Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 490
                                Barcode 960182                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/09/2011           .                                

       The Committee on Health Regulation (Jones) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 162 - 184
    4  and insert:
    5         (5) Absent a written agreement between the third-party
    6  provider and the governmental body, the remuneration made
    7  pursuant to subsection (4) must be billed by the third-party
    8  provider and paid by the governmental body at a rate not to
    9  exceed 110 percent of the Medicare allowable rate for the
   10  service. Compensation to a third-party provider may not exceed
   11  125 percent of the Medicare allowable rate if there is no
   12  written agreement between the third-party provider and the
   13  governmental body and if the third-party provider reported a
   14  negative operating margin for the previous year to the Agency
   15  for Health Care Administration through hospital-audited
   16  financial data.
   17         (6) The provisions of subsection (5) do not apply to
   18  amounts billed and paid for physicians licensed under chapter
   19  458 or chapter 459 for emergency services provided within a
   20  hospital emergency department.
   21         (7) The responsibility of the governmental body for payment
   22  of any in-custody medical costs ceases upon release of the in
   23  custody pretrial detainee or sentenced inmate.
   24         (8) An in-custody pretrial detainee or sentenced inmate who
   25  has health insurance, subscribes to a health care corporation,
   26  or receives health care benefits from any other source shall
   27  assign such benefits to the health care provider.
   28         (9) For purposes of this section, in-custody pretrial
   29  detainees or sentenced inmates shall be defined as persons whose
   30  physical freedom is restricted by a certified law enforcement
   31  officer or certified correctional officer pending disposition of
   32  an arrest or completion of a county court sentence. Included
   33  within this definition are persons who are furloughed by a
   34  criminal court for the express purpose of receiving medical
   35  treatment where a condition of the furlough is the immediate
   36  return to the custody of a county or municipal detention
   37  facility following completion of such treatment.
   38         (10) Law enforcement or the county or municipal detention
   39  facility is responsible for restricting the personal freedom of
   40  in-custody pretrial detainees or sentenced inmates receiving
   41  treatment or services under this section.
   43  ================= T I T L E  A M E N D M E N T ================
   44         And the title is amended as follows:
   45         Delete line 38
   46  and insert:
   47         to the health care provider; providing a definition of
   48         the term in-custody pretrial detainees or sentenced
   49         inmates; providing that law enforcement or county or
   50         municipal detention facilities are responsible for
   51         restricting the personal freedom of certain in-custody
   52         pretrial detainees or sentenced inmates; providing an
   53         effective