Florida Senate - 2021                                    SB 1976
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01437-21                                            20211976__
    1                        A bill to be entitled                      
    2         An act relating to freestanding emergency departments;
    3         amending s. 395.002, F.S.; defining and revising
    4         terms; amending s. 395.003, F.S.; deleting an obsolete
    5         provision relating to a prohibition on new emergency
    6         departments located off the premises of licensed
    7         hospitals; amending s. 395.1041, F.S.; prohibiting a
    8         freestanding emergency department from holding itself
    9         out to the public as an urgent care center; requiring
   10         a freestanding emergency department to clearly
   11         identify itself as a hospital emergency department
   12         using certain signage; requiring a freestanding
   13         emergency department to post signs in certain
   14         locations which contain specified statements;
   15         providing requirements for such signs; providing
   16         requirements for the advertisement of freestanding
   17         emergency departments; requiring the Agency for Health
   18         Care Administration to post information on its website
   19         describing the differences between a freestanding
   20         emergency department and an urgent care center;
   21         requiring the agency to update such information on its
   22         website at least annually; requiring hospitals to post
   23         a link to such information on their websites; amending
   24         s. 627.6405, F.S.; deleting legislative findings and
   25         intent; requiring health insurers to post certain
   26         information regarding appropriate use of emergency
   27         care services on their websites and update such
   28         information at least annually; revising the definition
   29         of the term “emergency care”; amending ss. 385.211,
   30         390.011, 394.4787, 395.701, 400.9935, 409.905,
   31         409.975, 468.505, 627.64194, and 765.101, F.S.;
   32         conforming cross-references; providing an effective
   33         date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Present subsections (10) through (32) of section
   38  395.002, Florida Statutes, are redesignated as subsections (11)
   39  through (33), respectively, a new subsection (10) is added to
   40  that section, and present subsections (10), (27), and (29) are
   41  amended, to read:
   42         395.002 Definitions.—As used in this chapter:
   43         (10)“Freestanding emergency department” means a facility
   44  that:
   45         (a)Provides emergency services and care;
   46         (b)Is owned and operated by a licensed hospital and
   47  operates under the license of the hospital; and
   48         (c)Is located on separate premises from the hospital.
   49         (11)(10) “General hospital” means any facility which meets
   50  the provisions of subsection (13) (12) and which regularly makes
   51  its facilities and services available to the general population.
   52         (28)(27) “Specialty hospital” means any facility which
   53  meets the provisions of subsection (13) (12), and which
   54  regularly makes available either:
   55         (a) The range of medical services offered by general
   56  hospitals, but restricted to a defined age or gender group of
   57  the population;
   58         (b) A restricted range of services appropriate to the
   59  diagnosis, care, and treatment of patients with specific
   60  categories of medical or psychiatric illnesses or disorders; or
   61         (c) Intensive residential treatment programs for children
   62  and adolescents as defined in subsection (16) (15).
   63         (30)(29) “Urgent care center” means a facility or clinic
   64  that provides immediate but not emergent ambulatory medical care
   65  to patients. The term includes an offsite emergency department
   66  of a hospital that is presented to the general public in any
   67  manner as a department where immediate and not only emergent
   68  medical care is provided. The term also includes:
   69         (a) An offsite facility of a facility licensed under this
   70  chapter, or a joint venture between a facility licensed under
   71  this chapter and a provider licensed under chapter 458 or
   72  chapter 459, that does not require a patient to make an
   73  appointment and is presented to the general public in any manner
   74  as a facility where immediate but not emergent medical care is
   75  provided.
   76         (b) A clinic organization that is licensed under part X of
   77  chapter 400, maintains three or more locations using the same or
   78  a similar name, does not require a patient to make an
   79  appointment, and holds itself out to the general public in any
   80  manner as a facility or clinic where immediate but not emergent
   81  medical care is provided.
   82         Section 2. Paragraph (c) of subsection (1) of section
   83  395.003, Florida Statutes, is amended to read:
   84         395.003 Licensure; denial, suspension, and revocation.—
   85         (1)
   86         (c)Until July 1, 2006, additional emergency departments
   87  located off the premises of licensed hospitals may not be
   88  authorized by the agency.
   89         Section 3. Paragraph (m) is added to subsection (3) of
   90  section 395.1041, Florida Statutes, to read:
   91         395.1041 Access to emergency services and care.—
   92         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
   93  FACILITY OR HEALTH CARE PERSONNEL.—
   94         (m)1.A freestanding emergency department may not hold
   95  itself out to the public as an urgent care center and must
   96  clearly identify itself as a hospital emergency department
   97  using, at a minimum, prominent lighted external signage that
   98  includes the word “EMERGENCY” in conjunction with the name of
   99  the hospital.
  100         2.A freestanding emergency department shall conspicuously
  101  post signs at locations that are readily accessible to and
  102  visible by patients outside the entrance to the facility and in
  103  patient waiting areas which state the following: “THIS IS A
  104  HOSPITAL EMERGENCY DEPARTMENT.” Unless the freestanding
  105  emergency department shares a location and a public entrance
  106  with an urgent care center, the signs must also state the
  107  following: “THIS IS NOT AN URGENT CARE CENTER. HOSPITAL
  108  EMERGENCY DEPARTMENT RATES ARE BILLED FOR OUR SERVICES.” The
  109  signs must also specify the facility’s average facility fee, if
  110  any, and notify the public that the facility or a physician
  111  providing medical care at the facility may be an out-of-network
  112  provider. The signs must be at least 2 square feet in size and
  113  the text must be in at least 36-point type.
  114         3.Except as provided in this paragraph, any advertisement
  115  for a freestanding emergency department must include the
  116  following statement: “This emergency department is not an urgent
  117  care center. It is part of (insert hospital name) and its
  118  services and care are billed at hospital emergency department
  119  rates.” Any billboard advertising a freestanding emergency
  120  department which measures at least 200 square feet must include
  121  the following statement in clearly legible contrasting color
  122  text at least 15 inches high: “(INSERT NAME OF HOSPITAL)
  123  EMERGENCY DEPARTMENT. THIS IS NOT AN URGENT CARE CENTER.”
  124         4.a.The agency shall post on its website information that
  125  provides a description of the differences between a freestanding
  126  emergency department and an urgent care center. Such description
  127  must include:
  128         (I)At least two examples illustrating the impact on
  129  insured and insurer paid amounts of inappropriate utilization of
  130  nonemergent services and care in a hospital emergency department
  131  setting compared to utilization of nonemergent services and care
  132  in an urgent care center;
  133         (II)An interactive tool to locate local urgent care
  134  centers; and
  135         (III)What to do in the event of a true emergency.
  136         b.The agency shall update the information required in sub
  137  subparagraph a. at least annually. Each hospital shall post a
  138  link to such information in a prominent location on its website.
  139         Section 4. Section 627.6405, Florida Statutes, is amended
  140  to read:
  141         627.6405 Decreasing inappropriate utilization of emergency
  142  care.—
  143         (1) The Legislature finds and declares it to be of vital
  144  importance that emergency services and care be provided by
  145  hospitals and physicians to every person in need of such care,
  146  but with the double-digit increases in health insurance
  147  premiums, health care providers and insurers should encourage
  148  patients and the insured to assume responsibility for their
  149  treatment, including emergency care. The Legislature finds that
  150  inappropriate utilization of emergency department services
  151  increases the overall cost of providing health care and these
  152  costs are ultimately borne by the hospital, the insured
  153  patients, and, many times, by the taxpayers of this state.
  154  Finally, the Legislature declares that the providers and
  155  insurers must share the responsibility of providing alternative
  156  treatment options to urgent care patients outside of the
  157  emergency department. Therefore, it is the intent of the
  158  Legislature to place the obligation for educating consumers and
  159  creating mechanisms for delivery of care that will decrease the
  160  overutilization of emergency service on health insurers and
  161  providers.
  162         (2)A health insurer insurers shall post provide on its
  163  website their websites information regarding appropriate
  164  utilization of emergency care services which shall include, but
  165  need not be limited to:,
  166         (a) A list of alternative urgent care contracted
  167  providers;,
  168         (b) The types of services offered by these providers;,
  169         (c)A comparison of statewide average in-network and out
  170  of-network urgent care center and freestanding emergency
  171  department charges for the 30 most common urgent care center
  172  services;
  173         (d)At least two examples illustrating the impact on
  174  insured and insurer paid amounts of inappropriate utilization of
  175  nonemergent services and care in a hospital emergency department
  176  setting compared to utilization of nonemergent services and care
  177  in an urgent care center;
  178         (e)An interactive tool to locate local in-network and out
  179  of-network urgent care centers; and
  180         (f) What to do in the event of a true emergency.
  181  
  182  Health insurers shall update the information required in this
  183  subsection on its website at least annually.
  184         (2)(3) Health insurers shall develop community emergency
  185  department diversion programs. Such programs may include, at the
  186  discretion of the insurer, but not be limited to, enlisting
  187  providers to be on call to insurers after hours, coordinating
  188  care through local community resources, and providing incentives
  189  to providers for case management.
  190         (3)(4) As a disincentive for insureds to inappropriately
  191  use emergency department services for nonemergency care, health
  192  insurers may require higher copayments for urgent care or
  193  primary care provided in an emergency department and higher
  194  copayments for use of out-of-network emergency departments.
  195  Higher copayments may not be charged for the utilization of the
  196  emergency department for emergency care. For the purposes of
  197  this section, the term “emergency care” has the same meaning as
  198  the term “emergency services and care” as defined provided in s.
  199  395.002(9) s. 395.002 and includes shall include services
  200  provided to rule out an emergency medical condition.
  201         Section 5. Subsection (2) of section 385.211, Florida
  202  Statutes, is amended to read:
  203         385.211 Refractory and intractable epilepsy treatment and
  204  research at recognized medical centers.—
  205         (2) Notwithstanding chapter 893, medical centers recognized
  206  pursuant to s. 381.925, or an academic medical research
  207  institution legally affiliated with a licensed children’s
  208  specialty hospital as defined in s. 395.002(28) s. 395.002(27)
  209  that contracts with the Department of Health, may conduct
  210  research on cannabidiol and low-THC cannabis. This research may
  211  include, but is not limited to, the agricultural development,
  212  production, clinical research, and use of liquid medical
  213  derivatives of cannabidiol and low-THC cannabis for the
  214  treatment for refractory or intractable epilepsy. The authority
  215  for recognized medical centers to conduct this research is
  216  derived from 21 C.F.R. parts 312 and 316. Current state or
  217  privately obtained research funds may be used to support the
  218  activities described in this section.
  219         Section 6. Subsection (7) of section 390.011, Florida
  220  Statutes, is amended to read:
  221         390.011 Definitions.—As used in this chapter, the term:
  222         (7) “Hospital” means a facility as defined in s.
  223  395.002(13) s. 395.002(12) and licensed under chapter 395 and
  224  part II of chapter 408.
  225         Section 7. Subsection (7) of section 394.4787, Florida
  226  Statutes, is amended to read:
  227         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
  228  394.4789.—As used in this section and ss. 394.4786, 394.4788,
  229  and 394.4789:
  230         (7) “Specialty psychiatric hospital” means a hospital
  231  licensed by the agency pursuant to s. 395.002(28) s. 395.002(27)
  232  and part II of chapter 408 as a specialty psychiatric hospital.
  233         Section 8. Paragraph (c) of subsection (1) of section
  234  395.701, Florida Statutes, is amended to read:
  235         395.701 Annual assessments on net operating revenues for
  236  inpatient and outpatient services to fund public medical
  237  assistance; administrative fines for failure to pay assessments
  238  when due; exemption.—
  239         (1) For the purposes of this section, the term:
  240         (c) “Hospital” means a health care institution as defined
  241  in s. 395.002(13) s. 395.002(12), but does not include any
  242  hospital operated by a state agency.
  243         Section 9. Paragraph (i) of subsection (1) of section
  244  400.9935, Florida Statutes, is amended to read:
  245         400.9935 Clinic responsibilities.—
  246         (1) Each clinic shall appoint a medical director or clinic
  247  director who shall agree in writing to accept legal
  248  responsibility for the following activities on behalf of the
  249  clinic. The medical director or the clinic director shall:
  250         (i) Ensure that the clinic publishes a schedule of charges
  251  for the medical services offered to patients. The schedule must
  252  include the prices charged to an uninsured person paying for
  253  such services by cash, check, credit card, or debit card. The
  254  schedule may group services by price levels, listing services in
  255  each price level. The schedule must be posted in a conspicuous
  256  place in the reception area of any clinic that is considered an
  257  urgent care center as defined in s. 395.002(30)(b) s.
  258  395.002(29)(b) and must include, but is not limited to, the 50
  259  services most frequently provided by the clinic. The posting may
  260  be a sign that must be at least 15 square feet in size or
  261  through an electronic messaging board that is at least 3 square
  262  feet in size. The failure of a clinic, including a clinic that
  263  is considered an urgent care center, to publish and post a
  264  schedule of charges as required by this section shall result in
  265  a fine of not more than $1,000, per day, until the schedule is
  266  published and posted.
  267         Section 10. Subsection (8) of section 409.905, Florida
  268  Statutes, is amended to read:
  269         409.905 Mandatory Medicaid services.—The agency may make
  270  payments for the following services, which are required of the
  271  state by Title XIX of the Social Security Act, furnished by
  272  Medicaid providers to recipients who are determined to be
  273  eligible on the dates on which the services were provided. Any
  274  service under this section shall be provided only when medically
  275  necessary and in accordance with state and federal law.
  276  Mandatory services rendered by providers in mobile units to
  277  Medicaid recipients may be restricted by the agency. Nothing in
  278  this section shall be construed to prevent or limit the agency
  279  from adjusting fees, reimbursement rates, lengths of stay,
  280  number of visits, number of services, or any other adjustments
  281  necessary to comply with the availability of moneys and any
  282  limitations or directions provided for in the General
  283  Appropriations Act or chapter 216.
  284         (8) NURSING FACILITY SERVICES.—The agency shall pay for 24
  285  hour-a-day nursing and rehabilitative services for a recipient
  286  in a nursing facility licensed under part II of chapter 400 or
  287  in a rural hospital, as defined in s. 395.602, or in a Medicare
  288  certified skilled nursing facility operated by a hospital, as
  289  defined by s. 395.002(11) s. 395.002(10), that is licensed under
  290  part I of chapter 395, and in accordance with provisions set
  291  forth in s. 409.908(2)(a), which services are ordered by and
  292  provided under the direction of a licensed physician. However,
  293  if a nursing facility has been destroyed or otherwise made
  294  uninhabitable by natural disaster or other emergency and another
  295  nursing facility is not available, the agency must pay for
  296  similar services temporarily in a hospital licensed under part I
  297  of chapter 395 provided federal funding is approved and
  298  available. The agency shall pay only for bed-hold days if the
  299  facility has an occupancy rate of 95 percent or greater. The
  300  agency is authorized to seek any federal waivers to implement
  301  this policy.
  302         Section 11. Paragraph (b) of subsection (1) of section
  303  409.975, Florida Statutes, is amended to read:
  304         409.975 Managed care plan accountability.—In addition to
  305  the requirements of s. 409.967, plans and providers
  306  participating in the managed medical assistance program shall
  307  comply with the requirements of this section.
  308         (1) PROVIDER NETWORKS.—Managed care plans must develop and
  309  maintain provider networks that meet the medical needs of their
  310  enrollees in accordance with standards established pursuant to
  311  s. 409.967(2)(c). Except as provided in this section, managed
  312  care plans may limit the providers in their networks based on
  313  credentials, quality indicators, and price.
  314         (b) Certain providers are statewide resources and essential
  315  providers for all managed care plans in all regions. All managed
  316  care plans must include these essential providers in their
  317  networks. Statewide essential providers include:
  318         1. Faculty plans of Florida medical schools.
  319         2. Regional perinatal intensive care centers as defined in
  320  s. 383.16(2).
  321         3. Hospitals licensed as specialty children’s hospitals as
  322  defined in s. 395.002(28) s. 395.002(27).
  323         4. Accredited and integrated systems serving medically
  324  complex children which comprise separately licensed, but
  325  commonly owned, health care providers delivering at least the
  326  following services: medical group home, in-home and outpatient
  327  nursing care and therapies, pharmacy services, durable medical
  328  equipment, and Prescribed Pediatric Extended Care.
  329  
  330  Managed care plans that have not contracted with all statewide
  331  essential providers in all regions as of the first date of
  332  recipient enrollment must continue to negotiate in good faith.
  333  Payments to physicians on the faculty of nonparticipating
  334  Florida medical schools shall be made at the applicable Medicaid
  335  rate. Payments for services rendered by regional perinatal
  336  intensive care centers shall be made at the applicable Medicaid
  337  rate as of the first day of the contract between the agency and
  338  the plan. Except for payments for emergency services, payments
  339  to nonparticipating specialty children’s hospitals shall equal
  340  the highest rate established by contract between that provider
  341  and any other Medicaid managed care plan.
  342         Section 12. Paragraph (l) of subsection (1) of section
  343  468.505, Florida Statutes, is amended to read:
  344         468.505 Exemptions; exceptions.—
  345         (1) Nothing in this part may be construed as prohibiting or
  346  restricting the practice, services, or activities of:
  347         (l) A person employed by a nursing facility exempt from
  348  licensing under s. 395.002(13) s. 395.002(12), or a person
  349  exempt from licensing under s. 464.022.
  350         Section 13. Paragraph (b) of subsection (1) of section
  351  627.64194, Florida Statutes, is amended to read:
  352         627.64194 Coverage requirements for services provided by
  353  nonparticipating providers; payment collection limitations.—
  354         (1) As used in this section, the term:
  355         (b) “Facility” means a licensed facility as defined in s.
  356  395.002(17) s. 395.002(16) and an urgent care center as defined
  357  in s. 395.002.
  358         Section 14. Subsection (2) of section 765.101, Florida
  359  Statutes, is amended to read:
  360         765.101 Definitions.—As used in this chapter:
  361         (2) “Attending physician” means the physician who has
  362  primary responsibility for the treatment and care of the patient
  363  while the patient receives such treatment or care in a hospital
  364  as defined in s. 395.002(13) s. 395.002(12).
  365  Section 15. This act shall take effect July 1, 2021.