Senate Bill sb2062c1

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    Florida Senate - 2002                           CS for SB 2062

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Klein




    317-2132-02

  1                      A bill to be entitled

  2         An act relating to infant eye care; amending s.

  3         383.04, F.S.; requiring certain eye

  4         examinations for all infants born in hospitals

  5         in the state; requiring the Medicaid program to

  6         include certain eye examinations as a covered

  7         benefit; reenacting s. 383.07, F.S., relating

  8         to a penalty; amending ss. 627.6416, 641.31,

  9         F.S.; providing that coverage for children

10         under health insurance policies and health

11         maintenance organization contracts include

12         certain eye examinations for infants and

13         children; providing an effective date.

14

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

16

17         Section 1.  Section 383.04, Florida Statutes, is

18  amended to read:

19         383.04  Prophylactic required for eyes of

20  infants.--Every physician, midwife, or other person in

21  attendance at the birth of a child in the state is required to

22  instill or have instilled into the eyes of the baby within 1

23  hour after birth an effective prophylactic recommended by the

24  Committee on Infectious Diseases of the American Academy of

25  Pediatrics for the prevention of neonatal ophthalmia. In

26  addition, every baby born in a hospital in the state shall

27  receive, prior to being discharged from the hospital, a

28  dilated pupillary red-reflex examination performed using a

29  direct ophthalmoscope as the light source for detection of

30  pediatric congenital and ocular abnormalities. This section

31  does not apply to cases where the parents file with the

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    Florida Senate - 2002                           CS for SB 2062
    317-2132-02




  1  physician, midwife, or other person in attendance at the birth

  2  of a child written objections on account of religious beliefs

  3  contrary to the use of drugs.  In such case the physician,

  4  midwife, or other person in attendance shall maintain a record

  5  that such measures were or were not employed and attach

  6  thereto any written objection.

  7         Section 2.  The initial examinations for detecting

  8  pediatric congenital and ocular abnormalities in the newborn

  9  or infant and any followup examinations required by law shall

10  be a covered benefit, reimbursable under Medicaid as an

11  expense compensated supplemental to the per diem rate for

12  Medicaid patients enrolled in MediPass or Medicaid patients

13  covered by a fee-for-service program. For Medicaid patients

14  enrolled in health maintenance organizations, providers shall

15  be reimbursed directly by the Medicaid Program Office at the

16  Medicaid rate. This service may not be considered a covered

17  service for the purposes of establishing the payment rate for

18  Medicaid health maintenance organizations. All health

19  insurance policies and health maintenance organizations as

20  provided under sections 627.6416, 627.6579, and 641.31(30),

21  Florida Statutes, except for supplemental policies that

22  provide coverage only for specific diseases, hospital

23  indemnity, or Medicare supplement, or for the supplemental

24  policies, shall compensate providers for the covered benefit.

25  Nonhospital-based providers are eligible to bill Medicaid for

26  the professional and technical component of each procedure

27  code.

28         Section 3.  Section 383.07, Florida Statutes, is

29  reenacted to read:

30         383.07  Penalty for violation.--Any person who fails to

31  comply with the provisions of ss. 383.04-383.06 shall be

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    Florida Senate - 2002                           CS for SB 2062
    317-2132-02




  1  guilty of a misdemeanor of the second degree, punishable as

  2  provided in s. 775.083.

  3         Section 4.  Paragraph (a) of subsection (2) of section

  4  627.6416, Florida Statutes, is amended to read:

  5         627.6416  Coverage for child health supervision

  6  services.--

  7         (2)  As used in this section, the term "child health

  8  supervision services" means physician-delivered or

  9  physician-supervised services that include, at a minimum,

10  services delivered at the intervals and scope stated in this

11  section.

12         (a)  Child health supervision services must include

13  periodic visits that which shall include a history, a physical

14  examination, a developmental assessment and anticipatory

15  guidance, and appropriate immunizations and laboratory tests,

16  and a dilated pupillary red-reflex examination performed using

17  a direct ophthalmoscope at birth or by 8 weeks of age when

18  birth occurs outside of the hospital setting; at 6 to 9 months

19  of age; and at 15 to 18 months of age for detection of

20  pediatric congenital and ocular abnormalities and

21  developmental abnormalities.  Such services and periodic

22  visits shall be provided in accordance with prevailing medical

23  standards consistent with the Recommendations for Preventive

24  Pediatric Health Care of the American Academy of Pediatrics.

25         Section 5.  Paragraph (b) of subsection (30) of section

26  641.31, Florida Statutes, is amended to read:

27         641.31  Health maintenance contracts.--

28         (30)

29         (b)  As used in this subsection, the term "child health

30  supervision services" means physician-delivered or

31  physician-supervised services that include, at a minimum,

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    Florida Senate - 2002                           CS for SB 2062
    317-2132-02




  1  services delivered at the intervals and scope stated in this

  2  subsection.

  3         1.  Child health supervision services must include

  4  periodic visits that which shall include a history, a physical

  5  examination, a developmental assessment and anticipatory

  6  guidance, and appropriate immunizations and laboratory tests,

  7  and a dilated pupillary red-reflex examination performed using

  8  a direct ophthalmoscope at birth or by 8 weeks of age when

  9  birth occurs outside of the hospital setting; at 6 to 9 months

10  of age; and at 15 to 18 months of age for detection of

11  pediatric congenital and ocular abnormalities and

12  developmental abnormalities.  Such services and periodic

13  visits shall be provided in accordance with prevailing medical

14  standards consistent with the Recommendations for Preventive

15  Pediatric Health Care of the American Academy of Pediatrics.

16         2.  Minimum benefits may be limited to one visit

17  payable to one provider for all of the services provided at

18  each visit cited in this subsection.

19         Section 6.  This act shall take effect July 1, 2002.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                             SB 2062

23

24  The Committee Substitute differs from SB 2062 in the following
    ways:
25
    1.  The eye examination must be given at birth to infants born
26  in the hospital and by 8 weeks of age to infants born outside
    the hospital setting; at 6 to 9 months of age; and at 15 to 18
27  months of age.

28  2.  The Medicaid program must cover the cost of the required
    eye exams.
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30

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