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) 2 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. 66 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. 70 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.