CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1940

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Myers moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 455.557, Florida Statutes, is

18  created to read:

19         455.557  Standardized credentialing for health care

20  practitioners.--

21         (1)  INTENT.--The Legislature recognizes that an

22  efficient and effective health care practitioner credentialing

23  program helps to ensure access to quality health care and also

24  recognizes that health care practitioner credentialing

25  activities have increased significantly as a result of health

26  care reform and recent changes in health care delivery and

27  reimbursement systems. Moreover, the resulting duplication of

28  health care practitioner credentialing activities is

29  unnecessarily costly and cumbersome for both the practitioner

30  and the entity granting practice privileges. Therefore, it is

31  the intent of this section that a mandatory credentials

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                                                  SENATE AMENDMENT

    Bill No. SB 1940

    Amendment No.    





 1  verification program be established which provides that, once

 2  a health care practitioner's core credentials data are

 3  collected, validated, maintained, and stored, they need not be

 4  collected again. Mandatory credentialing under this section

 5  shall initially include those individuals licensed under

 6  chapter 458, chapter 459, chapter 460, or chapter 461.

 7  However, the department shall, with the approval of the

 8  applicable board, include other professions under the

 9  jurisdiction of the Division of Medical Quality Assurance in

10  this credentialing program, provided they meet the

11  requirements of s. 455.565.

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

13         (a)  "Advisory council" or "council" means the

14  Credentials Verification Advisory Council.

15         (b)  "Applicant" means an individual applying for

16  licensure or a current licensee applying for credentialing.

17         (c)  "Certified" or "accredited," as applicable, means

18  approved by a quality assessment program, from the National

19  Committee for Quality Assurance, the Joint Commission on

20  Accreditation of Healthcare Organizations, the Utilization

21  Review Accreditation Commission, or any such other nationally

22  recognized and accepted organization authorized by the

23  department, used to assess and certify any credentials

24  verification program, entity, or organization that verifies

25  the credentials of any health care practitioner.

26         (d)  "Core credentials data" means any professional

27  education, professional training, peer references, licensure,

28  Drug Enforcement Administration certification, social security

29  number, board certification, Educational Commission for

30  Foreign Medical Graduates information, hospital affiliations,

31  managed care organization affiliations, other institutional

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                                                  SENATE AMENDMENT

    Bill No. SB 1940

    Amendment No.    





 1  affiliations, professional society memberships, professional

 2  liability insurance, claims, suits, judgments, or settlements,

 3  Medicare or Medicaid sanctions, civil or criminal law

 4  violations, practitioner profiling data, special conditions of

 5  impairment, or regulatory exemptions not previously reported

 6  to the department in accordance with both s. 455.565 and the

 7  initial licensure reporting requirements specified in the

 8  applicable practice act.

 9         (e)  "Credentialing" means the process of assessing and

10  validating the qualifications of a licensed health care

11  practitioner.

12         (f)  "Credentials verification entity" means any

13  program, entity, or organization that is organized and

14  certified or accredited for the express purpose of collecting,

15  verifying, maintaining, storing, and providing to health care

16  entities a health care practitioner's total core credentials

17  data, including all corrections, updates, and modifications

18  thereto, as authorized by the health care practitioner and in

19  accordance with the provisions of this section. The division,

20  once certified, shall be considered a credentials verification

21  entity for all health care practitioners.

22         (g)  "Department" means the Department of Health.

23         (h)  "Designated credentials verification entity" means

24  the program, entity, or organization organized and certified

25  or accredited for the express purpose of collecting,

26  verifying, maintaining, storing, and providing to health care

27  entities a health care practitioner's total core credentials

28  data, including all corrections, updates, and modifications

29  thereto, which is selected by the health care practitioner as

30  the credentials verification entity for all inquiries into his

31  or her credentials, if the health care practitioner chooses to

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    Amendment No.    





 1  make such a designation. Notwithstanding any such designation

 2  by a health care practitioner, the division, once certified,

 3  shall also be considered a designated credentials verification

 4  entity for that health care practitioner.

 5         (i)  "Division" means the Division of Medical Quality

 6  Assurance within the Department of Health.

 7         (j)  "Health care entity" means:

 8         1.  Any health care facility or other health care

 9  organization licensed or certified to provide approved medical

10  and allied health services in Florida; or

11         2.  Any entity licensed by the Department of Insurance

12  as a prepaid health care plan or health maintenance

13  organization or as an insurer to provide coverage for health

14  care services through a network of providers.

15         (k)  "Health care practitioner" means any person

16  licensed under chapter 458, chapter 459, chapter 460, or

17  chapter 461 or any person licensed under a chapter

18  subsequently made subject to this section by the department

19  with the approval of the applicable board.

20         (l)  "National accrediting organization" means an

21  organization that awards accreditation or certification to

22  hospitals, managed care organizations, or other health care

23  organizations, including, but not limited to, the Joint

24  Commission on Accreditation of Healthcare Organizations and

25  the National Committee for Quality Assurance.

26         (m)  "Primary source verification" means verification

27  of professional qualifications based on evidence obtained

28  directly from the issuing source of the applicable

29  qualification.

30         (n)  "Recredentialing" means the process by which a

31  credentials verification entity verifies the credentials of a

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                                                  SENATE AMENDMENT

    Bill No. SB 1940

    Amendment No.    





 1  health care practitioner whose core credentials data,

 2  including all corrections, updates, and modifications thereto,

 3  are currently on file with the entity.

 4         (o)  "Secondary source verification" means confirmation

 5  of a professional qualification by means other than primary

 6  source verification, as outlined and approved by national

 7  accrediting organizations.

 8         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

 9         (a)  In accordance with the provisions of this section,

10  the department shall develop standardized forms necessary for

11  the creation of a standardized system as well as guidelines

12  for collecting, verifying, maintaining, storing, and providing

13  core credentials data on health care practitioners through

14  credentials verification entities, except as otherwise

15  provided in this section, for the purpose of eliminating

16  duplication. Once the core credentials data are submitted, the

17  health care practitioner is not required to resubmit this

18  initial data when applying for practice privileges with health

19  care entities. However, as provided in paragraph (d), each

20  health care practitioner is responsible for providing any

21  corrections, updates, and modifications to his or her core

22  credentials data, to ensure that all credentialing data on the

23  practitioner remains current. Nothing in this paragraph

24  prevents the designated credentials verification entity from

25  obtaining all necessary attestation and release form

26  signatures and dates.

27         (b)  There is established a Credentials Verification

28  Advisory Council, consisting of 13 members, to assist with the

29  development of guidelines for establishment of the

30  standardized credentials verification program. The secretary,

31  or his or her designee, shall serve as one member and chair of

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 1  the council and shall appoint the remaining 12 members. Except

 2  for any initial lesser term required to achieve staggering,

 3  such appointments shall be for 4-year staggered terms, with

 4  one 4-year reappointment, as applicable. Three members shall

 5  represent hospitals, and two members shall represent health

 6  maintenance organizations. One member shall represent health

 7  insurance entities. One member shall represent the credentials

 8  verification industry. Two members shall represent physicians

 9  licensed under chapter 458, one member shall represent

10  osteopathic physicians licensed under chapter 459, one member

11  shall represent chiropractic physicians licensed under chapter

12  460, and one member shall represent podiatric physicians

13  licensed under chapter 461.

14         (c)  The department, in consultation with the advisory

15  council, shall develop standard forms for the initial

16  reporting of core credentials data for credentialing purposes

17  and for the subsequent reporting of corrections, updates, and

18  modifications thereto for recredentialing purposes.

19         (d)  Each health care practitioner licensed under

20  chapter 458, chapter 459, chapter 460, or chapter 461, or any

21  person licensed under a chapter subsequently made subject to

22  this section, must report any action or information as defined

23  in paragraph (2)(d), including any correction, update, or

24  modification thereto, as soon as possible but not later than

25  30 days after such action occurs or such information is known,

26  to the department or his or her designated credentials

27  verification entity, if any, who must report it to the

28  department. In addition, a licensee must update, at least

29  quarterly, his or her data on a form prescribed by the

30  department.

31         (e)  An individual applying for licensure under chapter

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    Bill No. SB 1940

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 1  458, chapter 459, chapter 460, or chapter 461, or any person

 2  applying for licensure under a chapter subsequently made

 3  subject to this section, must submit the individual's initial

 4  core credentials data to a credentials verification entity, if

 5  such information has not already been submitted to the

 6  department or the appropriate licensing board or to any other

 7  credentials verification entity.

 8         (f)  Applicants may decide which credentials

 9  verification entity they want to process and store their core

10  credentials data; however, such data shall at all times be

11  maintained by the department. An applicant may choose not to

12  designate a credentials verification entity, provided the

13  applicant has a written agreement with the health care entity

14  or entities that are responsible for his or her credentialing.

15  In addition, any licensee may choose to move his or her core

16  credentials data from one credentials verification entity to

17  another.

18         (g)  Any health care entity that employs, contracts

19  with, or allows health care practitioners to treat its

20  patients must use the designated credentials verification

21  entity to obtain core credentials data on a health care

22  practitioner applying for privileges with that entity, if the

23  health care practitioner has made such a designation, or may

24  use the division in lieu thereof as the designated credentials

25  verification entity required for obtaining core credentials

26  data on such health care practitioner. Any additional

27  information required by the health care entity's credentialing

28  process may be collected from the primary source of that

29  information either by the health care entity or its contractee

30  or by the designated credentials verification entity.

31         (h)  Nothing in this section may be construed to

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 1  restrict the right of any health care entity to request

 2  additional information necessary for credentialing.

 3         (i)  Nothing in this section may be construed to

 4  restrict access to the National Practitioner Data Bank by the

 5  department, any health care entity, or any credentials

 6  verification entity.

 7         (j)  Nothing in this section may be construed to

 8  restrict in any way the authority of the health care entity to

 9  approve or deny an application for hospital staff membership,

10  clinical privileges, or managed care network participation.

11         (4)  DELEGATION BY CONTRACT.--A health care entity may

12  contract with any credentials verification entity to perform

13  the functions required under this section. The submission of

14  an application for health care privileges with a health care

15  entity shall constitute authorization for the health care

16  entity to access the applicant's core credentials data with

17  the department or the applicant's designated credentials

18  verification entity, if the applicant has made such a

19  designation.

20         (5)  AVAILABILITY OF DATA COLLECTED.--

21         (a)  The department shall make available to a health

22  care entity or credentials verification entity registered with

23  the Department of Health all core credentials data it collects

24  on any licensee that is otherwise confidential and exempt from

25  the provisions of chapter 119 and s. 24(a), Art. I, of the

26  State Constitution including corrections, updates, and

27  modifications thereto if a health care entity submits proof of

28  the licensee's current pending application for purposes of

29  credentialing the applicant based on the core credentials data

30  maintained by the department.

31         (b)  Each credentials verification entity shall make

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 1  available to a health care entity the licensee has authorized

 2  to receive the data, and to the department at the credentials

 3  verification entity's actual cost of providing the data, all

 4  core credentials data it collects on any licensee, including

 5  all corrections, updates, and modifications thereto.

 6         (c)  The department shall charge health care entities

 7  and other credentials verification entities a reasonable fee

 8  pursuant to the requirements of chapter 119, to access all

 9  credentialing data it maintains on applicants and licensees.

10  The fee shall be set in consultation with the advisory council

11  and may not exceed the actual cost of providing the data.

12         (6)  DUPLICATION OF DATA PROHIBITED.--

13         (a)  A health care entity may not collect or attempt to

14  collect duplicate core credentials data from any individual

15  health care practitioner or from any primary source if the

16  information is already on file with the department or with any

17  credentials verification entity.

18         (b)  A credentials verification entity other than the

19  Department of Health may not attempt to collect duplicate core

20  credentials data from any individual health care practitioner

21  if the information is already on file with another credentials

22  verification entity or with the appropriate licensing board of

23  another state, provided the other state's credentialing

24  program meets national standards and is certified or

25  accredited, as outlined by national accrediting organizations,

26  and agrees to provide all data collected under such program on

27  that health care practitioner.

28         (7)  RELIABILITY OF DATA.--Any credentials verification

29  entity may rely upon core credentials data, including all

30  corrections, updates, and modifications thereto, from the

31  department if the department certifies that the information

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 1  was obtained in accordance with primary source verification

 2  procedures; and the department may rely upon core credentials

 3  data, including all corrections, updates, and modifications

 4  thereto, from any credentials verification entity if the

 5  designated credentials verification entity certifies that the

 6  information was obtained in accordance with primary source

 7  verification procedures.

 8         (8)  STANDARDS AND REGISTRATION.--

 9         (a)  The department's credentials verification

10  procedures must meet national standards, as outlined by

11  national accrediting organizations.

12         (b)  Any credentials verification entity that does

13  business in Florida must meet national standards, as outlined

14  by national accrediting organizations, and must register with

15  the department. The department may charge a reasonable

16  registration fee, not to exceed an amount sufficient to cover

17  its actual expenses in providing for such registration. Any

18  credentials verification entity that fails to meet the

19  standards required to be certified or accredited, fails to

20  register with the department, or fails to provide data

21  collected on a health care practitioner may not be selected as

22  the designated credentials verification entity for any health

23  care practitioner

24         (9)  LIABILITY.--No civil, criminal, or administrative

25  action may be instituted, and there shall be no liability,

26  against any health care entity on account of its reliance on

27  any data obtained from a credentials verification entity.

28         (10)  REVIEW.--Before releasing a health care

29  practitioner's core credentials data from its data bank, a

30  designated credentials verification entity other than the

31  Department of Health must provide the practitioner up to 30

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 1  days to review such data and make any corrections of fact.

 2         (11)  VALIDATION OF CREDENTIALS.--Except as otherwise

 3  acceptable to the health care entity and applicable certifying

 4  or accrediting organization listed in paragraph (2)(c), the

 5  department and all credentials verification entities must

 6  perform primary source verification of all credentialing

 7  information submitted to them pursuant to this section;

 8  however, secondary source verification may be utilized if

 9  there is a documented attempt to contact primary sources. The

10  validation procedures used by the department and credentials

11  verification entities must meet the standards established by

12  rule pursuant to this section.

13         (12)  LIABILITY INSURANCE REQUIREMENTS.--The

14  department, in consultation with the Credentials Verification

15  Advisory Council, shall establish the minimum liability

16  insurance requirements for each credentials verification

17  entity doing business in this state.

18         (13)  RULES.--The department, in consultation with the

19  applicable board, shall adopt rules necessary to develop and

20  implement the standardized credentials verification program

21  established by this section.

22         Section 2.  The Secretary of Health shall reappoint the

23  task force appointed under section 103 of chapter 97-261, Laws

24  of Florida. The reappointed task force shall develop

25  procedures to expand the standardized credentialing program

26  under section 455.557, Florida Statutes, as created by this

27  act, to include site visits.

28         Section 3.  This act shall take effect July 1, 1999.

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                                                  SENATE AMENDMENT

    Bill No. SB 1940

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to health care practitioners;

 8         creating s. 455.557, F.S.; providing for

 9         standardized credentialing of health care

10         practitioners; providing intent and

11         definitions; providing for a standardized

12         credentials verification program; providing for

13         delegation of credentialing authority by

14         contract; providing for availability of data

15         collected; prohibiting collection of duplicate

16         data; specifying conditions for reliability of

17         data; providing for standards and registration,

18         including a registration fee; preserving health

19         care entities from liability and certain

20         actions for reliance on data provided by a

21         credentials verification entity; providing for

22         practitioner review of data prior to release;

23         providing for validation of credentials;

24         providing liability insurance requirements;

25         providing for rules; providing for

26         reappointment of a task force and providing its

27         purpose; providing an effective date.

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29

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