Florida Senate - 2026 SB 1012
By Senator Yarborough
4-00769A-26 20261012__
1 A bill to be entitled
2 An act relating to inmate services; amending s.
3 945.215, F.S.; requiring that funds from the
4 Contractor-Operated Institutions Inmate Welfare Trust
5 Fund be used exclusively for specified provisions;
6 amending s. 945.6041, F.S.; providing legislative
7 intent; revising the term “health care provider” to
8 “community health care provider” and revising its
9 definition; providing definitions; revising
10 compensation for the provision of inmate medical
11 services by certain providers; providing an exemption;
12 requiring a Medicaid health care provider to provide
13 inmate patients with reasonable access to adequate
14 medical services; revising compensation for the
15 provision of inmate emergency medical transportation
16 services; reenacting s. 944.72(1), F.S., relating to
17 the Contractor-Operated Institutions Inmate Welfare
18 Trust Fund, to incorporate the amendment made to s.
19 945.215, F.S., in a reference thereto; providing
20 effective dates.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (b) of subsection (3) of section
25 945.215, Florida Statutes, is amended to read:
26 945.215 Inmate welfare and employee benefit trust funds.—
27 (3) CONTRACTOR-OPERATED INSTITUTIONS INMATE WELFARE TRUST
28 FUND; CONTRACTOR-OPERATED CORRECTIONAL FACILITIES.—
29 (b)1. The net proceeds derived from inmate canteens,
30 vending machines used primarily by inmates, telephone
31 commissions, and similar sources at contractor-operated
32 correctional facilities shall be deposited in the Contractor
33 Operated Institutions Inmate Welfare Trust Fund.
34 2. Funds in the Contractor-Operated Institutions Inmate
35 Welfare Trust Fund must be used exclusively to provide for or
36 operate any of the following at contractor-operated correctional
37 facilities:
38 a. Programs to aid inmates’ reintegration into society.
39 b. Environmental health upgrades to facilities, including
40 fixed capital outlay for repairs and maintenance that would
41 improve environmental conditions of the correctional facilities.
42 3.2. Funds in the Contractor-Operated Institutions Inmate
43 Welfare Trust Fund shall be expended only pursuant to
44 legislative appropriation.
45 Section 2. Effective October 1, 2026, section 945.6041,
46 Florida Statutes, is amended to read:
47 945.6041 Compensation for inmate emergency and specialty
48 medical services.—
49 (1) The department relies on community health care
50 providers to provide emergency and specialty medical services to
51 incarcerated inmates which cannot be provided by health care
52 staff inside a state correctional institution. The department
53 has experienced a substantial increase in inmate health care
54 costs. Accordingly, it is the intent of the Legislature that
55 inmates committed to the custody of the department have adequate
56 access to emergency or other necessary specialty medical
57 services at rates that are cost-effective for the state.
58 (2)(1) As used in this section, the term:
59 (b)(a) “Emergency medical transportation services”
60 includes, but is not limited to, services rendered by
61 ambulances, emergency medical services vehicles, and air
62 ambulances as those terms are defined in s. 401.23.
63 (a)(b) “Community health care provider” means:
64 1. A hospital licensed under chapter 395.
65 2. A physician or physician assistant licensed under
66 chapter 458.
67 3. An osteopathic physician or physician assistant licensed
68 under chapter 459.
69 4. A podiatric physician licensed under chapter 461.
70 5. An autonomous advanced practice registered nurse
71 licensed under chapter 464.
72 6.5. A health maintenance organization certificated under
73 part I of chapter 641.
74 7.6. An ambulatory surgical center licensed under chapter
75 395.
76 8.7. A professional association, partnership, corporation,
77 joint venture, or other association established by the
78 individuals set forth in subparagraphs 2., 3., and 4. for
79 professional activity.
80 9.8. An other medical facility.
81 a. As used in this subparagraph, the term “other medical
82 facility” means:
83 (I) A facility the primary purpose of which is to provide
84 human medical diagnostic services, or a facility providing
85 nonsurgical human medical treatment which discharges patients on
86 the same working day that the patients are admitted; and
87 (II) A facility that is not part of a hospital.
88 b. The term does not include a facility existing for the
89 primary purpose of performing terminations of pregnancy, or an
90 office maintained by a physician or dentist for the practice of
91 medicine.
92 (c) “Inmate medical services” includes, but is not limited
93 to, services rendered by a community health care provider to an
94 inmate.
95 (d) “Medicaid allowable rate” means the amount that the
96 Agency for Health Care Administration would reimburse a Medicaid
97 provider, as defined by s. 409.901, for Medicaid-covered
98 services delivered through the fee-for-service program.
99 (e) “Secure unit” means a designated space, approved by the
100 department, where the department can safely and efficiently
101 manage and secure inmates who are receiving medical services
102 from a community health care provider.
103 (3)(2) Compensation to a community health care provider for
104 the provision of to provide inmate medical services may not
105 exceed 110 percent of the Medicaid Medicare allowable rate if
106 the health care provider does not have a contract to provide
107 services with the department or the contractor-operated
108 correctional facility, as defined in s. 944.710, which houses
109 the inmate. However, a community health care provider is exempt
110 from this section and may negotiate compensation above the
111 Medicaid allowable rate if the community health care provider
112 enters into an agreement with the department, a comprehensive
113 health care services vendor, or a contractor-operated
114 correctional facility, as defined in s. 944.710, to provide
115 medical services to inmates in a secure unit within the
116 community health care provider’s medical facility, within a
117 correctional institution or facility, or by telehealth in
118 accordance with s. 456.47 if such inmates are within the
119 correctional institution or facility when they receive such
120 medical services.
121 (4) In addition to the Medicaid provider agreement
122 requirements established in s. 409.907 to participate in a
123 Medicaid supplemental funding program and to remain in good
124 standing with the Medicaid program, a Medicaid community health
125 care provider shall provide inmate patients with reasonable
126 access to adequate medical services, including emergency and
127 specialty care services. compensation to a health care provider
128 may not exceed 125 percent of the Medicare allowable rate if:
129 (a) The health care provider does not have a contract to
130 provide services with the department or the contractor-operated
131 correctional facility, as defined in s. 944.710, which houses
132 the inmate; and
133 (b) The health care provider reported a negative operating
134 margin for the previous year to the Agency for Health Care
135 Administration through hospital-audited financial data.
136 (5)(3) Compensation to an entity to provide emergency
137 medical transportation services for inmates may not exceed 110
138 percent of the Medicaid Medicare allowable rate if the entity
139 does not have a contract with the department or a contractor
140 operated correctional facility, as defined in s. 944.710, to
141 provide the services.
142 (6)(4) This section does not apply to charges for medical
143 services provided at a hospital operated by the department.
144 Section 3. For the purpose of incorporating the amendment
145 made by this act to section 945.215, Florida Statutes, in a
146 reference thereto, subsection (1) of section 944.72, Florida
147 Statutes, is reenacted to read:
148 944.72 Contractor-Operated Institutions Inmate Welfare
149 Trust Fund.—
150 (1) There is hereby created in the Department of
151 Corrections the Contractor-Operated Institutions Inmate Welfare
152 Trust Fund. The purpose of the trust fund shall be the benefit
153 and welfare of inmates incarcerated in contractor-operated
154 correctional facilities under contract with the department
155 pursuant to this chapter or chapter 957. Moneys shall be
156 deposited in the trust fund and expenditures made from the trust
157 fund as provided in s. 945.215.
158 Section 4. Except as otherwise expressly provided in this
159 act, this act shall take effect July 1, 2026.