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
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                
 5
 6
 7
 8
 9
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
                                  1
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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.
                                  2
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  3
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  4
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  5
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  6
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  7
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  8
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  9
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  10
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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.--
                                  11
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  12
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  13
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  14
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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,
                                  15
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  16
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  17
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  18
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  19
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  20
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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.
                                  21
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  22
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  23
    3:42 PM   05/02/00                               s1206.cm05.al
                                                  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
                                  24
    3:42 PM   05/02/00                               s1206.cm05.al