Senate Bill 1100

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



    Florida Senate - 1999                                  SB 1100

    By Senator Forman





    32-694-99

  1                      A bill to be entitled

  2         An act relating to referrals by health care

  3         providers; amending s. 455.654, F.S.;

  4         redefining the term "health care provider" to

  5         include any business entity that provides

  6         clinical laboratory services for kidney

  7         dialysis or nephrology and that is vertically

  8         integrated with another entity that provides

  9         certain other related services; redefining the

10         term "referral" to remove provisions excluding

11         the orders, recommendations, and plans of care

12         by a nephrologist for renal dialysis services

13         and supplies from services that do not

14         constitute a referral by a health care

15         provider; providing an effective date.

16

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

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19         Section 1.  Paragraphs (g) and (k) or subsection (3) of

20  section 455.654, Florida Statutes, 1998 Supplement, are

21  amended to read:

22         455.654  Financial arrangements between referring

23  health care providers and providers of health care services.--

24         (3)  DEFINITIONS.--For the purpose of this section, the

25  word, phrase, or term:

26         (g)  "Health care provider" means any physician

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

28  chapter 461;, or any health care provider licensed under

29  chapter 463 or chapter 466; or any business entity operating

30  as a provider of clinical laboratory services for kidney

31  dialysis or nephrology which is vertically integrated with

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    Florida Senate - 1999                                  SB 1100
    32-694-99




  1  another business entity that provides related services, except

  2  services licensed under chapter 395.

  3         (k)  "Referral" means any referral of a patient by a

  4  health care provider for health care services, including,

  5  without limitation:

  6         1.  The forwarding of a patient by a health care

  7  provider to another health care provider or to an entity which

  8  provides or supplies designated health services or any other

  9  health care item or service; or

10         2.  The request or establishment of a plan of care by a

11  health care provider, which includes the provision of

12  designated health services or other health care item or

13  service.

14         3.  The following orders, recommendations, or plans of

15  care shall not constitute a referral by a health care

16  provider:

17         a.  By a radiologist for diagnostic-imaging services.

18         b.  By a physician specializing in the provision of

19  radiation therapy services for such services.

20         c.  By a medical oncologist for drugs and solutions to

21  be prepared and administered intravenously to such

22  oncologist's patient, as well as for the supplies and

23  equipment used in connection therewith to treat such patient

24  for cancer and the complications thereof.

25         d.  By a cardiologist for cardiac catheterization

26  services.

27         e.  By a pathologist for diagnostic clinical laboratory

28  tests and pathological examination services, if furnished by

29  or under the supervision of such pathologist pursuant to a

30  consultation requested by another physician.

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    Florida Senate - 1999                                  SB 1100
    32-694-99




  1         f.  By a health care provider who is the sole provider

  2  or member of a group practice for designated health services

  3  or other health care items or services that are prescribed or

  4  provided solely for such referring health care provider's or

  5  group practice's own patients, and that are provided or

  6  performed by or under the direct supervision of such referring

  7  health care provider or group practice.

  8         g.  By a health care provider for services provided by

  9  an ambulatory surgical center licensed under chapter 395.

10         h.  By a health care provider for diagnostic clinical

11  laboratory services where such services are directly related

12  to renal dialysis.

13         i.  By a urologist for lithotripsy services.

14         j.  By a dentist for dental services performed by an

15  employee of or health care provider who is an independent

16  contractor with the dentist or group practice of which the

17  dentist is a member.

18         k.  By a physician for infusion therapy services to a

19  patient of that physician or a member of that physician's

20  group practice.

21         l.  By a nephrologist for renal dialysis services and

22  supplies.

23         Section 2.  This act shall take effect July 1, 1999.

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25            *****************************************

26                          SENATE SUMMARY

27    Revises the Patient Self-Referral Act of 1992. Redefines
      the term "health care provider" to include a business
28    entity that provides clinical laboratory services for
      kidney dialysis or nephrology and that is vertically
29    integrated with another entity that provides related
      services, except services licensed under chapter 395,
30    Florida Statutes. Redefines the term "referral" to allow
      referrals under the act by a nephrologist for renal
31    dialysis services and supplies.

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