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





                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Latvala 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 455.654, Florida Statutes, 1998

18  Supplement, is amended to read:

19         455.654  Financial arrangements between referring

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

21         (1)  SHORT TITLE.--This section may be cited as the

22  "Patient Self-Referral Act of 1992."

23         (2)  LEGISLATIVE INTENT.--It is recognized by the

24  Legislature that the referral of a patient by a health care

25  provider to a provider of health care services in which the

26  referring health care provider has an investment interest

27  represents a potential conflict of interest.  The Legislature

28  finds these referral practices may limit or eliminate

29  competitive alternatives in the health care services market,

30  may result in overutilization of health care services, may

31  increase costs to the health care system, and may adversely

                                  1
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  affect the quality of health care.  The Legislature also

 2  recognizes, however, that it may be appropriate for providers

 3  to own entities providing health care services, and to refer

 4  patients to such entities, as long as certain safeguards are

 5  present in the arrangement.  It is the intent of the

 6  Legislature to provide guidance to health care providers

 7  regarding prohibited patient referrals between health care

 8  providers and entities providing health care services and to

 9  protect the people of Florida from unnecessary and costly

10  health care expenditures.

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

12  word, phrase, or term:

13         (a)  "Board" means any of the following boards relating

14  to the respective professions: the Board of Medicine as

15  created in s. 458.307; the Board of Osteopathic Medicine as

16  created in s. 459.004; the Board of Chiropractic Medicine as

17  created in s. 460.404; the Board of Podiatric Medicine as

18  created in s. 461.004; the Board of Optometry as created in s.

19  463.003; the Board of Pharmacy as created in s. 465.004; and

20  the Board of Dentistry as created in s. 466.004.

21         (b)  "Comprehensive rehabilitation services" means

22  services that are provided by health care professionals

23  licensed under part I or part III of chapter 468 or chapter

24  486 to provide speech, occupational, or physical therapy

25  services on an outpatient or ambulatory basis.

26         (c)  "Designated health services" means, for purposes

27  of this section, clinical laboratory services, physical

28  therapy services, comprehensive rehabilitative services,

29  diagnostic-imaging services, and radiation therapy services.

30         (d)  "Diagnostic imaging services" means magnetic

31  resonance imaging, nuclear medicine, angiography,

                                  2
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  arteriography, computed tomography, positron emission

 2  tomography, digital vascular imaging, bronchography,

 3  lymphangiography, splenography, ultrasound, EEG, EKG, nerve

 4  conduction studies, and evoked potentials.

 5         (e)  "Direct supervision" means supervision by a

 6  physician who is present in the office suite and immediately

 7  available to provide assistance and direction throughout the

 8  time services are being performed.

 9         (f)(d)  "Entity" means any individual, partnership,

10  firm, corporation, or other business entity.

11         (g)(e)  "Fair market value" means value in arms length

12  transactions, consistent with the general market value, and,

13  with respect to rentals or leases, the value of rental

14  property for general commercial purposes, not taking into

15  account its intended use, and, in the case of a lease of

16  space, not adjusted to reflect the additional value the

17  prospective lessee or lessor would attribute to the proximity

18  or convenience to the lessor where the lessor is a potential

19  source of patient referrals to the lessee.

20         (h)(f)  "Group practice" means a group of two or more

21  health care providers legally organized as a partnership,

22  professional corporation, or similar association:

23         1.  In which each health care provider who is a member

24  of the group provides substantially the full range of services

25  which the health care provider routinely provides, including

26  medical care, consultation, diagnosis, or treatment, through

27  the joint use of shared office space, facilities, equipment,

28  and personnel;

29         2.  For which substantially all of the services of the

30  health care providers who are members of the group are

31  provided through the group and are billed in the name of the

                                  3
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  group and amounts so received are treated as receipts of the

 2  group; and

 3         3.  In which the overhead expenses of and the income

 4  from the practice are distributed in accordance with methods

 5  previously determined by members of the group.

 6         (i)(g)  "Health care provider" means any physician

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

 8  chapter 461, or any health care provider licensed under

 9  chapter 463 or chapter 466.

10         (j)(h)  "Immediate family member" means a health care

11  provider's spouse, child, child's spouse, grandchild,

12  grandchild's spouse, parent, parent-in-law, or sibling.

13         (k)(i)  "Investment interest" means an equity or debt

14  security issued by an entity, including, without limitation,

15  shares of stock in a corporation, units or other interests in

16  a partnership, bonds, debentures, notes, or other equity

17  interests or debt instruments. The following investment

18  interests shall be excepted from this definition:

19         1.  An investment interest in an entity that is the

20  sole provider of designated health services in a rural area;

21         2.  An investment interest in notes, bonds, debentures,

22  or other debt instruments issued by an entity which provides

23  designated health services, as an integral part of a plan by

24  such entity to acquire such investor's equity investment

25  interest in the entity, provided that the interest rate is

26  consistent with fair market value, and that the maturity date

27  of the notes, bonds, debentures, or other debt instruments

28  issued by the entity to the investor is not later than October

29  1, 1996.

30         3.  An investment interest in real property resulting

31  in a landlord-tenant relationship between the health care

                                  4
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  provider and the entity in which the equity interest is held,

 2  unless the rent is determined, in whole or in part, by the

 3  business volume or profitability of the tenant or exceeds fair

 4  market value; or

 5         4.  An investment interest in an entity which owns or

 6  leases and operates a hospital licensed under chapter 395 or a

 7  nursing home facility licensed under chapter 400.

 8         (l)(j)  "Investor" means a person or entity owning a

 9  legal or beneficial ownership or investment interest, directly

10  or indirectly, including, without limitation, through an

11  immediate family member, trust, or another entity related to

12  the investor within the meaning of 42 C.F.R... s. 413.17, in

13  an entity.

14         (m)  "Outside referral for diagnostic imaging services"

15  means a referral of a patient to a group practice or sole

16  provider for diagnostic imaging services by a physician who is

17  not a member of the group practice or of the sole provider's

18  practice and who does not have an investment interest in the

19  group practice or sole provider's practice, for which the

20  group practice or sole provider billed for both the technical

21  and the professional fee for the patient, and the patient did

22  not become a patient of the group practice or sole provider's

23  practice.

24         (n)  "Patient of a group practice" or "patient of a

25  sole provider" means a patient who receives a physical

26  examination, evaluation, diagnosis, and development of a

27  treatment plan if medically necessary by a physician who is a

28  member of the group practice or the sole provider's practice.

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

30  health care provider for health care services, including,

31  without limitation:

                                  5
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





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

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

 3  provides or supplies designated health services or any other

 4  health care item or service; or

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

 6  health care provider, which includes the provision of

 7  designated health services or other health care item or

 8  service.

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

10  care shall not constitute a referral by a health care

11  provider:

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

13         b.  By a physician specializing in the provision of

14  radiation therapy services for such services.

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

16  be prepared and administered intravenously to such

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

18  equipment used in connection therewith to treat such patient

19  for cancer and the complications thereof.

20         d.  By a cardiologist for cardiac catheterization

21  services.

22         e.  By a pathologist for diagnostic clinical laboratory

23  tests and pathological examination services, if furnished by

24  or under the supervision of such pathologist pursuant to a

25  consultation requested by another physician.

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

27  or member of a group practice for designated health services

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

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

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

31  performed by or under the direct supervision of such referring

                                  6
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  health care provider or group practice; provided, however,

 2  that effective July 1, 1999, a physician licensed pursuant to

 3  chapter 458, chapter 459, chapter 460, or chapter 461 may

 4  refer a patient to a sole provider or group practice for

 5  diagnostic imaging services, excluding radiation therapy

 6  services, for which the sole provider or group practice billed

 7  both the technical and the professional fee for or on behalf

 8  of the patient, if the referring physician has no investment

 9  interest in the practice. The diagnostic imaging service

10  referred to a group practice or sole provider must be a

11  diagnostic imaging service normally provided within the scope

12  of practice to the patients of the group practice or sole

13  provider. The group practice or sole provider may accept no

14  more that 15 percent of their patients receiving diagnostic

15  imaging services from outside referrals, excluding radiation

16  therapy services.

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

18  an ambulatory surgical center licensed under chapter 395.

19         h.  By a health care provider for diagnostic clinical

20  laboratory services where such services are directly related

21  to renal dialysis.

22         i.  By a urologist for lithotripsy services.

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

24  employee of or health care provider who is an independent

25  contractor with the dentist or group practice of which the

26  dentist is a member.

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

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

29  group practice.

30         l.  By a nephrologist for renal dialysis services and

31  supplies.

                                  7
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1         (p)  "Present in the office suite" means that the

 2  physician is actually physically present; provided, however,

 3  that the health care provider is considered physically present

 4  during brief unexpected absences as well as during routine

 5  absences of a short duration if the absences occur during time

 6  periods in which the health care provider is otherwise

 7  scheduled and ordinarily expected to be present and the

 8  absences do not conflict with any other requirement in the

 9  Medicare program for a particular level of health care

10  provider supervision.

11         (q)(l)  "Rural area" means a county with a population

12  density of no greater than 100 persons per square mile, as

13  defined by the United States Census.

14         (r)  "Sole provider" means one health care provider

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

16  chapter 461, who maintains a separate medical office and a

17  medical practice separate from any other health care provider

18  and who bills for his or her services separately from the

19  services provided by any other health care provider. A sole

20  provider shall not share overhead expenses or professional

21  income with any other person or group practice.

22         (4)  REQUIREMENTS FOR ACCEPTING OUTSIDE REFERRALS FOR

23  DIAGNOSTIC IMAGING.--

24         (a)  A group practice or sole provider accepting

25  outside referrals for diagnostic imaging services is required

26  to comply with the following conditions:

27         1.  Diagnostic imaging services must be provided

28  exclusively by a group practice physician or by a full-time or

29  part-time employee of the group practice or of the sole

30  provider's practice.

31         2.  All equity in the group practice or sole provider's

                                  8
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  practice accepting outside referrals for diagnostic imaging

 2  must be held by the physicians comprising the group practice

 3  or the sole provider's practice, each of which must provide at

 4  least 75 percent of his professional services to the group.

 5  Alternatively, the group must be incorporated under chapter

 6  617, Florida Statutes, and must be exempt under the provisions

 7  of the Internal Revenue Code 501(c)(3) and be part of a

 8  foundation in existence prior to January 1, 1999 that is

 9  created for the purpose of patient care, medical education,

10  and research.

11         3.  A group practice or sole provider may not enter

12  into, extend or renew any contract with a practice management

13  company that provides any financial incentives, directly or

14  indirectly, based on an increase in outside referrals for

15  diagnostic imaging services from any group or sole provider

16  managed by the same practice management company.

17         4.  The group practice or sole provider accepting

18  outside referrals for diagnostic imaging services must bill

19  for both the professional and technical component of the

20  service on behalf of the patient and no portion of the

21  payment, or any type of consideration, either directly or

22  indirectly, may be shared with the referring physician.

23         5.  Group practices or sole providers that have a

24  Medicaid provider agreement with the Agency for Health Care

25  Administration must furnish diagnostic imaging services to

26  their Medicaid patients and may not refer a Medicaid recipient

27  to a hospital for outpatient diagnostic imaging services

28  unless the physician furnishes the hospital with documentation

29  demonstrating the medical necessity for such a referral.

30         6.  All group practices and sole providers accepting

31  outside referrals for diagnostic imaging shall report annually

                                  9
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  to the Agency for Health Care Administration providing the

 2  number of outside referrals accepted for diagnostic imaging

 3  services and the total number of all patients receiving

 4  diagnostic imaging services.

 5         (b)  If a group practice or sole provider accepts an

 6  outside referral for diagnostic imaging services in violation

 7  of this subsection or if a group practice or sole provider

 8  accepts outside referrals for diagnostic imaging services in

 9  excess of the percentage limitation established in

10  subparagraph (a)2. of this subsection, the group practice or

11  the sole provider shall be subject to the penalties in

12  subsection (5).

13         (c)  Each managing physician member of a group practice

14  and each sole provider who accepts outside referrals for

15  diagnostic imaging services shall submit an annual attestation

16  signed under oath to the Agency for Health Care Administration

17  which shall include the annual report required under s.

18  455.654(4)(a)6. and which shall further confirm that each

19  group practice or sole provider is in compliance with the

20  percentage limitations for accepting outside referrals and the

21  requirements for accepting outside referrals listed in s.

22  455.654(4)(a). The agency may verify the report submitted by

23  group practices and sole providers.

24         (5)(4)  PROHIBITED REFERRALS AND CLAIMS FOR

25  PAYMENT.--Except as provided in this section:

26         (a)  A health care provider may not refer a patient for

27  the provision of designated health services to an entity in

28  which the health care provider is an investor or has an

29  investment interest.

30         (b)  A health care provider may not refer a patient for

31  the provision of any other health care item or service to an

                                  10
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  entity in which the health care provider is an investor

 2  unless:

 3         1.  The provider's investment interest is in registered

 4  securities purchased on a national exchange or

 5  over-the-counter market and issued by a publicly held

 6  corporation:

 7         a.  Whose shares are traded on a national exchange or

 8  on the over-the-counter market; and

 9         b.  Whose total assets at the end of the corporation's

10  most recent fiscal quarter exceeded $50 million; or

11         2.  With respect to an entity other than a publicly

12  held corporation described in subparagraph 1., and a referring

13  provider's investment interest in such entity, each of the

14  following requirements are met:

15         a.  No more than 50 percent of the value of the

16  investment interests are held by investors who are in a

17  position to make referrals to the entity.

18         b.  The terms under which an investment interest is

19  offered to an investor who is in a position to make referrals

20  to the entity are no different from the terms offered to

21  investors who are not in a position to make such referrals.

22         c.  The terms under which an investment interest is

23  offered to an investor who is in a position to make referrals

24  to the entity are not related to the previous or expected

25  volume of referrals from that investor to the entity.

26         d.  There is no requirement that an investor make

27  referrals or be in a position to make referrals to the entity

28  as a condition for becoming or remaining an investor.

29         3.  With respect to either such entity or publicly held

30  corporation:

31         a.  The entity or corporation does not loan funds to or

                                  11
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  guarantee a loan for an investor who is in a position to make

 2  referrals to the entity or corporation if the investor uses

 3  any part of such loan to obtain the investment interest.

 4         b.  The amount distributed to an investor representing

 5  a return on the investment interest is directly proportional

 6  to the amount of the capital investment, including the fair

 7  market value of any preoperational services rendered, invested

 8  in the entity or corporation by that investor.

 9         4.  Each board and, in the case of hospitals, the

10  Agency for Health Care Administration, shall encourage the use

11  by licensees of the declaratory statement procedure to

12  determine the applicability of this section or any rule

13  adopted pursuant to this section as it applies solely to the

14  licensee. Boards shall submit to the Agency for Health Care

15  Administration the name of any entity in which a provider

16  investment interest has been approved pursuant to this

17  section, and the Agency for Health Care Administration shall

18  adopt rules providing for periodic quality assurance and

19  utilization review of such entities.

20         (c)  No claim for payment may be presented by an entity

21  to any individual, third-party payor, or other entity for a

22  service furnished pursuant to a referral prohibited under this

23  section.

24         (d)  If an entity collects any amount that was billed

25  in violation of this section, the entity shall refund such

26  amount on a timely basis to the payor or individual, whichever

27  is applicable.

28         (e)  Any person that presents or causes to be presented

29  a bill or a claim for service that such person knows or should

30  know is for a service for which payment may not be made under

31  paragraph (c), or for which a refund has not been made under

                                  12
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  paragraph (d), shall be subject to a civil penalty of not more

 2  than $15,000 for each such service to be imposed and collected

 3  by the appropriate board.

 4         (f)  Any health care provider or other entity that

 5  enters into an arrangement or scheme, such as a cross-referral

 6  arrangement, which the physician or entity knows or should

 7  know has a principal purpose of assuring referrals by the

 8  physician to a particular entity which, if the physician

 9  directly made referrals to such entity, would be in violation

10  of this section, shall be subject to a civil penalty of not

11  more than $100,000 for each such circumvention arrangement or

12  scheme to be imposed and collected by the appropriate board.

13         (g)  A violation of this section by a health care

14  provider shall constitute grounds for disciplinary action to

15  be taken by the applicable board pursuant to s. 458.331(2), s.

16  459.015(2), s. 460.413(2), s. 461.013(2), s. 463.016(2), or s.

17  466.028(2).  Any hospital licensed under chapter 395 found in

18  violation of this section shall be subject to the rules

19  adopted by the Agency for Health Care Administration pursuant

20  to s. 395.0185(2).

21         (h)  Any hospital licensed under chapter 395 that

22  discriminates against or otherwise penalizes a health care

23  provider for compliance with this act.

24         (i)  The provision of paragraph (a) shall not apply to

25  referrals to the offices of radiation therapy centers managed

26  by an entity or subsidiary or general partner thereof, which

27  performed radiation therapy services at those same offices

28  prior to April 1, 1991, and shall not apply also to referrals

29  for radiation therapy to be performed at no more than one

30  additional office of any entity qualifying for the foregoing

31  exception which, prior to February 1, 1992, had a binding

                                  13
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  purchase contract on and a nonrefundable deposit paid for a

 2  linear accelerator to be used at the additional office.  The

 3  physical site of the radiation treatment centers affected by

 4  this provision may be relocated as a result of the following

 5  factors: acts of God; fire; strike; accident; war; eminent

 6  domain actions by any governmental body; or refusal by the

 7  lessor to renew a lease.  A relocation for the foregoing

 8  reasons is limited to relocation of an existing facility to a

 9  replacement location within the county of the existing

10  facility upon written notification to the Office of Licensure

11  and Certification.

12         (j)  A health care provider who meets the requirements

13  of paragraphs (b) and (i) must disclose his or her investment

14  interest to his or her patients as provided in s. 455.701.

15         Section 2.  The agency shall require registration by

16  all group practices providing diagnostic imaging services,

17  regardless of ownership. Registration information must include

18  the medical specialty of each physician; address and phone

19  number of the group; UPIN numbers for the group and each group

20  member; and Medicare, Medicaid, and commercial billing numbers

21  for the group. The agency shall complete the registration by

22  December 31, 1999.

23         Section 3.  Section 4 of chapter 98-192, Laws of

24  Florida, is amended to read:

25         Section 4.  This act shall take effect July 1, 1998.

26  However, if the Agency for Health Care Administration between

27  April 15, 1999 and November 15, 1999 receives written

28  certification from the federal Health Care Financing

29  Administration that the amendments enacted herein to s.

30  395.701, F.S. or s. 395.7015, F.S., violate federal

31  regulations regarding permissible state health care taxes

                                  14
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  which would cause the state to be denied federal Medicaid

 2  funds, then the amendment to the individual section contained

 3  herein and so identified by the Health Care Financing

 4  Administration as violating federal law hereby stands

 5  repealed. Upon receipt of written certification from the

 6  Health Care Financing Administration, the Agency for Health

 7  Care Administration shall forward such certification to the

 8  Secretary of State, the President of the Senate and the

 9  Speaker of the House of Representatives with a letter

10  identifying the section or sections which stand repealed

11  consistent with this section. The Secretary of State shall

12  delete the amendment to the section so identified in the

13  official records of the Florida Statutes consistent with this

14  section. The effective date of the repeal of the section

15  contained in the federal certification shall be the date that

16  the notice is received by the Secretary of State., except that

17  the amendment of sections 395.701 and 395.7015, Florida

18  Statutes, by this act shall take effect only upon the Agency

19  for Health Care Administration receiving written confirmation

20  from the federal Health Care Financing Administration that the

21  changes contained in such amendments will not adversely affect

22  the use of the remaining assessments as state match for the

23  state's Medicaid program.

24         Section 4.  The Agency for Health Care Administration,

25  in conjunction with other agencies as appropriate shall

26  conduct a detailed study and analysis of clinical laboratory

27  services for kidney dialysis patients in the State of Florida.

28  The study shall include, but not be limited to, an analysis of

29  the past and present utilization rates of clinical laboratory

30  services for dialysis patients; financial arrangements among

31  kidney dialysis centers, their medical directors, any business

                                  15
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  relationships and affiliations with clinical laboratories and

 2  any self-referral to clinical laboratories; the quality and

 3  responsiveness of clinical laboratory services for dialysis

 4  patients in Florida; and the average annual revenue for

 5  dialysis patients for clinical laboratory services for the

 6  past 10 years. The agency shall report its findings to the

 7  Legislature by February 1, 2000.

 8         Section 5.  Each provider of diagnostic cardiac

 9  catheterization services shall comply with the requirements of

10  section 408.036(3)(n)2.a.-d., Florida Statutes, and rules of

11  the Agency for Health Care Administration governing the

12  operation of adult inpatient diagnostic cardiac

13  catheterization programs, including the most recent guidelines

14  of the American College of Cardiology and American Heart

15  Association Guidelines for Cardiac Catheterization and Cardiac

16  Catheterization Laboratories.

17         Section 6.  Subsections (6) and (7) of section 155.40,

18  Florida Statutes, are added to said section, to read:

19         155.40  Sale or lease of county, district, or municipal

20  hospital.--

21         (6)  Unless otherwise expressly stated in the lease

22  documents, the transaction involving the sale or lease of a

23  hospital shall not be construed as:

24         (a)  a transfer of a governmental function from the

25  county, district, or municipality to the private purchaser or

26  lessee;

27         (b)  constituting a financial interest of the public

28  lessor in the private lessee; or

29         (c)  making a private lessee an integral part of the

30  public lessor's decision-making process.

31         (7)  The lessee of a hospital, pursuant to this section

                                  16
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  or any special act of the legislature, operating under a lease

 2  shall not be construed to be "acting on behalf of" the lessor

 3  as that term is used in statute, unless the lease document

 4  expressly provides to the contrary.

 5         Section 7.  Subsection (3) is added to section 455.651,

 6  Florida Statutes, 1998 Supplement, to read:

 7         455.651  Disclosure of confidential information.--

 8         (3)  Any person injured as a result of a violation of

 9  this section shall have a civil cause of action for treble

10  damages, reasonable attorney's fees, and costs.

11         Section 8.  Subsections (4) and (7) of section 409.910,

12  Florida Statutes, 1998 Supplement, are amended to read:

13         409.910  Responsibility for payments on behalf of

14  Medicaid-eligible persons when other parties are liable.--

15         (4)  After the department has provided medical

16  assistance under the Medicaid program, it shall seek recovery

17  of reimbursement from third-party benefits to the limit of

18  legal liability and for the full amount of third-party

19  benefits, but not in excess of the amount of medical

20  assistance paid by Medicaid, as to:

21         (a)  Claims for which the department has a waiver

22  pursuant to federal law; or

23         (b)  Situations in which the department learns of the

24  existence of a liable third party or in which third-party

25  benefits are discovered or become available after medical

26  assistance has been provided by Medicaid. Nothing in this

27  subsection shall limit the authority of the state or any

28  agency thereof to bring or maintain actions seeking recoveries

29  in excess of the amount paid as Medicaid benefits under

30  alternative theories of liability in conjunction with an

31  action filed pursuant to this section.

                                  17
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1         (7)  The department shall recover the full amount of

 2  all medical assistance provided by Medicaid on behalf of the

 3  recipient to the full extent of third-party benefits.

 4         (a)  Recovery of such benefits shall be collected

 5  directly from:

 6         1.  Any third party;

 7         2.  The recipient or legal representative, if he or she

 8  has received third-party benefits;

 9         3.  The provider of a recipient's medical services if

10  third-party benefits have been recovered by the provider;

11  notwithstanding any provision of this section, to the

12  contrary, however, no provider shall be required to refund or

13  pay to the department any amount in excess of the actual

14  third-party benefits received by the provider from a

15  third-party payor for medical services provided to the

16  recipient; or

17         4.  Any person who has received the third-party

18  benefits.

19         (b)  Upon receipt of any recovery or other collection

20  pursuant to this section, the department shall distribute the

21  amount collected as follows:

22         1.  To itself, an amount equal to the state Medicaid

23  expenditures for the recipient plus any incentive payment made

24  in accordance with paragraph (14)(a).

25         2.  To the Federal Government, the federal share of the

26  state Medicaid expenditures minus any incentive payment made

27  in accordance with paragraph (14)(a) and federal law, and

28  minus any other amount permitted by federal law to be

29  deducted.

30         3.  To the recipient, after deducting any known amounts

31  owed to the department for any related medical assistance or

                                  18
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1  to health care providers, any remaining amount. This amount

 2  shall be treated as income or resources in determining

 3  eligibility for Medicaid.

 4

 5  The provisions of this subsection do not apply to any proceeds

 6  received by the state, or any agency thereof, pursuant to a

 7  final order, judgment, or settlement agreement, in any matter

 8  in which the state asserts claims brought on its own behalf,

 9  and not as a subrogee of a recipient, or under other theories

10  of liability. The provisions of this subsection do not apply

11  to any proceeds received by the state, or an agency thereof,

12  pursuant to a final order, judgment, or settlement agreement,

13  in any matter in which the state asserted both claims as a

14  subrogee and additional claims, except as to those sums

15  specifically identified in the final order, judgment, or

16  settlement agreement as reimbursements to the recipient as

17  expenditures for the named recipient on the subrogation claim.

18         Section 9.  The amendments to section 409.910, Florida

19  Statutes, 1998 Supplement, made by this act are intended to

20  clarify existing law and are remedial in nature.  As such,

21  they are specifically made retroactive to October 1, 1990, and

22  shall apply to all causes of action arising on or after

23  October 1, 1990.

24         Section 10.  This act shall take effect July 1, 1999.

25

26

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

28  And the title is amended as follows:

29         Delete everything before the enacting clause

30

31  and insert:

                                  19
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1                      A bill to be entitled

 2         An act relating to health care; amending s.

 3         455.654, F.S.; providing definitions; providing

 4         requirements for accepting outside referrals

 5         for diagnostic imaging; providing for

 6         disciplinary procedures against a group

 7         practice or sole provider that accepts an

 8         outside referral for diagnostic imaging

 9         services in violation of such requirements;

10         requiring the Agency for Health Care

11         Administration to study issues relating to

12         quality care in providing diagnostic imaging

13         services; requiring the agency to convene a

14         technical advisory panel; providing for

15         registration of all group practices;

16         prescribing registration information; providing

17         for the technical advisory panel to submit

18         recommendations for agency rules; requiring the

19         agency to adopt rules; providing a date for the

20         adoption and publication of rules; authorizing

21         group practices and sole providers to accept a

22         prescribed percentage of their patients from

23         outside referrals; requiring the Agency for

24         Health Care Administration in conjunction with

25         the Medicaid Fraud Unit of the Office of the

26         Attorney General to study certain specified

27         business activities and arrangements of

28         providers of clinical laboratory services for

29         kidney dialysis; requiring a report; amending

30         s. 4, ch. 98-192, Laws of Florida; eliminating

31         requirement that the agency receive written

                                  20
    3:03 PM   04/27/99                                h2231c-19r5a




                                                  SENATE AMENDMENT

    Bill No. HB 2231, 1st Eng.

    Amendment No.    





 1         confirmation from the federal Health Care

 2         Financing Administration that amendments to ss.

 3         395.701 and 395.7015, F.S., will not adversely

 4         affect assessments or state match for the

 5         state's Medicaid program; providing duties for

 6         the agency and the Secretary of State;

 7         providing for a study and analysis of services

 8         for kidney dialysis patients; requiring

 9         providers of diagnostic cardiac catheterization

10         services to comply with certain laws and rules

11         adopted by the Agency for Health Care

12         Administration; amending s. 155.40, F.S.;

13         providing construction with respect to a

14         transaction involving the sale or lease of a

15         public hospital; providing construction with

16         respect to specified hospital lessees; amending

17         s. 455.651, F.S.; providing for a cause of

18         action, damages, attorney's fees, and

19         costs;amending s. 409.910, F.S.; clarifying

20         that the state may recover and retain damages

21         in excess of Medicaid payments made under

22         certain circumstances; providing for

23         retroactive application;  providing an

24         effective date.

25

26

27

28

29

30

31

                                  21
    3:03 PM   04/27/99                                h2231c-19r5a