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
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 5                                           ORIGINAL STAMP BELOW

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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,

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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.

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                                                   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

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                                                   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.

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