Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 966
                                Barcode 853066                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Richter moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 3831 and 3832
    4  insert:
    5         Section 86. Subsection (4) of section 766.1115, Florida
    6  Statutes, is amended to read:
    7         766.1115 Health care providers; creation of agency
    8  relationship with governmental contractors.—
    9         (4) CONTRACT REQUIREMENTS.—A health care provider that
   10  executes a contract with a governmental contractor to deliver
   11  health care services on or after April 17, 1992, as an agent of
   12  the governmental contractor is an agent for purposes of s.
   13  768.28(9), while acting within the scope of duties under the
   14  contract, if the contract complies with the requirements of this
   15  section and regardless of whether the individual treated is
   16  later found to be ineligible. A health care provider continues
   17  to be an agent for purposes of s. 768.28(9) for up to 30 days
   18  after an individual is determined to be ineligible for health
   19  care services to allow for the uninterrupted completion of the
   20  individual’s course of treatment by the health care provider
   21  while the individual transitions to the care of another. A
   22  health care provider under contract with the state may not be
   23  named as a defendant in any action arising out of medical care
   24  or treatment provided on or after April 17, 1992, under
   25  contracts entered into under this section. The contract must
   26  provide that:
   27         (a) The right of dismissal or termination of any health
   28  care provider delivering services under the contract is retained
   29  by the governmental contractor.
   30         (b) The governmental contractor has access to the patient
   31  records of any health care provider delivering services under
   32  the contract.
   33         (c) Adverse incidents and information on treatment outcomes
   34  must be reported by any health care provider to the governmental
   35  contractor if the incidents and information pertain to a patient
   36  treated under the contract. The health care provider shall
   37  submit the reports required by s. 395.0197. If an incident
   38  involves a professional licensed by the Department of Health or
   39  a facility licensed by the Agency for Health Care
   40  Administration, the governmental contractor shall submit such
   41  incident reports to the appropriate department or agency, which
   42  shall review each incident and determine whether it involves
   43  conduct by the licensee that is subject to disciplinary action.
   44  All patient medical records and any identifying information
   45  contained in adverse incident reports and treatment outcomes
   46  which are obtained by governmental entities under this paragraph
   47  are confidential and exempt from the provisions of s. 119.07(1)
   48  and s. 24(a), Art. I of the State Constitution.
   49         (d) Patient selection and initial referral must be made
   50  solely by the governmental contractor, and the provider must
   51  accept all referred patients. However, the number of patients
   52  that must be accepted may be limited by the contract, and
   53  patients may not be transferred to the provider based on a
   54  violation of the antidumping provisions of the Omnibus Budget
   55  Reconciliation Act of 1989, the Omnibus Budget Reconciliation
   56  Act of 1990, or chapter 395.
   57         (e) If emergency care is required, the patient need not be
   58  referred before receiving treatment, but must be referred within
   59  48 hours after treatment is commenced or within 48 hours after
   60  the patient has the mental capacity to consent to treatment,
   61  whichever occurs later.
   62         (f) Patient care, including any followup or hospital care,
   63  is subject to approval by the governmental contractor.
   64         (g) The provider is subject to supervision and regular
   65  inspection by the governmental contractor.
   67  A governmental contractor that is also a health care provider is
   68  not required to enter into a contract under this section with
   69  respect to the health care services delivered by its employees.
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete line 354
   74  and insert:
   75         conform to changes made by the act; amending s.
   76         766.1115, F.S.; providing that certain health care
   77         providers are an agent of the state for sovereign
   78         immunity purposes during a specified period after a
   79         patient is deemed ineligible for indigent care to
   80         allow for the uninterrupted completion of a course of
   81         treatment; creating s.