Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for SB 966
Barcode 853066
LEGISLATIVE ACTION
Senate . House
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Senator Richter moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 3831 and 3832
4 insert:
5 Section 86. Subsection (4) of section 766.1115, Florida
6 Statutes, is amended to read:
7 766.1115 Health care providers; creation of agency
8 relationship with governmental contractors.—
9 (4) CONTRACT REQUIREMENTS.—A health care provider that
10 executes a contract with a governmental contractor to deliver
11 health care services on or after April 17, 1992, as an agent of
12 the governmental contractor is an agent for purposes of s.
13 768.28(9), while acting within the scope of duties under the
14 contract, if the contract complies with the requirements of this
15 section and regardless of whether the individual treated is
16 later found to be ineligible. A health care provider continues
17 to be an agent for purposes of s. 768.28(9) for up to 30 days
18 after an individual is determined to be ineligible for health
19 care services to allow for the uninterrupted completion of the
20 individual’s course of treatment by the health care provider
21 while the individual transitions to the care of another. A
22 health care provider under contract with the state may not be
23 named as a defendant in any action arising out of medical care
24 or treatment provided on or after April 17, 1992, under
25 contracts entered into under this section. The contract must
26 provide that:
27 (a) The right of dismissal or termination of any health
28 care provider delivering services under the contract is retained
29 by the governmental contractor.
30 (b) The governmental contractor has access to the patient
31 records of any health care provider delivering services under
32 the contract.
33 (c) Adverse incidents and information on treatment outcomes
34 must be reported by any health care provider to the governmental
35 contractor if the incidents and information pertain to a patient
36 treated under the contract. The health care provider shall
37 submit the reports required by s. 395.0197. If an incident
38 involves a professional licensed by the Department of Health or
39 a facility licensed by the Agency for Health Care
40 Administration, the governmental contractor shall submit such
41 incident reports to the appropriate department or agency, which
42 shall review each incident and determine whether it involves
43 conduct by the licensee that is subject to disciplinary action.
44 All patient medical records and any identifying information
45 contained in adverse incident reports and treatment outcomes
46 which are obtained by governmental entities under this paragraph
47 are confidential and exempt from the provisions of s. 119.07(1)
48 and s. 24(a), Art. I of the State Constitution.
49 (d) Patient selection and initial referral must be made
50 solely by the governmental contractor, and the provider must
51 accept all referred patients. However, the number of patients
52 that must be accepted may be limited by the contract, and
53 patients may not be transferred to the provider based on a
54 violation of the antidumping provisions of the Omnibus Budget
55 Reconciliation Act of 1989, the Omnibus Budget Reconciliation
56 Act of 1990, or chapter 395.
57 (e) If emergency care is required, the patient need not be
58 referred before receiving treatment, but must be referred within
59 48 hours after treatment is commenced or within 48 hours after
60 the patient has the mental capacity to consent to treatment,
61 whichever occurs later.
62 (f) Patient care, including any followup or hospital care,
63 is subject to approval by the governmental contractor.
64 (g) The provider is subject to supervision and regular
65 inspection by the governmental contractor.
66
67 A governmental contractor that is also a health care provider is
68 not required to enter into a contract under this section with
69 respect to the health care services delivered by its employees.
70
71 ================= T I T L E A M E N D M E N T ================
72 And the title is amended as follows:
73 Delete line 354
74 and insert:
75 conform to changes made by the act; amending s.
76 766.1115, F.S.; providing that certain health care
77 providers are an agent of the state for sovereign
78 immunity purposes during a specified period after a
79 patient is deemed ineligible for indigent care to
80 allow for the uninterrupted completion of a course of
81 treatment; creating s.