Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1860
       
       
       
       
       
       
                                Barcode 310400                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/29/2012           .                                
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       The Committee on Budget (Altman) recommended the following:
       
    1         Senate Amendment to Amendment (811080) 
    2  
    3         Delete lines 1500 - 1611
    4  and insert:
    5  hospital; and
    6         (II) In a facility wholly owned by a physician licensed
    7  under chapter 458, chapter 459, or chapter 460, or by the
    8  physician and the spouse, parents, children, or siblings of such
    9  physician, which facility is selected by the injured person.
   10         c. Services and care rendered when an insured is admitted
   11  to a hospital within 7 days after the motor vehicle accident,
   12  for a condition related to the motor vehicle accident.
   13         d. If the insured receives emergency transport and
   14  treatment or emergency services and care pursuant to sub
   15  subparagraph a. or sub-subparagraph b., or services and care
   16  pursuant to sub-subparagraph c., prescribed followup services
   17  and care directly related to the medical diagnosis arising from
   18  the motor vehicle accident if:
   19         (I) The medical diagnosis and determination of the
   20  emergency medical condition was rendered in a hospital by a
   21  physician licensed under chapter 458, an osteopathic physician
   22  licensed under chapter 459, a dentist licensed under chapter
   23  466, or, to the extent permitted by applicable law and under the
   24  supervision of such physician, osteopathic physician, or
   25  dentist, by a physician assistant licensed under chapter 458 or
   26  chapter 459 or an advanced registered nurse practitioner
   27  licensed under chapter 464, or the insured received services and
   28  care while admitted to a hospital; and
   29         (II) The prescribed followup services and care are rendered
   30  by a physician licensed under chapter 458, an osteopathic
   31  physician licensed under chapter 459, a chiropractic physician
   32  licensed under chapter 460, or a dentist licensed under chapter
   33  466 as selected by the injured person, a physician assistant
   34  licensed under chapter 458 or chapter 459, or an advanced
   35  registered nurse practitioner licensed under chapter 464.
   36         e. If the insured receives services and care pursuant to
   37  sub-subparagraph a., sub-subparagraph b., sub-subparagraph c.,
   38  or sub-subparagraph d., all medically necessary medical,
   39  surgical, dental, nursing, or diagnostic ancillary services,
   40  hospital or ambulatory surgical center services, durable medical
   41  equipment, prosthetics, or orthotics and supplies.
   42         2. Up to a limit of $2,000, 80 percent of all reasonable
   43  expenses as follows:
   44         a. Services and care rendered within 7 days after the motor
   45  vehicle accident by a physician licensed under chapter 458, an
   46  osteopathic physician licensed under chapter 459, a chiropractic
   47  physician licensed under chapter 460, or a dentist licensed
   48  under chapter 466, a physician assistant licensed under chapter
   49  458 or 459, or an advanced registered nurse practitioner
   50  licensed under chapter 464, who is selected by the injured
   51  person.
   52         b. If the insured receives services and care pursuant to
   53  sub-subparagraph a., prescribed followup services and care
   54  directly related to the medical diagnosis arising from the motor
   55  vehicle accident. The medical benefits provide reimbursement
   56  only for followup services and care provided, supervised,
   57  ordered, or prescribed by a physician licensed under chapter
   58  458, an osteopathic physician licensed under chapter 459, a
   59  dentist licensed under chapter 466 or, to the extent permitted
   60  by applicable law and under the supervision of such physician,
   61  osteopathic physician, or dentist, by a physician assistant
   62  licensed under chapter 458 or chapter 459 or an advanced
   63  registered nurse practitioner licensed under chapter 464. Such
   64  followup services and care may be rendered by a physician
   65  licensed under chapter 458, an osteopathic physician licensed
   66  under chapter 459, a chiropractic physician licensed under
   67  chapter 460, a dentist licensed under chapter 466, or, to the
   68  extent permitted by applicable law and under the supervision of
   69  such physician, osteopathic physician, or dentist, by a
   70  physician assistant licensed under chapter 458 or chapter 459 or
   71  an advanced registered nurse practitioner licensed under chapter
   72  464, who is selected by the injured person.
   73         c. All medically necessary medical, surgical, dental,
   74  nursing, or diagnostic ancillary services, hospital or
   75  ambulatory surgical center services, durable medical equipment,
   76  prosthetics, orthotics, and supplies.
   77         d. Payment of benefits under sub-subparagraph a.,
   78  subparagraph b., or sub-subparagraph c. occurs only if an
   79  insured has been determined in a hospital to not have an
   80  emergency medical condition or did not present at a hospital but
   81  received treatment from a provider identified in sub
   82  subparagraph a. within 7 days after the motor vehicle accident.
   83         3. Prescribed followup services and care under sub
   84  subparagraph 1.d. and reimbursable medical benefits under
   85  subparagraph 2. must be provided in a clinic licensed under part
   86  X of chapter 400 or an entity excluded from the definition of a
   87  clinic. However, as provided in s. 400.9905, an entity excluded
   88  from the definition of a clinic shall be deemed a clinic and
   89  must be licensed under part X of chapter 400 in order to receive
   90  reimbursement for prescribed followup services and care under
   91  sub-subparagraph 1.d. unless the entity is:
   92         a. An entity wholly owned by a physician licensed under
   93  chapter 458 or chapter 459, or by the physician and the spouse,
   94  parent, child, or sibling of the physician;
   95         b. An entity wholly owned by a dentist licensed under
   96  chapter 466, or by the dentist and the spouse, parent, child, or
   97  sibling of the dentist;
   98         c. An entity wholly owned by a chiropractic physician
   99  licensed under chapter 460, or by the chiropractic physician and
  100  the spouse, parent, child, or sibling of the chiropractic
  101  physician if such entity has filed for a licensing exemption
  102  with the Agency for Health Care Administration; or
  103         d. A hospital or ambulatory surgical center licensed under
  104  chapter 395.
  105         4. Medical benefits do not include massage as defined in s.
  106  480.033 or acupuncture as defined in s. 457.102, regardless of
  107  the person, entity, or licensee providing massage or
  108  acupuncture.
  109         5. For purposes of ss. 627.748-627.7491, a medical
  110  diagnosis that an emergency medical condition exists is presumed
  111  to be correct unless rebutted by clear and convincing evidence
  112  to the contrary.