Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1454
       
       
       
       
       
       
                                Barcode 830024                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  10/19/2011           .                                
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       The Committee on Health Regulation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 383.50, Florida
    6  Statutes, is amended to read:
    7         383.50 Treatment of surrendered newborn infant.—
    8         (5)(a) Except when there is actual or suspected child abuse
    9  or neglect, any parent who leaves a newborn infant with a
   10  firefighter, emergency medical technician, or paramedic at a
   11  fire station or emergency medical services station, or brings a
   12  newborn infant to an emergency room of a hospital and expresses
   13  an intent to leave the newborn infant and not return, has the
   14  absolute right to remain anonymous and to leave at any time and
   15  may not be pursued or followed unless the parent seeks to
   16  reclaim the newborn infant.
   17         (b) When an infant is born in a hospital and the mother
   18  expresses intent to leave the infant and not return:,
   19         1. Upon the mother’s request, the hospital or registrar
   20  shall complete the infant’s birth certificate without naming the
   21  mother thereon.
   22         2.If the mother considers applying for eligibility for the
   23  Medicaid program through the hospital as a qualified Medicaid
   24  provider, the hospital shall notify the mother that the act of
   25  applying for Medicaid will cause her personal information
   26  included on the Medicaid application to be submitted to the
   27  Department of Children and Family Services and that she will be
   28  contacted by the department or the Medicaid program, or both,
   29  about her Medicaid-eligibility status. The hospital shall
   30  confirm that the mother wishes to apply for Medicaid and
   31  understands this notification by obtaining her signature on a
   32  written acknowledgment.
   33         3.If the mother has no creditable coverage as defined in
   34  s. 627.6561 and chooses not to apply for Medicaid under
   35  subparagraph 2. or is denied Medicaid eligibility, the hospital
   36  may seek compensation from Medicaid for care provided to the
   37  surrendered newborn infant and to the mother related to labor
   38  and delivery of the infant if the infant is determined by the
   39  Department of Children and Family Services to be eligible for
   40  Medicaid, as applicable. For care that is not reimbursable under
   41  Medicaid, the hospital may seek to classify the care as charity
   42  care under s. 409.911(1)(c). The hospital may not seek payment
   43  for such care from the mother or from any individual who is
   44  financially responsible for the mother.
   45         Section 2. Paragraph (c) of subsection (1) of section
   46  409.911, Florida Statutes, is amended to read:
   47         409.911 Disproportionate share program.—Subject to specific
   48  allocations established within the General Appropriations Act
   49  and any limitations established pursuant to chapter 216, the
   50  agency shall distribute, pursuant to this section, moneys to
   51  hospitals providing a disproportionate share of Medicaid or
   52  charity care services by making quarterly Medicaid payments as
   53  required. Notwithstanding the provisions of s. 409.915, counties
   54  are exempt from contributing toward the cost of this special
   55  reimbursement for hospitals serving a disproportionate share of
   56  low-income patients.
   57         (1) DEFINITIONS.—As used in this section, s. 409.9112, and
   58  the Florida Hospital Uniform Reporting System manual:
   59         (c) “Charity care” or “uncompensated charity care” means
   60  that portion of hospital charges reported to the Agency for
   61  Health Care Administration for which there is no compensation,
   62  other than restricted or unrestricted revenues provided to a
   63  hospital by local governments or tax districts regardless of the
   64  method of payment, for:
   65         1. Care provided to a patient whose family income for the
   66  12 months preceding the determination is less than or equal to
   67  200 percent of the federal poverty level, unless the amount of
   68  hospital charges due from the patient exceeds 25 percent of the
   69  annual family income; or
   70         2. Care provided under conditions described in s.
   71  383.50(5)(b).
   72  
   73  However, in no case shall the Hospital charges for a patient
   74  whose family income exceeds four times the federal poverty level
   75  for a family of four may not be considered charity, except for
   76  care provided under conditions described in s. 383.50(5)(b).
   77         Section 3. This act shall take effect July 1, 2011.
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81  
   82         Delete everything before the enacting clause
   83  and insert:
   84                        A bill to be entitled                      
   85         An act relating to surrendered newborn infants;
   86         amending s. 383.50, F.S.; providing for the mother of
   87         a newborn infant who surrenders her infant at a
   88         hospital to apply for Medicaid through the hospital as
   89         a qualified Medicaid provider; authorizing the
   90         hospital to seek compensation from Medicaid for care
   91         provided to the surrendered newborn infant and the
   92         mother if the mother has no creditable coverage;
   93         authorizing the hospital to classify the unreimbursed
   94         medical care as charity care; prohibiting the hospital
   95         from seeking payment for such care from the mother or
   96         an individual who is financially responsible for the
   97         mother; amending s. 409.911, F.S.; redefining the term
   98         “charity care” to include unreimbursed care provided
   99         to a surrendered newborn infant and the mother under
  100         certain circumstances; providing an effective date.