HB 1121

1	A bill to be entitled
2	An act relating to health care providers; amending s.
3	766.1115, F.S.; revising definitions; providing
4	qualifications for volunteer, uncompensated services;
5	extending protection of sovereign immunity to free clinics
6	as health care providers; authorizing the Department of
7	Health to adopt certain rules to standardize the referral
8	and eligibility process; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraphs (a) and (d) of subsection (3),
13	subsection (4), and subsection (10) of section 766.1115, Florida
14	Statutes, are amended to read:
15	766.1115  Health care providers; creation of agency
16	relationship with governmental contractors.--
17	(3)  DEFINITIONS.--As used in this section, the term:
18	(a)  "Contract" means an agreement executed in compliance
19	with this section between a health care provider and a
20	governmental contractor. This contract shall allow the health
21	care provider to deliver health care services to low-income
22	recipients as an agent of the governmental contractor. The
23	contract must be for volunteer, uncompensated services. For
24	services to qualify as volunteer, uncompensated services under
25	this section, the health care provider must receive no
26	compensation from the governmental contractor for any services
27	provided under the contract and must not bill or accept
28	compensation from the recipient, or any public or private third-
29	party payor, for the specific services provided to the low-
30	income recipients covered by the contract.
31	(d)  "Health care provider" or "provider" means:
32	1.  A birth center licensed under chapter 383.
33	2.  An ambulatory surgical center licensed under chapter
34	395.
35	3.  A hospital licensed under chapter 395.
36	4.  A physician or physician assistant licensed under
37	chapter 458.
38	5.  An osteopathic physician or osteopathic physician
39	assistant licensed under chapter 459.
40	6.  A chiropractic physician licensed under chapter 460.
41	7.  A podiatric physician licensed under chapter 461.
42	8.  A registered nurse, nurse midwife, licensed practical
43	nurse, or advanced registered nurse practitioner licensed or
44	registered under part I of chapter 464 or any facility which
45	employs nurses licensed or registered under part I of chapter
46	464 to supply all or part of the care delivered under this
47	section.
48	9.  A midwife licensed under chapter 467.
49	10.  A health maintenance organization certificated under
50	part I of chapter 641.
51	11.  A health care professional association and its
52	employees or a corporate medical group and its employees.
53	12.  Any other medical facility the primary purpose of
54	which is to deliver human medical diagnostic services or which
55	delivers nonsurgical human medical treatment, and which includes
56	an office maintained by a provider.
57	13.  A dentist or dental hygienist licensed under chapter
58	466.
59	14.  A free clinic that delivers only medical diagnostic
60	services or nonsurgical medical treatment free of charge to all
61	low-income recipients.
62	15.14.  Any other health care professional, practitioner,
63	provider, or facility under contract with a governmental
64	contractor, including a student enrolled in an accredited
65	program that prepares the student for licensure as any one of
66	the professionals listed in subparagraphs 4.-9.
67
68	The term includes any nonprofit corporation qualified as exempt
69	from federal income taxation under s. 501(a) of the Internal
70	Revenue Code, and described in s. 501(c) of the Internal Revenue
71	Code, which delivers health care services provided by licensed
72	professionals listed in this paragraph, any federally funded
73	community health center, and any volunteer corporation or
74	volunteer health care provider that delivers health care
75	services.
76	(4)  CONTRACT REQUIREMENTS.--A health care provider that
77	executes a contract with a governmental contractor to deliver
78	health care services on or after April 17, 1992, as an agent of
79	the governmental contractor is an agent for purposes of s.
80	768.28(9), while acting within the scope of duties under
81	pursuant to the contract, if the contract complies with the
82	requirements of this section and regardless of whether the
83	individual treated is later found to be ineligible. A health
84	care provider under contract with the state may not be named as
85	a defendant in any action arising out of the medical care or
86	treatment provided on or after April 17, 1992, under pursuant to
87	contracts entered into under this section. The contract must
88	provide that:
89	(a)  The right of dismissal or termination of any health
90	care provider delivering services under pursuant to the contract
91	is retained by the governmental contractor.
92	(b)  The governmental contractor has access to the patient
93	records of any health care provider delivering services under
94	pursuant to the contract.
95	(c)  Adverse incidents and information on treatment
96	outcomes must be reported by any health care provider to the
97	governmental contractor if the such incidents and information
98	pertain to a patient treated under pursuant to the contract. The
99	health care provider shall submit the reports required by s.
100	395.0197. If an incident involves a professional licensed by the
101	Department of Health or a facility licensed by the Agency for
102	Health Care Administration, the governmental contractor shall
103	submit such incident reports to the appropriate department or
104	agency, which shall review each incident and determine whether
105	it involves conduct by the licensee that is subject to
106	disciplinary action. All patient medical records and any
107	identifying information contained in adverse incident reports
108	and treatment outcomes which are obtained by governmental
109	entities under pursuant to this paragraph are confidential and
110	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
111	of the State Constitution.
112	(d)  Patient selection and initial referral must be made
113	solely by the governmental contractor, and the provider must
114	accept all referred patients. However, the number of patients
115	that must be accepted may be limited by the contract, and
116	patients may not be transferred to the provider based on a
117	violation of the antidumping provisions of the Omnibus Budget
118	Reconciliation Act of 1989, the Omnibus Budget Reconciliation
119	Act of 1990, or chapter 395.
120	(e)  If emergency care is required, the patient need not be
121	referred before receiving treatment, but must be referred within
122	48 hours after treatment is commenced or within 48 hours after
123	the patient has the mental capacity to consent to treatment,
124	whichever occurs later.
125	(f)  Patient care, including any followup or hospital care,
126	is subject to approval by the governmental contractor.
127	(g)  The provider is subject to supervision and regular
128	inspection by the governmental contractor.
129
130	A governmental contractor that is also a health care provider is
131	not required to enter into a contract under this section with
132	respect to the health care services delivered by its employees.
133	(10)  RULES.--The department shall adopt rules to
134	administer this section in a manner consistent with its purpose
135	to provide and facilitate access to appropriate, safe, and cost-
136	effective health care services and to maintain health care
137	quality. The rules may include services to be provided and
138	authorized procedures. The department may adopt rules pursuant
139	to ss. 120.536(1) and 120.54 to standardize the referral and
140	eligibility process, including the designation of allowable
141	methods for determination and approval of eligibility by the
142	governmental contractor.
143	Section 2.  This act shall take effect upon becoming a law.

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