Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1016
       
       
       
       
       
       
                                Barcode 163784                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2013           .                                
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       The Committee on Health Policy (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  766.1115, Florida Statutes, is amended, and paragraph (h) is
    7  added to subsection (4) of that section, to read:
    8         766.1115 Health care providers; creation of agency
    9  relationship with governmental contractors.—
   10         (3) DEFINITIONS.—As used in this section, the term:
   11         (a) “Contract” means an agreement executed in compliance
   12  with this section between a health care provider and a
   13  governmental contractor which allows. This contract shall allow
   14  the health care provider to deliver health care services to low
   15  income recipients as an agent of the governmental contractor.
   16  The contract must be for volunteer, uncompensated services. For
   17  services to qualify as volunteer, uncompensated services under
   18  this section, the health care provider must receive no
   19  compensation from the governmental contractor for any services
   20  provided under the contract and must not bill or accept
   21  compensation from the recipient, or a any public or private
   22  third-party payor, for the specific services provided to the
   23  low-income recipients covered by the contract.
   24         (4) CONTRACT REQUIREMENTS.—A health care provider that
   25  executes a contract with a governmental contractor to deliver
   26  health care services on or after April 17, 1992, as an agent of
   27  the governmental contractor is an agent for purposes of s.
   28  768.28(9), while acting within the scope of duties under the
   29  contract, if the contract complies with the requirements of this
   30  section and regardless of whether the individual treated is
   31  later found to be ineligible. A health care provider under
   32  contract with the state may not be named as a defendant in any
   33  action arising out of medical care or treatment provided on or
   34  after April 17, 1992, under contracts entered into under this
   35  section. The contract must provide that:
   36         (h) As an agent of the governmental contractor for purposes
   37  of s. 768.28(9), while acting within the scope of duties under
   38  the contract, a health care provider licensed under chapter 466
   39  may allow a patient or a parent or guardian of the patient to
   40  voluntarily contribute a fee to cover costs of dental laboratory
   41  work related to the services provided to the patient. This
   42  contribution may not exceed the actual cost of the dental
   43  laboratory charges and is deemed in compliance with this
   44  section.
   45  
   46  A governmental contractor that is also a health care provider is
   47  not required to enter into a contract under this section with
   48  respect to the health care services delivered by its employees.
   49         Section 2. This act shall take effect July 1, 2013.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52         And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to sovereign immunity for dentists and
   57         dental hygienists; amending s. 766.1115, F.S.;
   58         revising a definition; requiring a contract with a
   59         governmental contractor for health care services to
   60         include a provision for a health care provider
   61         licensed under ch. 466, F.S., as an agent of the
   62         governmental contractor, to allow a patient or a
   63         parent or guardian of the patient to voluntarily
   64         contribute a fee to cover costs of dental laboratory
   65         work related to the services provided to the patient
   66         without forfeiting sovereign immunity; prohibiting the
   67         contribution from exceeding the actual amount of the
   68         dental laboratory charges; providing that the
   69         contribution complies with the requirements of s.
   70         766.1115, F.S.; providing an effective date.