Florida Senate - 2014 SENATOR AMENDMENT
Bill No. HB 97
Senate . House
Floor: 1/AD/2R . Floor: SENA1/C
04/28/2014 04:20 PM . 05/01/2014 02:38 PM
Senator Hays moved the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (3) and subsection
6 (4) of section 766.1115, Florida Statutes, are amended to read:
7 766.1115 Health care providers; creation of agency
8 relationship with governmental contractors.—
9 (3) DEFINITIONS.—As used in this section, the term:
10 (a) “Contract” means an agreement executed in compliance
11 with this section between a health care provider and a
12 governmental contractor which allows
. This contract shall allow
13 the health care provider to deliver health care services to low
14 income recipients as an agent of the governmental contractor.
15 The contract must be for volunteer, uncompensated services,
16 except as provided in paragraph (4)(g). For services to qualify
17 as volunteer, uncompensated services under this section, the
18 health care provider must receive no compensation from the
19 governmental contractor for any services provided under the
20 contract and must not bill or accept compensation from the
21 recipient, or a any public or private third-party payor, for the
22 specific services provided to the low-income recipients covered
23 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 shall
32 continue to be an agent for purposes of s. 768.28(9) for 30 days
33 after a determination of ineligibility to allow for treatment
34 until the individual transitions to treatment by another health
35 care provider. A health care provider under contract with the
36 state may not be named as a defendant in any action arising out
37 of medical care or treatment provided on or after April 17,
38 1992, under contracts entered into under this section. The
39 contract must provide that:
40 (a) The right of dismissal or termination of any health
41 care provider delivering services under the contract is retained
42 by the governmental contractor.
43 (b) The governmental contractor has access to the patient
44 records of any health care provider delivering services under
45 the contract.
46 (c) Adverse incidents and information on treatment outcomes
47 must be reported by any health care provider to the governmental
48 contractor if the incidents and information pertain to a patient
49 treated under the contract. The health care provider shall
50 submit the reports required by s. 395.0197. If an incident
51 involves a professional licensed by the Department of Health or
52 a facility licensed by the Agency for Health Care
53 Administration, the governmental contractor shall submit such
54 incident reports to the appropriate department or agency, which
55 shall review each incident and determine whether it involves
56 conduct by the licensee that is subject to disciplinary action.
57 All patient medical records and any identifying information
58 contained in adverse incident reports and treatment outcomes
59 which are obtained by governmental entities under this paragraph
60 are confidential and exempt from the provisions of s. 119.07(1)
61 and s. 24(a), Art. I of the State Constitution.
62 (d) Patient selection and initial referral must be made by
63 the governmental contractor or the provider. Patients may not be
64 transferred to the provider based on a violation of the
65 antidumping provisions of the Omnibus Budget Reconciliation Act
66 of 1989, the Omnibus Budget Reconciliation Act of 1990, or
67 chapter 395.
68 (e) If emergency care is required, the patient need not be
69 referred before receiving treatment, but must be referred within
70 48 hours after treatment is commenced or within 48 hours after
71 the patient has the mental capacity to consent to treatment,
72 whichever occurs later.
73 (f) The provider is subject to supervision and regular
74 inspection by the governmental contractor.
75 (g) As an agent of the governmental contractor for purposes
76 of s. 768.28(9), while acting within the scope of duties under
77 the contract, a health care provider licensed under chapter 466
78 may allow a patient, or a parent or guardian of the patient, to
79 voluntarily contribute a monetary amount to cover costs of
80 dental laboratory work related to the services provided to the
81 patient. This contribution may not exceed the actual cost of the
82 dental laboratory charges.
84 A governmental contractor that is also a health care provider is
85 not required to enter into a contract under this section with
86 respect to the health care services delivered by its employees.
87 Section 2. Section 466.00673, Florida Statutes, is amended
88 to read:
89 466.00673 Repeal of a health access dental license.
90 Effective January 1, 2020 2015, ss. 466.0067-466.00673 are
91 repealed unless reenacted by the Legislature. Any health access
92 dental license issued before January 1, 2020 2015, shall remain
93 valid according to ss. 466.0067-466.00673, without effect from
95 Section 3. This act shall take effect July 1, 2014.
97 ================= T I T L E A M E N D M E N T ================
98 And the title is amended as follows:
99 Delete everything before the enacting clause
100 and insert:
101 A bill to be entitled
102 An act relating to access to health care for the
103 underserved; amending s. 766.1115, F.S.; revising the
104 definition of the term “contract”; extending the
105 period of time for which a health care provider
106 remains an agent of the state after an individual
107 under his or her care is deemed ineligible; requiring
108 that a contract with a governmental contractor for
109 health care services include a provision allowing a
110 voluntary contribution toward certain dental
111 laboratory work; prohibiting the contribution from
112 exceeding the actual amount of the dental laboratory
113 charges; amending s. 466.00673, F.S.; delaying the
114 future repeal of provisions authorizing the health
115 access dental license; providing an effective date.