CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1233
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on Health Regulation offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Subsections (31), (32), and (33), of
18 section 395.002, Florida Statutes, are renumbered as
19 subsections (32), (33), and (34) respectively, and a new
20 subsection (31) of section 395.002, Florida Statutes, is
21 created to read:
22 395.002 Definitions.--As used in this chapter:
23 (31) "Surgical first assistant" means the first
24 assistant to the surgeon during a surgical operation.
25 (32)(31) "Utilization review" means a system for
26 reviewing the medical necessity or appropriateness in the
27 allocation of health care resources of hospital services given
28 or proposed to be given to a patient or group of patients.
29 (33)(32) "Utilization review plan" means a description
30 of the policies and procedures governing utilization review
31 activities performed by a private review agent.
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HOUSE AMENDMENT
Bill No. HB 1233
Amendment No. 1 (for drafter's use only)
1 (34)(33) "Validation inspection" means an inspection
2 of the premises of a licensed facility by the agency to assess
3 whether a review by an accrediting organization has adequately
4 evaluated the licensed facility according to minimum state
5 standards.
6 Section 2. Paragraph (b) of subsection (1) of section
7 395.0197, Florida Statutes, is amended to read:
8 395.0197 Internal risk management program.--
9 (1) Every licensed facility shall, as a part of its
10 administrative functions, establish an internal risk
11 management program that includes all of the following
12 components:
13 (b) The development of appropriate measures to
14 minimize the risk of adverse incidents to patients, including,
15 but not limited to:
16 1. Risk management and risk prevention education and
17 training of all nonphysician personnel as follows:
18 a. Such education and training of all nonphysician
19 personnel as part of their initial orientation; and
20 b. At least 1 hour of such education and training
21 annually for all personnel of the licensed facility working in
22 clinical areas and providing patient care, except those
23 persons licensed as health care practitioners who are required
24 to complete continuing education coursework pursuant to
25 chapter 456 or the respective practice act.
26 2. A prohibition, except when emergency circumstances
27 require otherwise, against a staff member of the licensed
28 facility attending a patient in the recovery room, unless the
29 staff member is authorized to attend the patient in the
30 recovery room and is in the company of at least one other
31 person. However, a licensed facility is exempt from the
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HOUSE AMENDMENT
Bill No. HB 1233
Amendment No. 1 (for drafter's use only)
1 two-person requirement if it has:
2 a. Live visual observation;
3 b. Electronic observation; or
4 c. Any other reasonable measure taken to ensure
5 patient protection and privacy.
6 3. A prohibition against an unlicensed person from
7 assisting or participating in any surgical procedure unless
8 the facility has authorized the person to do so following a
9 competency assessment, and such assistance or participation is
10 done under the direct and immediate supervision of a licensed
11 physician and is not otherwise an activity that may only be
12 performed by a licensed health care practitioner. Moreover,
13 the primary operating surgeon may select a surgical first
14 assistant from among available individuals who are approved or
15 credentialed by the facility.
16 4. Development, implementation, and ongoing evaluation
17 of procedures, protocols, and systems to accurately identify
18 patients, planned procedures, and the correct site of the
19 planned procedure so as to minimize the performance of a
20 surgical procedure on the wrong patient, a wrong surgical
21 procedure, a wrong-site surgical procedure, or a surgical
22 procedure otherwise unrelated to the patient's diagnosis or
23 medical condition.
24 Section 3. Section 627.64165, Florida Statutes, is
25 created to read:
26 627.64165 Surgical first assistants.--A health
27 insurance policy must provide coverage for the medically
28 necessary services of a surgical first assistant, as defined
29 by the American College of Surgeons, selected by the primary
30 surgeon to assist in a covered surgical procedure.
31 Section 4. Section 627.6572, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. HB 1233
Amendment No. 1 (for drafter's use only)
1 created to read:
2 627.6572 Surgical first assistants.--A group, blanket,
3 or franchise health insurance policy must provide coverage for
4 the medically necessary services of a surgical first
5 assistant, as defined by the American College of Surgeons,
6 selected by the primary surgeon to assist in a covered
7 surgical procedure.
8 Section 5. Subsection (40) is added to section 641.31,
9 Florida Statutes, to read:
10 641.31 Health maintenance contracts.--
11 (40) A health maintenance organization must provide
12 coverage for the medically necessary services of a surgical
13 first assistant, as defined by the American College of
14 Surgeons, selected by a primary surgeon contracted with the
15 health maintenance organization to assist in a covered
16 surgical procedure. If the use of contracted surgeons is
17 mandated for a specific procedure, the health maintenance
18 organization may also require that the surgical first
19 assistant be contracted with the health maintenance
20 organization. Payment to a hospital may not be reduced by any
21 portion of the payment to the surgical first assistant.
22 Section 6. This act shall take effect July 1, 2002,
23 and shall apply to policies and contracts issued or renewed
24 after that date.
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28 And the title is amended as follows:
29 remove everything before the enacting clause
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31 and insert:
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HOUSE AMENDMENT
Bill No. HB 1233
Amendment No. 1 (for drafter's use only)
1 A bill to be entitled
2 An act relating to surgical first assistants;
3 amending s. 395.002, F.S.; providing a
4 definition; amending s. 395.0197, F.S.;
5 revising a required component of internal risk
6 management programs to include requirements for
7 the use of surgical first assistants; creating
8 ss. 627.64165 and 627.6572, F.S.; requiring
9 health insurance policies to provide coverage
10 for the medically necessary services of a
11 surgical first assistant selected by the
12 primary surgeon to assist in a covered surgical
13 procedure; amending s. 641.31, F.S.; requiring
14 health maintenance contracts to provide
15 coverage for the medically necessary services
16 of a surgical first assistant selected by a
17 primary surgeon contracted with the health
18 maintenance organization to assist in a covered
19 surgical procedure; providing applicability to
20 new or renewed policies and contracts;
21 providing an effective date.
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