Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1012
       
       
       
       
       
       
                                Ì6317468Î631746                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/12/2026           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Appropriations Committee on Criminal and Civil Justice
       (Yarborough) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 34 - 135
    4  and insert:
    5         2.Maintenance and repair deduction fees from contractor
    6  operated correctional facilities shall be deposited in the
    7  Contractor-Operated Institutions Inmate Welfare Trust Fund.
    8         3.Funds in the Contractor-Operated Institutions Inmate
    9  Welfare Trust Fund shall be used exclusively to provide for or
   10  to operate any of the following at contractor-operated
   11  correctional facilities:
   12         a.Programs to aid inmates’ reintegration into society.
   13         b.Environmental health upgrades to facilities, including
   14  fixed capital outlay for repairs and maintenance that would
   15  improve environmental conditions of the correctional facilities.
   16         4.2. Funds in the Contractor-Operated Institutions Inmate
   17  Welfare Trust Fund shall be expended only pursuant to
   18  legislative appropriation.
   19         Section 2. Effective October 1, 2026, section 945.6041,
   20  Florida Statutes, is amended to read:
   21         945.6041 Compensation for inmate emergency and specialty
   22  medical services.—
   23         (1)The Legislature finds that the department relies on
   24  community health care providers to provide emergency and
   25  specialty medical services to incarcerated inmates which cannot
   26  be provided by health care staff inside a state correctional
   27  institution or facility. The Legislature further finds that the
   28  department has experienced a substantial increase in inmate
   29  health care costs.
   30         (2)(1) As used in this section, the term:
   31         (a)“Emergency medical transportation services” includes,
   32  but is not limited to, services rendered by ambulances,
   33  emergency medical services vehicles, and air ambulances as those
   34  terms are defined in s. 401.23.
   35         (a)(b) “Community health care provider” means:
   36         1. A hospital licensed under chapter 395.
   37         2. A physician or physician assistant licensed under
   38  chapter 458.
   39         3. An osteopathic physician or physician assistant licensed
   40  under chapter 459.
   41         4. A podiatric physician licensed under chapter 461.
   42         5.An autonomous advanced practice registered nurse
   43  licensed under chapter 464.
   44         6.5. A health maintenance organization certificated under
   45  part I of chapter 641.
   46         7.6. An ambulatory surgical center licensed under chapter
   47  395.
   48         8.7. A professional association, partnership, corporation,
   49  joint venture, or other association established by the
   50  individuals set forth in subparagraphs 2., 3., and 4. for
   51  professional activity.
   52         9.8. An other medical facility.
   53         a. As used in this subparagraph, the term “other medical
   54  facility” means:
   55         (I) A facility the primary purpose of which is to provide
   56  human medical diagnostic services, or a facility providing
   57  nonsurgical human medical treatment which discharges patients on
   58  the same working day that the patients are admitted; and
   59         (II) A facility that is not part of a hospital.
   60         b. The term does not include a facility existing for the
   61  primary purpose of performing terminations of pregnancy, or an
   62  office maintained by a physician or dentist for the practice of
   63  medicine.
   64         (b)“Emergency medical condition” has the same meaning as
   65  in s. 395.002(8).
   66         (c)“Emergency medical services and care” means medical
   67  screening, examination, and evaluation by a physician, or, to
   68  the extent permitted by applicable law, by other appropriate
   69  personnel under the supervision of a physician, to determine
   70  whether an emergency medical condition exists and, if so, the
   71  care, treatment, or surgery by a physician necessary to relieve
   72  or eliminate the emergency medical condition, within the service
   73  capability of the facility.
   74         (d)“Emergency medical transportation services” includes,
   75  but is not limited to, services rendered by ambulances,
   76  emergency medical services vehicles, and air ambulances as those
   77  terms are defined in s. 401.23.
   78         (e)“Hospital” means any facility licensed under chapter
   79  395.
   80         (f)“Inmate medical services” includes, but is not limited
   81  to, all services rendered by a community health care provider to
   82  an inmate, except emergency medical services and care provided
   83  by a hospital.
   84         (g)“Medicaid allowable rate” means the amount that the
   85  Agency for Health Care Administration would reimburse a Medicaid
   86  provider, as defined in s. 409.901, for Medicaid-covered
   87  services delivered through the fee-for-service program.
   88         (h)“Medicare allowable rate” means the amount set by the
   89  Centers for Medicare and Medicaid Services which Medicare will
   90  pay for a specific covered service.
   91         (i)“Secure unit” means a designated space, approved by the
   92  department, where the department can safely and efficiently
   93  manage and secure inmates receiving medical services from a
   94  community health care provider.
   95         (3)(2) Compensation to a community health care provider for
   96  the provision of to provide inmate medical services may not
   97  exceed 110 percent of the relevant Medicare allowable rate if
   98  the health care provider does not have a contract to provide
   99  services with the department or the contractor-operated
  100  correctional facility, as defined in s. 944.710, which houses
  101  the inmate. However, a community health care provider is exempt
  102  from this section and may negotiate compensation above 110
  103  percent of the relevant Medicare allowable rate if the community
  104  health care provider enters into an agreement with the
  105  department, a comprehensive health care services vendor, or a
  106  contractor-operated correctional facility, as defined in s.
  107  944.710, to provide health care services to inmates in a secure
  108  unit within the community health care provider’s medical
  109  facility, within a correctional institution or facility, or by
  110  telehealth in accordance with s. 456.47 if such inmates are
  111  within the correctional institution or facility when they
  112  receive medical services compensation to a health care provider
  113  may not exceed 125 percent of the Medicare allowable rate if:
  114         (a)The health care provider does not have a contract to
  115  provide services with the department or the contractor-operated
  116  correctional facility, as defined in s. 944.710, which houses
  117  the inmate; and
  118         (b)The health care provider reported a negative operating
  119  margin for the previous year to the Agency for Health Care
  120  Administration through hospital-audited financial data.
  121         (4)Compensation to a hospital for the provision of
  122  emergency medical services and care provided to inmates may not
  123  exceed 110 percent of the Medicare allowable rate.
  124  
  125  ================= T I T L E  A M E N D M E N T ================
  126  And the title is amended as follows:
  127         Delete lines 3 - 14
  128  and insert:
  129         945.215, F.S.; requiring that maintenance and repair
  130         deduction fees from contractor-operated correctional
  131         facilities be deposited in the Contractor-Operated
  132         Institutions Inmate Welfare Trust Fund; requiring that
  133         funds from the Contractor-Operated Institutions Inmate
  134         Welfare Trust Fund be used for specified purposes;
  135         amending s. 945.6041, F.S.; providing legislative
  136         findings; providing and revising definitions; revising
  137         compensation for the provision of inmate medical
  138         services by certain providers; providing an exemption;
  139         prohibiting compensation to a hospital for the
  140         provision of emergency medical services and care
  141         provided to inmates from exceeding a certain
  142         percentage of the Medicare allowable rate; revising
  143         compensation for the