SENATE AMENDMENT
    Bill No. CS/HB 507, 2nd Eng.
    Amendment No. ___   Barcode 600210
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment to amendment
12  (455272):
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14         Senate Amendment (with title amendment) 
15         On page 97, between lines 23 and 24,
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17  insert:  
18         Section 80.  Subsections (9) and (10) are added to
19  section 766.302, Florida Statutes, to read:
20         766.302  Definitions; ss. 766.301-766.316.--As used in
21  ss. 766.301-766.316, the term:
22         (9)  "Family member" means a father, mother, or legal
23  guardian.
24         (10)  "Family residential or custodial care" means care
25  normally rendered by trained professional attendants which is
26  beyond the scope of child care duties, but which is provided
27  by family members. Family members who provide nonprofessional
28  residential or custodial care may not be compensated under
29  this act for care that falls within the scope of child care
30  duties and other services normally and gratuitously provided
31  by family members. Family residential or custodial care shall
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    8:20 PM   03/22/02                              h0507c1c-10101

SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 600210 1 be performed only at the direction and control of a physician 2 when such care is medically necessary. Reasonable charges for 3 expenses for family residential or custodial care provided by 4 a family member shall be determined as follows: 5 (a) If the family member is not employed, the per-hour 6 value equals the federal minimum hourly wage. 7 (b) If the family member is employed and elects to 8 leave that employment to provide such care, the per-hour value 9 of that care shall equal the rates established by Medicaid for 10 private-duty services provided by a home health aide. A family 11 member or a combination of family members providing care in 12 accordance with this definition may not be compensated for 13 more than a total of 10 hours per day. Family care is in lieu 14 of professional residential or custodial care, and no 15 professional residential or custodial care may be awarded for 16 the period of time during the day that family care is being 17 provided. 18 (c) The award of family residential or custodial care 19 as defined in this section shall not be included in the 20 current estimates for purposes of s. 766.314(9)(c). 21 Section 81. Paragraph (a) of subsection (1) of section 22 766.31, Florida Statutes, is amended to read: 23 766.31 Administrative law judge awards for 24 birth-related neurological injuries; notice of award.-- 25 (1) Upon determining that an infant has sustained a 26 birth-related neurological injury and that obstetrical 27 services were delivered by a participating physician at the 28 birth, the administrative law judge shall make an award 29 providing compensation for the following items relative to 30 such injury: 31 (a) Actual expenses for medically necessary and 2 8:20 PM 03/22/02 h0507c1c-10101
SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 600210 1 reasonable medical and hospital, habilitative and training, 2 family residential or custodial care, professional 3 residential, and custodial care and service, for medically 4 necessary drugs, special equipment, and facilities, and for 5 related travel. However, such expenses shall not include: 6 1. Expenses for items or services that the infant has 7 received, or is entitled to receive, under the laws of any 8 state or the Federal Government, except to the extent such 9 exclusion may be prohibited by federal law. 10 2. Expenses for items or services that the infant has 11 received, or is contractually entitled to receive, from any 12 prepaid health plan, health maintenance organization, or other 13 private insuring entity. 14 3. Expenses for which the infant has received 15 reimbursement, or for which the infant is entitled to receive 16 reimbursement, under the laws of any state or the Federal 17 Government, except to the extent such exclusion may be 18 prohibited by federal law. 19 4. Expenses for which the infant has received 20 reimbursement, or for which the infant is contractually 21 entitled to receive reimbursement, pursuant to the provisions 22 of any health or sickness insurance policy or other private 23 insurance program. 24 25 Expenses included under this paragraph shall be limited to 26 reasonable charges prevailing in the same community for 27 similar treatment of injured persons when such treatment is 28 paid for by the injured person. 29 Section 82. Paragraph (c) of subsection (4) of section 30 766.314, Florida Statutes, is amended to read: 31 766.314 Assessments; plan of operation.-- 3 8:20 PM 03/22/02 h0507c1c-10101
SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 600210 1 (4) The following persons and entities shall pay into 2 the association an initial assessment in accordance with the 3 plan of operation: 4 (c) On or before December 1, 1988, each physician 5 licensed pursuant to chapter 458 or chapter 459 who wishes to 6 participate in the Florida Birth-Related Neurological Injury 7 Compensation Plan and who otherwise qualifies as a 8 participating physician under ss. 766.301-766.316 shall pay an 9 initial assessment of $5,000. However, if the physician is 10 either a resident physician, assistant resident physician, or 11 intern in an approved postgraduate training program, as 12 defined by the Board of Medicine or the Board of Osteopathic 13 Medicine by rule, and is supervised in accordance with program 14 requirements established by the Accreditation Council for 15 Graduate Medical Education by a physician who is participating 16 in the plan, such resident physician, assistant resident 17 physician, or intern is deemed to be a participating physician 18 without the payment of the assessment. Participating 19 physicians also include any employee of the Board of Regents 20 who has paid the assessment required by this paragraph and 21 paragraph (5)(a), and any certified nurse midwife supervised 22 by such employee. Participating physicians include any 23 certified nurse midwife who has paid 50 percent of the 24 physician assessment required by this paragraph and paragraph 25 (5)(a) and who is supervised by a participating physician who 26 has paid the assessment required by this paragraph and 27 paragraph (5)(a). Supervision shall require that the 28 supervising physician will be easily available and have a 29 prearranged plan of treatment for specified patient problems 30 which the supervised certified nurse midwife or physician may 31 carry out in the absence of any complicating features. Any 4 8:20 PM 03/22/02 h0507c1c-10101
SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 600210 1 physician who elects to participate in such plan on or after 2 January 1, 1989, who was not a participating physician at the 3 time of such election to participate and who otherwise 4 qualifies as a participating physician under ss. 5 766.301-766.316 shall pay an additional initial assessment 6 equal to the most recent assessment made pursuant to this 7 paragraph, paragraph (5)(a), or paragraph (7)(b). 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 107, line 21, after the semicolon, 15 16 insert: 17 amending s. 766.302, F.S.; defining the terms 18 "family member" and "family residential or 19 custodial care"; amending s. 766.31, F.S.; 20 authorizing compensation awards for 21 professional or family residential or custodial 22 care; amending s. 766.314, F.S.; revising 23 requirements for assessments used for certain 24 supervised personnel; 25 26 27 28 29 30 31 5 8:20 PM 03/22/02 h0507c1c-10101