HB 837

1	A bill to be entitled
2	An act relating to surrendered newborn infants;
3	amending s. 383.50, F.S.; providing that if the mother
4	of a newborn infant considers applying for eligibility
5	for the Medicaid program through the hospital as a
6	qualified Medicaid provider, the hospital must notify
7	the mother that the act of applying for Medicaid will
8	cause her personal information included on the
9	Medicaid application to be submitted to the Department
10	of Children and Family Services; authorizing a
11	hospital to seek reimbursement from Medicaid for care
12	provided to a surrendered newborn infant and the
13	mother of a surrendered newborn infant related to
14	labor and delivery of the infant, if the infant is
15	determined by the Department of Children and Family
16	Services to be Medicaid eligible; prohibiting the
17	hospital from seeking payment for such care from the
18	mother of a surrendered newborn infant or from any
19	individual financially responsible for the mother of a
20	surrendered newborn infant; amending s. 409.911, F.S.;
21	redefining the definition of "charity care" for the
22	disproportionate share program; providing that if a
23	patient has income that exceeds a specified multiple
24	of the federal poverty level, the care provided to the
25	patient does not qualify as charity care unless the
26	care is provided without compensation to a surrendered
27	newborn infant or the person financially responsible
28	for the mother of the surrendered newborn infant;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Subsection (5) of section 383.50, Florida
34	Statutes, is amended to read:
35	383.50  Treatment of surrendered newborn infant.-
36	(5)(a)  Except when there is actual or suspected child
37	abuse or neglect, any parent who leaves a newborn infant with a
38	firefighter, emergency medical technician, or paramedic at a
39	fire station or emergency medical services station, or brings a
40	newborn infant to an emergency room of a hospital and expresses
41	an intent to leave the newborn infant and not return, has the
42	absolute right to remain anonymous and to leave at any time and
43	may not be pursued or followed unless the parent seeks to
44	reclaim the newborn infant.
45	(b)  When an infant is born in a hospital and the mother
46	expresses intent to leave the infant and not return:,
47	1.  Upon the mother's request, the hospital or registrar
48	shall complete the infant's birth certificate without naming the
49	mother thereon.
50	2.  If the mother considers applying for eligibility for
51	the Medicaid program through the hospital as a qualified
52	Medicaid provider, the hospital shall notify the mother that the
53	act of applying for Medicaid will cause her personal information
54	included on the Medicaid application to be submitted to the
55	Department of Children and Family Services and that she will be
56	contacted by the department or the Medicaid program, or both,
57	about her Medicaid eligibility status. The hospital shall
58	confirm that the mother wishes to apply for Medicaid and
59	understands the notification by obtaining her signature on a
60	written acknowledgment of having received notice, if she chooses
61	to apply.
62	3.  The hospital may seek reimbursement from Medicaid, as
63	applicable, for care provided to a surrendered newborn infant
64	and the mother of a surrendered newborn infant related to labor
65	and delivery of the infant, if the infant is determined by the
66	Department of Children and Family Services to be Medicaid
67	eligible and if the hospital renders care not reimbursable by
68	Medicaid under subparagraph 2. For such care not reimbursable
69	under Medicaid, the hospital may seek to classify the care as
70	charity care under s. 409.911(1)(c). The hospital may not seek
71	payment for such care from the mother of a surrendered newborn
72	infant or from any individual financially responsible for the
73	mother of a surrendered newborn infant.
74	Section 2.  Paragraph (c) of subsection (1) of section
75	409.911, Florida Statutes, is amended to read:
76	409.911  Disproportionate share program.-Subject to
77	specific allocations established within the General
78	Appropriations Act and any limitations established pursuant to
79	chapter 216, the agency shall distribute, pursuant to this
80	section, moneys to hospitals providing a disproportionate share
81	of Medicaid or charity care services by making quarterly
82	Medicaid payments as required. Notwithstanding the provisions of
83	s. 409.915, counties are exempt from contributing toward the
84	cost of this special reimbursement for hospitals serving a
85	disproportionate share of low-income patients.
86	(1)  DEFINITIONS.-As used in this section, s. 409.9112, and
87	the Florida Hospital Uniform Reporting System manual:
88	(c)  "Charity care" or "uncompensated charity care" means
89	that portion of hospital charges reported to the Agency for
90	Health Care Administration for which there is no compensation,
91	other than restricted or unrestricted revenues provided to a
92	hospital by local governments or tax districts regardless of the
93	method of payment, for:
94	1.  Care provided to a patient whose family income for the
95	12 months preceding the determination is less than or equal to
96	200 percent of the federal poverty level, unless the amount of
97	hospital charges due from the patient exceeds 25 percent of the
98	annual family income; or
99	2.  Care provided under conditions described in s.
100	383.50(5)(b).
101
102	However, in no case shall the Hospital charges for a patient
103	whose family income exceeds four times the federal poverty level
104	for a family of four may not be considered charity, except for
105	care provided without compensation under conditions described in
106	s. 383.50(5)(b).
107	Section 3.  This act shall take effect July 1, 2012.

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