Senate Bill sb1490c1
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Florida Senate - 2002 CS for SB 1490
By the Committee on Health, Aging and Long-Term Care; and
Senator Campbell
317-1936-02
1 A bill to be entitled
2 An act relating to health care; amending s.
3 395.002, F.S.; revising definitions relating to
4 emergency services and care provided by
5 hospitals and related facilities; amending s.
6 395.0161, F.S.; requiring the Agency for Health
7 Care Administration to adopt rules governing
8 the conduct of inspections or investigations;
9 amending s. 395.0197, F.S.; revising provisions
10 governing the internal risk-management program;
11 amending s. 395.1041, F.S.; revising provisions
12 relating to hospital service capability and
13 access to emergency services and care;
14 directing the Agency for Health Care
15 Administration to convene a workgroup to report
16 to the Legislature regarding hospital service
17 capability requirements; creating s. 395.1042,
18 F.S.; establishing a program under the agency
19 to reimburse health care facilities and
20 practitioners for the cost of uncompensated
21 emergency services and care; amending ss.
22 383.50, 394.4787, 395.602, 395.701, 400.051,
23 409.905, 468.505, and 812.014, F.S.; conforming
24 cross-references; amending s. 401.23, F.S.;
25 redefining the terms "advanced life support"
26 and "basic life support"; defining the term
27 "emergency medical conditions"; amending s.
28 409.901, F.S.; revising definitions relating to
29 emergency services and care for purposes of
30 Medicaid coverage; amending s. 409.9128, F.S.;
31 revising requirements for providing emergency
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1 services and care under Medicaid managed care
2 plans and MediPass; creating s. 627.6053, F.S.;
3 providing requirements for health insurance
4 policy coverage of hospital emergency services
5 and care; amending ss. 641.19, 641.47, and
6 641.513, F.S.; revising definitions and
7 requirements relating to the provision of
8 emergency services and care by health
9 maintenance organizations and prepaid health
10 clinics; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (4) of section 383.50, Florida
15 Statutes, is amended to read:
16 383.50 Treatment of abandoned newborn infant.--
17 (4) Each hospital of this state subject to s. 395.1041
18 shall, and any other hospital may, admit and provide all
19 necessary emergency services and care, as defined in s.
20 395.002(11)(10), to any newborn infant left with the hospital
21 in accordance with this section. The hospital or any of its
22 licensed health care professionals shall consider these
23 actions as implied consent for treatment, and a hospital
24 accepting physical custody of a newborn infant has implied
25 consent to perform all necessary emergency services and care.
26 The hospital or any of its licensed health care professionals
27 is immune from criminal or civil liability for acting in good
28 faith in accordance with this section. Nothing in this
29 subsection limits liability for negligence.
30 Section 2. Subsection (7) of section 394.4787, Florida
31 Statutes, is amended to read:
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1 394.4787 Definitions; ss. 394.4786, 394.4787,
2 394.4788, and 394.4789.--As used in this section and ss.
3 394.4786, 394.4788, and 394.4789:
4 (7) "Specialty psychiatric hospital" means a hospital
5 licensed by the agency pursuant to s. 395.002(31)(29) as a
6 specialty psychiatric hospital.
7 Section 3. Present subsections (9), (10), (26), and
8 (30) of section 395.002, Florida Statutes, are amended,
9 present subsections (10) through (21) and (22) through (33)
10 are renumbered as subsections (11) through (22) and (24)
11 through (35), respectively, and new subsections (10) and (23)
12 are added to that section, to read:
13 395.002 Definitions.--As used in this chapter:
14 (9) "Emergency medical condition" means:
15 (a) A medical condition manifesting itself by acute
16 symptoms of sufficient severity, which may include severe
17 pain, psychiatric disturbances, symptoms of substance abuse,
18 or other acute symptoms, such that the absence of immediate
19 medical attention could reasonably be expected to result in
20 any of the following:
21 1. Serious jeopardy to patient health, including a
22 pregnant woman or fetus.
23 2. Serious impairment to bodily functions.
24 3. Serious dysfunction of any bodily organ or part.
25 (b) With respect to a pregnant woman:
26 1. That there is inadequate time to effect safe
27 transfer to another hospital prior to delivery;
28 2. That a transfer may pose a threat to the health and
29 safety of the patient or fetus; or
30 3. That there is evidence of the onset and persistence
31 of uterine contractions or rupture of the membranes.
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1 (c) With respect to a person exhibiting acute
2 psychiatric disturbance or substance abuse, or taken into
3 custody and delivered to a hospital under a court ex parte
4 order for examination or placed by an authorized party for
5 involuntary examination in accordance with chapter 394 or
6 chapter 397, that the absence of immediate medical attention
7 could reasonably be expected to result in:
8 1. Serious jeopardy to the health of a patient; or
9 2. Serious jeopardy to the health of others.
10 (10) "Emergency medical services provider" means a
11 provider licensed pursuant to chapter 401.
12 (11)(10) "Emergency services and care" means medical
13 screening, examination, and evaluation by a physician, or, to
14 the extent permitted by applicable law, by other appropriate
15 personnel under the supervision of a physician, to determine
16 if an emergency medical condition exists and, if it does, the
17 care, treatment, or surgery by a physician necessary to
18 stabilize relieve or eliminate the emergency medical
19 condition, within the service capability of the facility.
20 (23) "Medically unnecessary procedure" means a
21 surgical or other invasive procedure that no reasonable
22 physician, in light of the patient's history and available
23 diagnostic information, would deem to be indicated in order to
24 treat, cure, or palliate the patient's condition or disease.
25 (28)(26) "Service capability" means the physical
26 space, equipment, supplies, and services that the hospital
27 provides and the level of care that the medical staff can
28 provide within the training and scope of their professional
29 licenses and hospital privileges all services offered by the
30 facility where identification of services offered is evidenced
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1 by the appearance of the service in a patient's medical record
2 or itemized bill.
3 (32)(30) "Stabilized" means, with respect to an
4 emergency medical condition, that no material deterioration of
5 the condition is likely, within reasonable medical
6 probability, to result from the transfer or discharge of the
7 patient from a hospital.
8 Section 4. Subsection (5) is added to section
9 395.0161, Florida Statutes, to read:
10 395.0161 Licensure inspection.--
11 (5)(a) The agency shall adopt rules governing the
12 conduct of inspections or investigations it initiates in
13 response to:
14 1. Reports filed pursuant to s. 395.0197.
15 2. Complaints alleging violations of state or federal
16 emergency access laws.
17 3. Complaints made by the public alleging violations
18 of law by licensed facilities or personnel.
19 (b) The rules must set forth the procedures to be used
20 in the investigations or inspections in order to protect the
21 due process rights of licensed facilities and personnel and to
22 minimize, to the greatest reasonable extent possible, the
23 disruption of facility operations and the cost to facilities
24 resulting from those investigations.
25 Section 5. Subsections (2), (14), and (16) of section
26 395.0197, Florida Statutes, are amended to read:
27 395.0197 Internal risk management program.--
28 (2) The internal risk management program is the
29 responsibility of the governing board of the health care
30 facility. Each licensed facility shall use the services of
31 hire a risk manager, licensed under s. 395.10974, who is
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1 responsible for implementation and oversight of such
2 facility's internal risk management program as required by
3 this section. A risk manager must not be made responsible for
4 more than four internal risk management programs in separate
5 licensed facilities, unless the facilities are under one
6 corporate ownership or the risk management programs are in
7 rural hospitals.
8 (14) The agency shall have access, as set forth in
9 rules adopted under s. 395.0161(5), to all licensed facility
10 records necessary to carry out the provisions of this section.
11 The records obtained by the agency under subsection (6),
12 subsection (8), or subsection (10) are not available to the
13 public under s. 119.07(1), nor shall they be discoverable or
14 admissible in any civil or administrative action, except in
15 disciplinary proceedings by the agency or the appropriate
16 regulatory board, nor shall records obtained pursuant to s.
17 456.071 be available to the public as part of the record of
18 investigation for and prosecution in disciplinary proceedings
19 made available to the public by the agency or the appropriate
20 regulatory board. However, the agency or the appropriate
21 regulatory board shall make available, upon written request by
22 a health care professional against whom probable cause has
23 been found, any such records which form the basis of the
24 determination of probable cause, except that, with respect to
25 medical review committee records, s. 766.101 controls.
26 (16) The agency shall review, as part of its licensure
27 inspection process, the internal risk management program at
28 each licensed facility regulated by this section to determine
29 whether the program meets standards established in statutes
30 and rules, whether the program is being conducted in a manner
31 designed to reduce adverse incidents, and whether the program
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1 is appropriately reporting incidents under this section. Only
2 a risk manager, licensed under s. 395.10974 and employed by
3 the Agency for Health Care Administration has the authority to
4 conduct inspections necessary to determine whether a program
5 meets the requirements of this section. A determination must
6 be based on the care, skill, and judgment which, in light of
7 all relevant surrounding circumstances, is recognized as
8 acceptable and appropriate by reasonably prudent similar
9 licensed risk managers.
10 Section 6. Subsections (1) and (2) and paragraphs (c)
11 and (d) of subsection (3) of section 395.1041, Florida
12 Statutes, are amended to read:
13 395.1041 Access to emergency services and care.--
14 (1) LEGISLATIVE INTENT.--The Legislature finds and
15 declares it to be of vital importance that emergency services
16 and care be provided by hospitals and physicians to every
17 person in need of such care. The Legislature finds that
18 persons have been denied emergency services and care by
19 hospitals. It is the intent of the Legislature that the
20 agency vigorously enforce the ability of persons to receive
21 all necessary and appropriate emergency services and care and
22 that the agency act in a thorough and timely manner against
23 hospitals and physicians which deny persons emergency services
24 and care. It is further the intent of the Legislature that
25 hospitals, emergency medical services providers, and other
26 health care providers work together in their local communities
27 to enter into agreements or arrangements to ensure access to
28 emergency services and care. The Legislature further
29 recognizes that appropriate emergency services and care often
30 require followup consultation and treatment in order to
31 effectively care for emergency medical conditions.
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1 (2) INVENTORY OF HOSPITAL EMERGENCY SERVICES.--The
2 agency shall establish and maintain an inventory of hospitals
3 with emergency services. The inventory shall list all
4 services within the service capability of the hospital, and
5 such services shall appear on the face of the hospital
6 license. Each hospital having emergency services shall notify
7 the agency of its service capability in the manner and form
8 prescribed by the agency. The agency, in cooperation with the
9 Department of Health shall provide use the inventory to assist
10 emergency medical services providers and shall make the
11 inventory available to others to assist in locating
12 appropriate emergency medical care. The inventory shall also
13 be made available to the general public. On or before August
14 1, 1992, the agency shall request that each hospital identify
15 the services which are within its service capability. On or
16 before November 1, 1992, the agency shall notify each hospital
17 of the service capability to be included in the inventory.
18 The hospital has 15 days from the date of receipt to respond
19 to the notice. By December 1, 1992, the agency shall publish
20 a final inventory. Each hospital shall reaffirm its service
21 capability when its license is renewed and shall notify the
22 agency of the addition of a new service or the termination of
23 a service prior to a change in its service capability.
24 (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
25 FACILITY OR HEALTH CARE PERSONNEL.--
26 (c) A patient that has not been stabilized, whether
27 stabilized or not, may be transferred to another hospital
28 which has the requisite service capability or is not at
29 service capacity, if:
30 1. The patient, or a person who is legally responsible
31 for the patient and acting on the patient's behalf, after
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1 being informed of the hospital's obligation under this section
2 and of the risk of transfer, requests that the transfer be
3 effected;
4 2. A physician has signed a certification that, based
5 upon the reasonable risks and benefits to the patient, and
6 based upon the information available at the time of transfer,
7 the medical benefits reasonably expected from the provision of
8 appropriate medical treatment at another hospital outweigh the
9 increased risks to the individual's medical condition from
10 effecting the transfer; or
11 3. A physician is not physically present in the
12 emergency services area at the time an individual is
13 transferred and a qualified medical person signs a
14 certification that a physician, in consultation with
15 personnel, has determined that the medical benefits reasonably
16 expected from the provision of appropriate medical treatment
17 at another medical facility outweigh the increased risks to
18 the individual's medical condition from effecting the
19 transfer. The consulting physician must countersign the
20 certification;
21
22 provided that this paragraph shall not be construed to require
23 acceptance of a transfer that is not medically necessary.
24 (d)1. Every hospital shall ensure the provision of
25 services within the service capability of the hospital, at all
26 times, either directly or indirectly through an arrangement
27 with another hospital, through an arrangement with one or more
28 physicians, or as otherwise made through prior arrangements.
29 A hospital may enter into an agreement with another hospital
30 for purposes of meeting its service capability requirement,
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1 and appropriate compensation or other reasonable conditions
2 may be negotiated for these backup services.
3 2. If any arrangement requires the provision of
4 emergency medical transportation, such arrangement must be
5 made in consultation with the applicable emergency medical
6 service provider and may not require the emergency medical
7 service provider to provide transportation that is outside the
8 routine service area of that emergency medical service
9 provider or in a manner that impairs the ability of the
10 emergency medical service provider to timely respond to
11 prehospital emergency calls. Emergency medical transportation
12 provided under this subparagraph is considered to be emergency
13 services and care as defined in s. 395.002.
14 3. A hospital shall not be required to ensure service
15 capability at all times as required in subparagraph 1. if,
16 prior to the receiving of any patient needing such service
17 capability, such hospital has demonstrated to the agency that
18 it lacks the ability to ensure such capability and it has
19 exhausted all reasonable efforts to ensure such capability
20 through backup arrangements. In reviewing a hospital's
21 demonstration of lack of ability to ensure service capability,
22 the agency shall consider factors relevant to the particular
23 case, including the following:
24 a. Number and proximity of hospitals with the same
25 service capability.
26 b. Number, type, credentials, and privileges of
27 specialists.
28 c. Frequency of procedures.
29 d. Size of hospital.
30 4. The agency shall publish proposed rules
31 implementing a reasonable exemption procedure by November 1,
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1 1992. Subparagraph 1. shall become effective upon the
2 effective date of said rules or January 31, 1993, whichever is
3 earlier. For a period not to exceed 1 year from the effective
4 date of subparagraph 1., a hospital requesting an exemption
5 shall be deemed to be exempt from offering the service until
6 the agency initially acts to deny or grant the original
7 request. The agency has 45 days from the date of receipt of
8 the request for exemption to approve or deny the request.
9 After the first year from the effective date of subparagraph
10 1., If the agency fails to initially act within the time
11 period, the hospital is deemed to be exempt from offering the
12 service until the agency initially acts to deny the request.
13 5. The agency shall convene a workgroup consisting of
14 representatives from the Florida Hospital Association, the
15 Florida Statutory Teaching Hospital Council, the Florida
16 Medical Association, and the Florida College of Emergency
17 Physicians to make recommendations to the Legislature for
18 changes to this paragraph regarding:
19 a. Services performed on an infrequent basis that
20 would not be considered to be within the service capability of
21 the hospital.
22 b. Situations in which hospitals would be deemed
23 exempt from providing services at all times that are within
24 their service capability.
25 Section 7. Section 395.1042, Florida Statutes, is
26 created to read:
27 395.1042 Uncompensated Emergency Services and Care
28 Reimbursement Program.--
29 (1) There is established the Uncompensated Emergency
30 Services and Care Reimbursement Program for the purpose of
31 reimbursing health care facilities and health care
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1 practitioners for the cost of uncompensated emergency services
2 and care provided as required by s. 395.1041. The Agency for
3 Health Care Administration shall reimburse providers for
4 services at the Medicaid rate in an amount equal to the
5 provider's pro rata share of uncompensated emergency services
6 and care provided in the prior fiscal year.
7 (2) Any funds appropriated in the General
8 Appropriations Act for the implementation of s. 395.1041, and
9 any other funds that become available for the implementation
10 of s. 395.1041, shall be used exclusively to compensate
11 providers under the Uncompensated Emergency Services and Care
12 Reimbursement Program.
13 Section 8. Paragraph (c) of subsection (2) of section
14 395.602, Florida Statutes, is amended to read:
15 395.602 Rural hospitals.--
16 (2) DEFINITIONS.--As used in this part:
17 (c) "Inactive rural hospital bed" means a licensed
18 acute care hospital bed, as defined in s. 395.002(15)(14),
19 that is inactive in that it cannot be occupied by acute care
20 inpatients.
21 Section 9. Paragraph (c) of subsection (1) of section
22 395.701, Florida Statutes, is amended to read:
23 395.701 Annual assessments on net operating revenues
24 for inpatient and outpatient services to fund public medical
25 assistance; administrative fines for failure to pay
26 assessments when due; exemption.--
27 (1) For the purposes of this section, the term:
28 (c) "Hospital" means a health care institution as
29 defined in s. 395.002(14)(13), but does not include any
30 hospital operated by the agency or the Department of
31 Corrections.
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1 Section 10. Paragraph (b) of subsection (1) of section
2 400.051, Florida Statutes, is amended to read:
3 400.051 Homes or institutions exempt from the
4 provisions of this part.--
5 (1) The following shall be exempt from the provisions
6 of this part:
7 (b) Any hospital, as defined in s. 395.002(12)(11),
8 that is licensed under chapter 395.
9 Section 11. Section 401.23, Florida Statutes, is
10 amended to read:
11 401.23 Definitions.--As used in this part, the term:
12 (1) "Advanced life support" means the use of skills
13 and techniques described in the most recent U.S. DOT National
14 Standard Paramedic Curriculum by a paramedic under the
15 supervision of a licensee's medical director as required by
16 rules of the department. The term "advanced life support" also
17 includes other techniques which have been approved and are
18 performed under conditions specified by rules of the
19 department. The term "advanced life support" also includes
20 provision of care by a paramedic under the supervision of a
21 licensee's medical director to one experiencing an emergency
22 medical condition as defined herein. "Advanced life support"
23 means treatment of life-threatening medical emergencies
24 through the use of techniques such as endotracheal intubation,
25 the administration of drugs or intravenous fluids, telemetry,
26 cardiac monitoring, and cardiac defibrillation by a qualified
27 person, pursuant to rules of the department.
28 (2) "Advanced life support service" means any
29 emergency medical transport or nontransport service which uses
30 advanced life support techniques.
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1 (3) "Air ambulance" means any fixed-wing or
2 rotary-wing aircraft used for, or intended to be used for, air
3 transportation of sick or injured persons requiring or likely
4 to require medical attention during transport.
5 (4) "Air ambulance service" means any publicly or
6 privately owned service, licensed in accordance with the
7 provisions of this part, which operates air ambulances to
8 transport persons requiring or likely to require medical
9 attention during transport.
10 (5) "Ambulance" or "emergency medical services
11 vehicle" means any privately or publicly owned land or water
12 vehicle that is designed, constructed, reconstructed,
13 maintained, equipped, or operated for, and is used for, or
14 intended to be used for, land or water transportation of sick
15 or injured persons requiring or likely to require medical
16 attention during transport.
17 (6) "Ambulance driver" means any person who meets the
18 requirements of s. 401.281.
19 (7) "Basic life support" means the use of skills and
20 techniques described in the most recent U.S. DOT National
21 Standard EMT-Basic Curriculum by an emergency medical
22 technician or paramedic under the supervision of a licensee's
23 medical director as required by rules of the department. The
24 term "basic life support" also includes other techniques which
25 have been approved and are performed under conditions
26 specified by rules of the department. The term "basic life
27 support" also includes provision of care by a paramedic or
28 emergency medical technician under the supervision of a
29 licensee's medical director to one experiencing an emergency
30 medical condition as defined herein. "Basic life support"
31 means treatment of medical emergencies by a qualified person
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1 through the use of techniques such as patient assessment,
2 cardiopulmonary resuscitation (CPR), splinting, obstetrical
3 assistance, bandaging, administration of oxygen, application
4 of medical antishock trousers, administration of a
5 subcutaneous injection using a premeasured autoinjector of
6 epinephrine to a person suffering an anaphylactic reaction,
7 and other techniques described in the Emergency Medical
8 Technician Basic Training Course Curriculum of the United
9 States Department of Transportation. The term "basic life
10 support" also includes other techniques which have been
11 approved and are performed under conditions specified by rules
12 of the department.
13 (8) "Basic life support service" means any emergency
14 medical service which uses only basic life support techniques.
15 (9) "Certification" means any authorization issued
16 pursuant to this part to a person to act as an emergency
17 medical technician or a paramedic.
18 (10) "Department" means the Department of Health.
19 (11) "Emergency medical condition" means:
20 (a) A medical condition manifesting itself by acute
21 symptoms of sufficient severity, which may include severe
22 pain, psychiatric disturbances, symptoms of substance abuse,
23 or other acute symptoms, such that the absence of immediate
24 medical attention could reasonably be expected to result in
25 any of the following:
26 1. Serious jeopardy to patient health, including a
27 pregnant woman or fetus.
28 2. Serious impairment to bodily functions.
29 3. Serious dysfunction of any bodily organ or part.
30
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1 (b) With respect to a pregnant woman, that there is
2 evidence of the onset and persistence of uterine contractions
3 or rupture of the membranes.
4 (c) With respect to a person exhibiting acute
5 psychiatric disturbance or substance abuse, that the absence
6 of immediate medical attention could reasonably be expected to
7 result in:
8 1. Serious jeopardy to the health of a patient; or
9 2. Serious jeopardy to the health of others.
10 (12)(11) "Emergency medical technician" means a person
11 who is certified by the department to perform basic life
12 support pursuant to this part.
13 (13)(12) "Interfacility transfer" means the
14 transportation by ambulance of a patient between two
15 facilities licensed under chapter 393, chapter 395, or chapter
16 400, pursuant to this part.
17 (14)(13) "Licensee" means any basic life support
18 service, advanced life support service, or air ambulance
19 service licensed pursuant to this part.
20 (15)(14) "Medical direction" means direct supervision
21 by a physician through two-way voice communication or, when
22 such voice communication is unavailable, through established
23 standing orders, pursuant to rules of the department.
24 (16)(15) "Medical director" means a physician who is
25 employed or contracted by a licensee and who provides medical
26 supervision, including appropriate quality assurance but not
27 including administrative and managerial functions, for daily
28 operations and training pursuant to this part.
29 (17)(16) "Mutual aid agreement" means a written
30 agreement between two or more entities whereby the signing
31 parties agree to lend aid to one another under conditions
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1 specified in the agreement and as sanctioned by the governing
2 body of each affected county.
3 (18)(17) "Paramedic" means a person who is certified
4 by the department to perform basic and advanced life support
5 pursuant to this part.
6 (19)(18) "Permit" means any authorization issued
7 pursuant to this part for a vehicle to be operated as a basic
8 life support or advanced life support transport vehicle or an
9 advanced life support nontransport vehicle providing basic or
10 advanced life support.
11 (20)(19) "Physician" means a practitioner who is
12 licensed under the provisions of chapter 458 or chapter 459.
13 For the purpose of providing "medical direction" as defined in
14 subsection (14) for the treatment of patients immediately
15 prior to or during transportation to a United States
16 Department of Veterans Affairs medical facility, "physician"
17 also means a practitioner employed by the United States
18 Department of Veterans Affairs.
19 (21)(20) "Registered nurse" means a practitioner who
20 is licensed to practice professional nursing pursuant to part
21 I of chapter 464.
22 (22)(21) "Secretary" means the Secretary of Health.
23 (23)(22) "Service location" means any permanent
24 location in or from which a licensee solicits, accepts, or
25 conducts business under this part.
26 Section 12. Subsections (9) and (10) of section
27 409.901, Florida Statutes, are amended to read:
28 409.901 Definitions; ss. 409.901-409.920.--As used in
29 ss. 409.901-409.920, except as otherwise specifically
30 provided, the term:
31 (9) "Emergency medical condition" means:
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1 (a) A medical condition manifesting itself by acute
2 symptoms of sufficient severity, which may include severe
3 pain, psychiatric disturbances, symptoms of substance abuse,
4 or other acute symptoms, such that the absence of immediate
5 medical attention could reasonably be expected to result in
6 any of the following:
7 1. Serious jeopardy to the health of a patient,
8 including a pregnant woman or a fetus.
9 2. Serious impairment to bodily functions.
10 3. Serious dysfunction of any bodily organ or part.
11 (b) With respect to a pregnant woman:
12 1. That there is inadequate time to effect safe
13 transfer to another hospital prior to delivery.
14 2. That a transfer may pose a threat to the health and
15 safety of the patient or fetus.
16 3. That there is evidence of the onset and persistence
17 of uterine contractions or rupture of the membranes.
18 (c) With respect to a person exhibiting acute
19 psychiatric disturbance or substance abuse, or taken into
20 custody and delivered to a hospital under a court ex parte
21 order for examination or placed by an authorized party for
22 involuntary examination in accordance with chapter 394 or
23 chapter 397, that the absence of immediate medical attention
24 could reasonably be expected to result in:
25 1. Serious jeopardy to the health of a patient; or
26 2. Serious jeopardy to the health of others.
27 (10) "Emergency services and care" means medical
28 screening, examination, and evaluation by a physician, or, to
29 the extent permitted by applicable laws, by other appropriate
30 personnel under the supervision of a physician, to determine
31 whether an emergency medical condition exists and, if it does,
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1 the care, treatment, including an inpatient admission, or
2 surgery for a covered service by a physician which is
3 necessary to stabilize relieve or eliminate the emergency
4 medical condition, within the service capability of a
5 hospital.
6 Section 13. Subsection (8) of section 409.905, Florida
7 Statutes, is amended to read:
8 409.905 Mandatory Medicaid services.--The agency may
9 make payments for the following services, which are required
10 of the state by Title XIX of the Social Security Act,
11 furnished by Medicaid providers to recipients who are
12 determined to be eligible on the dates on which the services
13 were provided. Any service under this section shall be
14 provided only when medically necessary and in accordance with
15 state and federal law. Mandatory services rendered by
16 providers in mobile units to Medicaid recipients may be
17 restricted by the agency. Nothing in this section shall be
18 construed to prevent or limit the agency from adjusting fees,
19 reimbursement rates, lengths of stay, number of visits, number
20 of services, or any other adjustments necessary to comply with
21 the availability of moneys and any limitations or directions
22 provided for in the General Appropriations Act or chapter 216.
23 (8) NURSING FACILITY SERVICES.--The agency shall pay
24 for 24-hour-a-day nursing and rehabilitative services for a
25 recipient in a nursing facility licensed under part II of
26 chapter 400 or in a rural hospital, as defined in s. 395.602,
27 or in a Medicare certified skilled nursing facility operated
28 by a hospital, as defined by s. 395.002(12)(11), that is
29 licensed under part I of chapter 395, and in accordance with
30 provisions set forth in s. 409.908(2)(a), which services are
31 ordered by and provided under the direction of a licensed
19
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1 physician. However, if a nursing facility has been destroyed
2 or otherwise made uninhabitable by natural disaster or other
3 emergency and another nursing facility is not available, the
4 agency must pay for similar services temporarily in a hospital
5 licensed under part I of chapter 395 provided federal funding
6 is approved and available.
7 Section 14. Section 409.9128, Florida Statutes, is
8 amended to read:
9 409.9128 Requirements for providing emergency services
10 and care.--
11 (1) Emergency services and care is a covered service.
12 In providing for emergency services and care as a covered
13 service, neither a managed care plan nor the MediPass program
14 may:
15 (a) Require prior authorization for the receipt of
16 prehospital transport or treatment or for the provision of
17 emergency services and care.
18 (b) Indicate that emergencies are covered only if care
19 is secured within a certain period of time or from a health
20 care provider that has a contract with the managed care plan
21 or MediPass program.
22 (c) Use terms such as "life threatening" or "bona
23 fide" to qualify the kind of emergency that is covered.
24 (d) Deny payment based on the enrollee's or the
25 hospital's failure to notify the managed care plan or MediPass
26 primary care provider in advance or within a certain period of
27 time after the care is given or to obtain care from a health
28 care provider that has a contract with the managed care plan.
29 (2) Prehospital and hospital-based trauma services and
30 emergency services and care must be provided as a covered
31
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1 service to an enrollee of a managed care plan or the MediPass
2 program as required under ss. 395.1041, 395.4045, and 401.45.
3 (3)(a) When an enrollee is present at a hospital
4 seeking emergency services and care, the determination as to
5 whether an emergency medical condition, as defined in s.
6 409.901, exists shall be made, for the purposes of treatment,
7 by a physician of the hospital or, to the extent permitted by
8 applicable law, by other appropriate licensed professional
9 hospital personnel under the supervision of the hospital
10 physician. The physician or the appropriate personnel shall
11 indicate in the patient's chart the results of the screening,
12 examination, and evaluation. The managed care plan or the
13 Medicaid program on behalf of MediPass patients shall
14 compensate the provider for the screening, evaluation, and
15 examination that is required by law to determine reasonably
16 calculated to assist the health care provider in arriving at a
17 determination as to whether the patient's condition is an
18 emergency medical condition and shall not deny payment if an
19 emergency medical condition is not found to exist. When an
20 emergency medical condition does exist, the managed care plan
21 or the Medicaid program on behalf of MediPass patients shall
22 compensate the provider for all emergency services and care
23 and any medically necessary followup care provided in
24 accordance with this subsection. If a determination is made
25 that an emergency medical condition does not exist, payment
26 for services rendered subsequent to that determination is
27 governed by the managed care plan's contract with the agency.
28 (b) If a determination has been made that an emergency
29 medical condition exists and the enrollee has notified the
30 hospital, or the hospital emergency personnel otherwise has
31 knowledge that the patient is an enrollee of the managed care
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1 plan or the MediPass program, the hospital must make a
2 reasonable attempt to notify the enrollee's primary care
3 physician, if known, or the managed care plan, if the managed
4 care plan had previously requested in writing that the
5 notification be made directly to the managed care plan, of the
6 existence of the emergency medical condition. If the primary
7 care physician is not known, or has not been contacted, the
8 hospital must:
9 1. Notify the managed care plan or the MediPass
10 provider as soon as possible prior to discharge of the
11 enrollee from the emergency care area; or
12 2. Notify the managed care plan or the MediPass
13 provider within 24 hours or on the next business day after
14 admission of the enrollee as an inpatient to the hospital.
15
16 If notification required by this paragraph is not
17 accomplished, the hospital must document its attempts to
18 notify the managed care plan or the MediPass provider or the
19 circumstances that precluded attempts to notify the managed
20 care plan or the MediPass provider. Neither a managed care
21 plan nor the Medicaid program on behalf of MediPass patients
22 may deny payment for emergency services and care based on a
23 hospital's failure to comply with the notification
24 requirements of this paragraph.
25 (c) The physician who provides the care, treatment, or
26 surgery necessary to stabilize the emergency medical condition
27 may, at his or her sole discretion, continue to care for the
28 patient for the duration of the patient's hospital stay and
29 for any medically necessary followup or may transfer care of
30 the patient, in accordance with state and federal laws, to a
31 provider that has a contract with the managed care plan or
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1 MediPass provider. If the enrollee's primary care physician
2 responds to the notification, the hospital physician and the
3 primary care physician may discuss the appropriate care and
4 treatment of the enrollee. The managed care plan may have a
5 member of the hospital staff with whom it has a contract
6 participate in the treatment of the enrollee within the scope
7 of the physician's hospital staff privileges. The enrollee
8 may be transferred, in accordance with state and federal law,
9 to a hospital that has a contract with the managed care plan
10 and has the service capability to treat the enrollee's
11 emergency medical condition. Notwithstanding any other state
12 law, a hospital may request and collect insurance or financial
13 information from a patient in accordance with federal law,
14 which is necessary to determine if the patient is an enrollee
15 of a managed care plan or the MediPass program, if emergency
16 services and care are not delayed.
17 (4) Nothing in this section is intended to prohibit or
18 limit application of a nominal copayment as provided in s.
19 409.9081 for the use of an emergency room for services other
20 than emergency services and care.
21 (5) Reimbursement amounts for services provided to an
22 enrollee of a managed care plan under this section shall be
23 governed by the terms of the contract with the provider if
24 such contract exists. Reimbursement amounts for services under
25 this section by a provider that who does not have a contract
26 with the managed care plan shall be the lesser of:
27 (a) The provider's charges;
28 (b) For nonhospital providers, the usual and customary
29 provider charges for similar services in the community where
30 the services were provided;
31
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1 (c) The charge mutually agreed to by the entity and
2 the provider within 35 60 days after submittal of the claim;
3 or
4 (d) The Medicaid rate.
5 (6) The provisions of this section may not be waived,
6 voided, or nullified by contract.
7 Section 15. Paragraph (l) of subsection (1) of section
8 468.505, Florida Statutes, is amended to read:
9 468.505 Exemptions; exceptions.--
10 (1) Nothing in this part may be construed as
11 prohibiting or restricting the practice, services, or
12 activities of:
13 (l) A person employed by a nursing facility exempt
14 from licensing under s. 395.002(14)(13), or a person exempt
15 from licensing under s. 464.022.
16 Section 16. Section 627.6053, Florida Statutes, is
17 created to read:
18 627.6053 Requirements for providing emergency services
19 and care.--
20 (1) An individual, group, blanket, or franchise health
21 insurance policy governed by this chapter, including a health
22 benefit plan issued pursuant to s. 627.6699, must provide
23 coverage for hospital emergency services and care pursuant to
24 this section.
25 (2) As used in this section, the term:
26 (a) "Emergency medical condition" means:
27 1. A medical condition manifesting itself by acute
28 symptoms of sufficient severity, which may include severe
29 pain, psychiatric disturbances, symptoms of substance abuse,
30 or other acute symptoms, such that the absence of immediate
31
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1 medical attention could reasonably be expected to result in
2 any of the following:
3 a. Serious jeopardy to the health of a patient,
4 including a pregnant woman or a fetus.
5 b. Serious impairment to bodily functions.
6 c. Serious dysfunction of any bodily organ or part.
7 2. With respect to a pregnant woman:
8 a. That there is inadequate time to effect safe
9 transfer to another hospital prior to delivery;
10 b. That a transfer may pose a threat to the health and
11 safety of the patient or fetus; or
12 c. That there is evidence of the onset and persistence
13 of uterine contractions or rupture of the membranes.
14 3. With respect to a person exhibiting acute
15 psychiatric disturbance or substance abuse, or taken into
16 custody and delivered to a hospital under a court ex parte
17 order for examination or placed by an authorized party for
18 involuntary examination in accordance with chapter 394 or
19 chapter 397, that the absence of immediate medical attention
20 could reasonably be expected to result in:
21 a. Serious jeopardy to the health of a patient; or
22 b. Serious jeopardy to the health of others.
23 (b) "Emergency services and care" means medical
24 screening, examination, and evaluation by a physician, or, to
25 the extent permitted by applicable law, by other appropriate
26 personnel under the supervision of a physician, to determine
27 if an emergency medical condition exists and, if it does, the
28 care, treatment, including an inpatient admission, or surgery
29 for a covered service by a physician necessary to stabilize
30 the emergency medical condition, within the service capability
31 of a hospital.
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1 (c) "Provider" means any physician, hospital, or other
2 institution, organization, or person that furnishes health
3 care services and is licensed or otherwise authorized to
4 practice in the state.
5 (3) Emergency services and care is a covered service.
6 In providing for emergency services and care as a covered
7 service, a health insurer may not:
8 (a) Require prior authorization for the receipt of
9 prehospital transport or treatment or for the provision of
10 emergency services and care.
11 (b) Indicate that emergencies are covered only if care
12 is secured within a certain period of time or from a health
13 care provider who has a contract with the health insurer.
14 (c) Use terms such as "life threatening" or "bona
15 fide" to qualify the kind of emergency that is covered.
16 (d) Deny payment based on the insured's failure to
17 notify the health insurer in advance of seeking treatment or
18 within a certain period after the care is given or to obtain
19 care from a health care provider that has a contract with the
20 health insurer.
21 (4) Prehospital and hospital-based trauma services and
22 emergency services and care must be provided as a covered
23 service to an insured as required under ss. 395.1041,
24 395.4045, and 401.45.
25 (5)(a) When an insured is present at a hospital
26 seeking emergency services and care, the determination as to
27 whether an emergency medical condition exists shall be made,
28 for the purposes of treatment, by a physician of the hospital
29 or, to the extent permitted by applicable law, by other
30 appropriate licensed professional hospital personnel under the
31 supervision of the hospital physician. The physician or the
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1 appropriate personnel shall indicate in the patient's chart
2 the results of the screening, examination, and evaluation.
3 The health insurer shall compensate the provider for the
4 screening, evaluation, and examination that is required by law
5 to determine whether the patient's condition is an emergency
6 medical condition and shall not deny payment if an emergency
7 medical condition is not found to exist. When an emergency
8 medical condition does exist, the health insurer shall
9 compensate the provider for all emergency services and care
10 and any medically necessary followup care provided in
11 accordance with this subsection.
12 (b) If a determination has been made that an emergency
13 medical condition exists and the insured has notified the
14 hospital, or the hospital emergency personnel otherwise has
15 knowledge that the patient has health insurance, the hospital
16 must make a reasonable attempt to notify the insurer of the
17 existence of the emergency medical condition. The hospital
18 must:
19 1. Notify the health insurer as soon as possible prior
20 to discharge of the insured from the emergency care area; or
21 2. Notify the health insurer within 24 hours or on the
22 next business day after admission of the insured as an
23 inpatient to the hospital.
24
25 If notification required by this paragraph is not
26 accomplished, the hospital must document its attempts to
27 notify the health insurer of the circumstances that precluded
28 attempts to notify the health insurer. A health insurer may
29 not deny payment for emergency services and care based on a
30 hospital's failure to comply with the notification
31 requirements of this paragraph. This paragraph does not alter
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1 any contractual responsibility of an insured to make contact
2 with a health insurer, subsequent to receiving treatment for
3 the emergency medical condition.
4 (c) The physician who provides the care, treatment, or
5 surgery necessary to stabilize the emergency medical condition
6 may, at his or her sole discretion, continue to provide care
7 to the patient for the duration of the patient's hospital stay
8 and for any medically necessary followup or may transfer care
9 of the patient, in accordance with state and federal laws, to
10 a provider that has a contract with the health insurer.
11 (6) Reimbursement amounts for services under this
12 section shall be governed by the terms of the contract with
13 the provider if such contract exists. Reimbursement amounts
14 for services under this section by a provider that does not
15 have a contract with the health insurer shall be the lesser
16 of:
17 (a) The provider's charges;
18 (b) For nonhospital providers, the usual and customary
19 provider charges for similar services in the community where
20 the services were provided; or
21 (c) The charge mutually agreed to by the health
22 insurer and the provider within 35 days after the submittal of
23 the claim.
24 (7) This section shall govern the provision of
25 emergency services and care pursuant to a policy subject to s.
26 627.6471 or s. 627.6472.
27 (8) The provisions of this section may not be waived,
28 voided, or nullified by contract.
29 Section 17. Subsection (7) of section 641.19, Florida
30 Statutes, is amended to read:
31 641.19 Definitions.--As used in this part, the term:
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1 (7) "Emergency medical condition" means:
2 (a) A medical condition manifesting itself by acute
3 symptoms of sufficient severity, which may include severe
4 pain, psychiatric disturbances, symptoms of substance abuse,
5 or other acute symptoms, such that the absence of immediate
6 medical attention could reasonably be expected to result in
7 any of the following:
8 1. Serious jeopardy to the health of a patient,
9 including a pregnant woman or a fetus.
10 2. Serious impairment to bodily functions.
11 3. Serious dysfunction of any bodily organ or part.
12 (b) With respect to a pregnant woman:
13 1. That there is inadequate time to effect safe
14 transfer to another hospital prior to delivery;
15 2. That a transfer may pose a threat to the health and
16 safety of the patient or fetus; or
17 3. That there is evidence of the onset and persistence
18 of uterine contractions or rupture of the membranes.
19 (c) With respect to a person exhibiting acute
20 psychiatric disturbance or substance abuse, or taken into
21 custody and delivered to a hospital under a court ex parte
22 order for examination or placed by an authorized party for
23 involuntary examination in accordance with chapter 394 or
24 chapter 397, that the absence of immediate medical attention
25 could reasonably be expected to result in:
26 1. Serious jeopardy to the health of a patient; or
27 2. Serious jeopardy to the health of others.
28 Section 18. Subsections (7) and (8) of section 641.47,
29 Florida Statutes, are amended to read:
30 641.47 Definitions.--As used in this part, the term:
31 (7) "Emergency medical condition" means:
29
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1 (a) A medical condition manifesting itself by acute
2 symptoms of sufficient severity, which may include severe
3 pain, psychiatric disturbances, symptoms of substance abuse,
4 or other acute symptoms, such that the absence of immediate
5 medical attention could reasonably be expected to result in
6 any of the following:
7 1. Serious jeopardy to the health of a patient,
8 including a pregnant woman or a fetus.
9 2. Serious impairment to bodily functions.
10 3. Serious dysfunction of any bodily organ or part.
11 (b) With respect to a pregnant woman:
12 1. That there is inadequate time to effect safe
13 transfer to another hospital prior to delivery;
14 2. That a transfer may pose a threat to the health and
15 safety of the patient or fetus; or
16 3. That there is evidence of the onset and persistence
17 of uterine contractions or rupture of the membranes.
18 (c) With respect to a person exhibiting acute
19 psychiatric disturbance or substance abuse, or taken into
20 custody and delivered to a hospital under a court ex parte
21 order for examination or placed by authorized party for
22 involuntary examination in accordance with chapter 394 or
23 chapter 397, that the absence of immediate medical attention
24 could reasonably be expected to result in:
25 1. Serious jeopardy to the health of a patient; or
26 2. Serious jeopardy to the health of others.
27 (8) "Emergency services and care" means medical
28 screening, examination, and evaluation by a physician or, to
29 the extent permitted by applicable law, by other appropriate
30 personnel under the supervision of a physician, to determine
31 if an emergency medical condition exists, and if it does, the
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1 care, treatment, including an inpatient admission, or surgery
2 for a covered service by a physician necessary to relieve or
3 eliminate the emergency medical condition within the service
4 capability of a hospital.
5 Section 19. Section 641.513, Florida Statutes, is
6 amended to read:
7 641.513 Requirements for providing emergency services
8 and care.--
9 (1) Emergency services and care is a covered service.
10 In providing for emergency services and care as a covered
11 service, a health maintenance organization may not:
12 (a) Require prior authorization for the receipt of
13 prehospital transport or treatment or for the provision of
14 emergency services and care.
15 (b) Indicate that emergencies are covered only if care
16 is secured within a certain period of time or from a health
17 care provider that has a contract with the health maintenance
18 organization.
19 (c) Use terms such as "life threatening" or "bona
20 fide" to qualify the kind of emergency that is covered.
21 (d) Deny payment based on the subscriber's failure to
22 notify the health maintenance organization in advance of
23 seeking treatment or within a certain period of time after the
24 care is given or to obtain care from a health care provider
25 that does not have a contract with the health maintenance
26 organization.
27 (2) Prehospital and hospital-based trauma services and
28 emergency services and care must be provided as a covered
29 service to a subscriber of a health maintenance organization
30 as required under ss. 395.1041, 395.4045, and 401.45.
31
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1 (3)(a) When a subscriber is present at a hospital
2 seeking emergency services and care, the determination as to
3 whether an emergency medical condition, as defined in s.
4 641.47, exists shall be made, for the purposes of treatment,
5 by a physician of the hospital or, to the extent permitted by
6 applicable law, by other appropriate licensed professional
7 hospital personnel under the supervision of the hospital
8 physician. The physician or the appropriate personnel shall
9 indicate in the patient's chart the results of the screening,
10 examination, and evaluation. The health maintenance
11 organization shall compensate the provider for the screening,
12 evaluation, and examination that is required by law to
13 determine reasonably calculated to assist the health care
14 provider in arriving at a determination as to whether the
15 patient's condition is an emergency medical condition and
16 shall not deny payment if an emergency medical condition is
17 not found to exist. When an emergency medical condition does
18 exist, the health maintenance organization shall compensate
19 the provider for all emergency services and care and any
20 medically necessary followup care provided in accordance with
21 this subsection. If a determination is made that an emergency
22 medical condition does not exist, payment for services
23 rendered subsequent to that determination is governed by the
24 contract under which the subscriber is covered.
25 (b) If a determination has been made that an emergency
26 medical condition exists and the subscriber has notified the
27 hospital, or the hospital emergency personnel otherwise have
28 knowledge that the patient is a subscriber of the health
29 maintenance organization, the hospital must make a reasonable
30 attempt to notify the subscriber's primary care physician, if
31 known, or the health maintenance organization, if the health
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1 maintenance organization had previously requested in writing
2 that the notification be made directly to the health
3 maintenance organization, of the existence of the emergency
4 medical condition. If the primary care physician is not
5 known, or has not been contacted, the hospital must:
6 1. Notify the health maintenance organization as soon
7 as possible prior to discharge of the subscriber from the
8 emergency care area; or
9 2. Notify the health maintenance organization within
10 24 hours or on the next business day after admission of the
11 subscriber as an inpatient to the hospital.
12
13 If notification required by this paragraph is not
14 accomplished, the hospital must document its attempts to
15 notify the health maintenance organization of the
16 circumstances that precluded attempts to notify the health
17 maintenance organization. A health maintenance organization
18 may not deny payment for emergency services and care based on
19 a hospital's failure to comply with the notification
20 requirements of this paragraph. Nothing in this paragraph
21 shall alter any contractual responsibility of a subscriber to
22 make contact with the health maintenance organization,
23 subsequent to receiving treatment for the emergency medical
24 condition.
25 (c) The physician who provides the care, treatment, or
26 surgery necessary to stabilize the emergency medical condition
27 may, at his or her sole discretion, continue to provide care
28 to the patient for the duration of the patient's hospital stay
29 and for any medically necessary followup, or may transfer care
30 of the patient, in accordance with state and federal law, to a
31 provider that has a contract with the health maintenance
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1 organization. If the subscriber's primary care physician
2 responds to the notification, the hospital physician and the
3 primary care physician may discuss the appropriate care and
4 treatment of the subscriber. The health maintenance
5 organization may have a member of the hospital staff with whom
6 it has a contract participate in the treatment of the
7 subscriber within the scope of the physician's hospital staff
8 privileges. The subscriber may be transferred, in accordance
9 with state and federal law, to a hospital that has a contract
10 with the health maintenance organization and has the service
11 capability to treat the subscriber's emergency medical
12 condition. Notwithstanding any other state law, a hospital may
13 request and collect insurance or financial information from a
14 patient in accordance with federal law, which is necessary to
15 determine if the patient is a subscriber of a health
16 maintenance organization, if emergency services and care are
17 not delayed.
18 (4) A subscriber may be charged a reasonable
19 copayment, as provided in s. 641.31(12), for the use of an
20 emergency room.
21 (5) Reimbursement amounts for services pursuant to
22 this section shall be governed by the terms of the contract
23 with the provider if such contract exists. Reimbursement
24 amounts for services pursuant to this section by a provider
25 that who does not have a contract with the health maintenance
26 organization shall be the lesser of:
27 (a) The provider's charges;
28 (b) For nonhospital providers, the usual and customary
29 provider charges for similar services in the community where
30 the services were provided; or
31
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1 (c) The charge mutually agreed to by the health
2 maintenance organization and the provider within 35 60 days
3 after of the submittal of the claim.
4
5 Such reimbursement shall be net of any applicable copayment
6 authorized pursuant to subsection (4).
7 (6) Reimbursement amounts for services under this
8 section provided to subscribers who are Medicaid recipients
9 shall be governed by the terms of the contract with the
10 provider. Reimbursement amounts for services under this
11 section by a provider when for whom no contract exists between
12 the provider and the health maintenance organization shall be
13 the lesser of:
14 (a) The provider's charges;
15 (b) For nonhospital providers, the usual and customary
16 provider charges for similar services in the community where
17 the services were provided;
18 (c) The charge mutually agreed to by the entity and
19 the provider within 35 60 days after submittal of the claim;
20 or
21 (d) The Medicaid rate.
22 (7) The provisions of this section may not be waived,
23 voided, or nullified by contract.
24 Section 20. Paragraph (b) of subsection (2) of section
25 812.014, Florida Statutes, is amended to read:
26 812.014 Theft.--
27 (2)
28 (b)1. If the property stolen is valued at $20,000 or
29 more, but less than $100,000;
30 2. The property stolen is cargo valued at less than
31 $50,000 that has entered the stream of interstate or
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1 intrastate commerce from the shipper's loading platform to the
2 consignee's receiving dock; or
3 3. The property stolen is emergency medical equipment,
4 valued at $300 or more, that is taken from a facility licensed
5 under chapter 395 or from an aircraft or vehicle permitted
6 under chapter 401,
7
8 the offender commits grand theft in the second degree,
9 punishable as a felony of the second degree, as provided in s.
10 775.082, s. 775.083, or s. 775.084. Emergency medical
11 equipment means mechanical or electronic apparatus used to
12 provide emergency services and care as defined in s.
13 395.002(11)(10) or to treat medical emergencies.
14 Section 21. This act shall take effect July 1, 2002.
15
16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 SB 1490
18
The Committee Substitute differs from SB 1490 in the following ways:
19
New requirements are established for hospital licensure
20 inspections and investigations by AHCA.
21 The limitation on the number of programs for which an internal
risk manager could be responsible is removed. Only a risk
22 manager licensed and employed by AHCA may conduct inspections
for compliance with s. 395.0197, F.S.
23
A representative of the Florida Statutory Teaching Hospital
24 Council will serve on the workgroup convened by AHCA to
recommend statutory changes regarding services a hospital
25 would be required to perform.
26 The definitions of advanced life support and basic life
support do not include services for persons with psychiatric
27 disturbance or symptoms of substance abuse.
28 The curriculums for advanced life support and basic life
support will be the current U.S. DOT curriculums for
29 paramedics and emergency medical technicians, respectively.
30 Emergency services and care may include an inpatient
admission.
31
The bill does not contain an appropriation.
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