House Bill hb1567

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    Florida House of Representatives - 2001                HB 1567

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to medical practice; creating

  3         s. 458.35, F.S.; limiting to certain medical

  4         licensees the ownership or operation of medical

  5         practice settings or diagnostic facilities;

  6         providing exemptions; requiring certain medical

  7         practice settings or diagnostic facilities not

  8         owned by such licensees to employ a medical

  9         director; requiring registration of medical

10         practice settings or diagnostic facilities;

11         providing for fees; providing for the adoption

12         of rules; providing responsibilities for

13         medical directors of such facilities; providing

14         penalties; providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 458.35, Florida Statutes, is

19  created to read:

20         458.35  Medical-practice settings and diagnostic

21  facilities; restrictions on ownership; registration.--

22         (1)  A person or entity, other than a physician or

23  physician assistant licensed pursuant to this chapter or

24  chapter 459 or a professional corporation or limited liability

25  company composed only of licensed physicians or physician

26  assistants, may not employ a physician or physician assistant

27  to deliver health care services in a medical-practice setting

28  or diagnostic facility.

29         (2)  State agencies, facilities licensed by the

30  department or the Agency for Health Care Administration, and

31  nonprofit entities are exempt from this section.

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    Florida House of Representatives - 2001                HB 1567

    574-179-01






  1         (3)  For purposes of this section, a medical-practice

  2  setting or diagnostic facility is considered a single

  3  structure or group of adjacent structures operating under the

  4  same business name in which medical services are provided.

  5         (4)  Any lease, rental agreement, or other arrangement

  6  between a licensed physician or physician assistant and a

  7  nonlicensed person who provides medical equipment or materials

  8  or services to a medical-practice setting or diagnostic

  9  facility must require that the licensed physician or physician

10  assistant maintain care, custody, and control of the

11  equipment, materials, or services.

12         (5)  Medical-practice settings or diagnostic facilities

13  that are owned by persons other than licensed physicians or

14  physician assistants or are owned by entities other than

15  professional corporations or limited liability companies whose

16  shareholders are licensed physicians or physician assistants

17  that existed before October 1, 2001, and that employed

18  physicians or physician assistants licensed under this chapter

19  or chapter 459 to deliver health care services may continue to

20  operate only if they contract with a physician licensed

21  pursuant to this chapter or chapter 459 to serve as medical

22  director.

23         (6)(a)  Medical-practice settings or diagnostic

24  facilities must register with the Agency for Health Care

25  Administration.

26         (b)  The Agency for Health Care Administration shall

27  adopt rules to implement a registration program, including

28  rules prescribing registration fees and establishing penalties

29  for violations. The fees must not exceed an amount that will

30  provide sufficient revenues to administer the registration

31  program.

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    Florida House of Representatives - 2001                HB 1567

    574-179-01






  1         (7)  A medical director must accept in writing the

  2  legal obligation and responsibility for supervising the

  3  delivery of services in a medical-practice setting or

  4  diagnostic facility, including:

  5         (a)  Maintaining a sign in a conspicuous location in

  6  the facility which identifies the medical director, the hours

  7  when he or she is on site, and the medical director's

  8  responsibilities.

  9         (b)  Maintaining an active license in this state.

10         (c)  Being present on site at least 20 hours each week

11  or such other hours as are required by the board.

12         (d)  Reviewing contracts or agreements for patient

13  referrals.

14         (e)  Ensuring that all health care providers at the

15  facility have active appropriate certification or licensure

16  for the level of care being provided.

17         (f)  Serving as the records holder pursuant to s.

18  456.057.

19         (g)  Complying with medical recordkeeping, office

20  surgery, and adverse-incident reporting requirements.

21         (h)  Conducting systematic reviews of the facility's

22  billing of services to ensure that they are not fraudulent.

23         (i)  Maintaining on-site documentation of the

24  credentials and licensure status of the facility's health care

25  providers and making these documents available for inspection

26  by regulators.

27         (j)  Developing and implementing a systematic

28  patient-safety program to identify and correct unsafe

29  practices in accordance with acceptable risk-management

30  standards.

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    Florida House of Representatives - 2001                HB 1567

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  1         (8)  The board may adopt rules necessary to administer

  2  this section.

  3         (9)  Any person who violates this section commits a

  4  felony of the third degree, punishable as provided in s.

  5  775.082, s. 775.083, or s. 775.084.

  6         (10)  Any contract that violates this section is void.

  7         (11)  This section applies to contracts entered into or

  8  renewed on or after October 1, 2001.

  9         Section 2.  This act shall take effect October 1, 2001.

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12                       LEGISLATIVE SUMMARY

13    Prohibits persons other than physicians or physician
      assistants from owning or operating medical-practice or
14    diagnostic facilities. Provides exemptions and provides
      for the adoption of rules. Establishes responsibilities
15    for medical directors of such facilities. Provides
      penalties. (See bill for details.)
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