for a criminal history check to the Agency for Health

 4  Care Administration, the Department of Juvenile Justice, or

 5  the Department of Children and Family Services for employment

 6  or licensure with such agency or department, if the applicant

 7  has undergone a criminal history check as a condition of

 8  initial certification or renewal of certification as an

 9  advanced registered nurse practitioner with the Department of

10  Health, notwithstanding any other provision of law to the

11  contrary. In lieu of such duplicate submission, the Agency for

12  Health Care Administration, the Department of Juvenile

13  Justice, and the Department of Children and Family Services

14  shall obtain criminal history information for employment or

15  licensure of persons certified under s. 464.012 by such agency

16  or department from the Department of Health Health's health

17  care practitioner credentialing system.

18         Section 6.  Paragraphs (e), (v), (aa), and (bb) of

19  subsection (1) of section 456.072, Florida Statutes, are

20  amended to read:

21         456.072  Grounds for discipline; penalties;

22  enforcement.--

23         (1)  The following acts shall constitute grounds for

24  which the disciplinary actions specified in subsection (2) may

25  be taken:

26         (e)  Failing to comply with the educational course

27  requirements for conditions caused by nuclear, biological, and

28  chemical terrorism or for human immunodeficiency virus and

29  acquired immune deficiency syndrome. As used in this

30  paragraph, the term "terrorism" has the same meaning as in s.

31  775.30.

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 1         (v)  Failing to comply with the requirements for

 2  profiling and credentialing, including, but not limited to,

 3  failing to provide initial information, failing to timely

 4  provide updated information, or making misleading, untrue,

 5  deceptive, or fraudulent representations on a profile,

 6  credentialing, or initial or renewal licensure application.

 7         (aa)  Performing or attempting to perform health care

 8  services on the wrong patient, a wrong-site procedure, a wrong

 9  procedure, or an unauthorized procedure or a procedure that is

10  medically unnecessary or otherwise unrelated to the patient's

11  diagnosis or medical condition. For the purposes of this

12  paragraph, performing or attempting to perform health care

13  services includes the preparation of the patient.

14         (bb)  Leaving a foreign body in a patient, such as a

15  sponge, clamp, forceps, surgical needle, or other

16  paraphernalia commonly used in surgical, examination, or other

17  diagnostic procedures, unless leaving the foreign body is

18  medically indicated and documented in the patient record. For

19  the purposes of this paragraph, it shall be legally presumed

20  that retention of a foreign body is not in the best interest

21  of the patient and is not within the standard of care of the

22  profession, unless medically indicated and documented in the

23  patient record regardless of the intent of the professional.

24         Section 7.  Subsection (2) of section 456.077, Florida

25  Statutes, is amended to read:

26         456.077  Authority to issue citations.--

27         (2)  The board, or the department if there is no board,

28  shall adopt rules designating violations for which a citation

29  may be issued. Such rules shall designate as citation

30  violations those violations for which there is no substantial

31  threat to the public health, safety, and welfare. Violations

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 1  for which a citation may be issued shall include violations of

 2  continuing education requirements; failure to timely pay

 3  required fees and fines; failure to comply with the

 4  requirements of ss. 381.026 and 381.0261 regarding the

 5  dissemination of information regarding patient rights; failure

 6  to comply with advertising requirements; failure to timely

 7  update practitioner profile and credentialing files; failure

 8  to display signs, licenses, and permits; failure to have

 9  required reference books available; and all other violations

10  that do not pose a direct and serious threat to the health and

11  safety of the patient.

12         Section 8.  Subsection (3) of section 458.309, Florida

13  Statutes, is amended to read:

14         458.309  Authority to make rules.--

15         (3)  All physicians who perform level 2 procedures

16  lasting more than 5 minutes and all level 3 surgical

17  procedures in an office setting must register the office with

18  the department unless that office is licensed as a facility

19  pursuant to chapter 395. Each office that is required under

20  this subsection to be registered must be The department shall

21  inspect the physician's office annually unless the office is

22  accredited by a nationally recognized accrediting agency

23  approved by the Board of Medicine by rule or an accrediting

24  organization subsequently approved by the Board of Medicine by

25  rule.  Each office registered but not accredited as required

26  by this subsection must achieve full and unconditional

27  accreditation no later than July 1, 2003, and must maintain

28  unconditional accreditation as long as procedures described in

29  this subsection which require the office to be registered and

30  accredited are performed.  Accreditation reports shall be

31  submitted to the department. The actual costs for registration

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 1  and inspection or accreditation shall be paid by the person

 2  seeking to register and operate the office setting in which

 3  office surgery is performed.  The board may adopt rules

 4  pursuant to ss. 120.536(1) and 120.54 to implement this

 5  subsection.

 6         Section 9.  Subsection (2) of section 459.005, Florida

 7  Statutes, is amended to read:

 8         459.005  Rulemaking authority.--

 9         (2)  All osteopathic physicians who perform level 2

10  procedures lasting more than 5 minutes and all level 3

11  surgical procedures in an office setting must register the

12  office with the department unless that office is licensed as a

13  facility pursuant to chapter 395.  Each office that is

14  required under this subsection to be registered must be The

15  department shall inspect the physician's office annually

16  unless the office is accredited by a nationally recognized

17  accrediting agency approved by the Board of Medicine or the

18  Board of Osteopathic Medicine by rule or an accrediting

19  organization subsequently approved by the Board of Medicine or

20  the Board of Osteopathic Medicine by rule.  Each office

21  registered but not accredited as required by this subsection

22  must achieve full and unconditional accreditation no later

23  than July 1, 2003, and must maintain unconditional

24  accreditation as long as procedures described in this

25  subsection which require the office to be registered and

26  accredited are performed. Accreditation reports shall be

27  submitted to the department. The actual costs for registration

28  and inspection or accreditation shall be paid by the person

29  seeking to register and operate the office setting in which

30  office surgery is performed.  The Board of Osteopathic

31  

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 1  Medicine may adopt rules pursuant to ss. 120.536(1) and 120.54

 2  to implement this subsection.

 3         Section 10.  Subsection (11) is added to section

 4  456.004, Florida Statutes, to read:

 5         456.004  Department; powers and duties.--The

 6  department, for the professions under its jurisdiction, shall:

 7         (11)  Require objective performance measures for all

 8  bureaus, units, boards, contracted entities, and board

 9  executive directors which reflect the expected quality and

10  quantity of services.

11         Section 11.  Subsection (1) of section 456.009, Florida

12  Statutes, is amended to read:

13         456.009  Legal and investigative services.--

14         (1)  The department shall provide board counsel for

15  boards within the department by contracting with the

16  Department of Legal Affairs, by retaining private counsel

17  pursuant to s. 287.059, or by providing department staff

18  counsel. The primary responsibility of board counsel shall be

19  to represent the interests of the citizens of the state. A

20  board shall provide for the periodic review and evaluation of

21  the services provided by its board counsel. Fees and costs of

22  such counsel shall be paid from a trust fund used by the

23  department to implement this chapter, subject to the

24  provisions of s. 456.025. All contracts for independent

25  counsel shall provide for periodic review and evaluation by

26  the board and the department of services provided. All legal

27  and investigative services shall be reviewed by the department

28  annually to determine if such services are meeting the

29  performance measures specified in law and in the contract. All

30  contracts for legal and investigative services must include

31  

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 1  objective performance measures that reflect the expected

 2  quality and quantity of the contracted services.

 3         Section 12.  Subsection (6) is added to section

 4  456.011, Florida Statutes, to read:

 5         456.011  Boards; organization; meetings; compensation

 6  and travel expenses.--

 7         (6)  Meetings of board committees, including probable

 8  cause panels, shall be conducted electronically unless held

 9  concurrently with, or on the day immediately before or after,

10  a regularly scheduled in-person board meeting.  However, if a

11  particular committee meeting is expected to last more than 5

12  hours and cannot be held before or after the in-person board

13  meeting, the chair of the committee may request special

14  permission from the director of the Division of Medical

15  Quality Assurance to hold an in-person committee meeting in

16  Tallahassee.

17         Section 13.  Subsection (11) is added to section

18  456.026, Florida Statutes, to read:

19         456.026  Annual report concerning finances,

20  administrative complaints, disciplinary actions, and

21  recommendations.--The department is directed to prepare and

22  submit a report to the President of the Senate and the Speaker

23  of the House of Representatives by November 1 of each year. In

24  addition to finances and any other information the Legislature

25  may require, the report shall include statistics and relevant

26  information, profession by profession, detailing:

27         (11)  The performance measures for all bureaus, units,

28  boards, and contracted entities required by the department to

29  reflect the expected quality and quantity of services, and a

30  description of any effort to improve the performance of such

31  services.

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 1         Section 14.  Section 458.3093, Florida Statutes, is

 2  created to read:

 3         458.3093  Licensure credentials verification.--All

 4  applicants for initial physician licensure pursuant to this

 5  chapter must submit their credentials to the Federation of

 6  State Medical Boards.  Effective January 1, 2003, the board

 7  and the department shall only consider applications for

 8  initial physician licensure pursuant to this chapter which

 9  have been verified by the Federation of State Medical Boards

10  Credentials Verification Service or an equivalent program

11  approved by the board.

12         Section 15.  Section 459.0053, Florida Statutes, is

13  created to read:

14         459.0053  Licensure credentials verification.--All

15  applicants for initial osteopathic physician licensure

16  pursuant to this chapter must submit their credentials to the

17  Federation of State Medical Boards.  Effective January 1,

18  2003, the board and the department shall only consider

19  applications for initial osteopathic physician licensure

20  pursuant to this chapter which have been verified by the

21  Federation of State Medical Boards Credentials Verification

22  Service, the American Osteopathic Association, or an

23  equivalent program approved by the board.

24         Section 16.  Paragraph (t) of subsection (1) and

25  subsection (6) of section 458.331, Florida Statutes, are

26  amended to read:

27         458.331  Grounds for disciplinary action; action by the

28  board and department.--

29         (1)  The following acts constitute grounds for denial

30  of a license or disciplinary action, as specified in s.

31  456.072(2):

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 1         (t)  Gross or repeated malpractice or the failure to

 2  practice medicine with that level of care, skill, and

 3  treatment which is recognized by a reasonably prudent similar

 4  physician as being acceptable under similar conditions and

 5  circumstances.  The board shall give great weight to the

 6  provisions of s. 766.102 when enforcing this paragraph.  As

 7  used in this paragraph, "repeated malpractice" includes, but

 8  is not limited to, three or more claims for medical

 9  malpractice within the previous 5-year period resulting in

10  indemnities being paid in excess of $50,000 $25,000 each to

11  the claimant in a judgment or settlement and which incidents

12  involved negligent conduct by the physician. As used in this

13  paragraph, "gross malpractice" or "the failure to practice

14  medicine with that level of care, skill, and treatment which

15  is recognized by a reasonably prudent similar physician as

16  being acceptable under similar conditions and circumstances,"

17  shall not be construed so as to require more than one

18  instance, event, or act.  Nothing in this paragraph shall be

19  construed to require that a physician be incompetent to

20  practice medicine in order to be disciplined pursuant to this

21  paragraph.

22         (6)  Upon the department's receipt from an insurer or

23  self-insurer of a report of a closed claim against a physician

24  pursuant to s. 627.912 or from a health care practitioner of a

25  report pursuant to s. 456.049, or upon the receipt from a

26  claimant of a presuit notice against a physician pursuant to

27  s. 766.106, the department shall review each report and

28  determine whether it potentially involved conduct by a

29  licensee that is subject to disciplinary action, in which case

30  the provisions of s. 456.073 shall apply. However, if it is

31  reported that a physician has had three or more claims with

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 1  indemnities exceeding $50,000 $25,000 each within the previous

 2  5-year period, the department shall investigate the

 3  occurrences upon which the claims were based and determine

 4  whether if action by the department against the physician is

 5  warranted.

 6         Section 17.  Paragraph (x) of subsection (1) and

 7  subsection (6) of section 459.015, Florida Statutes, are

 8  amended to read:

 9         459.015  Grounds for disciplinary action; action by the

10  board and department.--

11         (1)  The following acts constitute grounds for denial

12  of a license or disciplinary action, as specified in s.

13  456.072(2):

14         (x)  Gross or repeated malpractice or the failure to

15  practice osteopathic medicine with that level of care, skill,

16  and treatment which is recognized by a reasonably prudent

17  similar osteopathic physician as being acceptable under

18  similar conditions and circumstances. The board shall give

19  great weight to the provisions of s. 766.102 when enforcing

20  this paragraph. As used in this paragraph, "repeated

21  malpractice" includes, but is not limited to, three or more

22  claims for medical malpractice within the previous 5-year

23  period resulting in indemnities being paid in excess of

24  $50,000 $25,000 each to the claimant in a judgment or

25  settlement and which incidents involved negligent conduct by

26  the osteopathic physician. As used in this paragraph, "gross

27  malpractice" or "the failure to practice osteopathic medicine

28  with that level of care, skill, and treatment which is

29  recognized by a reasonably prudent similar osteopathic

30  physician as being acceptable under similar conditions and

31  circumstances" shall not be construed so as to require more

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 1  than one instance, event, or act. Nothing in this paragraph

 2  shall be construed to require that an osteopathic physician be

 3  incompetent to practice osteopathic medicine in order to be

 4  disciplined pursuant to this paragraph.  A recommended order

 5  by an administrative law judge or a final order of the board

 6  finding a violation under this paragraph shall specify whether

 7  the licensee was found to have committed "gross malpractice,"

 8  "repeated malpractice," or "failure to practice osteopathic

 9  medicine with that level of care, skill, and treatment which

10  is recognized as being acceptable under similar conditions and

11  circumstances," or any combination thereof, and any

12  publication by the board shall so specify.

13         (6)  Upon the department's receipt from an insurer or

14  self-insurer of a report of a closed claim against an

15  osteopathic physician pursuant to s. 627.912 or from a health

16  care practitioner of a report pursuant to s. 456.049, or upon

17  the receipt from a claimant of a presuit notice against an

18  osteopathic physician pursuant to s. 766.106, the department

19  shall review each report and determine whether it potentially

20  involved conduct by a licensee that is subject to disciplinary

21  action, in which case the provisions of s. 456.073 shall

22  apply.  However, if it is reported that an osteopathic

23  physician has had three or more claims with indemnities

24  exceeding $50,000 $25,000 each within the previous 5-year

25  period, the department shall investigate the occurrences upon

26  which the claims were based and determine whether if action by

27  the department against the osteopathic physician is warranted.

28         Section 18.  Subsection (1) of section 627.912, Florida

29  Statutes, is amended to read:

30         627.912  Professional liability claims and actions;

31  reports by insurers.--

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 1         (1)  Each self-insurer authorized under s. 627.357 and

 2  each insurer or joint underwriting association providing

 3  professional liability insurance to a practitioner of medicine

 4  licensed under chapter 458, to a practitioner of osteopathic

 5  medicine licensed under chapter 459, to a podiatric physician

 6  licensed under chapter 461, to a dentist licensed under

 7  chapter 466, to a hospital licensed under chapter 395, to a

 8  crisis stabilization unit licensed under part IV of chapter

 9  394, to a health maintenance organization certificated under

10  part I of chapter 641, to clinics included in chapter 390, to

11  an ambulatory surgical center as defined in s. 395.002, or to

12  a member of The Florida Bar shall report in duplicate to the

13  Department of Insurance any claim or action for damages for

14  personal injuries claimed to have been caused by error,

15  omission, or negligence in the performance of such insured's

16  professional services or based on a claimed performance of

17  professional services without consent, if the claim resulted

18  in:

19         (a)  A final judgment in any amount.

20         (b)  A settlement in any amount.

21  

22  Reports shall be filed with the Department of Insurance. and,

23  If the insured party is licensed under chapter 458, chapter

24  459, or chapter 461, or chapter 466, with the Department of

25  Health, and the final judgment or settlement was in an amount

26  exceeding $50,000, the report shall also be filed with the

27  Department of Health. If the insured is licensed under chapter

28  466 and the final judgment or settlement was in an amount

29  exceeding $25,000, the report shall also be filed with the

30  Department of Health. Reports must be filed no later than 30

31  days following the occurrence of any event listed in this

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 1  subsection paragraph (a) or paragraph (b). The Department of

 2  Health shall review each report and determine whether any of

 3  the incidents that resulted in the claim potentially involved

 4  conduct by the licensee that is subject to disciplinary

 5  action, in which case the provisions of s. 456.073 shall

 6  apply. The Department of Health, as part of the annual report

 7  required by s. 456.026, shall publish annual statistics,

 8  without identifying licensees, on the reports it receives,

 9  including final action taken on such reports by the Department

10  of Health or the appropriate regulatory board.

11         Section 19.  Subsection (1) of section 456.025, Florida

12  Statutes, is amended to read:

13         456.025  Fees; receipts; disposition.--

14         (1)  It is the intent of the Legislature that all costs

15  of regulating health care professions and practitioners shall

16  be borne solely by licensees and licensure applicants. It is

17  also the intent of the Legislature that fees should be

18  reasonable and not serve as a barrier to licensure. Moreover,

19  it is the intent of the Legislature that the department

20  operate as efficiently as possible and regularly report to the

21  Legislature additional methods to streamline operational

22  costs. Therefore, the boards in consultation with the

23  department, or the department if there is no board, shall, by

24  rule, set renewal fees which:

25         (a)  Shall be based on revenue projections prepared

26  using generally accepted accounting procedures;

27         (b)  Shall be adequate to cover all expenses relating

28  to that board identified in the department's long-range policy

29  plan, as required by s. 456.005;

30         (c)  Shall be reasonable, fair, and not serve as a

31  barrier to licensure;

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 1         (d)  Shall be based on potential earnings from working

 2  under the scope of the license;

 3         (e)  Shall be similar to fees imposed on similar

 4  licensure types; and

 5         (f)  Shall not be more than 10 percent greater than the

 6  fee imposed for the previous biennium;

 7         (g)  Shall not be more than 10 percent greater than the

 8  actual cost to regulate that profession for the previous

 9  biennium; and

10         (f)(h)  Shall be subject to challenge pursuant to

11  chapter 120.

12         Section 20.  Section 456.0165, Florida Statutes, is

13  created to read:

14         456.0165  Examination location.--A college, university,

15  or vocational school in this state may serve as the host

16  school for a health care practitioner licensure examination.

17  However, the college, university, or vocational school may not

18  charge the department for rent, space, reusable equipment,

19  utilities, or janitorial services.  The college, university,

20  or vocational school may charge the department only the actual

21  cost of nonreusable supplies provided by the school at the

22  request of the department.

23         Section 21.  Effective July 1, 2003, paragraph (g) of

24  subsection (3) and paragraph (c) of subsection (6) of section

25  468.302, Florida Statutes, are amended to read:

26         468.302  Use of radiation; identification of certified

27  persons; limitations; exceptions.--

28         (3)

29         (g)  A person holding a certificate as a nuclear

30  medicine technologist may only:

31  

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 1         1.  Conduct in vivo and in vitro measurements of

 2  radioactivity and administer radiopharmaceuticals to human

 3  beings for diagnostic and therapeutic purposes.

 4         2.  Administer X radiation from a combination nuclear

 5  medicine-computed tomography device if that radiation is

 6  administered as an integral part of a nuclear medicine

 7  procedure that uses an automated computed tomography protocol

 8  and the person has received device-specific training on the

 9  combination device.

10  

11  However, the authority of a nuclear medicine technologist

12  under this paragraph excludes radioimmunoassay and other

13  clinical laboratory testing regulated pursuant to chapter 483.

14         (6)  Requirement for certification does not apply to:

15         (c)  A person who is a registered nurse licensed under

16  part I of chapter 464, a respiratory therapist licensed under

17  part V of chapter 468, or a cardiovascular technologist or

18  cardiopulmonary technologist with active certification as a

19  registered cardiovascular invasive specialist from a

20  nationally recognized credentialing organization, or future

21  equivalent should such credentialing be subsequently modified,

22  each of whom is trained and skilled in invasive cardiovascular

23  cardiopulmonary technology, including the radiologic

24  technology duties associated with such procedures, and who

25  provides invasive cardiovascular cardiopulmonary technology

26  services at the direction, and under the direct supervision,

27  of a licensed practitioner. A person requesting this exemption

28  must have successfully completed a didactic and clinical

29  training program in the following areas before performing

30  radiologic technology duties under the direct supervision of a

31  licensed practitioner:

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 1         1.  Principles of X-ray production and equipment

 2  operation.

 3         2.  Biological effects of radiation.

 4         3.  Radiation exposure and monitoring.

 5         4.  Radiation safety and protection.

 6         5.  Evaluation of radiographic equipment and

 7  accessories.

 8         6.  Radiographic exposure and technique factors.

 9         7.  Film processing.

10         8.  Image quality assurance.

11         9.  Patient positioning.

12         10.  Administration and complications of contrast

13  media.

14         11.  Specific fluoroscopic and digital X-ray imaging

15  procedures related to invasive cardiovascular technology.

16         Section 22.  Section 468.352, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

19         s. 468.352, F.S., for present text.)

20         468.352  Definitions.--As used in this part, the term:

21         (1)  "Board" means the Board of Respiratory Care.

22         (2)  "Certified respiratory therapist" means any person

23  licensed pursuant to this part who is certified by the

24  National Board for Respiratory Care or its successor; who is

25  employed to deliver respiratory care services, under the order

26  of a physician licensed pursuant to chapter 458 or chapter

27  459, in accordance with protocols established by a hospital or

28  other health care provider or the board; and who functions in

29  situations of unsupervised patient contact requiring

30  individual judgment.

31  

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 1         (3)  "Critical care" means care given to a patient in

 2  any setting involving a life-threatening emergency.

 3         (4)  "Department" means the Department of Health.

 4         (5)  "Direct supervision" means practicing under the

 5  direction of a licensed, registered, or certified respiratory

 6  therapist who is physically on the premises and readily

 7  available, as defined by the board.

 8         (6)  "Physician supervision" means supervision and

 9  control by a physician licensed under chapter 458 or chapter

10  459 who assumes the legal liability for the services rendered

11  by the personnel employed in his or her office. Except in the

12  case of an emergency, physician supervision requires the easy

13  availability of the physician within the office or the

14  physical presence of the physician for consultation and

15  direction of the actions of the persons who deliver

16  respiratory care services.

17         (7)  "Practice of respiratory care" or "respiratory

18  therapy" means the allied health specialty associated with the

19  cardiopulmonary system that is practiced under the orders of a

20  physician licensed under chapter 458 or chapter 459 and in

21  accordance with protocols, policies, and procedures

22  established by a hospital or other health care provider or the

23  board, including the assessment, diagnostic evaluation,

24  treatment, management, control, rehabilitation, education, and

25  care of patients.

26         (8)  "Registered respiratory therapist" means any

27  person licensed under this part who is registered by the

28  National Board for Respiratory Care or its successor, and who

29  is employed to deliver respiratory care services under the

30  order of a physician licensed under chapter 458 or chapter

31  459, in accordance with protocols established by a hospital or

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 1  other health care provider or the board, and who functions in

 2  situations of unsupervised patient contact requiring

 3  individual judgment.

 4         (9)  "Respiratory care practitioner" means any person

 5  licensed under this part who is employed to deliver

 6  respiratory care services, under direct supervision, pursuant

 7  to the order of a physician licensed under chapter 458 or

 8  chapter 459.

 9         (10)  "Respiratory care services" includes:

10         (a)  Evaluation and disease management.

11         (b)  Diagnostic and therapeutic use of respiratory

12  equipment, devices, or medical gas.

13         (c)  Administration of drugs, as duly ordered or

14  prescribed by a physician licensed under chapter 458 or

15  chapter 459 and in accordance with protocols, policies, and

16  procedures established by a hospital or other health care

17  provider or the board.

18         (d)  Initiation, management, and maintenance of

19  equipment to assist and support ventilation and respiration.

20         (e)  Diagnostic procedures, research, and therapeutic

21  treatment and procedures, including measurement of ventilatory

22  volumes, pressures, and flows; specimen collection and

23  analysis of blood for gas transport and acid/base

24  determinations; pulmonary-function testing; and other related

25  physiological monitoring of cardiopulmonary systems.

26         (f)  Cardiopulmonary rehabilitation.

27         (g)  Cardiopulmonary resuscitation, advanced cardiac

28  life support, neonatal resuscitation, and pediatric advanced

29  life support, or equivalent functions.

30         (h)  Insertion and maintenance of artificial airways

31  and intravascular catheters.

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 1         (i)  Performing sleep-disorder studies.

 2         (j)  Education of patients, families, the public, or

 3  other health care providers, including disease process and

 4  management programs and smoking prevention and cessation

 5  programs.

 6         (k)  Initiation and management of hyperbaric oxygen.

 7         Section 23.  Section 468.355, Florida Statutes, is

 8  amended to read:

 9         (Substantial rewording of section. See

10         s. 468.355, F.S., for present text.)

11         468.355  Licensure requirements.--To be eligible for

12  licensure by the board, an applicant must be certified as a

13  "Certified Respiratory Therapist" or be registered as a

14  "Registered Respiratory Therapist" by the National Board for

15  Respiratory Care, or its successor.

16         Section 24.  Section 468.368, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

19         s. 468.368, F.S., for present text.)

20         468.368  Exemptions.--This part may not be construed to

21  prevent or restrict the practice, service, or activities of:

22         (1)  Any person licensed in this state by any other law

23  from engaging in the profession or occupation for which he or

24  she is licensed.

25         (2)  Any legally qualified person in the state or

26  another state or territory who is employed by the United

27  States Government or any agency thereof while such person is

28  discharging his or her official duties.

29         (3)  A friend or family member who is providing

30  respiratory care services to an ill person and who does not

31  

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 1  represent himself or herself to be a respiratory care

 2  practitioner or respiratory therapist.

 3         (4)  An individual providing respiratory care services

 4  in an emergency who does not represent himself or herself as a

 5  respiratory care practitioner or respiratory therapist.

 6         (5)  Any individual employed to deliver, assemble, set

 7  up, or test equipment for use in a home, upon the order of a

 8  physician licensed pursuant to chapter 458 or chapter 459.

 9  This subsection does not, however, authorize the practice of

10  respiratory care without a license.

11         (6)  Any individual credentialed by the Board of

12  Registered Polysomnographic Technologists as a registered

13  polysomnographic technologist, as related to the diagnosis and

14  evaluation of treatment for sleep disorders.

15         (7)  Any individual certified or registered as a

16  pulmonary function technologist who is credentialed by the

17  National Board for Respiratory Care for performing

18  cardiopulmonary diagnostic studies.

19         (8)  Any student who is enrolled in an accredited

20  respiratory care program approved by the board, while

21  performing respiratory care as an integral part of a required

22  course.

23         (9)  The delivery of incidental respiratory care to

24  noninstitutionalized persons by surrogate family members who

25  do not represent themselves as registered or certified

26  respiratory care therapists.

27         (10)  Any individual credentialed by the Underseas

28  Hyperbaric Society in hyperbaric medicine or its equivalent as

29  determined by the board, while performing related duties. This

30  subsection does not, however, authorize the practice of

31  respiratory care without a license.

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 1         Section 25.  Sections 468.356 and 468.357, Florida

 2  Statutes, are repealed.

 3         Section 26.  Sections 381.0602, 381.6021, 381.6022,

 4  381.6023, 381.6024, and 381.6026, Florida Statutes, are

 5  renumbered as sections 765.53, 765.541, 765.542, 765.544,

 6  765.545, and 765.547, Florida Statutes, respectively.

 7         Section 27.  Section 381.60225, Florida Statutes, is

 8  renumbered as section 765.543, Florida Statutes, and is

 9  amended to read:

10         765.543 381.60225  Background screening.--

11         (1)  Each applicant for certification must comply with

12  the following requirements:

13         (a)  Upon receipt of a completed, signed, and dated

14  application, the Agency for Health Care Administration shall

15  require background screening, in accordance with the level 2

16  standards for screening set forth in chapter 435, of the

17  managing employee, or other similarly titled individual

18  responsible for the daily operation of the organization,

19  agency, or entity, and financial officer, or other similarly

20  titled individual who is responsible for the financial

21  operation of the organization, agency, or entity, including

22  billings for services.  The applicant must comply with the

23  procedures for level 2 background screening as set forth in

24  chapter 435, as well as the requirements of s. 435.03(3).

25         (b)  The Agency for Health Care Administration may

26  require background screening of any other individual who is an

27  applicant if the Agency for Health Care Administration has

28  probable cause to believe that he or she has been convicted of

29  a crime or has committed any other offense prohibited under

30  the level 2 standards for screening set forth in chapter 435.

31  

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 1         (c)  Proof of compliance with the level 2 background

 2  screening requirements of chapter 435 which has been submitted

 3  within the previous 5 years in compliance with any other

 4  health care licensure requirements of this state is acceptable

 5  in fulfillment of the requirements of paragraph (a).

 6         (d)  A provisional certification may be granted to the

 7  organization, agency, or entity when each individual required

 8  by this section to undergo background screening has met the

 9  standards for the Department of Law Enforcement background

10  check, but the agency has not yet received background

11  screening results from the Federal Bureau of Investigation, or

12  a request for a disqualification exemption has been submitted

13  to the agency as set forth in chapter 435, but a response has

14  not yet been issued. A standard certification may be granted

15  to the organization, agency, or entity upon the agency's

16  receipt of a report of the results of the Federal Bureau of

17  Investigation background screening for each individual

18  required by this section to undergo background screening which

19  confirms that all standards have been met, or upon the

20  granting of a disqualification exemption by the agency as set

21  forth in chapter 435. Any other person who is required to

22  undergo level 2 background screening may serve in his or her

23  capacity pending the agency's receipt of the report from the

24  Federal Bureau of Investigation. However, the person may not

25  continue to serve if the report indicates any violation of

26  background screening standards and a disqualification

27  exemption has not been requested of and granted by the agency

28  as set forth in chapter 435.

29         (e)  Each applicant must submit to the agency, with its

30  application, a description and explanation of any exclusions,

31  permanent suspensions, or terminations of the applicant from

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 1  the Medicare or Medicaid programs. Proof of compliance with

 2  the requirements for disclosure of ownership and control

 3  interests under the Medicaid or Medicare programs shall be

 4  accepted in lieu of this submission.

 5         (f)  Each applicant must submit to the agency a

 6  description and explanation of any conviction of an offense

 7  prohibited under the level 2 standards of chapter 435 by a

 8  member of the board of directors of the applicant, its

 9  officers, or any individual owning 5 percent or more of the

10  applicant. This requirement does not apply to a director of a

11  not-for-profit corporation or organization if the director

12  serves solely in a voluntary capacity for the corporation or

13  organization, does not regularly take part in the day-to-day

14  operational decisions of the corporation or organization,

15  receives no remuneration for his or her services on the

16  corporation or organization's board of directors, and has no

17  financial interest and has no family members with a financial

18  interest in the corporation or organization, provided that the

19  director and the not-for-profit corporation or organization

20  include in the application a statement affirming that the

21  director's relationship to the corporation satisfies the

22  requirements of this paragraph.

23         (g)  The agency may not certify any organization,

24  agency, or entity if any applicant or managing employee has

25  been found guilty of, regardless of adjudication, or has

26  entered a plea of nolo contendere or guilty to, any offense

27  prohibited under the level 2 standards for screening set forth

28  in chapter 435, unless an exemption from disqualification has

29  been granted by the agency as set forth in chapter 435.

30         (h)  The agency may deny or revoke certification of any

31  organization, agency, or entity if the applicant:

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 1         1.  Has falsely represented a material fact in the

 2  application required by paragraph (e) or paragraph (f), or has

 3  omitted any material fact from the application required by

 4  paragraph (e) or paragraph (f); or

 5         2.  Has had prior action taken against the applicant

 6  under the Medicaid or Medicare program as set forth in

 7  paragraph (e).

 8         (i)  An application for renewal of certification must

 9  contain the information required under paragraphs (e) and (f).

10         (2)  An organ procurement organization, tissue bank, or

11  eye bank certified by the Agency for Health Care

12  Administration in accordance with ss. 765.541 381.6021 and

13  765.542 381.6022 is not subject to the requirements of this

14  section if the entity has no direct patient care

15  responsibilities and does not bill patients or insurers

16  directly for services under the Medicare or Medicaid programs,

17  or for privately insured services.

18         Section 28.  Section 381.6025, Florida Statutes, is

19  renumbered as section 765.546, Florida Statutes, and amended

20  to read:

21         765.546 381.6025  Physician supervision of cadaveric

22  organ and tissue procurement coordinators.--Organ procurement

23  organizations, tissue banks, and eye banks may employ

24  coordinators, who are registered nurses, physician's

25  assistants, or other medically trained personnel who meet the

26  relevant standards for organ procurement organizations, tissue

27  banks, or eye banks as adopted by the Agency for Health Care

28  Administration under s. 765.541 381.6021, to assist in the

29  medical management of organ donors or in the surgical

30  procurement of cadaveric organs, tissues, or eyes for

31  transplantation or research. A coordinator who assists in the

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 1  medical management of organ donors or in the surgical

 2  procurement of cadaveric organs, tissues, or eyes for

 3  transplantation or research must do so under the direction and

 4  supervision of a licensed physician medical director pursuant

 5  to rules and guidelines to be adopted by the Agency for Health

 6  Care Administration. With the exception of organ procurement

 7  surgery, this supervision may be indirect supervision. For

 8  purposes of this section, the term "indirect supervision"

 9  means that the medical director is responsible for the medical

10  actions of the coordinator, that the coordinator is operating

11  under protocols expressly approved by the medical director,

12  and that the medical director or his or her physician designee

13  is always available, in person or by telephone, to provide

14  medical direction, consultation, and advice in cases of organ,

15  tissue, and eye donation and procurement. Although indirect

16  supervision is authorized under this section, direct physician

17  supervision is to be encouraged when appropriate.

18         Section 29.  Subsection (2) of section 395.2050,

19  Florida Statutes, is amended to read:

20         395.2050  Routine inquiry for organ and tissue

21  donation; certification for procurement activities.--

22         (2)  Every hospital licensed under this chapter that is

23  engaged in the procurement of organs, tissues, or eyes shall

24  comply with the certification requirements of ss.

25  765.541-765.547 381.6021-381.6026.

26         Section 30.  Paragraph (e) of subsection (2) of section

27  409.815, Florida Statutes, is amended to read:

28         409.815  Health benefits coverage; limitations.--

29         (2)  BENCHMARK BENEFITS.--In order for health benefits

30  coverage to qualify for premium assistance payments for an

31  eligible child under ss. 409.810-409.820, the health benefits

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 1  coverage, except for coverage under Medicaid and Medikids,

 2  must include the following minimum benefits, as medically

 3  necessary.

 4         (e)  Organ transplantation services.--Covered services

 5  include pretransplant, transplant, and postdischarge services

 6  and treatment of complications after transplantation for

 7  transplants deemed necessary and appropriate within the

 8  guidelines set by the Organ Transplant Advisory Council under

 9  s. 765.53 381.0602 or the Bone Marrow Transplant Advisory

10  Panel under s. 627.4236.

11         Section 31.  Subsection (2) of section 765.5216,

12  Florida Statutes, is amended to read:

13         765.5216  Organ and tissue donor education panel.--

14         (2)  There is created within the Agency for Health Care

15  Administration a statewide organ and tissue donor education

16  panel, consisting of 12 members, to represent the interests of

17  the public with regard to increasing the number of organ and

18  tissue donors within the state.  The panel and the Organ and

19  Tissue Procurement and Transplantation Advisory Board

20  established in s. 765.544 381.6023 shall jointly develop,

21  subject to the approval of the Agency for Health Care

22  Administration, education initiatives pursuant to s. 765.5215

23  732.9215, which the agency shall implement.  The membership

24  must be balanced with respect to gender, ethnicity, and other

25  demographic characteristics so that the appointees reflect the

26  diversity of the population of this state.  The panel members

27  must include:

28         (a)  A representative from the Agency for Health Care

29  Administration, who shall serve as chairperson of the panel.

30         (b)  A representative from a Florida licensed organ

31  procurement organization.

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 1         (c)  A representative from a Florida licensed tissue

 2  bank.

 3         (d)  A representative from a Florida licensed eye bank.

 4         (e)  A representative from a Florida licensed hospital.

 5         (f)  A representative from the Division of Driver

 6  Licenses of the Department of Highway Safety and Motor

 7  Vehicles, who possesses experience and knowledge in dealing

 8  with the public.

 9         (g)  A representative from the family of an organ,

10  tissue, or eye donor.

11         (h)  A representative who has been the recipient of a

12  transplanted organ, tissue, or eye, or is a family member of a

13  recipient.

14         (i)  A representative who is a minority person as

15  defined in s. 381.81.

16         (j)  A representative from a professional association

17  or public relations or advertising organization.

18         (k)  A representative from a community service club or

19  organization.

20         (l)  A representative from the Department of Education.

21         Section 32.  Subsection (5) of section 765.522, Florida

22  Statutes, is amended to read:

23         765.522  Duty of certain hospital administrators;

24  liability of hospital administrators, organ procurement

25  organizations, eye banks, and tissue banks.--

26         (5)  There shall be no civil or criminal liability

27  against any organ procurement organization, eye bank, or

28  tissue bank certified under s. 765.542 381.6022, or against

29  any hospital or hospital administrator or designee, when

30  complying with the provisions of this part and the rules of

31  the Agency for Health Care Administration or when, in the

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 1  exercise of reasonable care, a request for organ donation is

 2  inappropriate and the gift is not made according to this part

 3  and the rules of the Agency for Health Care Administration.

 4         Section 33.  Present subsections (11) through (33) of

 5  section 395.002, Florida Statutes, are renumbered as

 6  subsections (12) through (34), respectively, and a new

 7  subsection (11) is added to that section, to read:

 8         395.002  Definitions.--As used in this chapter:

 9         (11)  "Medically unnecessary procedure" means a

10  surgical or other invasive procedure that a physician, acting

11  according to the prevailing professional standard of care as

12  defined in s. 766.102(1), would not deem to be indicated,

13  based on the patient's history and available diagnostic

14  information, to treat, cure, or palliate the patient's

15  condition or disease.

16         Section 34.  Subsection (5) is added to section

17  395.0161, Florida Statutes, to read:

18         395.0161  Licensure inspection.--

19         (5)(a)  The agency shall adopt rules governing the

20  conduct of inspections or investigations it initiates in

21  response to:

22         1.  Reports filed pursuant to s. 395.0197.

23         2.  Complaints alleging violations of state or federal

24  emergency access laws.

25         3.  Complaints made by the public alleging violations

26  of law by licensed facilities or personnel.

27         (b)  The rules must set forth the procedures to be used

28  in the investigations or inspections in order to protect the

29  due process rights of licensed facilities and personnel and to

30  minimize, to the greatest reasonable extent possible, the

31  

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 1  disruption of facility operations and the cost to facilities

 2  resulting from those investigations.

 3         Section 35.  Subsections (2), (14), and (16) of section

 4  395.0197, Florida Statutes, are amended to read:

 5         395.0197  Internal risk management program.--

 6         (2)  The internal risk management program is the

 7  responsibility of the governing board of the health care

 8  facility. Each licensed facility shall use the services of

 9  hire a risk manager, licensed under s. 395.10974, who is

10  responsible for implementation and oversight of such

11  facility's internal risk management program as required by

12  this section. A risk manager must not be made responsible for

13  more than four internal risk management programs in separate

14  licensed facilities, unless the facilities are under one

15  corporate ownership or the risk management programs are in

16  rural hospitals.

17         (14)  The agency shall have access, as set forth in

18  rules adopted under s. 395.0161(5), to all licensed facility

19  records necessary to carry out the provisions of this section.

20  The records obtained by the agency under subsection (6),

21  subsection (8), or subsection (10) are not available to the

22  public under s. 119.07(1), nor shall they be discoverable or

23  admissible in any civil or administrative action, except in

24  disciplinary proceedings by the agency or the appropriate

25  regulatory board, nor shall records obtained pursuant to s.

26  456.071 be available to the public as part of the record of

27  investigation for and prosecution in disciplinary proceedings

28  made available to the public by the agency or the appropriate

29  regulatory board. However, the agency or the appropriate

30  regulatory board shall make available, upon written request by

31  a health care professional against whom probable cause has

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 1  been found, any such records which form the basis of the

 2  determination of probable cause, except that, with respect to

 3  medical review committee records, s. 766.101 controls.

 4         (16)  The agency shall review, as part of its licensure

 5  inspection process, the internal risk management program at

 6  each licensed facility regulated by this section to determine

 7  whether the program meets standards established in statutes

 8  and rules, whether the program is being conducted in a manner

 9  designed to reduce adverse incidents, and whether the program

10  is appropriately reporting incidents under this section. Only

11  a risk manager, licensed under s. 395.10974 and employed by

12  the Agency for Health Care Administration has the authority to

13  conduct inspections necessary to determine whether a program

14  meets the requirements of this section. A determination must

15  be based on the care, skill, and judgment which, in light of

16  all relevant surrounding circumstances, is recognized as

17  acceptable and appropriate by reasonably prudent similar

18  licensed risk managers. By July 1, 2004, the Agency for Health

19  Care Administration shall employ a minimum of three licensed

20  risk managers in each district to conduct inspections as

21  provided in this subsection.

22         Section 36.  Paragraph (b) of subsection (1) of section

23  456.0375, Florida Statutes, is amended to read:

24         456.0375  Registration of certain clinics;

25  requirements; discipline; exemptions.--

26         (1)

27         (b)  For purposes of this section, the term "clinic"

28  does not include and the registration requirements herein do

29  not apply to:

30         1.  Entities licensed or registered by the state

31  pursuant to chapter 390, chapter 394, chapter 395, chapter

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 1  397, chapter 400, chapter 463, chapter 465, chapter 466,

 2  chapter 478, chapter 480, or chapter 484.

 3         2.  Entities exempt from federal taxation under 26

 4  U.S.C. s. 501(c)(3) and community college and university

 5  clinics.

 6         3.  Sole proprietorships, group practices,

 7  partnerships, or corporations that provide health care

 8  services by licensed health care practitioners pursuant to

 9  chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484,

10  486, 490, 491, or part I, part III, part X, part XIII, or part

11  XIV of chapter 468, or s. 464.012, which are wholly owned by

12  licensed health care practitioners or the licensed health care

13  practitioner and the spouse, parent, or child of a licensed

14  health care practitioner, so long as one of the owners who is

15  a licensed health care practitioner is supervising the

16  services performed therein and is legally responsible for the

17  entity's compliance with all federal and state laws. However,

18  no health care practitioner may supervise the delivery of

19  health care services beyond the scope of the practitioner's

20  license. This section does not prohibit a health care

21  practitioner from providing administrative or managerial

22  supervision for personnel purposes.

23         Section 37.  Paragraph (b) of subsection (2) of section

24  465.019, Florida Statutes, is amended to read:

25         465.019  Institutional pharmacies; permits.--

26         (2)  The following classes of institutional pharmacies

27  are established:

28         (b)  "Class II institutional pharmacies" are those

29  institutional pharmacies which employ the services of a

30  registered pharmacist or pharmacists who, in practicing

31  institutional pharmacy, shall provide dispensing and

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 1  consulting services on the premises to patients of that

 2  institution and to patients receiving care in a hospice

 3  licensed under part VI of chapter 400 which is located or

 4  providing services on the premises of that institution, for

 5  use on the premises of that institution. However, an

 6  institutional pharmacy located in an area or county included

 7  in an emergency order or proclamation of a state of emergency

 8  declared by the Governor may provide dispensing and consulting

 9  services to individuals who are not patients of the

10  institution. However, a single dose of a medicinal drug may be

11  obtained and administered to a patient on a valid physician's

12  drug order under the supervision of a physician or charge

13  nurse, consistent with good institutional practice procedures.

14  The obtaining and administering of such single dose of a

15  medicinal drug shall be pursuant to drug-handling procedures

16  established by a consultant pharmacist.  Medicinal drugs may

17  be dispensed in a Class II institutional pharmacy, but only in

18  accordance with the provisions of this section.

19         Section 38.  Subsection (7) is added to section 631.57,

20  Florida Statutes, to read:

21         631.57  Powers and duties of the association.--

22         (7)  Notwithstanding any other provision of law, the

23  net direct written premiums of medical malpractice insurance

24  are not subject to assessment under this section to cover

25  claims and administrative costs for the type of insurance

26  defined in s. 624.604.

27         Section 39.  Paragraph (a) of subsection (1) of section

28  766.101, Florida Statutes, is amended to read:

29         766.101  Medical review committee, immunity from

30  liability.--

31         (1)  As used in this section:

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 1         (a)  The term "medical review committee" or "committee"

 2  means:

 3         1.a.  A committee of a hospital or ambulatory surgical

 4  center licensed under chapter 395 or a health maintenance

 5  organization certificated under part I of chapter 641,

 6         b.  A committee of a physician-hospital organization, a

 7  provider-sponsored organization, or an integrated delivery

 8  system,

 9         c.  A committee of a state or local professional

10  society of health care providers,

11         d.  A committee of a medical staff of a licensed

12  hospital or nursing home, provided the medical staff operates

13  pursuant to written bylaws that have been approved by the

14  governing board of the hospital or nursing home,

15         e.  A committee of the Department of Corrections or the

16  Correctional Medical Authority as created under s. 945.602, or

17  employees, agents, or consultants of either the department or

18  the authority or both,

19         f.  A committee of a professional service corporation

20  formed under chapter 621 or a corporation organized under

21  chapter 607 or chapter 617, which is formed and operated for

22  the practice of medicine as defined in s. 458.305(3), and

23  which has at least 25 health care providers who routinely

24  provide health care services directly to patients,

25         g.  A committee of a mental health treatment facility

26  licensed under chapter 394 or a community mental health center

27  as defined in s. 394.907, provided the quality assurance

28  program operates pursuant to the guidelines which have been

29  approved by the governing board of the agency,

30         h.  A committee of a substance abuse treatment and

31  education prevention program licensed under chapter 397

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 1  provided the quality assurance program operates pursuant to

 2  the guidelines which have been approved by the governing board

 3  of the agency,

 4         i.  A peer review or utilization review committee

 5  organized under chapter 440,

 6         j.  A committee of the Department of Health, a county

 7  health department, healthy start coalition, or certified rural

 8  health network, when reviewing quality of care, or employees

 9  of these entities when reviewing mortality records, or

10         k.  A continuous quality improvement committee of a

11  pharmacy licensed pursuant to chapter 465,

12         l.  A committee established by a university board of

13  trustees, or

14         m.  A committee comprised of faculty, residents,

15  students, and administrators of an accredited college of

16  medicine, nursing, or other health care discipline,

17  

18  which committee is formed to evaluate and improve the quality

19  of health care rendered by providers of health service or to

20  determine that health services rendered were professionally

21  indicated or were performed in compliance with the applicable

22  standard of care or that the cost of health care rendered was

23  considered reasonable by the providers of professional health

24  services in the area; or

25         2.  A committee of an insurer, self-insurer, or joint

26  underwriting association of medical malpractice insurance, or

27  other persons conducting review under s. 766.106.

28         Section 40.  The Office of Legislative Services shall

29  contract for a business case study of the feasibility of

30  outsourcing the administrative, investigative, legal, and

31  prosecutorial functions and other tasks and services that are

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 1  necessary to carry out the regulatory responsibilities of the

 2  Board of Dentistry, employing its own executive director and

 3  other staff, and obtaining authority over collections and

 4  expenditures of funds paid by professions regulated by the

 5  board into the Medical Quality Assurance Trust Fund. This

 6  feasibility study must include a business plan and an

 7  assessment of the direct and indirect costs associated with

 8  outsourcing these functions. The sum of $50,000 is

 9  appropriated from the Board of Dentistry account within the

10  Medical Quality Assurance Trust Fund to the Office of

11  Legislative Services for the purpose of contracting for the

12  study. The Office of Legislative Services shall submit the

13  completed study to the Governor, the President of the Senate,

14  and the Speaker of the House of Representatives by January 1,

15  2003.

16         Section 41.  Subsection (5) of section 393.064, Florida

17  Statutes, is amended to read:

18         393.064  Prevention.--

19         (5)  The Department of Health Children and Family

20  Services shall have the authority, within available resources,

21  to contract for the supervision and management of the Raymond

22  C. Philips Research and Education Unit, and such contract

23  shall include specific program objectives.

24         Section 42.  Paragraph (a) of subsection (2) of section

25  627.6425, Florida Statutes, is amended to read:

26         627.6425  Renewability of individual coverage.--

27         (2)  An insurer may nonrenew or discontinue health

28  insurance coverage of an individual in the individual market

29  based only on one or more of the following:

30         (a)  The individual has failed to pay premiums, or

31  contributions, or a required copayment payable to the insurer

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 1  in accordance with the terms of the health insurance coverage

 2  or the insurer has not received timely premium payments. When

 3  the copayment is payable to the insurer and exceeds $300 the

 4  insurer shall allow the insured up to ninety days from the

 5  date of the procedure to pay the required copayment. The

 6  insurer shall print in 10 point type on the Declaration of

 7  Benefits page notification that the insured could be

 8  terminated for failure to make any required copayment to the

 9  insurer.

10         Section 43.  Subsection (2) of section 627.638, Florida

11  Statutes, is amended to read:

12         627.638  Direct payment for hospital, medical

13  services.--

14         (2)  Whenever, in any health insurance claim form, an

15  insured specifically authorizes payment of benefits directly

16  to any recognized hospital or physician, the insurer shall

17  make such payment to the designated provider of such services,

18  unless otherwise provided in the insurance contract. However,

19  if:

20         (a)  The benefit is determined to be covered under the

21  terms of the policy;

22         (b)  The claim is limited to treatment of mental health

23  or substance abuse, including drug and alcohol abuse; and

24         (c)  The insured authorizes the insurer, in writing, as

25  part of the claim to make direct payment of benefits to a

26  recognized hospital, physician, or other licensed provider,

27  

28  payments shall be made directly to the recognized hospital,

29  physician, or other licensed provider, notwithstanding any

30  contrary provisions in the insurance contract.

31  

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 1         Section 44.  Subsection (3) is added to section

 2  381.003, Florida Statutes, to read:

 3         381.003  Communicable disease and AIDS prevention and

 4  control.--

 5         (3)  The department shall by rule adopt the

 6  blood-borne-pathogen standard set forth in subpart Z of 29

 7  C.F.R. part 1910, as amended by Pub. L. No. 106-430, which

 8  shall apply to all public-sector employers. The department

 9  shall compile and maintain a list of existing needleless

10  systems and sharps with engineered sharps-injury protection

11  which shall be available to assist employers, including the

12  department and the Department of Corrections, in complying

13  with the applicable requirements of the blood-borne-pathogen

14  standard. The list may be developed from existing sources of

15  information, including, without limitation, the United States

16  Food and Drug Administration, the Centers for Disease Control

17  and Prevention, the Occupational Safety and Health

18  Administration, and the United States Department of Veterans

19  Affairs.

20         Section 45.  Section 765.510, Florida Statutes, is

21  amended to read:

22         765.510  Legislative declaration.--Because of the rapid

23  medical progress in the fields of tissue and organ

24  preservation, transplantation of tissue, and tissue culture,

25  and because it is in the public interest to aid the medical

26  developments in the these fields of organ and tissue recovery

27  and transplantation, and in order to promote the general

28  welfare, save lives, and reduce sickness, pain, suffering,

29  disabilities, and medical costs of persons with organ and

30  tissue impairment, and to help alleviate the shortage of

31  organs and tissues available for transplantation and research,

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 1  the Legislature in enacting this part intends to encourage and

 2  aid the development of reconstructive medicine and surgery and

 3  the development of medical research by facilitating premortem

 4  and postmortem authorizations for donations of tissue and

 5  organs.  It is the purpose of this part to regulate the gift

 6  of a body or parts of a body, the gift to be made after the

 7  death of a donor.

 8         Section 46.  Subsections (1), (2), and (6) of section

 9  765.512, Florida Statutes, are amended to read:

10         765.512  Persons who may make an anatomical gift.--

11         (1)  Any person who may make a will may give all or

12  part of his or her body for any purpose specified in s.

13  765.510, the gift to take effect upon death.  An anatomical

14  gift made by an adult donor and not revoked by the donor as

15  provided in s. 765.516 is irrevocable and does not require the

16  consent or concurrence of any person after the donor's death.

17  A family member, guardian, representative ad litem, or health

18  care surrogate of a decedent who has made an anatomical gift

19  may not modify the decedent's wishes or deny or prevent the

20  anatomical gift from being made.

21         (2)  If the decedent has executed an agreement

22  concerning an anatomical gift, by including signing an organ

23  and tissue donor card, by expressing his or her wish to donate

24  in a living will or advance directive, or by signifying his or

25  her intent to donate on his or her driver's license or in some

26  other written form has indicated his or her wish to make an

27  anatomical gift, and in the absence of actual notice of

28  contrary indications by the decedent, the document is evidence

29  of legally sufficient informed consent to donate an anatomical

30  gift and is legally binding. Any surrogate designated by the

31  decedent pursuant to part II of this chapter may give all or

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 1  any part of the decedent's body for any purpose specified in

 2  s. 765.510.

 3         (6)  A gift of all or part of a body authorizes:

 4         (a)  Any examination necessary to assure medical

 5  acceptability of the gift for the purposes intended; and.

 6         (b)  The decedent's medical provider, family, or a

 7  third party to furnish medical records requested concerning

 8  the decedent's medical and social history.

 9         Section 47.  Section 765.516, Florida Statutes, is

10  amended to read:

11         765.516  Amendment of the terms of or the revocation of

12  the gift.--

13         (1)  A donor may amend the terms of or revoke an

14  anatomical gift by:

15         (a)  The execution and delivery to the donee of a

16  signed statement.

17         (b)  An oral statement that is:

18         1.  Made to the donor's spouse; or

19         2.  made in the presence of two persons, other than the

20  donor's spouse, and communicated to the donor's family or

21  attorney or to the donee.

22         (c)  A statement during a terminal illness or injury

23  addressed to an attending physician, who must communicate the

24  revocation of the gift to the procurement organization that is

25  certified by the state.

26         (d)  A signed document found on or about the donor's

27  person or in the donor's effects.

28         (2)  The terms of any gift made by a will may also be

29  amended or the gift may be revoked in the manner provided for

30  the amendment or revocation of wills or as provided in

31  subsection (1).

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 1         Section 48.  Subsections (1) and (5) of section

 2  765.517, Florida Statutes, are amended to read:

 3         765.517  Rights and duties at death.--

 4         (1)  The donee, as specified under the provisions of s.

 5  765.515(2), may accept or reject the gift. If the donee

 6  accepts a gift of the entire body or a part of the body to be

 7  used for scientific purposes other than a transplant, the

 8  donee may authorize embalming and the use of the body in

 9  funeral services, subject to the terms of the gift.  If the

10  gift is of a part of the body, the donee shall cause the part

11  to be removed without unnecessary mutilation upon the death of

12  the donor and before or after embalming. After removal of the

13  part, custody of the remainder of the body shall be made

14  available to vests in the surviving spouse, next of kin, or

15  other persons under obligation to dispose of the body.

16         (5)  A person or entity that who acts or attempts to

17  act in good faith and without negligence in accordance accord

18  with the terms of this part or under the anatomical gift laws

19  of another state or a foreign country is not liable for

20  damages in any civil action or subject to prosecution for his

21  or her acts in any criminal proceeding. Neither an individual

22  who makes an anatomical gift nor the individual's estate is

23  liable for any injury or damage that results from the making

24  or the use of the anatomical gift.

25         Section 49.  Section 381.0034, Florida Statutes, is

26  amended to read:

27         381.0034  Requirement for instruction on conditions

28  caused by nuclear, biological, and chemical terrorism and on

29  human immunodeficiency virus and acquired immune deficiency

30  syndrome.--

31  

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 1         (1)  As of July 1, 1991, The Department of Health shall

 2  require each person licensed or certified under chapter 401,

 3  chapter 467, part IV of chapter 468, or chapter 483, as a

 4  condition of biennial relicensure, to complete an educational

 5  course approved by the department on conditions caused by

 6  nuclear, biological, and chemical terrorism. The course shall

 7  consist of education on diagnosis and treatment, the modes of

 8  transmission, infection control procedures, and clinical

 9  management. Such course shall also include information on

10  reporting suspected cases of conditions caused by nuclear,

11  biological, or chemical terrorism to the appropriate health

12  and law enforcement authorities, and prevention of human

13  immunodeficiency virus and acquired immune deficiency

14  syndrome. Such course shall include information on current

15  Florida law on acquired immune deficiency syndrome and its

16  impact on testing, confidentiality of test results, and

17  treatment of patients. Each such licensee or certificateholder

18  shall submit confirmation of having completed said course, on

19  a form provided by the department, when submitting fees or

20  application for each biennial renewal.

21         (2)  Failure to complete the requirements of this

22  section shall be grounds for disciplinary action contained in

23  the chapters specified in subsection (1).  In addition to

24  discipline by the department, the licensee or

25  certificateholder shall be required to complete the required

26  said course or courses.

27         (3)  The department shall require, as a condition of

28  granting a license under the chapters specified in subsection

29  (1), that an applicant making initial application for

30  licensure complete respective an educational courses course

31  acceptable to the department on conditions caused by nuclear,

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 1  biological, and chemical terrorism and on human

 2  immunodeficiency virus and acquired immune deficiency

 3  syndrome.  An applicant who has not taken such courses a

 4  course at the time of licensure shall, upon an affidavit

 5  showing good cause, be allowed 6 months to complete this

 6  requirement.

 7         (4)  The department shall have the authority to adopt

 8  rules to carry out the provisions of this section.

 9         (5)  Any professional holding two or more licenses or

10  certificates subject to the provisions of this section shall

11  be permitted to show proof of having taken one

12  department-approved course on conditions caused by nuclear,

13  biological, and chemical terrorism human immunodeficiency

14  virus and acquired immune deficiency syndrome, for purposes of

15  relicensure or recertification for the additional licenses.

16         (6)  As used in this section, the term "terrorism" has

17  the same meaning as in s. 775.30.

18         Section 50.  Section 381.0035, Florida Statutes, is

19  amended to read:

20         381.0035  Educational courses course on human

21  immunodeficiency virus and acquired immune deficiency syndrome

22  and on conditions caused by nuclear, biological, and chemical

23  terrorism; employees and clients of certain health care

24  facilities.--

25         (1)(a)  The Department of Health shall require all

26  employees and clients of facilities licensed under chapters

27  393, 394, and 397 and employees of facilities licensed under

28  chapter 395 and parts II, III, IV, and VI of chapter 400 to

29  complete, biennially, a continuing educational course on the

30  modes of transmission, infection control procedures, clinical

31  management, and prevention of human immunodeficiency virus and

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 1  acquired immune deficiency syndrome with an emphasis on

 2  appropriate behavior and attitude change. Such instruction

 3  shall include information on current Florida law and its

 4  impact on testing, confidentiality of test results, and

 5  treatment of patients and any protocols and procedures

 6  applicable to human immunodeficiency counseling and testing,

 7  reporting, the offering of HIV testing to pregnant women, and

 8  partner notification issues pursuant to ss. 381.004 and

 9  384.25.

10         (b)  The department shall require all employees of

11  facilities licensed under chapters 393, 394, 395, and 397 and

12  parts II, III, IV, and VI of chapter 400 to complete,

13  biennially, a continuing educational course on conditions

14  caused by nuclear, biological, and chemical terrorism. The

15  course shall consist of education on diagnosis and treatment,

16  modes of transmission, infection control procedures, and

17  clinical management. Such course shall also include

18  information on reporting suspected cases of conditions caused

19  by nuclear, biological, or chemical terrorism to the

20  appropriate health and law enforcement authorities.

21         (2)  New employees of facilities licensed under

22  chapters 393, 394, 395, and 397 and parts II, III, IV, and VI

23  of chapter 400 shall be required to complete a course on human

24  immunodeficiency virus and acquired immune deficiency

25  syndrome, with instruction to include information on current

26  Florida law and its impact on testing, confidentiality of test

27  results, and treatment of patients. New employees of such

28  facilities shall also be required to complete a course on

29  conditions caused by nuclear, biological, and chemical

30  terrorism, with instruction to include information on

31  

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 1  reporting suspected cases to the appropriate health and law

 2  enforcement authorities.

 3         (3)  Facilities licensed under chapters 393, 394, 395,

 4  and 397, and parts II, III, IV, and VI of chapter 400 shall

 5  maintain a record of employees and dates of attendance at

 6  human immunodeficiency virus and acquired immune deficiency

 7  syndrome educational courses on human immunodeficiency virus

 8  and acquired immune deficiency syndrome and on conditions

 9  caused by nuclear, biological, and chemical terrorism.

10         (4)  The department shall have the authority to review

11  the records of each facility to determine compliance with the

12  requirements of this section.  The department may adopt rules

13  to carry out the provisions of this section.

14         (5)  As used in this section, the term "terrorism" has

15  the same meaning as in s. 775.30.

16         Section 51.  Section 401.23, Florida Statutes, is

17  amended to read:

18         401.23  Definitions.--As used in this part, the term:

19         (1)  "Advanced life support" means the use of skills

20  and techniques described in the most recent U.S. DOT National

21  Standard Paramedic Curriculum by a paramedic under the

22  supervision of a licensee's medical director as required by

23  rules of the department. The term "advanced life support" also

24  includes other techniques which have been approved and are

25  performed under conditions specified by rules of the

26  department. The term "advanced life support" also includes

27  provision of care by a paramedic under the supervision of a

28  licensee's medical director to one experiencing an emergency

29  medical condition as defined herein. treatment of

30  life-threatening medical emergencies through the use of

31  techniques such as endotracheal intubation, the administration

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 1  of drugs or intravenous fluids, telemetry, cardiac monitoring,

 2  and cardiac defibrillation by a qualified person, pursuant to

 3  rules of the department.

 4         (2)  "Advanced life support service" means any

 5  emergency medical transport or nontransport service which uses

 6  advanced life support techniques.

 7         (3)  "Air ambulance" means any fixed-wing or

 8  rotary-wing aircraft used for, or intended to be used for, air

 9  transportation of sick or injured persons requiring or likely

10  to require medical attention during transport.

11         (4)  "Air ambulance service" means any publicly or

12  privately owned service, licensed in accordance with the

13  provisions of this part, which operates air ambulances to

14  transport persons requiring or likely to require medical

15  attention during transport.

16         (5)  "Ambulance" or "emergency medical services

17  vehicle" means any privately or publicly owned land or water

18  vehicle that is designed, constructed, reconstructed,

19  maintained, equipped, or operated for, and is used for, or

20  intended to be used for, land or water transportation of sick

21  or injured persons requiring or likely to require medical

22  attention during transport.

23         (6)  "Ambulance driver" means any person who meets the

24  requirements of s. 401.281.

25         (7)  "Basic life support" means the use of skills and

26  techniques described in the most recent U.S. DOT National

27  Standard EMT-Basic Curriculum by an emergency medical

28  technician or paramedic under the supervision of a licensee's

29  medical director as required by rules of the department. The

30  term "basic life support" also includes other techniques which

31  have been approved and are performed under conditions

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 1  specified by rules of the department. The term "basic life

 2  support" also includes provision of care by a paramedic or

 3  emergency medical technician under the supervision of a

 4  licensee's medical director to one experiencing an emergency

 5  medical condition as defined herein. treatment of medical

 6  emergencies by a qualified person through the use of

 7  techniques such as patient assessment, cardiopulmonary

 8  resuscitation (CPR), splinting, obstetrical assistance,

 9  bandaging, administration of oxygen, application of medical

10  antishock trousers, administration of a subcutaneous injection

11  using a premeasured autoinjector of epinephrine to a person

12  suffering an anaphylactic reaction, and other techniques

13  described in the Emergency Medical Technician Basic Training

14  Course Curriculum of the United States Department of

15  Transportation.  The term "basic life support" also includes

16  other techniques which have been approved and are performed

17  under conditions specified by rules of the department.

18         (8)  "Basic life support service" means any emergency

19  medical service which uses only basic life support techniques.

20         (9)  "Certification" means any authorization issued

21  pursuant to this part to a person to act as an emergency

22  medical technician or a paramedic.

23         (10)  "Department" means the Department of Health.

24         (11)  "Emergency medical condition" means:

25         (a)  A medical condition manifesting itself by acute

26  symptoms of sufficient severity, which may include severe

27  pain, psychiatric disturbances, symptoms of substance abuse,

28  or other acute symptoms, such that the absence of immediate

29  medical attention could reasonably be expected to result in

30  any of the following:

31  

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 1         1.  Serious jeopardy to patient health, including a

 2  pregnant woman or fetus.

 3         2.  Serious impairment to bodily functions.

 4         3.  Serious dysfunction of any bodily organ or part.

 5         (b)  With respect to a pregnant woman, that there is

 6  evidence of the onset and persistence of uterine contractions

 7  or rupture of the membranes.

 8         (c)  With respect to a person exhibiting acute

 9  psychiatric disturbance or substance abuse, that the absence

10  of immediate medical attention could reasonably be expected to

11  result in:

12         1.  Serious jeopardy to the health of a patient; or

13         2.  Serious jeopardy to the health of others.

14         (12)(11)  "Emergency medical technician" means a person

15  who is certified by the department to perform basic life

16  support pursuant to this part.

17         (13)(12)  "Interfacility transfer" means the

18  transportation by ambulance of a patient between two

19  facilities licensed under chapter 393, chapter 395, or chapter

20  400, pursuant to this part.

21         (14)(13)  "Licensee" means any basic life support

22  service, advanced life support service, or air ambulance

23  service licensed pursuant to this part.

24         (15)(14)  "Medical direction" means direct supervision

25  by a physician through two-way voice communication or, when

26  such voice communication is unavailable, through established

27  standing orders, pursuant to rules of the department.

28         (16)(15)  "Medical director" means a physician who is

29  employed or contracted by a licensee and who provides medical

30  supervision, including appropriate quality assurance but not

31  

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 1  including administrative and managerial functions, for daily

 2  operations and training pursuant to this part.

 3         (17)(16)  "Mutual aid agreement" means a written

 4  agreement between two or more entities whereby the signing

 5  parties agree to lend aid to one another under conditions

 6  specified in the agreement and as sanctioned by the governing

 7  body of each affected county.

 8         (18)(17)  "Paramedic" means a person who is certified

 9  by the department to perform basic and advanced life support

10  pursuant to this part.

11         (19)(18)  "Permit" means any authorization issued

12  pursuant to this part for a vehicle to be operated as a basic

13  life support or advanced life support transport vehicle or an

14  advanced life support nontransport vehicle providing basic or

15  advanced life support.

16         (20)(19)  "Physician" means a practitioner who is

17  licensed under the provisions of chapter 458 or chapter 459.

18  For the purpose of providing "medical direction" as defined in

19  subsection (14) for the treatment of patients immediately

20  prior to or during transportation to a United States

21  Department of Veterans Affairs medical facility, "physician"

22  also means a practitioner employed by the United States

23  Department of Veterans Affairs.

24         (21)(20)  "Registered nurse" means a practitioner who

25  is licensed to practice professional nursing pursuant to part

26  I of chapter 464.

27         (22)(21)  "Secretary" means the Secretary of Health.

28         (23)(22)  "Service location" means any permanent

29  location in or from which a licensee solicits, accepts, or

30  conducts business under this part.

31  

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 1         Section 52.  Subsection (6) of section 401.27, Florida

 2  Statutes, is amended to read:

 3         401.27  Personnel; standards and certification.--

 4         (6)(a)  The department shall establish by rule a

 5  procedure for biennial renewal certification of emergency

 6  medical technicians. Such rules must require a United States

 7  Department of Transportation refresher training program of at

 8  least 30 hours as approved by the department every 2 years.

 9  Completion of the course required by s. 381.0034(1) shall

10  count toward the 30 hours. The refresher program may be

11  offered in multiple presentations spread over the 2-year

12  period.  The rules must also provide that the refresher course

13  requirement may be satisfied by passing a challenge

14  examination.

15         (b)  The department shall establish by rule a procedure

16  for biennial renewal certification of paramedics.  Such rules

17  must require candidates for renewal to have taken at least 30

18  hours of continuing education units during the 2-year period.

19  Completion of the course required by s. 381.0034(1) shall

20  count toward the 30 hours. The rules must provide that the

21  continuing education requirement may be satisfied by passing a

22  challenge examination.

23         Section 53.  Section 456.033, Florida Statutes, is

24  amended to read:

25         456.033  Requirement for instruction for certain

26  licensees on conditions caused by nuclear, biological, and

27  chemical terrorism and on HIV and AIDS.--

28         (1)  The appropriate board shall require each person

29  licensed or certified under chapter 457; chapter 458; chapter

30  459; chapter 460; chapter 461; chapter 463; part I of chapter

31  464; chapter 465; chapter 466; part II, part III, part V, or

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 1  part X of chapter 468; or chapter 486 to complete a continuing

 2  educational course, approved by the board, on conditions

 3  caused by nuclear, biological, and chemical terrorism human

 4  immunodeficiency virus and acquired immune deficiency syndrome

 5  as part of biennial relicensure or recertification. The course

 6  shall consist of education on diagnosis and treatment, the

 7  modes of transmission, infection control procedures, and

 8  clinical management. Such course shall also include

 9  information on reporting suspected cases of conditions caused

10  by nuclear, biological, or chemical terrorism to the

11  appropriate health and law enforcement authorities, and

12  prevention of human immunodeficiency virus and acquired immune

13  deficiency syndrome. Such course shall include information on

14  current Florida law on acquired immune deficiency syndrome and

15  its impact on testing, confidentiality of test results,

16  treatment of patients, and any protocols and procedures

17  applicable to human immunodeficiency virus counseling and

18  testing, reporting, the offering of HIV testing to pregnant

19  women, and partner notification issues pursuant to ss. 381.004

20  and 384.25.

21         (2)  Each such licensee or certificateholder shall

22  submit confirmation of having completed said course, on a form

23  as provided by the board, when submitting fees for each

24  biennial renewal.

25         (3)  The board shall have the authority to approve

26  additional equivalent courses that may be used to satisfy the

27  requirements in subsection (1).  Each licensing board that

28  requires a licensee to complete an educational course pursuant

29  to this section may count the hours required for completion of

30  the course included in the total continuing educational

31  requirements as required by law.

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 1         (4)  Any person holding two or more licenses subject to

 2  the provisions of this section shall be permitted to show

 3  proof of having taken one board-approved course on conditions

 4  caused by nuclear, biological, and chemical terrorism human

 5  immunodeficiency virus and acquired immune deficiency

 6  syndrome, for purposes of relicensure or recertification for

 7  additional licenses.

 8         (5)  Failure to comply with the above requirements of

 9  this section shall constitute grounds for disciplinary action

10  under each respective licensing chapter and s. 456.072(1)(e).

11  In addition to discipline by the board, the licensee shall be

12  required to complete the required course or courses.

13         (6)  The board shall require as a condition of granting

14  a license under the chapters and parts specified in subsection

15  (1) that an applicant making initial application for licensure

16  complete respective an educational courses course acceptable

17  to the board on conditions caused by nuclear, biological, and

18  chemical terrorism and on human immunodeficiency virus and

19  acquired immune deficiency syndrome. An applicant who has not

20  taken such courses a course at the time of licensure shall,

21  upon an affidavit showing good cause, be allowed 6 months to

22  complete this requirement.

23         (7)  The board shall have the authority to adopt rules

24  to carry out the provisions of this section.

25         (8)  The board shall report to the Legislature by March

26  1 of each year as to the implementation and compliance with

27  the requirements of this section.

28         (9)(a)  In lieu of completing a course as required in

29  subsection (1), the licensee may complete a course on in

30  end-of-life care and palliative health care or a course on

31  HIV/AIDS, so long as the licensee completed an approved

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 1  AIDS/HIV course on conditions caused by nuclear, biological,

 2  and chemical terrorism in the immediately preceding biennium.

 3         (b)  In lieu of completing a course as required by

 4  subsection (1), a person licensed under chapter 466 who has

 5  completed an approved AIDS/HIV course in the immediately

 6  preceding 2 years may complete a course approved by the Board

 7  of Dentistry.

 8         (10)  As used in this section, the term "terrorism" has

 9  the same meaning as in s. 775.30.

10         Section 54.  Section 456.0345, Florida Statutes, is

11  created to read:

12         456.0345  Life support training.--Health care

13  practitioners who obtain training in advanced cardiac life

14  support, cardiopulmonary resuscitation, or emergency first aid

15  shall receive an equivalent number of continuing education

16  course credits which may be applied toward licensure renewal

17  requirements.

18         Section 55.  Subsection (4) of section 458.319, Florida

19  Statutes, is amended to read:

20         458.319  Renewal of license.--

21         (4)  Notwithstanding the provisions of s. 456.033, a

22  physician may complete continuing education on end-of-life

23  care and palliative care in lieu of continuing education in

24  conditions caused by nuclear, biological, and chemical

25  terrorism AIDS/HIV, if that physician has completed the

26  AIDS/HIV continuing education in conditions caused by nuclear,

27  biological, and chemical terrorism in the immediately

28  preceding biennium. As used in this subsection, the term

29  "terrorism" has the same meaning as in s. 775.30.

30         Section 56.  Subsection (5) of section 459.008, Florida

31  Statutes, is amended to read:

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 1         459.008  Renewal of licenses and certificates.--

 2         (5)  Notwithstanding the provisions of s. 456.033, an

 3  osteopathic physician may complete continuing education on

 4  end-of-life and palliative care in lieu of continuing

 5  education in conditions caused by nuclear, biological, and

 6  chemical terrorism AIDS/HIV, if that physician has completed

 7  the AIDS/HIV continuing education in conditions caused by

 8  nuclear, biological, and chemical terrorism in the immediately

 9  preceding biennium. As used in this subsection, the term

10  "terrorism" has the same meaning as in s. 775.30.

11         Section 57.  Subsection (4) is added to section

12  401.2715, Florida Statutes, to read:

13         401.2715  Recertification training of emergency medical

14  technicians and paramedics.--

15         (4)  Any certified emergency medical technician or

16  paramedic may, as a condition of recertification, complete up

17  to 8 hours of training to respond to terrorism, as defined in

18  s. 775.30, and such hours completed may be substituted on a

19  hour-for-hour basis for any other areas of training required

20  for recertification. The department may adopt rules necessary

21  to administer this subsection.

22         Section 58.  Subsection (1) of section 633.35, Florida

23  Statutes, is amended to read:

24         633.35  Firefighter training and certification.--

25         (1)  The division shall establish a firefighter

26  training program of not less than 360 hours, administered by

27  such agencies and institutions as it approves for the purpose

28  of providing basic employment training for firefighters. Any

29  firefighter may, as a condition of certification, complete up

30  to 8 hours of training to respond to terrorism, as defined in

31  s. 775.30, and such hours completed may be substituted on a

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 1  hour-for-hour basis for any other areas of training required

 2  for certification. The division may adopt rules necessary to

 3  administer this subsection. Nothing herein shall require a

 4  public employer to pay the cost of such training.

 5         Section 59.  Subsection (1) of section 943.135, Florida

 6  Statutes, is amended to read:

 7         943.135  Requirements for continued employment.--

 8         (1)  The commission shall, by rule, adopt a program

 9  that requires all officers, as a condition of continued

10  employment or appointment as officers, to receive periodic

11  commission-approved continuing training or education. Such

12  continuing training or education shall be required at the rate

13  of 40 hours every 4 years, and up to 8 hours which may consist

14  of training to respond to terrorism as defined in s. 775.30.

15  No officer shall be denied a reasonable opportunity by the

16  employing agency to comply with this section.  The employing

17  agency must document that the continuing training or education

18  is job-related and consistent with the needs of the employing

19  agency. The employing agency must maintain and submit, or

20  electronically transmit, the documentation to the commission,

21  in a format approved by the commission.  The rule shall also

22  provide:

23         (a)  Assistance to an employing agency in identifying

24  each affected officer, the date of his or her employment or

25  appointment, and his or her most recent date for successful

26  completion of continuing training or education;

27         (b)  A procedure for reactivation of the certification

28  of an officer who is not in compliance with this section; and

29         (c)  A remediation program supervised by the training

30  center director within the geographic area for any officer who

31  is attempting to comply with the provisions of this subsection

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 1  and in whom learning disabilities are identified.  The officer

 2  shall be assigned nonofficer duties, without loss of employee

 3  benefits, and the program shall not exceed 90 days.

 4         Section 60.  Section 381.0421, Florida Statutes, is

 5  created to read:

 6         381.0421  Vaccination against meningococcal meningitis

 7  and hepatitis B.--

 8         (1)  A postsecondary educational institution shall

 9  provide detailed information concerning the risks associated

10  with meningococcal meningitis and hepatitis B and the

11  availability, effectiveness, and known contraindications of

12  any required or recommended vaccine to every student, or to

13  the student's parent or guardian if the student is a minor,

14  who has been accepted for admission.

15         (2)  An individual enrolled in a postsecondary

16  educational institution who will be residing in on-campus

17  housing shall provide documentation of vaccinations against

18  meningococcal meningitis and hepatitis B unless the

19  individual, if the individual is 18 years of age or older, or

20  the individual's parent or guardian, if the individual is a

21  minor, declines the vaccinations by signing a separate waiver

22  for each of these vaccines, provided by the institution,

23  acknowledging receipt and review of the information provided.

24         (3)  This section does not require any postsecondary

25  educational institution to provide or pay for vaccinations

26  against meningococcal meningitis and hepatitis B.

27         Section 61.  Subsection (3) of section 394.4574,

28  Florida Statutes, is amended to read:

29         394.4574  Department responsibilities for a mental

30  health resident who resides in an assisted living facility

31  that holds a limited mental health license.--

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 1         (3)  The Secretary of Children and Family Services, in

 2  consultation with the Agency for Health Care Administration,

 3  shall annually require each district administrator to develop

 4  and implement within a specific legislative appropriation for

 5  this purpose, with community input, detailed plans that

 6  demonstrate how the district will ensure the provision of

 7  state-funded mental health and substance abuse treatment

 8  services to residents of assisted living facilities that hold

 9  a limited mental health license. Each district will hold a

10  publicly announced meeting for input from assisted living

11  facilities that hold a limited mental health license.  The

12  district will record minutes of the meeting. These plans must

13  be consistent with the substance abuse and mental health

14  district plan developed pursuant to s. 394.75 and must address

15  case management services; access to consumer-operated drop-in

16  centers; access to services during evenings, weekends, and

17  holidays; supervision of the clinical needs of the residents;

18  and access to emergency psychiatric care. The state

19  headquarters office will hold an annual meeting to review the

20  district plans and will invite the Florida Assisted Living

21  Association, the Florida Council for Behavioral Healthcare,

22  the Florida Psychiatric Society, and the Alliance for the

23  Mentally Ill.

24         Section 62.  Subsection (2) of section 394.74, Florida

25  Statutes, is amended, present subsections (4) and (5) of that

26  section are renumbered as subsections (5) and (6),

27  respectively, and a new subsection (4) is added to that

28  section to read:

29         394.74  Contracts for provision of local substance

30  abuse and mental health programs.--

31  

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 1         (2)(a)  Contracts for service shall be consistent with

 2  the approved district plan.

 3         (b)  Notwithstanding s. 394.76(3)(a) and (c), the

 4  department may use unit cost methods of payment in contracts

 5  for purchasing mental health and substance abuse services. The

 6  unit cost contracting system must account for those patient

 7  fees that are paid on behalf of a specific client and those

 8  that are earned and used by the provider for those services

 9  funded in whole or in part by the department.

10         (c)  The department may reimburse actual expenditures

11  for startup contracts and fixed capital outlay contracts in

12  accordance with contract specifications. The department is

13  authorized to use case rates or per-capita contracts. The

14  contract provider must report persons served and services

15  provided.

16         (4)  Within existing statewide or district resources,

17  the department shall:

18         (a)  Require that contract funds support individual

19  client treatment or service plans and clinical status.

20         (b)  Develop proposed eligibility criteria and

21  associated benefits packages as a part of the 2004 state

22  master plan submitted pursuant to s. 394.75.

23         (c)  Promote the use of electronic formats for contract

24  materials, including electronic signatures.

25         (d)  Promote the use of web-enabled application

26  software products to simplify and expedite contract data

27  collection and billing.

28         (e)  Ensure consumer choice among providers as provider

29  networks are created pursuant to s. 394.9082.

30         Section 63.  Subsection (20) of section 400.141,

31  Florida Statutes, is amended to read:

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 1         400.141  Administration and management of nursing home

 2  facilities.--Every licensed facility shall comply with all

 3  applicable standards and rules of the agency and shall:

 4         (20)  Maintain general and professional liability

 5  insurance coverage that is in force at all times.

 6  

 7  Facilities that have been awarded a Gold Seal under the

 8  program established in s. 400.235 may develop a plan to

 9  provide certified nursing assistant training as prescribed by

10  federal regulations and state rules and may apply to the

11  agency for approval of their program.

12         Section 64.  Subsection (9) of section 400.147, Florida

13  Statutes, is amended to read:

14         400.147  Internal risk management and quality assurance

15  program.--

16         (9)  By the 10th of each month each facility subject to

17  this section shall report monthly any notice received pursuant

18  to s. 400.0233(2) and each initial complaint that was filed

19  with the clerk of the court and served on the facility during

20  the previous month by a resident, family member, guardian,

21  conservator, or personal legal representative liability claim

22  filed against it. The report must include the name of the

23  resident, the date of birth, the Medicaid identification

24  number for persons eligible for Medicaid, the date or dates of

25  the incident leading to the claim, if applicable, the dates of

26  residency, and the type of injury or violation of rights

27  alleged to have occurred. Each facility shall also submit a

28  copy of the notices received pursuant to s. 400.0233(2) and

29  complaints filed with the clerk of the court. This report is

30  confidential as provided by law and is not discoverable or

31  admissible in any civil or administrative action, except in

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 1  such actions brought by the agency to enforce the provisions

 2  of this part.

 3         Section 65.  (1)  For the period beginning June 30,

 4  2001, and ending June 30, 2005, the Agency for Health Care

 5  Administration shall provide a report to the Governor, the

 6  President of the Senate, and the Speaker of the House of

 7  Representatives with respect to nursing homes. The first

 8  report shall be submitted no later than December 30, 2002, and

 9  every 6 months thereafter. The report shall identify:

10         (a)  Facilities based on their ownership

11  characteristics, size, business structure, for-profit or

12  not-for-profit status, and any other characteristics the

13  agency determines useful in analyzing the varied segments of

14  the nursing home industry;

15         (b)  The number of Notices of Intent to Litigate

16  received by each facility each month;

17         (c)  The number of complaints on behalf of a resident

18  or resident's legal representative which were filed with the

19  clerk of the court each month;

20         (d)  The month in which the injury that is the basis

21  for the suit occurred or was discovered or, if unavailable,

22  the dates of residency of the resident involved, beginning

23  with the date of initial admission and the latest discharge

24  date; and

25         (e)  Information regarding deficiencies cited,

26  including information used to develop the Nursing Home Guide

27  pursuant to section 400.191, Florida Statutes, and applicable

28  rules; a summary of data generated on nursing homes by the

29  Centers for Medicare and Medicaid Services Nursing Home

30  Quality Information Project; and information collected

31  

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 1  pursuant to section 400.147(9), Florida Statutes, relating to

 2  litigation.

 3         (2)  Facilities subject to this part must submit the

 4  information necessary to compile this report each month on

 5  existing forms, as modified, and provided by the agency.

 6         (3)  The agency shall delineate the available

 7  information on a monthly basis.

 8         Section 66.  Subsection (2) of section 499.007, Florida

 9  Statutes, is amended to read:

10         499.007  Misbranded drug or device.--A drug or device

11  is misbranded:

12         (2)  Unless, if in package form, it bears a label

13  containing:

14         (a)  The name and place of business of the manufacturer

15  or distributor; in addition, for a medicinal drug, as defined

16  in s. 499.003, the label must contain the name and place of

17  business of the manufacturer of the finished dosage form of

18  the drug.  For the purpose of this paragraph, the finished

19  dosage form of a medicinal drug is that form of the drug which

20  is, or is intended to be, dispensed or administered to the

21  patient and requires no further manufacturing or processing

22  other than packaging, reconstitution, and labeling; and

23         (b)  An accurate statement of the quantity of the

24  contents in terms of weight, measure, or numerical count;

25  however, under this section, reasonable variations are

26  permitted, and the department shall establish by rule

27  exemptions for small packages.

28  

29  A drug dispensed by filling or refilling a written or oral

30  prescription of a practitioner licensed by law to prescribe

31  such drug is exempt from the requirements of this section,

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 1  except subsections (1), (8), (10), and (11) and the packaging

 2  requirements of subsections (6) and (7), if the drug bears a

 3  label that contains the name and address of the dispenser or

 4  seller, the prescription number and the date the prescription

 5  was written or filled, the name of the prescriber and the name

 6  of the patient, and the directions for use and cautionary

 7  statements.  This exemption does not apply to any drug

 8  dispensed in the course of the conduct of a business of

 9  dispensing drugs pursuant to diagnosis by mail or to any drug

10  dispensed in violation of subsection (12).  The department

11  may, by rule, exempt drugs subject to ss. 499.062-499.064 from

12  subsection (12) if compliance with that subsection is not

13  necessary to protect the public health, safety, and welfare.

14         Section 67.  Effective upon this act becoming a law,

15  subsection (10) of section 627.357, Florida Statutes, is

16  amended to read:

17         627.357  Medical malpractice self-insurance.--

18         (10)(a)1.  An application to form a self-insurance fund

19  under this section must be filed with the department before

20  October 1, 2002. All self-insurance funds authorized under

21  this paragraph must apply for a certificate of authority to

22  become an authorized insurer by October 1, 2006. Any such fund

23  failing to obtain a certificate of authority as an authorized

24  insurer within 1 year of the date of application therefor

25  shall wind down its affairs and shall not issue coverage after

26  the expiration of the 1-year period.

27         2.  Any self insurance fund established pursuant to

28  this section after April 1, 2002, shall also comply with ss.

29  624.460-624.489, notwithstanding s. 624.462(2)(a). In the

30  event of a conflict between the provisions of this section and

31  ss. 624.460-624.489, the latter sections shall govern. With

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 1  respect to those sections, provisions solely applicable to

 2  workers' compensation and employers liability insurance shall

 3  not apply to medical malpractice funds A self insurance may

 4  not be formed under this section after October 1, 1992.

 5         Section 68.  Subsection (7) of section 631.54, Florida

 6  Statutes, is amended to read:

 7         631.54  Definitions.--As used in this part:

 8         (7)  "Member insurer" means any person who writes any

 9  kind of insurance to which this part applies under s. 631.52,

10  including the exchange of reciprocal or interinsurance

11  contracts and any medical malpractice self-insurance fund

12  authorized after April 1, 2002, under s. 627.357, and is

13  licensed to transact insurance in this state.

14         Section 69.  (1)  Effective July 1, 2002, all powers,

15  duties, functions, records, personnel, property, and

16  unexpended balances of appropriations, allocations, and other

17  funds of the Agency for Health Care Administration which

18  relate to consumer complaint services, investigations, and

19  prosecutorial services currently provided by the Agency for

20  Health Care Administration under a contract with the

21  Department of Health are transferred to the Department of

22  Health by a type two transfer, as defined in section 20.06(2),

23  Florida Statutes.  This transfer of funds shall include all

24  advance payments made from the Medical Quality Assurance Trust

25  Fund to the Agency for Health Care Administration.

26         (2)(a)  Effective July 1, 2002, 279 full-time

27  equivalent positions are eliminated from the Agency for Health

28  Care Administration's total number of authorized positions.

29  Effective July 1, 2002, 279 full-time equivalent positions are

30  authorized for the Department of Health, to be added to the

31  department's total number of authorized positions.  However,

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 1  if the General Appropriations Act for fiscal year 2002-2003

 2  reduces the number of positions from the practitioner

 3  regulation component at the Agency for Health Care

 4  Administration, that provision shall be construed to eliminate

 5  the full-time equivalent positions from the practitioner

 6  regulation component, which is hereby transferred to the

 7  Department of Health, thereby resulting in no more than 279

 8  positions being eliminated from the agency and no more than

 9  279 positions being authorized to the department.

10         (b)  All records, personnel, and funds of the consumer

11  complaint and investigative services units of the agency are

12  transferred and assigned to the Division of Medical Quality

13  Assurance of the Department of Health.

14         (c)  All records, personnel, and funds of the health

15  care practitioner prosecutorial unit of the agency are

16  transferred and assigned to the Office of the General Counsel

17  of the Department of Health.

18         (3)  The Department of Health is deemed the successor

19  in interest in all legal proceedings and contracts currently

20  involving the Agency for Health Care Administration and

21  relating to health care practitioner regulation.  Except as

22  provided herein, no legal proceeding shall be dismissed, nor

23  any contract terminated, on the basis of this type two

24  transfer.  The interagency agreement between the Department of

25  Health and the Agency for Health Care Administration shall

26  terminate on June 30, 2002.

27         Section 70.  Section 408.7056, Florida Statutes, is

28  amended to read:

29         408.7056  Statewide Provider and Subscriber Assistance

30  Program.--

31         (1)  As used in this section, the term:

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 1         (a)  "Agency" means the Agency for Health Care

 2  Administration.

 3         (b)  "Department" means the Department of Insurance.

 4         (c)  "Grievance procedure" means an established set of

 5  rules that specify a process for appeal of an organizational

 6  decision.

 7         (d)  "Health care provider" or "provider" means a

 8  state-licensed or state-authorized facility, a facility

 9  principally supported by a local government or by funds from a

10  charitable organization that holds a current exemption from

11  federal income tax under s. 501(c)(3) of the Internal Revenue

12  Code, a licensed practitioner, a county health department

13  established under part I of chapter 154, a prescribed

14  pediatric extended care center defined in s. 400.902, a

15  federally supported primary care program such as a migrant

16  health center or a community health center authorized under s.

17  329 or s. 330 of the United States Public Health Services Act

18  that delivers health care services to individuals, or a

19  community facility that receives funds from the state under

20  the Community Alcohol, Drug Abuse, and Mental Health Services

21  Act and provides mental health services to individuals.

22         (e)  "Managed care entity" means a health maintenance

23  organization or a prepaid health clinic certified under

24  chapter 641, a prepaid health plan authorized under s.

25  409.912, or an exclusive provider organization certified under

26  s. 627.6472.

27         (f)  "Panel" means a statewide provider and subscriber

28  assistance panel selected as provided in subsection (11).

29         (2)  The agency shall adopt and implement a program to

30  provide assistance to subscribers and providers, including

31  those whose grievances are not resolved by the managed care

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 1  entity to the satisfaction of the subscriber or provider. The

 2  program shall consist of one or more panels that meet as often

 3  as necessary to timely review, consider, and hear grievances

 4  and recommend to the agency or the department any actions that

 5  should be taken concerning individual cases heard by the

 6  panel. The panel shall hear every grievance filed by

 7  subscribers and providers on behalf of subscribers, unless the

 8  grievance:

 9         (a)  Relates to a managed care entity's refusal to

10  accept a provider into its network of providers;

11         (b)  Is part of an internal grievance in a Medicare

12  managed care entity or a reconsideration appeal through the

13  Medicare appeals process which does not involve a quality of

14  care issue;

15         (c)  Is related to a health plan not regulated by the

16  state such as an administrative services organization,

17  third-party administrator, or federal employee health benefit

18  program;

19         (d)  Is related to appeals by in-plan suppliers and

20  providers, unless related to quality of care provided by the

21  plan;

22         (e)  Is part of a Medicaid fair hearing pursued under

23  42 C.F.R. ss. 431.220 et seq.;

24         (f)  Is the basis for an action pending in state or

25  federal court;

26         (g)  Is related to an appeal by nonparticipating

27  providers, unless related to the quality of care provided to a

28  subscriber by the managed care entity and the provider is

29  involved in the care provided to the subscriber;

30         (h)  Was filed before the subscriber or provider

31  completed the entire internal grievance procedure of the

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 1  managed care entity, the managed care entity has complied with

 2  its timeframes for completing the internal grievance

 3  procedure, and the circumstances described in subsection (6)

 4  do not apply;

 5         (i)  Has been resolved to the satisfaction of the

 6  subscriber or provider who filed the grievance, unless the

 7  managed care entity's initial action is egregious or may be

 8  indicative of a pattern of inappropriate behavior;

 9         (j)  Is limited to seeking damages for pain and

10  suffering, lost wages, or other incidental expenses, including

11  accrued interest on unpaid balances, court costs, and

12  transportation costs associated with a grievance procedure;

13         (k)  Is limited to issues involving conduct of a health

14  care provider or facility, staff member, or employee of a

15  managed care entity which constitute grounds for disciplinary

16  action by the appropriate professional licensing board and is

17  not indicative of a pattern of inappropriate behavior, and the

18  agency or department has reported these grievances to the

19  appropriate professional licensing board or to the health

20  facility regulation section of the agency for possible

21  investigation; or

22         (l)  Is withdrawn by the subscriber or provider.

23  Failure of the subscriber or the provider to attend the

24  hearing shall be considered a withdrawal of the grievance.

25         (3)  The agency shall review all grievances within 60

26  days after receipt and make a determination whether the

27  grievance shall be heard.  Once the agency notifies the panel,

28  the subscriber or provider, and the managed care entity that a

29  grievance will be heard by the panel, the panel shall hear the

30  grievance either in the network area or by teleconference no

31  later than 120 days after the date the grievance was filed.

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 1  The agency shall notify the parties, in writing, by facsimile

 2  transmission, or by phone, of the time and place of the

 3  hearing. The panel may take testimony under oath, request

 4  certified copies of documents, and take similar actions to

 5  collect information and documentation that will assist the

 6  panel in making findings of fact and a recommendation. A

 7  managed care entity, subscriber, or provider may within 5

 8  working days after the hearing of the grievance submit

 9  additional information to supplement the record before the

10  panel.  Five working days after the hearing of the grievance,

11  the record shall be closed. The panel shall issue a written

12  recommendation, supported by findings of fact, to the provider

13  or subscriber, to the managed care entity, and to the agency

14  or the department no later than 10 15 working days after the

15  record is closed hearing the grievance. If at the hearing the

16  panel requests additional documentation or additional records,

17  the time for issuing a recommendation is tolled until the

18  information or documentation requested has been provided to

19  the panel. Except as provided in this section, the proceedings

20  of the panel are not subject to chapter 120. In the event of a

21  tie vote by the panel, the tie shall be decided by a second

22  vote and additional votes if necessary. In the event of a

23  deadlock, defined as three consecutive votes resulting in a

24  tie vote, such deadlock shall result in a recommendation by

25  the panel that no further action should be taken by the agency

26  or department.

27         (4)  If, upon receiving a proper patient authorization

28  along with a properly filed grievance, the agency requests

29  medical records from a health care provider or managed care

30  entity, the health care provider or managed care entity that

31  has custody of the records has 10 days to provide the records

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 1  to the agency. Records include all medical records, all

 2  telephone communication logs associated with the grievance

 3  both to and from the subscriber, and any other contents of the

 4  internal grievance file associated with the complaint filed

 5  with the Subscriber Assistance Program.  The agency must

 6  impose a fine of up to $500 for each day that the requested

 7  records are not produced. Failure to provide requested medical

 8  records may result in the imposition of a fine of up to $500.

 9  Each day that records are not produced is considered a

10  separate violation.

11         (5)  Grievances that the agency determines pose an

12  immediate and serious threat to a subscriber's health must be

13  given priority over other grievances. The panel may meet at

14  the call of the chair to hear the grievances as quickly as

15  possible but no later than 45 days after the date the

16  grievance is filed, unless the panel receives a waiver of the

17  time requirement from the subscriber.  The panel shall issue a

18  written recommendation, supported by findings of fact, to the

19  department or the agency within 10 days after hearing the

20  expedited grievance.

21         (6)  When the agency determines that the life of a

22  subscriber is in imminent and emergent jeopardy, the chair of

23  the panel may convene an emergency hearing, within 24 hours

24  after notification to the managed care entity and to the

25  subscriber, to hear the grievance.  The grievance must be

26  heard notwithstanding that the subscriber has not completed

27  the internal grievance procedure of the managed care entity.

28  The panel shall, upon hearing the grievance, issue a written

29  emergency recommendation, supported by findings of fact, to

30  the managed care entity, to the subscriber, and to the agency

31  or the department for the purpose of deferring the imminent

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 1  and emergent jeopardy to the subscriber's life.  Within 24

 2  hours after receipt of the panel's emergency recommendation,

 3  the agency or department may issue an emergency order to the

 4  managed care entity. An emergency order remains in force

 5  until:

 6         (a)  The grievance has been resolved by the managed

 7  care entity;

 8         (b)  Medical intervention is no longer necessary; or

 9         (c)  The panel has conducted a full hearing under

10  subsection (3) and issued a recommendation to the agency or

11  the department, and the agency or department has issued a

12  final order.

13         (7)  After hearing a grievance, the panel shall make a

14  recommendation to the agency or the department which may

15  include specific actions the managed care entity must take to

16  comply with state laws or rules regulating managed care

17  entities.

18         (8)  A managed care entity, subscriber, or provider

19  that is affected by a panel recommendation may within 10 days

20  after receipt of the panel's recommendation, or 72 hours after

21  receipt of a recommendation in an expedited grievance, furnish

22  to the agency or department written exceptions evidence in

23  opposition to the recommendation or findings of fact of the

24  panel.

25         (9)  No later than 30 days after the issuance of the

26  panel's recommendation and, for an expedited grievance, no

27  later than 10 days after the issuance of the panel's

28  recommendation, the agency or the department shall issue may

29  adopt the panel's recommendation or findings of fact in a

30  proposed final order or an emergency order, as provided in

31  chapter 120, which it shall issue to the managed care entity.

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 1  However, the agency or department may delay issuance of a

 2  proposed final order or emergency order if the agency or

 3  department finds that additional investigative information is

 4  needed to resolve the subscriber's grievance or if the agency

 5  or department finds that the panel's recommendation or

 6  findings of fact have been improvidently issued by the panel.

 7  The agency or department may issue a proposed final order or

 8  an emergency order, as provided in chapter 120, imposing fines

 9  or sanctions, including those contained in ss. 641.25 and

10  641.52.  The agency or the department may reject all or part

11  of the panel's recommendation or amend the panel's findings of

12  fact based upon:

13         (a)  Written exceptions provided in opposition to the

14  panel's recommendation or findings of fact;

15         (b)  Facts that the agency or department has discovered

16  at such times when additional investigative information is

17  required; or

18         (c)  The agency's or department's finding that the

19  panel's recommendation or findings of fact have been

20  improvidently issued.

21  

22  All fines collected under this subsection must be deposited

23  into the Health Care Trust Fund.

24         (10)  In determining any fine or sanction to be

25  imposed, the agency and the department may consider the

26  following factors:

27         (a)  The severity of the noncompliance, including the

28  probability that death or serious harm to the health or safety

29  of the subscriber will result or has resulted, the severity of

30  the actual or potential harm, and the extent to which

31  provisions of chapter 641 were violated.

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 1         (b)  Actions taken by the managed care entity to

 2  resolve or remedy any quality-of-care grievance.

 3         (c)  Any previous incidents of noncompliance by the

 4  managed care entity.

 5         (d)  Any other relevant factors the agency or

 6  department considers appropriate in a particular grievance.

 7         (11)  The panel shall consist of members employed by

 8  the agency and members employed by the department, chosen by

 9  their respective agencies; a consumer appointed by the

10  Governor; a physician appointed by the Governor, as a standing

11  member; and physicians who have expertise relevant to the case

12  to be heard, on a rotating basis. The agency may contract with

13  a medical director and a primary care physician who shall

14  provide additional technical expertise to the panel.  The

15  medical director shall be selected from a health maintenance

16  organization with a current certificate of authority to

17  operate in Florida. The agency shall develop a training

18  program for persons appointed to membership on the panel. The

19  program shall familiarize such persons with the substantive

20  and procedural laws and rules regarding their responsibilities

21  on the panel, including training with respect to the panel's

22  past recommendations and any subsequent agency action by the

23  agency or department in such cases.

24         (12)  Every managed care entity shall submit a

25  quarterly report to the agency and the department listing the

26  number and the nature of all subscribers' and providers'

27  grievances that which have not been resolved to the

28  satisfaction of the subscriber or provider after the

29  subscriber or provider follows the entire internal grievance

30  procedure of the managed care entity. The agency shall notify

31  all subscribers and providers included in the quarterly

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 1  reports of their right to file an unresolved grievance with

 2  the panel.

 3         (13)  Any information that which would identify a

 4  subscriber or the spouse, relative, or guardian of a

 5  subscriber and that which is contained in a report obtained by

 6  the Department of Insurance pursuant to this section is

 7  confidential and exempt from the provisions of s. 119.07(1)

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

 9         (14)  A proposed final order issued by the agency or

10  department which only requires the managed care entity to take

11  a specific action under subsection (7) is subject to a summary

12  hearing in accordance with s. 120.574, unless all of the

13  parties agree otherwise. If the managed care entity does not

14  prevail at the hearing, the managed care entity must pay

15  reasonable costs and attorney's fees of the agency or the

16  department incurred in that proceeding.

17         (15)(a)  Any information that which would identify a

18  subscriber or the spouse, relative, or guardian of a

19  subscriber and that which is contained in a document, report,

20  or record prepared or reviewed by the panel or obtained by the

21  agency pursuant to this section is confidential and exempt

22  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

23  the State Constitution.

24         (b)  Meetings of the panel shall be open to the public

25  unless the provider or subscriber whose grievance will be

26  heard requests a closed meeting or the agency or the

27  Department of Insurance determines that information of a

28  sensitive personal nature which discloses the subscriber's

29  medical treatment or history; or information that which

30  constitutes a trade secret as defined by s. 812.081; or

31  information relating to internal risk-management risk

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 1  management programs as defined in s. 641.55(5)(c), (6), and

 2  (8) may be revealed at the panel meeting, in which case that

 3  portion of the meeting during which such sensitive personal

 4  information, trade secret information, or internal

 5  risk-management-program risk management program information is

 6  discussed shall be exempt from the provisions of s. 286.011

 7  and s. 24(b), Art. I of the State Constitution.  All closed

 8  meetings shall be recorded by a certified court reporter.

 9  

10  This subsection is subject to the Open Government Sunset

11  Review Act of 1995 in accordance with s. 119.15, and shall

12  stand repealed on October 2, 2003, unless reviewed and saved

13  from repeal through reenactment by the Legislature.

14         Section 71.  Subsection (4) of section 641.3154,

15  Florida Statutes, is amended to read:

16         641.3154  Organization liability; provider billing

17  prohibited.--

18         (4)  A provider or any representative of a provider,

19  regardless of whether the provider is under contract with the

20  health maintenance organization, may not collect or attempt to

21  collect money from, maintain any action at law against, or

22  report to a credit agency a subscriber of an organization for

23  payment of services for which the organization is liable, if

24  the provider in good faith knows or should know that the

25  organization is liable. This prohibition applies during the

26  pendency of any claim for payment made by the provider to the

27  organization for payment of the services and any legal

28  proceedings or dispute resolution process to determine whether

29  the organization is liable for the services if the provider is

30  informed that such proceedings are taking place. It is

31  

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 1  presumed that a provider does not know and should not know

 2  that an organization is liable unless:

 3         (a)  The provider is informed by the organization that

 4  it accepts liability;

 5         (b)  A court of competent jurisdiction determines that

 6  the organization is liable; or

 7         (c)  The department or agency makes a final

 8  determination that the organization is required to pay for

 9  such services subsequent to a recommendation made by the

10  Statewide Provider and Subscriber Assistance Panel pursuant to

11  s. 408.7056.

12         Section 72.  Subsection (1), paragraphs (b) and (e) of

13  subsection (3), paragraph (d) of subsection (4), paragraph (g)

14  of subsection (6), and subsections (9), (10), and (11) of

15  section 641.511, Florida Statutes, are amended to read:

16         641.511  Subscriber grievance reporting and resolution

17  requirements.--

18         (1)  Each Every organization must have a grievance

19  procedure available to its subscribers for the purpose of

20  addressing complaints and grievances. Each Every organization

21  must notify its subscribers that a subscriber must submit a

22  grievance within 1 year after the date of occurrence of the

23  action that initiated the grievance, and may submit the

24  grievance for review to the Statewide Provider and Subscriber

25  Assistance Program panel as provided in s. 408.7056 after

26  receiving a final disposition of the grievance through the

27  organization's grievance process.  An organization shall

28  maintain records of all grievances and shall report annually

29  to the agency the total number of grievances handled, a

30  categorization of the cases underlying the grievances, and the

31  final disposition of the grievances.

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 1         (3)  Each organization's grievance procedure, as

 2  required under subsection (1), must include, at a minimum:

 3         (b)  The names of the appropriate employees or a list

 4  of grievance departments that are responsible for implementing

 5  the organization's grievance procedure.  The list must include

 6  the address and the toll-free telephone number of each

 7  grievance department, the address of the agency and its

 8  toll-free telephone hotline number, and the address of the

 9  Statewide Provider and Subscriber Assistance Program and its

10  toll-free telephone number.

11         (e)  A notice that a subscriber may voluntarily pursue

12  binding arbitration in accordance with the terms of the

13  contract if offered by the organization, after completing the

14  organization's grievance procedure and as an alternative to

15  the Statewide Provider and Subscriber Assistance Program. Such

16  notice shall include an explanation that the subscriber may

17  incur some costs if the subscriber pursues binding

18  arbitration, depending upon the terms of the subscriber's

19  contract.

20         (4)

21         (d)  In any case in which when the review process does

22  not resolve a difference of opinion between the organization

23  and the subscriber or the provider acting on behalf of the

24  subscriber, the subscriber or the provider acting on behalf of

25  the subscriber may submit a written grievance to the Statewide

26  Provider and Subscriber Assistance Program.

27         (6)

28         (g)  In any case in which when the expedited review

29  process does not resolve a difference of opinion between the

30  organization and the subscriber or the provider acting on

31  behalf of the subscriber, the subscriber or the provider

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 1  acting on behalf of the subscriber may submit a written

 2  grievance to the Statewide Provider and Subscriber Assistance

 3  Program. In the letter of final decision for any case in which

 4  the expedited review does not resolve a difference of opinion

 5  between the organization and the subscriber or the provider

 6  acting on behalf of the subscriber, the organization must

 7  notify the subscriber or the provider acting on behalf of the

 8  subscriber of the right to submit the written grievance to the

 9  Subscriber Assistance Program.

10         (9)(a)  The agency shall advise subscribers with

11  grievances to follow their organization's formal grievance

12  process for resolution prior to review by the Statewide

13  Provider and Subscriber Assistance Program. The subscriber

14  may, however, submit a copy of the grievance to the agency at

15  any time during the process.

16         (b)  Requiring completion of the organization's

17  grievance process before the Statewide Provider and Subscriber

18  Assistance Program panel's review does not preclude the agency

19  from investigating any complaint or grievance before the

20  organization makes its final determination.

21         (10)  Each organization must notify the subscriber in a

22  final decision letter that the subscriber may request review

23  of the organization's decision concerning the grievance by the

24  Statewide Provider and Subscriber Assistance Program, as

25  provided in s. 408.7056, if the grievance is not resolved to

26  the satisfaction of the subscriber. The final decision letter

27  must inform the subscriber that the request for review must be

28  made within 365 days after receipt of the final decision

29  letter, must explain how to initiate such a review, and must

30  include the addresses and toll-free telephone numbers of the

31  

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 1  agency and the Statewide Provider and Subscriber Assistance

 2  Program.

 3         (11)  Each organization, as part of its contract with

 4  any provider, must require the provider to post a consumer

 5  assistance notice prominently displayed in the reception area

 6  of the provider and clearly noticeable by all patients. The

 7  consumer assistance notice must state the addresses and

 8  toll-free telephone numbers of the Agency for Health Care

 9  Administration, the Statewide Provider and Subscriber

10  Assistance Program, and the Department of Insurance. The

11  consumer assistance notice must also clearly state that the

12  address and toll-free telephone number of the organization's

13  grievance department shall be provided upon request. The

14  agency may adopt is authorized to promulgate rules necessary

15  to administer implement this section.

16         Section 73.  Subsection (4) of section 641.58, Florida

17  Statutes, is amended to read:

18         641.58  Regulatory assessment; levy and amount; use of

19  funds; tax returns; penalty for failure to pay.--

20         (4)  The moneys received and deposited into the Health

21  Care Trust Fund shall be used to defray the expenses of the

22  agency in the discharge of its administrative and regulatory

23  powers and duties under this part, including conducting an

24  annual survey of the satisfaction of members of health

25  maintenance organizations; contracting with physician

26  consultants for the Statewide Provider and Subscriber

27  Assistance Panel; maintaining offices and necessary supplies,

28  essential equipment, and other materials, salaries and

29  expenses of required personnel; and discharging the

30  administrative and regulatory powers and duties imposed under

31  this part.

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 1         Section 74.  Effective upon this act becoming a law,

 2  subsection (8) of section 400.925, Florida Statutes, is

 3  amended to read:

 4         400.925  Definitions.--As used in this part, the term:

 5         (8)  "Home medical equipment" includes any product as

 6  defined by the Federal Drug Administration's Drugs, Devices

 7  and Cosmetics Act, any products reimbursed under the Medicare

 8  Part B Durable Medical Equipment benefits, or any products

 9  reimbursed under the Florida Medicaid durable medical

10  equipment program. Home medical equipment includes, but is not

11  limited to, oxygen and related respiratory equipment; manual,

12  motorized, or. Home medical equipment includes customized

13  wheelchairs and related seating and positioning, but does not

14  include prosthetics or orthotics or any splints, braces, or

15  aids custom fabricated by a licensed health care practitioner.

16  Home medical equipment includes assistive technology devices,

17  including: manual wheelchairs, motorized wheelchairs,

18  motorized scooters, voice-synthesized computer modules,

19  optical scanners, talking software, braille printers,

20  environmental control devices for use by person with

21  quadriplegia, motor vehicle adaptive transportation aids,

22  devices that enable persons with severe speech disabilities to

23  in effect speak, personal transfer systems and specialty beds,

24  including demonstrator, for use by a person with a medical

25  need.

26         Section 75.  Subsections (9) and (10) are added to

27  section 766.302, Florida Statutes, to read:

28         766.302  Definitions; ss. 766.301-766.316.--As used in

29  ss. 766.301-766.316, the term:

30         (9)  "Family member" means a father, mother, or legal

31  guardian.

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 1         (10)  "Family residential or custodial care" means care

 2  normally rendered by trained professional attendants which is

 3  beyond the scope of child care duties, but which is provided

 4  by family members. Family members who provide nonprofessional

 5  residential or custodial care may not be compensated under

 6  this act for care that falls within the scope of child care

 7  duties and other services normally and gratuitously provided

 8  by family members. Family residential or custodial care shall

 9  be performed only at the direction and control of a physician

10  when such care is medically necessary. Reasonable charges for

11  expenses for family residential or custodial care provided by

12  a family member shall be determined as follows:

13         (a)  If the family member is not employed, the per-hour

14  value equals the federal minimum hourly wage.

15         (b)  If the family member is employed and elects to

16  leave that employment to provide such care, the per-hour value

17  of that care shall equal the rates established by Medicaid for

18  private-duty services provided by a home health aide. A family

19  member or a combination of family members providing care in

20  accordance with this definition may not be compensated for

21  more than a total of 10 hours per day. Family care is in lieu

22  of professional residential or custodial care, and no

23  professional residential or custodial care may be awarded for

24  the period of time during the day that family care is being

25  provided.

26         (c)  The award of family residential or custodial care

27  as defined in this section shall not be included in the

28  current estimates for purposes of s. 766.314(9)(c).

29         Section 76.  Paragraph (a) of subsection (1) of section

30  766.31, Florida Statutes, is amended to read:

31  

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 1         766.31  Administrative law judge awards for

 2  birth-related neurological injuries; notice of award.--

 3         (1)  Upon determining that an infant has sustained a

 4  birth-related neurological injury and that obstetrical

 5  services were delivered by a participating physician at the

 6  birth, the administrative law judge shall make an award

 7  providing compensation for the following items relative to

 8  such injury:

 9         (a)  Actual expenses for medically necessary and

10  reasonable medical and hospital, habilitative and training,

11  family residential or custodial care, professional

12  residential, and custodial care and service, for medically

13  necessary drugs, special equipment, and facilities, and for

14  related travel. However, such expenses shall not include:

15         1.  Expenses for items or services that the infant has

16  received, or is entitled to receive, under the laws of any

17  state or the Federal Government, except to the extent such

18  exclusion may be prohibited by federal law.

19         2.  Expenses for items or services that the infant has

20  received, or is contractually entitled to receive, from any

21  prepaid health plan, health maintenance organization, or other

22  private insuring entity.

23         3.  Expenses for which the infant has received

24  reimbursement, or for which the infant is entitled to receive

25  reimbursement, under the laws of any state or the Federal

26  Government, except to the extent such exclusion may be

27  prohibited by federal law.

28         4.  Expenses for which the infant has received

29  reimbursement, or for which the infant is contractually

30  entitled to receive reimbursement, pursuant to the provisions

31  

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 1  of any health or sickness insurance policy or other private

 2  insurance program.

 3  

 4  Expenses included under this paragraph shall be limited to

 5  reasonable charges prevailing in the same community for

 6  similar treatment of injured persons when such treatment is

 7  paid for by the injured person.

 8         Section 77.  Paragraph (c) of subsection (4) of section

 9  766.314, Florida Statutes, is amended to read:

10         766.314  Assessments; plan of operation.--

11         (4)  The following persons and entities shall pay into

12  the association an initial assessment in accordance with the

13  plan of operation:

14         (c)  On or before December 1, 1988, each physician

15  licensed pursuant to chapter 458 or chapter 459 who wishes to

16  participate in the Florida Birth-Related Neurological Injury

17  Compensation Plan and who otherwise qualifies as a

18  participating physician under ss. 766.301-766.316 shall pay an

19  initial assessment of $5,000. However, if the physician is

20  either a resident physician, assistant resident physician, or

21  intern in an approved postgraduate training program, as

22  defined by the Board of Medicine or the Board of Osteopathic

23  Medicine by rule, and is supervised in accordance with program

24  requirements established by the Accreditation Council for

25  Graduate Medical Education by a physician who is participating

26  in the plan, such resident physician, assistant resident

27  physician, or intern is deemed to be a participating physician

28  without the payment of the assessment.  Participating

29  physicians also include any employee of the Board of Regents

30  who has paid the assessment required by this paragraph and

31  paragraph (5)(a), and any certified nurse midwife supervised

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 1  by such employee.  Participating physicians include any

 2  certified nurse midwife who has paid 50 percent of the

 3  physician assessment required by this paragraph and paragraph

 4  (5)(a) and who is supervised by a participating physician who

 5  has paid the assessment required by this paragraph and

 6  paragraph (5)(a). Supervision shall require that the

 7  supervising physician will be easily available and have a

 8  prearranged plan of treatment for specified patient problems

 9  which the supervised certified nurse midwife or physician may

10  carry out in the absence of any complicating features.  Any

11  physician who elects to participate in such plan on or after

12  January 1, 1989, who was not a participating physician at the

13  time of such election to participate and who otherwise

14  qualifies as a participating physician under ss.

15  766.301-766.316 shall pay an additional initial assessment

16  equal to the most recent assessment made pursuant to this

17  paragraph, paragraph (5)(a), or paragraph (7)(b).

18         Section 78.  Effective October 1, 2002, paragraphs (b),

19  (c), and (e) of subsection (7) of section 627.6475, Florida

20  Statutes, are amended to read:

21         627.6475  Individual reinsurance pool.--

22         (7)  INDIVIDUAL HEALTH REINSURANCE PROGRAM.--

23         (b)  A reinsuring carrier may reinsure with the program

24  coverage of an eligible individual, subject to each of the

25  following provisions:

26         1.  A reinsuring carrier may reinsure an eligible

27  individual within 90 60 days after commencement of the

28  coverage of the eligible individual.

29         2.  The program may not reimburse a participating

30  carrier with respect to the claims of a reinsured eligible

31  individual until the carrier has paid incurred claims of an

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 1  amount equal to the participating carrier's selected

 2  deductible level, as established by the board, at least $5,000

 3  in a calendar year for benefits covered by the program. In

 4  addition, the reinsuring carrier is responsible for 10 percent

 5  of the next $50,000 and 5 percent of the next $100,000 of

 6  incurred claims during a calendar year, and the program shall

 7  reinsure the remainder.

 8         3.  The board shall annually adjust the initial level

 9  of claims and the maximum limit to be retained by the carrier

10  to reflect increases in costs and utilization within the

11  standard market for health benefit plans within the state. The

12  adjustment may not be less than the annual change in the

13  medical component of the "Commerce Price Index for All Urban

14  Consumers" of the Bureau of Labor Statistics of the United

15  States Department of Labor, unless the board proposes and the

16  department approves a lower adjustment factor.

17         4.  A reinsuring carrier may terminate reinsurance for

18  all reinsured eligible individuals on any plan anniversary.

19         5.  The premium rate charged for reinsurance by the

20  program to a health maintenance organization that is approved

21  by the Secretary of Health and Human Services as a federally

22  qualified health maintenance organization pursuant to 42

23  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to

24  requirements that limit the amount of risk that may be ceded

25  to the program, which requirements are more restrictive than

26  subparagraph 2., shall be reduced by an amount equal to that

27  portion of the risk, if any, which exceeds the amount set

28  forth in subparagraph 2., which may not be ceded to the

29  program.

30         6.  The board may consider adjustments to the premium

31  rates charged for reinsurance by the program or carriers that

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 1  use effective cost-containment measures, including high-cost

 2  case management, as defined by the board.

 3         7.  A reinsuring carrier shall apply its

 4  case-management and claims-handling techniques, including, but

 5  not limited to, utilization review, individual case

 6  management, preferred provider provisions, other managed-care

 7  provisions, or methods of operation consistently with both

 8  reinsured business and nonreinsured business.

 9         (c)1.  The board, as part of the plan of operation,

10  shall establish a methodology for determining premium rates to

11  be charged by the program for reinsuring eligible individuals

12  pursuant to this section. The methodology must include a

13  system for classifying individuals which reflects the types of

14  case characteristics commonly used by carriers in this state.

15  The methodology must provide for the development of basic

16  reinsurance premium rates, which shall be multiplied by the

17  factors set for them in this paragraph to determine the

18  premium rates for the program. The basic reinsurance premium

19  rates shall be established by the board, subject to the

20  approval of the department, and shall be set at levels that

21  reasonably approximate gross premiums charged to eligible

22  individuals for individual health insurance by health

23  insurance issuers. The premium rates set by the board may vary

24  by geographical area, as determined under this section, to

25  reflect differences in cost. An eligible individual may be

26  reinsured for a rate that is five times the rate established

27  by the board.

28         2.  The board shall periodically review the methodology

29  established, including the system of classification and any

30  rating factors, to ensure that it reasonably reflects the

31  claims experience of the program. The board may propose

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 1  changes to the rates that are subject to the approval of the

 2  department.

 3         (e)1.  Before September March 1 of each calendar year,

 4  the board shall determine and report to the department the

 5  program net loss in the individual account for the previous

 6  year, including administrative expenses for that year and the

 7  incurred losses for that year, taking into account investment

 8  income and other appropriate gains and losses.

 9         2.  Any net loss in the individual account for the year

10  shall be recouped by assessing the carriers as follows:

11         a.  The operating losses of the program shall be

12  assessed in the following order subject to the specified

13  limitations. The first tier of assessments shall be made

14  against reinsuring carriers in an amount that may not exceed 5

15  percent of each reinsuring carrier's premiums for individual

16  health insurance. If such assessments have been collected and

17  additional moneys are needed, the board shall make a second

18  tier of assessments in an amount that may not exceed 0.5

19  percent of each carrier's health benefit plan premiums.

20         b.  Except as provided in paragraph (f), risk-assuming

21  carriers are exempt from all assessments authorized pursuant

22  to this section. The amount paid by a reinsuring carrier for

23  the first tier of assessments shall be credited against any

24  additional assessments made.

25         c.  The board shall equitably assess reinsuring

26  carriers for operating losses of the individual account based

27  on market share. The board shall annually assess each carrier

28  a portion of the operating losses of the individual account.

29  The first tier of assessments shall be determined by

30  multiplying the operating losses by a fraction, the numerator

31  of which equals the reinsuring carrier's earned premium

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 1  pertaining to direct writings of individual health insurance

 2  in the state during the calendar year for which the assessment

 3  is levied, and the denominator of which equals the total of

 4  all such premiums earned by reinsuring carriers in the state

 5  during that calendar year. The second tier of assessments

 6  shall be based on the premiums that all carriers, except

 7  risk-assuming carriers, earned on all health benefit plans

 8  written in this state. The board may levy interim assessments

 9  against reinsuring carriers to ensure the financial ability of

10  the plan to cover claims expenses and administrative expenses

11  paid or estimated to be paid in the operation of the plan for

12  the calendar year prior to the association's anticipated

13  receipt of annual assessments for that calendar year. Any

14  interim assessment is due and payable within 30 days after

15  receipt by a carrier of the interim assessment notice. Interim

16  assessment payments shall be credited against the carrier's

17  annual assessment. Health benefit plan premiums and benefits

18  paid by a carrier that are less than an amount determined by

19  the board to justify the cost of collection may not be

20  considered for purposes of determining assessments.

21         d.  Subject to the approval of the department, the

22  board shall adjust the assessment formula for reinsuring

23  carriers that are approved as federally qualified health

24  maintenance organizations by the Secretary of Health and Human

25  Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to the extent,

26  if any, that restrictions are placed on them which are not

27  imposed on other carriers.

28         3.  Before September March 1 of each year, the board

29  shall determine and file with the department an estimate of

30  the assessments needed to fund the losses incurred by the

31  

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 1  program in the individual account for the previous calendar

 2  year.

 3         4.  If the board determines that the assessments needed

 4  to fund the losses incurred by the program in the individual

 5  account for the previous calendar year will exceed the amount

 6  specified in subparagraph 2., the board shall evaluate the

 7  operation of the program and report its findings and

 8  recommendations to the department in the format established in

 9  s. 627.6699(11) for the comparable report for the small

10  employer reinsurance program.

11         Section 79.  Effective October 1, 2002, subsection (6)

12  of section 627.667, Florida Statutes, is amended to read:

13         627.667  Extension of benefits.--

14         (6)  This section also applies to holders of group

15  certificates which are renewed, delivered, or issued for

16  delivery to residents of this state under group policies

17  effectuated or delivered outside this state, unless a

18  succeeding carrier under a group policy has agreed to assume

19  liability for the benefits.

20         Section 80.  Effective October 1, 2002, paragraph (e)

21  of subsection (5) of section 627.6692, Florida Statutes, as

22  amended by section 1 of chapter 2001-353, Laws of Florida, is

23  amended to read:

24         627.6692  Florida Health Insurance Coverage

25  Continuation Act.--

26         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

27  PLANS.--

28         (e)1.  A covered employee or other qualified

29  beneficiary who wishes continuation of coverage must pay the

30  initial premium and elect such continuation in writing to the

31  insurance carrier issuing the employer's group health plan

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 1  within 63 30 days after receiving notice from the insurance

 2  carrier under paragraph (d).  Subsequent premiums are due by

 3  the grace period expiration date.  The insurance carrier or

 4  the insurance carrier's designee shall process all elections

 5  promptly and provide coverage retroactively to the date

 6  coverage would otherwise have terminated. The premium due

 7  shall be for the period beginning on the date coverage would

 8  have otherwise terminated due to the qualifying event.  The

 9  first premium payment must include the coverage paid to the

10  end of the month in which the first payment is made.  After

11  the election, the insurance carrier must bill the qualified

12  beneficiary for premiums once each month, with a due date on

13  the first of the month of coverage and allowing a 30-day grace

14  period for payment.

15         2.  Except as otherwise specified in an election, any

16  election by a qualified beneficiary shall be deemed to include

17  an election of continuation of coverage on behalf of any other

18  qualified beneficiary residing in the same household who would

19  lose coverage under the group health plan by reason of a

20  qualifying event.  This subparagraph does not preclude a

21  qualified beneficiary from electing continuation of coverage

22  on behalf of any other qualified beneficiary.

23         Section 81.  Effective October 1, 2002, paragraph (i)

24  of subsection (3), paragraph (c) of subsection (5), paragraphs

25  (f), (g), (h), and (j) of subsection (11), and paragraph (a)

26  of subsection (12) of section 627.6699, Florida Statutes, are

27  amended to read:

28         627.6699  Employee Health Care Access Act.--

29         (3)  DEFINITIONS.--As used in this section, the term:

30         (i)  "Established geographic area" means the county or

31  counties, or any portion of a county or counties, within which

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 1  the carrier provides or arranges for health care services to

 2  be available to its insureds, members, or subscribers.

 3         (5)  AVAILABILITY OF COVERAGE.--

 4         (c)  Every small employer carrier must, as a condition

 5  of transacting business in this state:

 6         1.  Beginning July 1, 2000, offer and issue all small

 7  employer health benefit plans on a guaranteed-issue basis to

 8  every eligible small employer, with 2 to 50 eligible

 9  employees, that elects to be covered under such plan, agrees

10  to make the required premium payments, and satisfies the other

11  provisions of the plan. A rider for additional or increased

12  benefits may be medically underwritten and may only be added

13  to the standard health benefit plan.  The increased rate

14  charged for the additional or increased benefit must be rated

15  in accordance with this section.

16         2.  Beginning July 1, 2000, and until July 31, 2001,

17  offer and issue basic and standard small employer health

18  benefit plans on a guaranteed-issue basis to every eligible

19  small employer which is eligible for guaranteed renewal, has

20  less than two eligible employees, is not formed primarily for

21  the purpose of buying health insurance, elects to be covered

22  under such plan, agrees to make the required premium payments,

23  and satisfies the other provisions of the plan. A rider for

24  additional or increased benefits may be medically underwritten

25  and may be added only to the standard benefit plan. The

26  increased rate charged for the additional or increased benefit

27  must be rated in accordance with this section. For purposes of

28  this subparagraph, a person, his or her spouse, and his or her

29  dependent children shall constitute a single eligible employee

30  if that person and spouse are employed by the same small

31  

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 1  employer and either one has a normal work week of less than 25

 2  hours.

 3         3.a.  Beginning August 1, 2001, offer and issue basic

 4  and standard small employer health benefit plans on a

 5  guaranteed-issue basis, during a 31-day open enrollment period

 6  of August 1 through August 31 of each year, to every eligible

 7  small employer, with fewer than two eligible employees, which

 8  small employer is not formed primarily for the purpose of

 9  buying health insurance and which elects to be covered under

10  such plan, agrees to make the required premium payments, and

11  satisfies the other provisions of the plan. Coverage provided

12  under this subparagraph shall begin on October 1 of the same

13  year as the date of enrollment, unless the small employer

14  carrier and the small employer agree to a different date. A

15  rider for additional or increased benefits may be medically

16  underwritten and may only be added to the standard health

17  benefit plan.  The increased rate charged for the additional

18  or increased benefit must be rated in accordance with this

19  section. For purposes of this subparagraph, a person, his or

20  her spouse, and his or her dependent children constitute a

21  single eligible employee if that person and spouse are

22  employed by the same small employer and either that person or

23  his or her spouse has a normal work week of less than 25

24  hours.

25         b.  Notwithstanding the restrictions set forth in

26  sub-subparagraph a., when a small employer group is losing

27  coverage because a carrier is exercising the provisions of s.

28  627.6571(3)(b) or s. 641.31074(3)(b), the eligible small

29  employer, as defined in sub-subparagraph a., is entitled to

30  enroll with another carrier offering small employer coverage

31  within 63 days after the notice of termination or the

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 1  termination date of the prior coverage, whichever is later.

 2  Coverage provided under this sub-subparagraph begins

 3  immediately upon enrollment, unless the small employer carrier

 4  and the small employer agree to a different date.

 5         4.  This paragraph does not limit a carrier's ability

 6  to offer other health benefit plans to small employers if the

 7  standard and basic health benefit plans are offered and

 8  rejected.

 9         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--

10         (f)  The program has the general powers and authority

11  granted under the laws of this state to insurance companies

12  and health maintenance organizations licensed to transact

13  business, except the power to issue health benefit plans

14  directly to groups or individuals.  In addition thereto, the

15  program has specific authority to:

16         1.  Enter into contracts as necessary or proper to

17  carry out the provisions and purposes of this act, including

18  the authority to enter into contracts with similar programs of

19  other states for the joint performance of common functions or

20  with persons or other organizations for the performance of

21  administrative functions.

22         2.  Sue or be sued, including taking any legal action

23  necessary or proper for recovering any assessments and

24  penalties for, on behalf of, or against the program or any

25  carrier.

26         3.  Take any legal action necessary to avoid the

27  payment of improper claims against the program.

28         4.  Issue reinsurance policies, in accordance with the

29  requirements of this act.

30         5.  Establish rules, conditions, and procedures for

31  reinsurance risks under the program participation.

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 1         6.  Establish actuarial functions as appropriate for

 2  the operation of the program.

 3         7.  Assess participating carriers in accordance with

 4  paragraph (j), and make advance interim assessments as may be

 5  reasonable and necessary for organizational and interim

 6  operating expenses.  Interim assessments shall be credited as

 7  offsets against any regular assessments due following the

 8  close of the calendar year.

 9         8.  Appoint appropriate legal, actuarial, and other

10  committees as necessary to provide technical assistance in the

11  operation of the program, and in any other function within the

12  authority of the program.

13         9.  Borrow money to effect the purposes of the program.

14  Any notes or other evidences of indebtedness of the program

15  which are not in default constitute legal investments for

16  carriers and may be carried as admitted assets.

17         10.  To the extent necessary, increase the $5,000

18  deductible reinsurance requirement to adjust for the effects

19  of inflation. The program may evaluate the desirability of

20  establishing differing levels of deductibles.  If differing

21  levels of deductibles are established, such levels and the

22  resulting premiums must be approved by the department.

23         (g)  A reinsuring carrier may reinsure with the program

24  coverage of an eligible employee of a small employer, or any

25  dependent of such an employee, subject to each of the

26  following provisions:

27         1.  With respect to a standard and basic health care

28  plan, the program may must reinsure the level of coverage

29  provided; and, with respect to any other plan, the program may

30  must reinsure the coverage up to, but not exceeding, the level

31  of coverage provided under the standard and basic health care

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 1  plan. As an alternative to reinsuring the entire level of

 2  coverage provided, the program may develop corridors of

 3  reinsurance designed to coordinate with a reinsuring carrier's

 4  existing reinsurance.  The corridors of reinsurance and

 5  resulting premiums must be approved by the department.

 6         2.  Except in the case of a late enrollee, a reinsuring

 7  carrier may reinsure an eligible employee or dependent within

 8  90 60 days after the commencement of the coverage of the small

 9  employer. A newly employed eligible employee or dependent of a

10  small employer may be reinsured within 90 60 days after the

11  commencement of his or her coverage.

12         3.  A small employer carrier may reinsure an entire

13  employer group within 90 60 days after the commencement of the

14  group's coverage under the plan. The carrier may choose to

15  reinsure newly eligible employees and dependents of the

16  reinsured group pursuant to subparagraph 1.

17         4.  The program may evaluate the option of allowing a

18  small employer carrier to reinsure an entire employer group or

19  an eligible employee at the first or subsequent renewal date.

20  Any such option and the resulting premium must be approved by

21  the department.

22         5.4.  The program may not reimburse a participating

23  carrier with respect to the claims of a reinsured employee or

24  dependent until the carrier has paid incurred claims of an

25  amount equal to the participating carrier's selected

26  deductible level at least $5,000 in a calendar year for

27  benefits covered by the program.  In addition, the reinsuring

28  carrier shall be responsible for 10 percent of the next

29  $50,000 and 5 percent of the next $100,000 of incurred claims

30  during a calendar year and the program shall reinsure the

31  remainder.

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 1         6.5.  The board annually may shall adjust the initial

 2  level of claims and the maximum limit to be retained by the

 3  carrier to reflect increases in costs and utilization within

 4  the standard market for health benefit plans within the state.

 5  The adjustment shall not be less than the annual change in the

 6  medical component of the "Consumer Price Index for All Urban

 7  Consumers" of the Bureau of Labor Statistics of the Department

 8  of Labor, unless the board proposes and the department

 9  approves a lower adjustment factor.

10         7.6.  A small employer carrier may terminate

11  reinsurance for all reinsured employees or dependents on any

12  plan anniversary.

13         8.7.  The premium rate charged for reinsurance by the

14  program to a health maintenance organization that is approved

15  by the Secretary of Health and Human Services as a federally

16  qualified health maintenance organization pursuant to 42

17  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to

18  requirements that limit the amount of risk that may be ceded

19  to the program, which requirements are more restrictive than

20  subparagraph 4., shall be reduced by an amount equal to that

21  portion of the risk, if any, which exceeds the amount set

22  forth in subparagraph 4. which may not be ceded to the

23  program.

24         9.8.  The board may consider adjustments to the premium

25  rates charged for reinsurance by the program for carriers that

26  use effective cost containment measures, including high-cost

27  case management, as defined by the board.

28         10.9.  A reinsuring carrier shall apply its

29  case-management and claims-handling techniques, including, but

30  not limited to, utilization review, individual case

31  management, preferred provider provisions, other managed care

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 1  provisions or methods of operation, consistently with both

 2  reinsured business and nonreinsured business.

 3         (h)1.  The board, as part of the plan of operation,

 4  shall establish a methodology for determining premium rates to

 5  be charged by the program for reinsuring small employers and

 6  individuals pursuant to this section.  The methodology shall

 7  include a system for classification of small employers that

 8  reflects the types of case characteristics commonly used by

 9  small employer carriers in the state.  The methodology shall

10  provide for the development of basic reinsurance premium

11  rates, which shall be multiplied by the factors set for them

12  in this paragraph to determine the premium rates for the

13  program. The basic reinsurance premium rates shall be

14  established by the board, subject to the approval of the

15  department, and shall be set at levels which reasonably

16  approximate gross premiums charged to small employers by small

17  employer carriers for health benefit plans with benefits

18  similar to the standard and basic health benefit plan.  The

19  premium rates set by the board may vary by geographical area,

20  as determined under this section, to reflect differences in

21  cost.  The multiplying factors must be established as follows:

22         a.  The entire group may be reinsured for a rate that

23  is 1.5 times the rate established by the board.

24         b.  An eligible employee or dependent may be reinsured

25  for a rate that is 5 times the rate established by the board.

26         2.  The board periodically shall review the methodology

27  established, including the system of classification and any

28  rating factors, to assure that it reasonably reflects the

29  claims experience of the program.  The board may propose

30  changes to the rates which shall be subject to the approval of

31  the department.

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 1         (j)1.  Before September March 1 of each calendar year,

 2  the board shall determine and report to the department the

 3  program net loss for the previous year, including

 4  administrative expenses for that year, and the incurred losses

 5  for the year, taking into account investment income and other

 6  appropriate gains and losses.

 7         2.  Any net loss for the year shall be recouped by

 8  assessment of the carriers, as follows:

 9         a.  The operating losses of the program shall be

10  assessed in the following order subject to the specified

11  limitations.  The first tier of assessments shall be made

12  against reinsuring carriers in an amount which shall not

13  exceed 5 percent of each reinsuring carrier's premiums from

14  health benefit plans covering small employers.  If such

15  assessments have been collected and additional moneys are

16  needed, the board shall make a second tier of assessments in

17  an amount which shall not exceed 0.5 percent of each carrier's

18  health benefit plan premiums.  Except as provided in paragraph

19  (n), risk-assuming carriers are exempt from all assessments

20  authorized pursuant to this section.  The amount paid by a

21  reinsuring carrier for the first tier of assessments shall be

22  credited against any additional assessments made.

23         b.  The board shall equitably assess carriers for

24  operating losses of the plan based on market share.  The board

25  shall annually assess each carrier a portion of the operating

26  losses of the plan.  The first tier of assessments shall be

27  determined by multiplying the operating losses by a fraction,

28  the numerator of which equals the reinsuring carrier's earned

29  premium pertaining to direct writings of small employer health

30  benefit plans in the state during the calendar year for which

31  the assessment is levied, and the denominator of which equals

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 1  the total of all such premiums earned by reinsuring carriers

 2  in the state during that calendar year. The second tier of

 3  assessments shall be based on the premiums that all carriers,

 4  except risk-assuming carriers, earned on all health benefit

 5  plans written in this state. The board may levy interim

 6  assessments against carriers to ensure the financial ability

 7  of the plan to cover claims expenses and administrative

 8  expenses paid or estimated to be paid in the operation of the

 9  plan for the calendar year prior to the association's

10  anticipated receipt of annual assessments for that calendar

11  year.  Any interim assessment is due and payable within 30

12  days after receipt by a carrier of the interim assessment

13  notice. Interim assessment payments shall be credited against

14  the carrier's annual assessment.  Health benefit plan premiums

15  and benefits paid by a carrier that are less than an amount

16  determined by the board to justify the cost of collection may

17  not be considered for purposes of determining assessments.

18         c.  Subject to the approval of the department, the

19  board shall make an adjustment to the assessment formula for

20  reinsuring carriers that are approved as federally qualified

21  health maintenance organizations by the Secretary of Health

22  and Human Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to

23  the extent, if any, that restrictions are placed on them that

24  are not imposed on other small employer carriers.

25         3.  Before September March 1 of each year, the board

26  shall determine and file with the department an estimate of

27  the assessments needed to fund the losses incurred by the

28  program in the previous calendar year.

29         4.  If the board determines that the assessments needed

30  to fund the losses incurred by the program in the previous

31  calendar year will exceed the amount specified in subparagraph

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 1  2., the board shall evaluate the operation of the program and

 2  report its findings, including any recommendations for changes

 3  to the plan of operation, to the department within 240 90 days

 4  following the end of the calendar year in which the losses

 5  were incurred.  The evaluation shall include an estimate of

 6  future assessments, the administrative costs of the program,

 7  the appropriateness of the premiums charged and the level of

 8  carrier retention under the program, and the costs of coverage

 9  for small employers. If the board fails to file a report with

10  the department within 240 90 days following the end of the

11  applicable calendar year, the department may evaluate the

12  operations of the program and implement such amendments to the

13  plan of operation the department deems necessary to reduce

14  future losses and assessments.

15         5.  If assessments exceed the amount of the actual

16  losses and administrative expenses of the program, the excess

17  shall be held as interest and used by the board to offset

18  future losses or to reduce program premiums. As used in this

19  paragraph, the term "future losses" includes reserves for

20  incurred but not reported claims.

21         6.  Each carrier's proportion of the assessment shall

22  be determined annually by the board, based on annual

23  statements and other reports considered necessary by the board

24  and filed by the carriers with the board.

25         7.  Provision shall be made in the plan of operation

26  for the imposition of an interest penalty for late payment of

27  an assessment.

28         8.  A carrier may seek, from the commissioner, a

29  deferment, in whole or in part, from any assessment made by

30  the board.  The department may defer, in whole or in part, the

31  assessment of a carrier if, in the opinion of the department,

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 1  the payment of the assessment would place the carrier in a

 2  financially impaired condition.  If an assessment against a

 3  carrier is deferred, in whole or in part, the amount by which

 4  the assessment is deferred may be assessed against the other

 5  carriers in a manner consistent with the basis for assessment

 6  set forth in this section. The carrier receiving such

 7  deferment remains liable to the program for the amount

 8  deferred and is prohibited from reinsuring any individuals or

 9  groups in the program if it fails to pay assessments.

10         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT

11  PLANS.--

12         (a)1.  By May 15, 1993, the commissioner shall appoint

13  a health benefit plan committee composed of four

14  representatives of carriers which shall include at least two

15  representatives of HMOs, at least one of which is a staff

16  model HMO, two representatives of agents, four representatives

17  of small employers, and one employee of a small employer.  The

18  carrier members shall be selected from a list of individuals

19  recommended by the board.  The commissioner may require the

20  board to submit additional recommendations of individuals for

21  appointment.

22         2.  The plans shall comply with all of the requirements

23  of this subsection.

24         3.  The plans must be filed with and approved by the

25  department prior to issuance or delivery by any small employer

26  carrier.

27         4.  Before October 1, 2002, and in every 4th year

28  thereafter, the commissioner shall appoint a new health

29  benefit plan committee in the manner provided in subparagraph

30  1. to determine whether modifications to a plan might be

31  appropriate and to submit recommended modifications to the

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 1  department for approval. Such a determination must be based

 2  upon prevailing industry standards regarding managed care and

 3  cost-containment provisions and is to serve the purpose of

 4  ensuring that the benefit plans offered to small employers on

 5  a guaranteed-issue basis are consistent with the low-priced to

 6  mid-priced benefit plans offered in the large-group market.

 7  Each new health benefit plan committee shall evaluate the

 8  implementation of this act and its impact on the entities that

 9  provide the plans, the number of enrollees, the participants

10  covered by the plans and their access to care, the scope of

11  health care coverage offered under the plans, the difference

12  in premiums between these plans and standard or basic plans,

13  and an assessment of the plans. This determination shall be

14  included in a report submitted to the President of the Senate

15  and the Speaker of the House of Representatives annually by

16  October 1. After approval of the revised health benefit plans,

17  if the department determines that modifications to a plan

18  might be appropriate, the commissioner shall appoint a new

19  health benefit plan committee in the manner provided in

20  subparagraph 1. to submit recommended modifications to the

21  department for approval.

22         Section 82.  Effective October 1, 2002, section

23  627.911, Florida Statutes, is amended to read:

24         627.911  Scope of this part.--Any insurer or health

25  maintenance organization transacting insurance in this state

26  shall report information as required by this part.

27         Section 83.  Effective October 1, 2002, section

28  627.9175, Florida Statutes, is amended to read:

29         627.9175  Reports of information on health insurance.--

30         (1)  Each authorized health insurer shall submit

31  annually to the department information concerning health

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 1  insurance coverage being issued or currently in force in this

 2  state. The information must include information related to

 3  premium, number of policies, and covered lives for such

 4  policies and other information necessary for analyzing trends

 5  in enrollment, premiums, and claim costs. as to policies of

 6  individual health insurance:

 7         (a)  The required information must be broken down by

 8  market segment, to include:

 9         1.  Health insurance issuer company contact

10  information.

11         2.  Information on all health insurance products issued

12  or in force. Such information must include:

13         a.  Direct premiums earned.

14         b.  Direct losses incurred.

15         c.  Direct premiums earned for new business issued

16  during the year.

17         d.  Number of policies.

18         e.  Number of certificates.

19         f.  Number of total covered lives.

20         A summary of typical benefits, exclusions, and

21  limitations for each type of individual policy form currently

22  being issued in the state.  The summary shall include, as

23  appropriate:

24         1.  The deductible amount;

25         2.  The coinsurance percentage;

26         3.  The out-of-pocket maximum;

27         4.  Outpatient benefits;

28         5.  Inpatient benefits; and

29         6.  Any exclusions for preexisting conditions.

30  

31  

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 1  The department shall determine other appropriate benefits,

 2  exclusions, and limitations to be reported for inclusion in

 3  the consumer's guide published pursuant to this section.

 4         (b)  The department may adopt rules to administer this

 5  section, including, but not limited to, rules governing

 6  compliance and provisions implementing electronic

 7  methodologies for use in furnishing such records or documents.

 8  A schedule of rates for each type of individual policy form

 9  reflecting typical variations by age, sex, region of the

10  state, or any other applicable factor which is in use and is

11  determined to be appropriate for inclusion by the department.

12  

13  The department may shall provide by rule a uniform format for

14  the submission of this information in order to allow for

15  meaningful comparisons of premiums charged for comparable

16  benefits. The department shall publish annually a consumer's

17  guide which summarizes and compares the information required

18  to be reported under this subsection.

19         (2)(a)  The department shall publish annually a

20  consumer's guide Every insurer transacting health insurance in

21  this state shall report annually to the department, not later

22  than April 1, information relating to any measure the insurer

23  has implemented or proposes to implement during the next

24  calendar year for the purpose of containing health insurance

25  costs or cost increases. The reports shall identify each

26  measure and the forms to which the measure is applied, shall

27  provide an explanation as to how the measure is used, and

28  shall provide an estimate of the cost effect of the measure.

29         (b)  The department shall promulgate forms to be used

30  by insurers in reporting information pursuant to this

31  subsection and shall utilize such forms to analyze the effects

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 1  of health care cost containment programs used by health

 2  insurers in this state.

 3         (c)  The department shall analyze the data reported

 4  under this subsection and shall annually make available to the

 5  public a summary of its findings as to the types of cost

 6  containment measures reported and the estimated effect of

 7  these measures.

 8         Section 84.  Effective October 1, 2002, section

 9  627.9403, Florida Statutes, is amended to read:

10         627.9403  Scope.--The provisions of this part shall

11  apply to long-term care insurance policies delivered or issued

12  for delivery in this state, and to policies delivered or

13  issued for delivery outside this state to the extent provided

14  in s. 627.9406, by an insurer, a fraternal benefit society as

15  defined in s. 632.601, a health maintenance organization as

16  defined in s. 641.19, a prepaid health clinic as defined in s.

17  641.402, or a multiple-employer welfare arrangement as defined

18  in s. 624.437. A policy which is advertised, marketed, or

19  offered as a long-term care policy and as a Medicare

20  supplement policy shall meet the requirements of this part and

21  the requirements of ss. 627.671-627.675 and, to the extent of

22  a conflict, be subject to the requirement that is more

23  favorable to the policyholder or certificateholder. The

24  provisions of this part shall not apply to a continuing care

25  contract issued pursuant to chapter 651 and shall not apply to

26  guaranteed renewable policies issued prior to October 1, 1988.

27  Any limited benefit policy that limits coverage to care in a

28  nursing home or to one or more lower levels of care required

29  or authorized to be provided by this part or by department

30  rule must meet all requirements of this part that apply to

31  long-term care insurance policies, except ss. 627.9407(3)(c)

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 1  and (d), (9), (10)(f), and (12) and 627.94073(2). If the

 2  limited benefit policy does not provide coverage for care in a

 3  nursing home, but does provide coverage for one or more lower

 4  levels of care, the policy shall also be exempt from the

 5  requirements of s. 627.9407(3)(d).

 6         Section 85.  Paragraphs (b) and (d) of subsection (3)

 7  of section 641.31, Florida Statutes, are amended to read:

 8         641.31  Health maintenance contracts.--

 9         (3)

10         (b)  Any change in the rate is subject to paragraph (d)

11  and requires at least 30 days' advance written notice to the

12  subscriber. In the case of a group member, there may be a

13  contractual agreement with the health maintenance organization

14  to have the employer provide the required notice to the

15  individual members of the group. This paragraph does not apply

16  to a group contract covering 51 or more persons unless the

17  rate is for any coverage under which the increase in claim

18  costs over the lifetime of the contract due to advancing age

19  or duration is prefunded in the premium.

20         (d)  Any change in rates charged for the contract must

21  be filed with the department not less than 30 days in advance

22  of the effective date. At the expiration of such 30 days, the

23  rate filing shall be deemed approved unless prior to such time

24  the filing has been affirmatively approved or disapproved by

25  order of the department pursuant to s. 627.411. The approval

26  of the filing by the department constitutes a waiver of any

27  unexpired portion of such waiting period. The department may

28  extend by not more than an additional 15 days the period

29  within which it may so affirmatively approve or disapprove any

30  such filing, by giving notice of such extension before

31  expiration of the initial 30-day period. At the expiration of

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 1  any such period as so extended, and in the absence of such

 2  prior affirmative approval or disapproval, any such filing

 3  shall be deemed approved.

 4         Section 86.  Effective October 1, 2002, subsections (1)

 5  and (3) of section 641.3111, Florida Statutes, are amended to

 6  read:

 7         641.3111  Extension of benefits.--

 8         (1)  Every group health maintenance contract shall

 9  provide that termination of the contract shall be without

10  prejudice to any continuous loss which commenced while the

11  contract was in force, but any extension of benefits beyond

12  the period the contract was in force may be predicated upon

13  the continuous total disability of the subscriber and may be

14  limited to payment for the treatment of a specific accident or

15  illness incurred while the subscriber was a member. The

16  extension is required regardless of whether the group contract

17  holder or other entity secures replacement coverage from a new

18  insurer or health maintenance organization or foregoes the

19  provision of coverage. The required provision must provide for

20  continuation of contract benefits in connection with the

21  treatment of a specific accident or illness incurred while the

22  contract was in effect. Such extension of benefits may be

23  limited to the occurrence of the earliest of the following

24  events:

25         (a)  The expiration of 12 months.

26         (b)  Such time as the member is no longer totally

27  disabled.

28         (c)  A succeeding carrier elects to provide replacement

29  coverage without limitation as to the disability condition.

30         (d)  The maximum benefits payable under the contract

31  have been paid.

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 1         (3)  In the case of maternity coverage, when not

 2  covered by the succeeding carrier, a reasonable extension of

 3  benefits or accrued liability provision is required, which

 4  provision provides for continuation of the contract benefits

 5  in connection with maternity expenses for a pregnancy that

 6  commenced while the policy was in effect.  The extension shall

 7  be for the period of that pregnancy and shall not be based

 8  upon total disability.

 9         Section 87.  If any law that is amended by this act was

10  also amended by a law enacted at the 2002 Regular Session of

11  the Legislature, such laws shall be construed as if they had

12  been enacted at the same session of the Legislature, and full

13  effect should be given to each if that is possible.

14         Section 88.  Except as otherwise provided in this act,

15  this act shall take effect July 1, 2002.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Revises and creates provisions relating to a wide variety
      of subjects relating to health care, health care
20    providers, and health care delivery. (See bill for
      details.)
21  

22  

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24  

25  

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31  

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