Florida Senate - 2010 SB 1358
By Senator Wilson
33-01120-10 20101358__
1 A bill to be entitled
2 An act relating to infant eye care; amending s.
3 383.04, F.S.; requiring certain eye examinations for
4 all infants born in hospitals in the state; revising
5 an exception to the applicability of certain
6 requirements concerning infant eye care; amending s.
7 383.07, F.S.; clarifying the application of a penalty;
8 amending ss. 627.6416 and 641.31, F.S.; providing that
9 coverage for children under health insurance policies
10 and health maintenance organization contracts must
11 include certain eye examinations for infants and
12 children; providing that the act fulfills an important
13 state interest; providing for application; providing
14 an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 383.04, Florida Statutes, is amended to
19 read:
20 383.04 Prophylactic required for eyes of infants.—
21 (1) Every physician, midwife, or other person in attendance
22 at the birth of a child in the state shall is required to
23 instill or have instilled into the eyes of the baby within 1
24 hour after birth an effective prophylactic recommended by the
25 Committee on Infectious Diseases of the American Academy of
26 Pediatrics for the prevention of neonatal ophthalmia.
27 (2) Each child born in a hospital in the state must, before
28 being discharged from the hospital, receive an eye examination
29 using an ophthalmoscope and dilation of the pupils for detection
30 of pediatric congenital and ocular abnormalities.
31 (3) This section does not apply to cases where the parents
32 file written objections with the physician, midwife, or other
33 person in attendance at the birth of a child written objections
34 on account of religious beliefs contrary to the use of drugs. In
35 such case the physician, midwife, or other person in attendance
36 shall maintain a record that such measures were or were not
37 employed and attach thereto any written objection.
38 Section 2. Section 383.07, Florida Statutes, is amended to
39 read:
40 383.07 Penalty for violation.—Any person who fails to
41 comply with the provisions of s. 383.04(1) or s. 383.06 commits
42 ss. 383.04-383.06 shall be guilty of a misdemeanor of the second
43 degree, punishable as provided in s. 775.083.
44 Section 3. Paragraph (a) of subsection (2) of section
45 627.6416, Florida Statutes, is amended to read:
46 627.6416 Coverage for child health supervision services.—
47 (2) As used in this section, the term “child health
48 supervision services” means physician-delivered or physician
49 supervised services that include, at a minimum, services
50 delivered at the intervals and scope stated in this section.
51 (a) Child health supervision services must include periodic
52 visits that which shall include a history;, a physical
53 examination;, a developmental assessment and anticipatory
54 guidance;, and appropriate immunizations and laboratory tests;
55 and eye examinations at birth, at 6 to 8 weeks of age, and at 6
56 to 9 months of age, using an ophthalmoscope and dilation of the
57 pupils for detection of pediatric congenital and ocular
58 abnormalities and developmental abnormalities. Such services and
59 periodic visits shall be provided in accordance with prevailing
60 medical standards consistent with the Recommendations for
61 Preventive Pediatric Health Care of the American Academy of
62 Pediatrics.
63 Section 4. Subsection (30) of section 641.31, Florida
64 Statutes, is amended to read:
65 641.31 Health maintenance contracts.—
66 (30)(a) All health maintenance contracts which provide
67 coverage, benefits, or services for a member of the family of
68 the subscriber must, as to such family member’s coverage,
69 benefits, or services, also provide that the benefits applicable
70 for children include coverage for child health supervision
71 services from the moment of birth to age 16 years.
72 (b) As used in this subsection, the term “child health
73 supervision services” means physician-delivered or physician
74 supervised services that include, at a minimum, services
75 delivered at the intervals and scope stated in this subsection.
76 1. Child health supervision services must include periodic
77 visits that which shall include a history;, a physical
78 examination;, a developmental assessment and anticipatory
79 guidance;, and appropriate immunizations and laboratory tests;
80 and eye examinations at birth, at 6 to 8 weeks of age, and at 6
81 to 9 months of age, using an ophthalmoscope and dilation of the
82 pupils for detection of pediatric congenital and ocular
83 abnormalities and developmental abnormalities. Such services and
84 periodic visits shall be provided in accordance with prevailing
85 medical standards consistent with the Recommendations for
86 Preventive Pediatric Health Care of the American Academy of
87 Pediatrics.
88 2. Minimum benefits may be limited to one visit payable to
89 one provider for all of the services provided at each visit
90 cited in this subsection.
91 Section 5. The Legislature finds that this act fulfills an
92 important state interest.
93 Section 6. This act shall take effect July 1, 2010, and
94 sections 3 and 4 of this act apply to policies and contracts
95 issued or renewed on or after that date.