CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 Representative(s) Trovillion offered the following:
12
13 Amendment (with title amendment)
14 On page 1, line 9,
15 remove from the bill: everything after the enacting clause
16
17 and insert in lieu thereof:
18 Section 1. Paragraphs (a), (b), (c), and (d) of
19 subsection (1) of section 945.215, Florida Statutes, are
20 amended to read:
21 945.215 Inmate welfare and employee benefit trust
22 funds.--
23 (1) INMATE WELFARE TRUST FUND; DEPARTMENT OF
24 CORRECTIONS.--
25 (a) The Inmate Welfare Trust Fund constitutes a trust
26 held by the department for the benefit and welfare of inmates
27 incarcerated in correctional facilities operated directly by
28 the department and for visitation and family programs and
29 services in such correctional facilities. Funds shall be
30 credited to the trust fund as follows:
31 1. All funds held in any auxiliary, canteen, welfare,
1
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 or similar fund in any correctional facility operated directly
2 by the department.
3 2. All net proceeds from operating inmate canteens,
4 vending machines used primarily by inmates and visitors, hobby
5 shops, and other such facilities; however, funds necessary to
6 purchase items for resale at inmate canteens and vending
7 machines must be deposited into local bank accounts designated
8 by the department.
9 3. All proceeds from contracted telephone commissions.
10 The department shall develop and update, as necessary,
11 administrative procedures to verify that:
12 a. Contracted telephone companies accurately record
13 and report all telephone calls made by inmates incarcerated in
14 correctional facilities under the department's jurisdiction;
15 b. Persons who accept collect calls from inmates are
16 charged the contracted rate; and
17 c. The department receives the contracted telephone
18 commissions.
19 4. Any funds that may be assigned by inmates or
20 donated to the department by the general public or an inmate
21 service organization; however, the department shall not accept
22 any donation from, or on behalf of, any individual inmate.
23 5. Repayment of the one-time sum of $500,000
24 appropriated in fiscal year 1996-1997 from the Inmate Welfare
25 Trust Fund for correctional work programs pursuant to s.
26 946.008.
27 5.6. All proceeds from:
28 a. The confiscation and liquidation of any contraband
29 found upon, or in the possession of, any inmate;
30 b. Disciplinary fines imposed against inmates;
31 c. Forfeitures of inmate earnings; and
2
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 d. Unexpended balances in individual inmate trust fund
2 accounts of less than $1.
3 6.7. All interest earnings and other proceeds derived
4 from investments of funds deposited in the trust fund. In the
5 manner authorized by law for fiduciaries, the secretary of the
6 department, or the secretary's designee, may invest any funds
7 in the trust fund when it is determined that such funds are
8 not needed for immediate use.
9 (b) Funds in the Inmate Welfare Trust Fund must be
10 used exclusively for the following purposes at correctional
11 facilities operated directly by the department:
12 1. To operate inmate canteens and vending machines,
13 including purchasing items for resale at inmate canteens and
14 vending machines; employing personnel and inmates to manage,
15 supervise, and operate inmate canteens and vending machines;
16 and covering other operating and fixed capital outlay expenses
17 associated with operating inmate canteens and vending
18 machines;
19 2. To employ personnel to manage and supervise the
20 proceeds from telephone commissions;
21 3. To develop, implement, and maintain the medical
22 copayment accounting system;
23 4. To provide literacy programs, vocational training
24 programs, and educational programs that comply with standards
25 of the Department of Education, including employing personnel
26 and covering other operating and fixed capital outlay expenses
27 associated with providing such programs;
28 5. To operate inmate chapels, faith-based programs,
29 visiting pavilions, visiting services and programs, family
30 services and programs, libraries, and law libraries, including
31 employing personnel and covering other operating and fixed
3
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 capital outlay expenses associated with operating inmate
2 chapels, faith-based programs, visiting pavilions, visiting
3 services and programs, family services and programs,
4 libraries, and law libraries;
5 6. To purchase and repair televisions and antennae to
6 be used in inmate common areas and visitation areas to provide
7 inmates and their visitors with limited access to non-cable
8 network programming.
9 7.6. To provide for expenses associated with various
10 inmate clubs;
11 8.7. To provide for expenses associated with legal
12 services for inmates;
13 9.8. To provide inmate substance abuse treatment
14 programs and transition and life skills training programs,
15 including employing personnel and covering other operating and
16 fixed capital outlay expenses associated with providing such
17 programs.
18 10. To purchase wellness equipment for use by inmates,
19 including equipment for team sports and fitness activities to
20 support wellness habits, to promote healthy behavior, and to
21 reduce idleness for better institutional management, but
22 excluding free weights.
23 (c) The Legislature shall annually appropriate the
24 funds deposited in the Inmate Welfare Trust Fund. It is the
25 intent of the Legislature that total annual expenditures for
26 providing literacy programs, vocational training programs, and
27 educational programs exceed the combined total annual
28 expenditures for operating inmate chapels, faith-based
29 programs, visiting pavilions, visiting services and programs,
30 televisions, television repairs, family services and programs,
31 libraries, and law libraries, covering expenses associated
4
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 with inmate clubs, and providing inmate substance abuse
2 treatment programs and transition and life skills training
3 programs.
4 (d) Funds in the Inmate Welfare Trust Fund or any
5 other fund may not be used to purchase cable television
6 service. Such funds may not generally be used, to rent or
7 purchase videocassettes or, videocassette recorders, or other
8 audiovisual or electronic equipment used primarily for
9 recreation purposes. This paragraph does not preclude the
10 purchase or rental of videocassettes or videocassette
11 recorders electronic or audiovisual equipment for inmate
12 training, or educational programs, or the amusement of
13 children in visitation areas.
14 Section 2. Section 945, Florida Statutes, is created
15 to read: Legislative intent; Correctional Managed Health Care
16 Pilot Program.--
17 (1) It is the intent of the Legislature that the
18 delivery of inmate health care be accomplished in accordance
19 with the commonly accepted standards within the professional
20 health community at large; be provided at a level comparable
21 to a Medicaid-service level of care, enhanced to include
22 dental, mental health, and pharmacy programs that are at least
23 equivalent to the level of care provided by the Office of
24 Health Services of the Department of Corrections; and be
25 provided in the most cost-effective manner possible. It is
26 also the intent of the Legislature to reduce and control the
27 escalating costs of inmate health care by implementing, in a
28 pilot project, the managed health care approach described in
29 this section and specifically authorized in the 2000-2001
30 General Appropriations Act. In managing the contract for the
31 Correctional Managed Health Care Pilot Program contract, the
5
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 Department of Corrections shall safeguard the state's interest
2 in providing lawfully adequate health care to inmates. When
3 surveying a facility within the pilot program, the
4 Correctional Medical Authority shall immediately report
5 life-threatening or otherwise serious deficiencies to the
6 Secretary of Corrections and the private health care vendor
7 performing the services under the Correctional Managed Health
8 Care Pilot Program. The private health care vendor shall take
9 immediate action to correct life-threatening or otherwise
10 serious deficiencies identified by the board and, within 3
11 calendar days, file a written corrective action plan with the
12 Secretary of Corrections, the department's contract manager,
13 and the board which indicates the actions that will be taken
14 to address the deficiencies.
15 (b) The Correctional Medical Authority shall inspect
16 and survey the facilities under the pilot program at least
17 once each year and shall submit a report to the Governor, the
18 President of the Senate, and the Speaker of the House within
19 60 days after the inspection.
20 (c) The Correctional Medical Authority shall address
21 and resolve any request for changes submitted by the private
22 health care vendor under paragraph (3)(b).
23 (3)(a) The Correctional Managed Health Care Pilot
24 Program is established for the purpose of providing inmate
25 health care, including primary, convalescent, dental, and
26 mental health care, to inmates housed by the Department of
27 Corrections at the prisons located in the region designated by
28 the department as Region IV on March 1, 2000. The pilot
29 program shall:
30 1. Commence with a contract awarded to a private
31 health care vendor by the Department of Corrections, at the
6
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 department's discretion. The private health care vendor shall
2 provide services to inmates, except inmates housed in
3 institutions authorized under chapter 957, Florida Statutes,
4 at a level that is comparable to the level of care provided
5 under Medicaid. In addition, services shall be enhanced to
6 include dental, mental health, and pharmacy programs that are
7 at least equivalent to the level of care provided by the
8 Office of Health Services of the Department of Corrections.
9 The contract for the pilot project shall be terminated no
10 later than December 31, 2003.
11 2. Maintain lawfully adequate levels of inmate health
12 care and provide access to health care while achieving
13 substantial cost savings.
14 3. Adhere to the health care procedures, health care
15 plans, health service bulletins, and treatment protocols
16 relating to the provision of inmate health care services
17 adopted by the Department of Corrections.
18 (b) If there is a need to deviate from the procedures,
19 plans, bulletins, or protocols adopted by the Department of
20 Corrections, the private health care vendor shall file a
21 request for change with the chairperson of the Correctional
22 Medical Authority which states the reasons for the request for
23 change and the alternative protocol the pilot program would
24 implement, if approved, the Correctional Medical Authority
25 review the request for change at the next scheduled meeting of
26 the authority and submit a recommendation to the Secretary of
27 Corrections to approve or deny the request. All documentation
28 considered by the board shall be provided to the Secretary of
29 Corrections for a final decision.
30 (c) The private health care vendor shall provide the
31 names, addresses, and social security numbers and, upon
7
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 request, a complete set of fingerprints taken by an authorized
2 law enforcement agency, of all individuals who will be
3 employed by, or contracting with, the vendor within the
4 state's correctional system for the purpose of a background
5 check. The Department of Law Enforcement may accept such
6 fingerprints for the purpose of conducting a statewide and
7 national criminal history check and, to the extent provided by
8 law, to exchange state, multistate, and federal criminal
9 history records with the Department of Corrections.
10 (d) The Department of Corrections shall provide
11 training to the private health care vendor, any
12 subcontractors, and their respective employees with regard to
13 security requirements and health care recordkeeping to be
14 maintained by the vendor, subcontractor, or employees while
15 working within the state's correctional system. The
16 Correctional Medical Authority shall be available to assist
17 the private vendor in meeting the health care standards set
18 forth by the Department of Corrections.
19 (4) Section 768.28(10)(a), Florida Statutes, does not
20 apply to any vendor performing services under the Correctional
21 Managed Health Care Pilot Program. The vendor entering into a
22 contract under this section is liable in tort with respect to
23 the care of inmates under the Correctional Managed Health Care
24 Pilot Program and for any breach of contract. Sovereign
25 immunity may not be raised by a vendor, subcontractor, or
26 employee of the vendor or subcontractor, or by the insurer of
27 the vendor, subcontractor, or employee on their behalf, as a
28 defense in any action arising out of the performance of any
29 service under the terms of any contract entered under this
30 section or as a defense in tort, or any other application,
31 with respect to the care of inmates and for any breach of
8
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 contract.
2 (5) Each primary vendor or subcontractor entering into
3 an agreement under this section shall defend and indemnify the
4 state and the Department of Corrections, including their
5 officials, employees and agents, against any claim, loss,
6 damage, cost, charge, or expense arising out of any act,
7 action, neglect, or omission by the vendor or its agents or
8 employees during the performance of the contract, whether
9 direct or indirect, including, but not limited to, any tort or
10 civil rights liability. Proof of satisfactory insurance is
11 required in the request for proposal and resulting contract,
12 if any is awarded. The vendor shall provide a performance bond
13 in an amount to be specified in the request for proposal.
14 (6)(a) The population of inmates housed in
15 correctional facilities within which the Correctional Managed
16 Health Care Pilot Program is operated shall be of a
17 substantially similar composition as those inmates who are
18 housed in similar facilities in the remainder of the state
19 correctional system with respect to their overall health, age,
20 mental health, and dental requirements.
21 (b) The Correctional Medical Authority shall have the
22 same rights, powers, and duties set forth in Chapter 945 with
23 respect to the facilities within the pilot program as in all
24 other Department of Corrections institutions, except as
25 otherwise provided in this section.
26 (7) The prime vendor pharmaceutical contract of the
27 state shall be available to the private health care vendor
28 selected to operate the Correctional Managed Health Care Pilot
29 Program. However, the private health care vendor is not
30 required to use the state's prime vendor pharmaceutical
31 contract.
9
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 Section 3. This act shall take effect July 1, 2000.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 2,
7 remove from the title of the bill: the entire title
8
9 and insert in lieu thereof:
10 An act relating to Department of Corrections Inmates;
11 amending s. 945.215, F.S.; revising and clarifying authorized
12 uses of moneys in the Inmates Welfare Trust Fund; providing
13 limitations; providing health care of inmates in the state
14 correctional system; providing legislative intent with respect
15 to the Correctional Managed Health Care Pilot Program;
16 requiring that the Correctional Medical Authority inspect
17 facilities operated under the pilot program and report to the
18 Governor and Legislature; establishing the Correctional
19 Managed Health Care Pilot Program; specifying the correctional
20 facilities to be included in the pilot program; requiring the
21 Department of Corrections to contract with a private health
22 care vendor for the purpose of providing health care services;
23 providing procedures under which the private vendor may
24 deviate from procedures or protocols adopted by the
25 department; providing for a criminal history check of
26 individuals employed by or contracting with the health care
27 vendor; providing that sovereign immunity does not apply to
28 any vendor performing services under the pilot program;
29 requiring that the vendor and any subcontractor indemnify the
30 state and the department against any liability; requiring that
31 the population of inmates served under the pilot program be
10
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917
HOUSE AMENDMENT
Bill No. HB 1451
Amendment No. 01 (for drafter's use only)
1 similar to other inmates in the state correctional system;
2 providing for the prime vendor pharmaceutical contract to be
3 available to the health care vendor operating the pilot
4 program; providing an effective date.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
File original & 9 copies 04/26/00
hct0002 03:47 pm 01451-0036-665917