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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 63, line 30, through page 64, line 8, delete

15  those lines

16

17  and insert:

18         Section 41.  Present subsection (3) of section 440.02,

19  Florida Statutes, is redesignated as subsection (4), a new

20  subsection (3) is added to that section and subsequent

21  subsections are redesignated, and subsections (11) and (13)

22  are amended to read:

23         440.02  Definitions.--When used in this chapter, unless

24  the context clearly requires otherwise, the following terms

25  shall have the following meanings:

26         (3)  "Agency" means the Agency for Health Care

27  Administration.

28         (11)  "Department" means the Department of Insurance

29  Labor and Employment Security.

30         (13)  "Division" means the Division of Workers'

31  Compensation of the Department of Insurance Labor and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  Employment Security.

 2         Section 42.  Subsections (3), (4), (5), (6), (7), (8),

 3  (9), (11), (12), and (13) of section 440.13, Florida Statutes,

 4  are amended to read:

 5         440.13  Medical services and supplies; penalty for

 6  violations; limitations.--

 7         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--

 8         (a)  As a condition to eligibility for payment under

 9  this chapter, a health care provider who renders services must

10  be a certified health care provider and must receive

11  authorization from the carrier before providing treatment.

12  This paragraph does not apply to emergency care. The agency

13  division shall adopt rules to implement the certification of

14  health care providers. As a one-time prerequisite to obtaining

15  certification, the agency division shall require each

16  physician to demonstrate proof of completion of a minimum

17  5-hour course that covers the subject areas of cost

18  containment, utilization control, ergonomics, and the practice

19  parameters adopted by the agency division governing the

20  physician's field of practice. The agency division shall

21  coordinate with the Agency for Health Care Administration, the

22  Florida Medical Association, the Florida Osteopathic Medical

23  Association, the Florida Chiropractic Association, the Florida

24  Podiatric Medical Association, the Florida Optometric

25  Association, the Florida Dental Association, and other health

26  professional organizations and their respective boards as

27  deemed necessary by the agency Agency for Health Care

28  Administration in complying with this subsection. No later

29  than October 1, 1994, the agency division shall adopt rules

30  regarding the criteria and procedures for approval of courses

31  and the filing of proof of completion by the physicians.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1         (b)  A health care provider who renders emergency care

 2  must notify the carrier by the close of the third business day

 3  after it has rendered such care. If the emergency care results

 4  in admission of the employee to a health care facility, the

 5  health care provider must notify the carrier by telephone

 6  within 24 hours after initial treatment. Emergency care is not

 7  compensable under this chapter unless the injury requiring

 8  emergency care arose as a result of a work-related accident.

 9  Pursuant to chapter 395, all licensed physicians and health

10  care providers in this state shall be required to make their

11  services available for emergency treatment of any employee

12  eligible for workers' compensation benefits. To refuse to make

13  such treatment available is cause for revocation of a license.

14         (c)  A health care provider may not refer the employee

15  to another health care provider, diagnostic facility, therapy

16  center, or other facility without prior authorization from the

17  carrier, except when emergency care is rendered. Any referral

18  must be to a health care provider that has been certified by

19  the agency division, unless the referral is for emergency

20  treatment.

21         (d)  A carrier must respond, by telephone or in

22  writing, to a request for authorization by the close of the

23  third business day after receipt of the request. A carrier who

24  fails to respond to a written request for authorization for

25  referral for medical treatment by the close of the third

26  business day after receipt of the request consents to the

27  medical necessity for such treatment. All such requests must

28  be made to the carrier. Notice to the carrier does not include

29  notice to the employer.

30         (e)  Carriers shall adopt procedures for receiving,

31  reviewing, documenting, and responding to requests for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  authorization. Such procedures shall be for a health care

 2  provider certified under this section.

 3         (f)  By accepting payment under this chapter for

 4  treatment rendered to an injured employee, a health care

 5  provider consents to the jurisdiction of the agency division

 6  as set forth in subsection (11) and to the submission of all

 7  records and other information concerning such treatment to the

 8  agency division in connection with a reimbursement dispute,

 9  audit, or review as provided by this section. The health care

10  provider must further agree to comply with any decision of the

11  agency division rendered under this section.

12         (g)  The employee is not liable for payment for medical

13  treatment or services provided pursuant to this section except

14  as otherwise provided in this section.

15         (h)  The provisions of s. 455.654 are applicable to

16  referrals among health care providers, as defined in

17  subsection (1), treating injured workers.

18         (i)  Notwithstanding paragraph (d), a claim for

19  specialist consultations, surgical operations,

20  physiotherapeutic or occupational therapy procedures, X-ray

21  examinations, or special diagnostic laboratory tests that cost

22  more than $1,000 and other specialty services that the agency

23  division identifies by rule is not valid and reimbursable

24  unless the services have been expressly authorized by the

25  carrier, or unless the carrier has failed to respond within 10

26  days to a written request for authorization, or unless

27  emergency care is required. The insurer shall not refuse to

28  authorize such consultation or procedure unless the health

29  care provider or facility is not authorized or certified or

30  unless an expert medical advisor has determined that the

31  consultation or procedure is not medically necessary or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  otherwise compensable under this chapter. Authorization of a

 2  treatment plan does not constitute express authorization for

 3  purposes of this section, except to the extent the carrier

 4  provides otherwise in its authorization procedures. This

 5  paragraph does not limit the carrier's obligation to identify

 6  and disallow overutilization or billing errors.

 7         (j)  Notwithstanding anything in this chapter to the

 8  contrary, a sick or injured employee shall be entitled, at all

 9  times, to free, full, and absolute choice in the selection of

10  the pharmacy or pharmacist dispensing and filling

11  prescriptions for medicines required under this chapter. It is

12  expressly forbidden for the agency division, an employer, or a

13  carrier, or any agent or representative of the agency

14  division, an employer, or a carrier to select the pharmacy or

15  pharmacist which the sick or injured employee must use;

16  condition coverage or payment on the basis of the pharmacy or

17  pharmacist utilized; or to otherwise interfere in the

18  selection by the sick or injured employee of a pharmacy or

19  pharmacist.

20         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH AGENCY

21  DIVISION.--

22         (a)  Any health care provider providing necessary

23  remedial treatment, care, or attendance to any injured worker

24  shall submit treatment reports to the carrier in a format

25  prescribed by the agency division. A claim for medical or

26  surgical treatment is not valid or enforceable against such

27  employer or employee, unless, by the close of the third

28  business day following the first treatment, the physician

29  providing the treatment furnishes to the employer or carrier a

30  preliminary notice of the injury and treatment on forms

31  prescribed by the agency division and, within 15 days

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  thereafter, furnishes to the employer or carrier a complete

 2  report, and subsequent thereto furnishes progress reports, if

 3  requested by the employer or insurance carrier, at intervals

 4  of not less than 3 weeks apart or at less frequent intervals

 5  if requested on forms prescribed by the agency division.

 6         (b)  Each medical report or bill obtained or received

 7  by the employer, the carrier, or the injured employee, or the

 8  attorney for the employer, carrier, or injured employee, with

 9  respect to the remedial treatment or care of the injured

10  employee, including any report of an examination, diagnosis,

11  or disability evaluation, must be filed with the Agency for

12  Health Care Administration Division of Workers' Compensation

13  pursuant to rules adopted by the agency division. The health

14  care provider shall also furnish to the injured employee or to

15  his or her attorney, on demand, a copy of his or her office

16  chart, records, and reports, and may charge the injured

17  employee an amount authorized by the agency division for the

18  copies. Each such health care provider shall provide to the

19  agency division any additional information about the remedial

20  treatment, care, and attendance that the agency division

21  reasonably requests.

22         (c)  It is the policy for the administration of the

23  workers' compensation system that there be reasonable access

24  to medical information by all parties to facilitate the

25  self-executing features of the law. Notwithstanding the

26  limitations in s. 455.667 and subject to the limitations in s.

27  381.004, upon the request of the employer, the carrier, or the

28  attorney for either of them, the medical records of an injured

29  employee must be furnished to those persons and the medical

30  condition of the injured employee must be discussed with those

31  persons, if the records and the discussions are restricted to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  conditions relating to the workplace injury. Any such

 2  discussions may be held before or after the filing of a claim

 3  without the knowledge, consent, or presence of any other party

 4  or his or her agent or representative. A health care provider

 5  who willfully refuses to provide medical records or to discuss

 6  the medical condition of the injured employee, after a

 7  reasonable request is made for such information pursuant to

 8  this subsection, shall be subject by the agency division to

 9  one or more of the penalties set forth in paragraph (8)(b).

10         (5)  INDEPENDENT MEDICAL EXAMINATIONS.--

11         (a)  In any dispute concerning overutilization, medical

12  benefits, compensability, or disability under this chapter,

13  the carrier or the employee may select an independent medical

14  examiner. The examiner may be a health care provider treating

15  or providing other care to the employee. An independent

16  medical examiner may not render an opinion outside his or her

17  area of expertise, as demonstrated by licensure and applicable

18  practice parameters.

19         (b)  Each party is bound by his or her selection of an

20  independent medical examiner and is entitled to an alternate

21  examiner only if:

22         1.  The examiner is not qualified to render an opinion

23  upon an aspect of the employee's illness or injury which is

24  material to the claim or petition for benefits;

25         2.  The examiner ceases to practice in the specialty

26  relevant to the employee's condition;

27         3.  The examiner is unavailable due to injury, death,

28  or relocation outside a reasonably accessible geographic area;

29  or

30         4.  The parties agree to an alternate examiner.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  Any party may request, or a judge of compensation claims may

 2  require, designation of an agency a division medical advisor

 3  as an independent medical examiner. The opinion of the

 4  advisors acting as examiners shall not be afforded the

 5  presumption set forth in paragraph (9)(c).

 6         (c)  The carrier may, at its election, contact the

 7  claimant directly to schedule a reasonable time for an

 8  independent medical examination. The carrier must confirm the

 9  scheduling agreement in writing within 5 days and notify

10  claimant's counsel, if any, at least 7 days before the date

11  upon which the independent medical examination is scheduled to

12  occur. An attorney representing a claimant is not authorized

13  to schedule independent medical evaluations under this

14  subsection.

15         (d)  If the employee fails to appear for the

16  independent medical examination without good cause and fails

17  to advise the physician at least 24 hours before the scheduled

18  date for the examination that he or she cannot appear, the

19  employee is barred from recovering compensation for any period

20  during which he or she has refused to submit to such

21  examination. Further, the employee shall reimburse the carrier

22  50 percent of the physician's cancellation or no-show fee

23  unless the carrier that schedules the examination fails to

24  timely provide to the employee a written confirmation of the

25  date of the examination pursuant to paragraph (c) which

26  includes an explanation of why he or she failed to appear. The

27  employee may appeal to a judge of compensation claims for

28  reimbursement when the carrier withholds payment in excess of

29  the authority granted by this section.

30         (e)  No medical opinion other than the opinion of a

31  medical advisor appointed by the judge of compensation claims

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  or agency division, an independent medical examiner, or an

 2  authorized treating provider is admissible in proceedings

 3  before the judges of compensation claims.

 4         (f)  Attorney's fees incurred by an injured employee in

 5  connection with delay of or opposition to an independent

 6  medical examination, including, but not limited to, motions

 7  for protective orders, are not recoverable under this chapter.

 8         (6)  UTILIZATION REVIEW.--Carriers shall review all

 9  bills, invoices, and other claims for payment submitted by

10  health care providers in order to identify overutilization and

11  billing errors, and may hire peer review consultants or

12  conduct independent medical evaluations. Such consultants,

13  including peer review organizations, are immune from liability

14  in the execution of their functions under this subsection to

15  the extent provided in s. 766.101. If a carrier finds that

16  overutilization of medical services or a billing error has

17  occurred, it must disallow or adjust payment for such services

18  or error without order of a judge of compensation claims or

19  the agency division, if the carrier, in making its

20  determination, has complied with this section and rules

21  adopted by the agency division.

22         (7)  UTILIZATION AND REIMBURSEMENT DISPUTES.--

23         (a)  Any health care provider, carrier, or employer who

24  elects to contest the disallowance or adjustment of payment by

25  a carrier under subsection (6) must, within 30 days after

26  receipt of notice of disallowance or adjustment of payment,

27  petition the agency division to resolve the dispute. The

28  petitioner must serve a copy of the petition on the carrier

29  and on all affected parties by certified mail. The petition

30  must be accompanied by all documents and records that support

31  the allegations contained in the petition. Failure of a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  petitioner to submit such documentation to the agency division

 2  results in dismissal of the petition.

 3         (b)  The carrier must submit to the agency division

 4  within 10 days after receipt of the petition all documentation

 5  substantiating the carrier's disallowance or adjustment.

 6  Failure of the carrier to submit the requested documentation

 7  to the agency division within 10 days constitutes a waiver of

 8  all objections to the petition.

 9         (c)  Within 60 days after receipt of all documentation,

10  the agency division must provide to the petitioner, the

11  carrier, and the affected parties a written determination of

12  whether the carrier properly adjusted or disallowed payment.

13  The agency division must be guided by standards and policies

14  set forth in this chapter, including all applicable

15  reimbursement schedules, in rendering its determination.

16         (d)  If the agency division finds an improper

17  disallowance or improper adjustment of payment by an insurer,

18  the insurer shall reimburse the health care provider,

19  facility, insurer, or employer within 30 days, subject to the

20  penalties provided in this subsection.

21         (e)  The agency division shall adopt rules to carry out

22  this subsection. The rules may include provisions for

23  consolidating petitions filed by a petitioner and expanding

24  the timetable for rendering a determination upon a

25  consolidated petition.

26         (f)  Any carrier that engages in a pattern or practice

27  of arbitrarily or unreasonably disallowing or reducing

28  payments to health care providers may be subject to one or

29  more of the following penalties imposed by the agency

30  division:

31         1.  Repayment of the appropriate amount to the health

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  care provider.

 2         2.  An administrative fine assessed by the agency

 3  division in an amount not to exceed $5,000 per instance of

 4  improperly disallowing or reducing payments.

 5         3.  Award of the health care provider's costs,

 6  including a reasonable attorney's fee, for prosecuting the

 7  petition.

 8         (8)  PATTERN OR PRACTICE OF OVERUTILIZATION.--

 9         (a)  Carriers must report to the agency division all

10  instances of overutilization including, but not limited to,

11  all instances in which the carrier disallows or adjusts

12  payment. The agency division shall determine whether a pattern

13  or practice of overutilization exists.

14         (b)  If the agency division determines that a health

15  care provider has engaged in a pattern or practice of

16  overutilization or a violation of this chapter or rules

17  adopted by the agency division, it may impose one or more of

18  the following penalties:

19         1.  An order of the agency division barring the

20  provider from payment under this chapter;

21         2.  Deauthorization of care under review;

22         3.  Denial of payment for care rendered in the future;

23         4.  Decertification of a health care provider certified

24  as an expert medical advisor under subsection (9) or of a

25  rehabilitation provider certified under s. 440.49;

26         5.  An administrative fine assessed by the agency

27  division in an amount not to exceed $5,000 per instance of

28  overutilization or violation; and

29         6.  Notification of and review by the appropriate

30  licensing authority pursuant to s. 440.106(3).

31         (9)  EXPERT MEDICAL ADVISORS.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1         (a)  The agency division shall certify expert medical

 2  advisors in each specialty to assist the agency division and

 3  the judges of compensation claims within the advisor's area of

 4  expertise as provided in this section. The agency division

 5  shall, in a manner prescribed by rule, in certifying,

 6  recertifying, or decertifying an expert medical advisor,

 7  consider the qualifications, training, impartiality, and

 8  commitment of the health care provider to the provision of

 9  quality medical care at a reasonable cost. As a prerequisite

10  for certification or recertification, the agency division

11  shall require, at a minimum, that an expert medical advisor

12  have specialized workers' compensation training or experience

13  under the workers' compensation system of this state and board

14  certification or board eligibility.

15         (b)  The agency division shall contract with or employ

16  expert medical advisors to provide peer review or medical

17  consultation to the agency division or to a judge of

18  compensation claims in connection with resolving disputes

19  relating to reimbursement, differing opinions of health care

20  providers, and health care and physician services rendered

21  under this chapter. Expert medical advisors contracting with

22  the agency division shall, as a term of such contract, agree

23  to provide consultation or services in accordance with the

24  timetables set forth in this chapter and to abide by rules

25  adopted by the agency division, including, but not limited to,

26  rules pertaining to procedures for review of the services

27  rendered by health care providers and preparation of reports

28  and recommendations for submission to the agency division.

29         (c)  If there is disagreement in the opinions of the

30  health care providers, if two health care providers disagree

31  on medical evidence supporting the employee's complaints or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  the need for additional medical treatment, or if two health

 2  care providers disagree that the employee is able to return to

 3  work, the agency division may, and the judge of compensation

 4  claims shall, upon his or her own motion or within 15 days

 5  after receipt of a written request by either the injured

 6  employee, the employer, or the carrier, order the injured

 7  employee to be evaluated by an expert medical advisor. The

 8  opinion of the expert medical advisor is presumed to be

 9  correct unless there is clear and convincing evidence to the

10  contrary as determined by the judge of compensation claims.

11  The expert medical advisor appointed to conduct the evaluation

12  shall have free and complete access to the medical records of

13  the employee. An employee who fails to report to and cooperate

14  with such evaluation forfeits entitlement to compensation

15  during the period of failure to report or cooperate.

16         (d)  The expert medical advisor must complete his or

17  her evaluation and issue his or her report to the agency

18  division or to the judge of compensation claims within 45 days

19  after receipt of all medical records. The expert medical

20  advisor must furnish a copy of the report to the carrier and

21  to the employee.

22         (e)  An expert medical advisor is not liable under any

23  theory of recovery for evaluations performed under this

24  section without a showing of fraud or malice. The protections

25  of s. 766.101 apply to any officer, employee, or agent of the

26  agency division and to any officer, employee, or agent of any

27  entity with which the agency division has contracted under

28  this subsection.

29         (f)  If the agency division or a judge of compensation

30  claims determines that the services of a certified expert

31  medical advisor are required to resolve a dispute under this

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  section, the carrier must compensate the advisor for his or

 2  her time in accordance with a schedule adopted by the agency

 3  division. The agency division may assess a penalty not to

 4  exceed $500 against any carrier that fails to timely

 5  compensate an advisor in accordance with this section.

 6         (11)  AUDITS BY AGENCY DIVISION; JURISDICTION.--

 7         (a)  The Agency for Health Care Administration Division

 8  of Workers' Compensation of the Department of Labor and

 9  Employment Security may investigate health care providers to

10  determine whether providers are complying with this chapter

11  and with rules adopted by the agency division, whether the

12  providers are engaging in overutilization, and whether

13  providers are engaging in improper billing practices. If the

14  agency division finds that a health care provider has

15  improperly billed, overutilized, or failed to comply with

16  agency division rules or the requirements of this chapter it

17  must notify the provider of its findings and may determine

18  that the health care provider may not receive payment from the

19  carrier or may impose penalties as set forth in subsection (8)

20  or other sections of this chapter. If the health care provider

21  has received payment from a carrier for services that were

22  improperly billed or for overutilization, it must return those

23  payments to the carrier. The agency division may assess a

24  penalty not to exceed $500 for each overpayment that is not

25  refunded within 30 days after notification of overpayment by

26  the agency division or carrier.

27         (b)  The agency division shall monitor and audit

28  carriers to determine if medical bills are paid in accordance

29  with this section and agency division rules. Any employer, if

30  self-insured, or carrier found by the agency division not to

31  be within 90 percent compliance as to the payment of medical

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  bills after July 1, 1994, must be assessed a fine not to

 2  exceed 1 percent of the prior year's assessment levied against

 3  such entity under s. 440.51 for every quarter in which the

 4  entity fails to attain 90-percent compliance. The agency

 5  division shall fine an employer or carrier, pursuant to rules

 6  adopted by the agency division, for each late payment of

 7  compensation that is below the minimum 90-percent performance

 8  standard. Any carrier that is found to be not in compliance in

 9  subsequent consecutive quarters must implement a medical-bill

10  review program approved by the agency division, and the

11  carrier is subject to disciplinary action by the Department of

12  Insurance.

13         (c)  The agency division has exclusive jurisdiction to

14  decide any matters concerning reimbursement, to resolve any

15  overutilization dispute under subsection (7), and to decide

16  any question concerning overutilization under subsection (8),

17  which question or dispute arises after January 1, 1994.

18         (d)  The following division actions do not constitute

19  agency action subject to review under ss. 120.569 and 120.57

20  and do not constitute actions subject to s. 120.56: referral

21  by the entity responsible for utilization review; a decision

22  by the agency division to refer a matter to a peer review

23  committee; establishment by a health care provider or entity

24  of procedures by which a peer review committee reviews the

25  rendering of health care services; and the review proceedings,

26  report, and recommendation of the peer review committee.

27         (12)  CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM

28  REIMBURSEMENT ALLOWANCES.--

29         (a)  A three-member panel is created, consisting of the

30  Insurance Commissioner, or the Insurance Commissioner's

31  designee, and two members to be appointed by the Governor,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  subject to confirmation by the Senate, one member who, on

 2  account of present or previous vocation, employment, or

 3  affiliation, shall be classified as a representative of

 4  employers, the other member who, on account of previous

 5  vocation, employment, or affiliation, shall be classified as a

 6  representative of employees. The panel shall determine

 7  statewide schedules of maximum reimbursement allowances for

 8  medically necessary treatment, care, and attendance provided

 9  by physicians, hospitals, ambulatory surgical centers,

10  work-hardening programs, pain programs, and durable medical

11  equipment. The maximum reimbursement allowances for inpatient

12  hospital care shall be based on a schedule of per diem rates,

13  to be approved by the three-member panel no later than March

14  1, 1994, to be used in conjunction with a precertification

15  manual as determined by the agency division. All compensable

16  charges for hospital outpatient care shall be reimbursed at 75

17  percent of usual and customary charges. Until the three-member

18  panel approves a schedule of per diem rates for inpatient

19  hospital care and it becomes effective, all compensable

20  charges for hospital inpatient care must be reimbursed at 75

21  percent of their usual and customary charges. Annually, the

22  three-member panel shall adopt schedules of maximum

23  reimbursement allowances for physicians, hospital inpatient

24  care, hospital outpatient care, ambulatory surgical centers,

25  work-hardening programs, and pain programs. However, the

26  maximum percentage of increase in the individual reimbursement

27  allowance may not exceed the percentage of increase in the

28  Consumer Price Index for the previous year. An individual

29  physician, hospital, ambulatory surgical center, pain program,

30  or work-hardening program shall be reimbursed either the usual

31  and customary charge for treatment, care, and attendance, the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  agreed-upon contract price, or the maximum reimbursement

 2  allowance in the appropriate schedule, whichever is less.

 3         (b)  As to reimbursement for a prescription medication,

 4  the reimbursement amount for a prescription shall be the

 5  average wholesale price times 1.2 plus $4.18 for the

 6  dispensing fee, except where the carrier has contracted for a

 7  lower amount. Fees for pharmaceuticals and pharmaceutical

 8  services shall be reimbursable at the applicable fee schedule

 9  amount. Where the employer or carrier has contracted for such

10  services and the employee elects to obtain them through a

11  provider not a party to the contract, the carrier shall

12  reimburse at the schedule, negotiated, or contract price,

13  whichever is lower.

14         (c)  Reimbursement for all fees and other charges for

15  such treatment, care, and attendance, including treatment,

16  care, and attendance provided by any hospital or other health

17  care provider, ambulatory surgical center, work-hardening

18  program, or pain program, must not exceed the amounts provided

19  by the uniform schedule of maximum reimbursement allowances as

20  determined by the panel or as otherwise provided in this

21  section. This subsection also applies to independent medical

22  examinations performed by health care providers under this

23  chapter. Until the three-member panel approves a uniform

24  schedule of maximum reimbursement allowances and it becomes

25  effective, all compensable charges for treatment, care, and

26  attendance provided by physicians, ambulatory surgical

27  centers, work-hardening programs, or pain programs shall be

28  reimbursed at the lowest maximum reimbursement allowance

29  across all 1992 schedules of maximum reimbursement allowances

30  for the services provided regardless of the place of service.

31  In determining the uniform schedule, the panel shall first

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  approve the data which it finds representative of prevailing

 2  charges in the state for similar treatment, care, and

 3  attendance of injured persons. Each health care provider,

 4  health care facility, ambulatory surgical center,

 5  work-hardening program, or pain program receiving workers'

 6  compensation payments shall maintain records verifying their

 7  usual charges. In establishing the uniform schedule of maximum

 8  reimbursement allowances, the panel must consider:

 9         1.  The levels of reimbursement for similar treatment,

10  care, and attendance made by other health care programs or

11  third-party providers;

12         2.  The impact upon cost to employers for providing a

13  level of reimbursement for treatment, care, and attendance

14  which will ensure the availability of treatment, care, and

15  attendance required by injured workers;

16         3.  The financial impact of the reimbursement

17  allowances upon health care providers and health care

18  facilities, including trauma centers as defined in s. 395.401,

19  and its effect upon their ability to make available to injured

20  workers such medically necessary remedial treatment, care, and

21  attendance. The uniform schedule of maximum reimbursement

22  allowances must be reasonable, must promote health care cost

23  containment and efficiency with respect to the workers'

24  compensation health care delivery system, and must be

25  sufficient to ensure availability of such medically necessary

26  remedial treatment, care, and attendance to injured workers;

27  and

28         4.  The most recent average maximum allowable rate of

29  increase for hospitals determined by the Health Care Board

30  under chapter 408.

31         (13)  REMOVAL OF PHYSICIANS FROM LISTS OF THOSE

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  AUTHORIZED TO RENDER MEDICAL CARE.--The agency division shall

 2  remove from the list of physicians or facilities authorized to

 3  provide remedial treatment, care, and attendance under this

 4  chapter the name of any physician or facility found after

 5  reasonable investigation to have:

 6         (a)  Engaged in professional or other misconduct or

 7  incompetency in connection with medical services rendered

 8  under this chapter;

 9         (b)  Exceeded the limits of his or her or its

10  professional competence in rendering medical care under this

11  chapter, or to have made materially false statements regarding

12  his or her or its qualifications in his or her application;

13         (c)  Failed to transmit copies of medical reports to

14  the employer or carrier, or failed to submit full and truthful

15  medical reports of all his or her or its findings to the

16  employer or carrier as required under this chapter;

17         (d)  Solicited, or employed another to solicit for

18  himself or herself or itself or for another, professional

19  treatment, examination, or care of an injured employee in

20  connection with any claim under this chapter;

21         (e)  Refused to appear before, or to answer upon

22  request of, the agency division or any duly authorized officer

23  of the state, any legal question, or to produce any relevant

24  book or paper concerning his or her conduct under any

25  authorization granted to him or her under this chapter;

26         (f)  Self-referred in violation of this chapter or

27  other laws of this state; or

28         (g)  Engaged in a pattern of practice of

29  overutilization or a violation of this chapter or rules

30  adopted by the agency division.

31         Section 43.  Paragraph (a) of subsection (3) of section

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  440.15, Florida Statutes, is amended to read:

 2         440.15  Compensation for disability.--Compensation for

 3  disability shall be paid to the employee, subject to the

 4  limits provided in s. 440.12(2), as follows:

 5         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--

 6         (a)  Impairment benefits.--

 7         1.  Once the employee has reached the date of maximum

 8  medical improvement, impairment benefits are due and payable

 9  within 20 days after the carrier has knowledge of the

10  impairment.

11         2.  The three-member panel, in cooperation with the

12  agency division, shall establish and use a uniform permanent

13  impairment rating schedule. This schedule must be based on

14  medically or scientifically demonstrable findings as well as

15  the systems and criteria set forth in the American Medical

16  Association's Guides to the Evaluation of Permanent

17  Impairment; the Snellen Charts, published by American Medical

18  Association Committee for Eye Injuries; and the Minnesota

19  Department of Labor and Industry Disability Schedules. The

20  schedule should be based upon objective findings. The schedule

21  shall be more comprehensive than the AMA Guides to the

22  Evaluation of Permanent Impairment and shall expand the areas

23  already addressed and address additional areas not currently

24  contained in the guides. On August 1, 1979, and pending the

25  adoption, by rule, of a permanent schedule, Guides to the

26  Evaluation of Permanent Impairment, copyright 1977, 1971,

27  1988, by the American Medical Association, shall be the

28  temporary schedule and shall be used for the purposes hereof.

29  For injuries after July 1, 1990, pending the adoption by

30  division rule of a uniform disability rating schedule, the

31  Minnesota Department of Labor and Industry Disability Schedule

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  shall be used unless that schedule does not address an injury.

 2  In such case, the Guides to the Evaluation of Permanent

 3  Impairment by the American Medical Association shall be used.

 4  Determination of permanent impairment under this schedule must

 5  be made by a physician licensed under chapter 458, a doctor of

 6  osteopathic medicine licensed under chapters 458 and 459, a

 7  chiropractic physician licensed under chapter 460, a podiatric

 8  physician licensed under chapter 461, an optometrist licensed

 9  under chapter 463, or a dentist licensed under chapter 466, as

10  appropriate considering the nature of the injury. No other

11  persons are authorized to render opinions regarding the

12  existence of or the extent of permanent impairment.

13         3.  All impairment income benefits shall be based on an

14  impairment rating using the impairment schedule referred to in

15  subparagraph 2. Impairment income benefits are paid weekly at

16  the rate of 50 percent of the employee's average weekly

17  temporary total disability benefit not to exceed the maximum

18  weekly benefit under s. 440.12. An employee's entitlement to

19  impairment income benefits begins the day after the employee

20  reaches maximum medical improvement or the expiration of

21  temporary benefits, whichever occurs earlier, and continues

22  until the earlier of:

23         a.  The expiration of a period computed at the rate of

24  3 weeks for each percentage point of impairment; or

25         b.  The death of the employee.

26         4.  After the employee has been certified by a doctor

27  as having reached maximum medical improvement or 6 weeks

28  before the expiration of temporary benefits, whichever occurs

29  earlier, the certifying doctor shall evaluate the condition of

30  the employee and assign an impairment rating, using the

31  impairment schedule referred to in subparagraph 2.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  Compensation is not payable for the mental, psychological, or

 2  emotional injury arising out of depression from being out of

 3  work. If the certification and evaluation are performed by a

 4  doctor other than the employee's treating doctor, the

 5  certification and evaluation must be submitted to the treating

 6  doctor, and the treating doctor must indicate agreement or

 7  disagreement with the certification and evaluation. The

 8  certifying doctor shall issue a written report to the

 9  division, the employee, and the carrier certifying that

10  maximum medical improvement has been reached, stating the

11  impairment rating, and providing any other information

12  required by the division. If the employee has not been

13  certified as having reached maximum medical improvement before

14  the expiration of 102 weeks after the date temporary total

15  disability benefits begin to accrue, the carrier shall notify

16  the treating doctor of the requirements of this section.

17         5.  The carrier shall pay the employee impairment

18  income benefits for a period based on the impairment rating.

19         6.  The division may by rule specify forms and

20  procedures governing the method of payment of wage loss and

21  impairment benefits for dates of accidents before January 1,

22  1994, and for dates of accidents on or after January 1, 1994.

23         Section 44.  Subsection (7) of section 440.491, Florida

24  Statutes, is amended to read:

25         440.491  Reemployment of injured workers;

26  rehabilitation.--

27         (7)  PROVIDER QUALIFICATIONS.--

28         (a)  The Agency for Health Care Administration division

29  shall investigate and maintain a directory of each qualified

30  public and private rehabilitation provider, facility, and

31  agency, and shall establish by rule the minimum

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  qualifications, credentials, and requirements that each

 2  rehabilitation service provider, facility, and agency must

 3  satisfy to be eligible for listing in the directory. These

 4  minimum qualifications and credentials must be based on those

 5  generally accepted within the service specialty for which the

 6  provider, facility, or agency is approved.

 7         (b)  The agency division shall impose a biennial

 8  application fee of $25 for each listing in the directory, and

 9  all such fees must be deposited in the Workers' Compensation

10  Administration Trust Fund.

11         (c)  The agency division shall monitor and evaluate

12  each rehabilitation service provider, facility, and agency

13  qualified under this subsection to ensure its compliance with

14  the minimum qualifications and credentials established by the

15  division. The failure of a qualified rehabilitation service

16  provider, facility, or agency to provide the agency division

17  with information requested or access necessary for the agency

18  division to satisfy its responsibilities under this subsection

19  is grounds for disqualifying the provider, facility, or agency

20  from further referrals.

21         (d)  A qualified rehabilitation service provider,

22  facility, or agency may not be authorized by an employer, a

23  carrier, or the agency division to provide any services,

24  including expert testimony, under this section in this state

25  unless the provider, facility, or agency is listed or has been

26  approved for listing in the directory. This restriction does

27  not apply to services provided outside this state under this

28  section.

29         (e)  The agency division, after consultation with

30  representatives of employees, employers, carriers,

31  rehabilitation providers, and qualified training and education

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1206, 1st Eng.

    Amendment No.    





 1  providers, shall adopt rules governing professional practices

 2  and standards.

 3

 4  (Redesignate subsequent sections.)

 5

 6

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

 8  And the title is amended as follows:

 9         On page 8, lines 27-31, delete those lines

10

11  and insert:

12         federal law; amending s. 440.02, F.S.;

13         providing a definition for the term "agency";

14         conforming definitions of "department" and

15         "division" to the transfer of the Division of

16         Workers' Compensation to the Department of

17         Insurance; amending s. 440.13, F.S., relating

18         to medical services and supplies under the

19         workers' compensation law; reassigning certain

20         functions from the Division of Workers'

21         Compensation to the Agency for Health Care

22         Administration; amending s. 440.15, F.S.;

23         providing for the agency to participate in the

24         establishment and use of a uniform permanent

25         impairment rating schedule; amending s.

26         440.491, F.S.; providing for agency oversight

27         of workers' compensation rehabilitation

28         providers; amending s. 440.207, F.S.;

29

30

31

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