Senate Bill sb2544

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    Florida Senate - 2004                                  SB 2544

    By Senator Siplin





    19-1380-04

  1                      A bill to be entitled

  2         An act relating to health care for children;

  3         creating the Florida Universal Health Access

  4         for Children Plan; providing legislative

  5         intent; providing definitions relating to

  6         health care services for children; providing a

  7         single, publicly financed statewide program to

  8         provide medically necessary health services for

  9         each child in the state without cost to the

10         child or his or her family; requiring the

11         Department of Health to administer the plan;

12         directing the department to perform certain

13         specified activities and responsibilities;

14         requiring the department to report annually to

15         the Governor and the Legislature; directing the

16         department to adopt rules to administer the

17         plan; authorizing the department to hold public

18         hearings; providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Universal health care for children.--

23         (1)  LEGISLATIVE INTENT.--

24         (a)  The Legislature finds that one of the principal

25  duties of government is to ensure the care, safety, and

26  protection of children in an environment that fosters healthy

27  social, emotional, intellectual, and physical development. To

28  ensure a secure and safe environment, it is paramount to

29  promote the health and well-being of all children in this

30  state.

31  

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    Florida Senate - 2004                                  SB 2544
    19-1380-04




 1         (b)  The Legislature further finds that most families

 2  are competent caregivers and providers for the health care

 3  needs of their children and that children achieve their

 4  greatest potential when families are able to support and

 5  nurture the health of their children in their own homes.

 6  Therefore, the Legislature finds that the policies and

 7  procedures relating to the health of the children in this

 8  state must ensure that all children, regardless of their

 9  parents' income, have access to high-quality health care,

10  without cost to the family or child.

11         (2)  DEFINITIONS.--As used in this section, the term:

12         (a)  "Child" means any person younger than 19 years of

13  age.

14         (b)  "Child with special health care needs" means a

15  child whose serious or chronic physical or developmental

16  condition requires extensive preventive and maintenance care

17  beyond that required by typical healthy children. Health care

18  utilization by such a child exceeds the statistically expected

19  usage of the normal child adjusted for chronological age.

20  These children often need complex care requiring multiple

21  providers, rehabilitation services, and specialized equipment

22  in a number of different settings.

23         (c)  "Comprehensive health care services" means

24  services, medical equipment, and supplies furnished by a

25  provider, including, but not limited to, medical, surgical,

26  and dental care; psychological, optometric, optic,

27  chiropractic, podiatric, nursing, physical therapy, and

28  pharmaceutical services; emergency services and care; health

29  education, preventive medical, rehabilitative, and home health

30  services; inpatient and outpatient hospital services; extended

31  care; nursing home care; convalescent institutional care;

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    Florida Senate - 2004                                  SB 2544
    19-1380-04




 1  technical and professional clinical pathology laboratory

 2  services; laboratory and ambulance services; appliances,

 3  drugs, medicines, and supplies; and any other care, service,

 4  or treatment of disease or correction of defects for children.

 5         (d)  "Department" means the Department of Health.

 6         (e)  "Emergency services and care" means medical

 7  screening, examination, and evaluation by a physician, or, to

 8  the extent permitted by applicable law, by other appropriate

 9  personnel under the supervision of a physician, to determine

10  if an emergency medical condition exists and, if it does, the

11  care, treatment, or surgery for a covered service by a

12  physician necessary to relieve or eliminate the emergency

13  medical condition, within the service capability of a

14  hospital.

15         (f)  "Family" means the group or the individuals caring

16  for a child. The family includes a child with a custodial

17  parent or caretaker relative who resides in the same house or

18  living unit or, in the case of a child whose disability of

19  nonage has been removed under chapter 743, Florida Statutes,

20  the child. The family may also include other individuals whose

21  income and resources are considered in whole or in part in

22  determining the eligibility of the child.

23         (g)  "Health care provider" means a health care

24  professional, health care facility, or entity licensed or

25  certified to provide health services in this state which meets

26  the criteria as established by the department.

27         (h)  "Medically necessary" means the use of any medical

28  treatment, service, equipment, or supply necessary to palliate

29  the effects of a terminal condition or to prevent, diagnose,

30  correct, cure, alleviate, or preclude deterioration of a

31  

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    Florida Senate - 2004                                  SB 2544
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 1  condition that threatens life, causes pain or suffering, or

 2  results in illness or infirmity and which is:

 3         1.  Consistent with the symptom, diagnosis, and

 4  treatment of the child's condition;

 5         2.  Provided in accordance with generally accepted

 6  standards of medical practice;

 7         3.  Not primarily intended for the convenience of the

 8  child, the child's family, or the health care provider;

 9         4.  The most appropriate level of supply or service for

10  the diagnosis and treatment of the child's condition; and

11         5.  Approved by the appropriate medical body or health

12  care specialty involved as effective, appropriate, and

13  essential for the care and treatment of the child's condition.

14         (3)  FLORIDA UNIVERSAL HEALTH ACCESS FOR CHILDREN

15  PLAN.--The Florida Universal Health Access for Children Plan

16  is created for the purpose of providing a single, publicly

17  financed statewide program to provide comprehensive health

18  care service for all medically necessary health services for

19  all children of the state without cost to the child or his or

20  her family.

21         (4)  RESPONSIBILITIES OF THE FLORIDA DEPARTMENT OF

22  HEALTH.--

23         (a)  The Department of Health shall:

24         1.  Establish budget and reimbursement policy

25  guidelines for the plan, recommend priorities for implementing

26  comprehensive plans and budgets, and determine aggregate

27  capital expenditures.

28         2.  Establish fee schedules for health care providers.

29         3.  Determine the medical standards for establishing

30  the eligibility of children seeking comprehensive health care

31  services from the plan based on medical priority.

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    Florida Senate - 2004                                  SB 2544
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 1         4.  Coordinate a comprehensive delivery system for

 2  children to take maximum advantage of all available funds.

 3         5.  Administer and implement the plan.

 4         6.  Study the most effective methods of providing

 5  comprehensive health care services to all children in this

 6  state, including children with special health care needs.

 7         7.  Serve as a provider and principal case manager for

 8  children with special health care needs.

 9         8.  Report annually to the Governor, the President of

10  the Senate, and the Speaker of the House of Representatives on

11  its activities and recommend any changes in health care law

12  and funding to improve access to health care for the children

13  of this state.

14         9.  Disseminate, to health care providers of services

15  and to the public, information concerning the plan and the

16  children eligible to receive the comprehensive health care

17  services under the plan.

18         10.  Monitor, study, and evaluate the operation of the

19  plan, including, but not limited to, the adequacy and quality

20  of the comprehensive health care services furnished to

21  children under the plan, the cost of each type of service, and

22  the effectiveness of cost-containment measures under the plan.

23         11.  Conduct necessary investigations and inquiries and

24  compel the submission of information, documents, and records

25  it considers necessary to carry out its duties under this act.

26         12.  Conduct other activities the department considers

27  necessary to carry out the purposes of this act.

28         13.  Develop a plan of operation.

29         14.  Adopt rules to administer the plan. The rules may

30  include requirements for definitions of terms, program

31  organization, and program description; responsibilities of

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    Florida Senate - 2004                                  SB 2544
    19-1380-04




 1  clients; requirements for service applications, including

 2  required medical information; requirements for initial

 3  treatment and for continued treatment; billing and payment

 4  requirements for health care providers; requirements for

 5  qualification, appointments, verification, and emergency

 6  exceptions for health-professional consultants; general and

 7  diagnostic-specific standards for diagnostic and treatment

 8  facilities; and standards for the method of service delivery,

 9  including consultant services, respect-for-privacy

10  considerations, examination requirements, family support

11  plans, and clinic design.

12         (b)  The department, after providing notice to

13  families, health care providers, and others, may hold hearings

14  in connection with any action that it proposes to take under

15  this act.

16         Section 2.  This act shall take effect July 1, 2004.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Creates a universal health care plan for children.
      Provides for a single, publicly financed statewide
21    program to provide medically necessary health services
      for all children in the state without cost to the child
22    or his or her family. Requires the Department of Health
      to administer the plan. Directs the department to perform
23    certain specified activities and responsibilities.
      Directs the department to adopt rules to administer the
24    plan. Authorizes the department to hold public hearings.

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