SENATE AMENDMENT
    Bill No. CS/HB 913, 2nd Eng.
    Amendment No. ___   Barcode 160830
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment to amendment
12  (913362):
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14         Senate Amendment (with title amendment) 
15         On page 79, between lines 14 and 15,
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17  insert:  
18         Section 27.  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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    9:36 AM   03/21/02                              h0913c1c-10105

SENATE AMENDMENT Bill No. CS/HB 913, 2nd Eng. Amendment No. ___ Barcode 160830 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 Section 28. Paragraph (a) of subsection (1) of section 19 766.31, Florida Statutes, is amended to read: 20 766.31 Administrative law judge awards for 21 birth-related neurological injuries; notice of award.-- 22 (1) Upon determining that an infant has sustained a 23 birth-related neurological injury and that obstetrical 24 services were delivered by a participating physician at the 25 birth, the administrative law judge shall make an award 26 providing compensation for the following items relative to 27 such injury: 28 (a) Actual expenses for medically necessary and 29 reasonable medical and hospital, habilitative and training, 30 family residential or custodial care, professional 31 residential, and custodial care and service, for medically 2 9:36 AM 03/21/02 h0913c1c-10105
SENATE AMENDMENT Bill No. CS/HB 913, 2nd Eng. Amendment No. ___ Barcode 160830 1 necessary drugs, special equipment, and facilities, and for 2 related travel. However, such expenses shall not include: 3 1. Expenses for items or services that the infant has 4 received, or is entitled to receive, under the laws of any 5 state or the Federal Government, except to the extent such 6 exclusion may be prohibited by federal law. 7 2. Expenses for items or services that the infant has 8 received, or is contractually entitled to receive, from any 9 prepaid health plan, health maintenance organization, or other 10 private insuring entity. 11 3. Expenses for which the infant has received 12 reimbursement, or for which the infant is entitled to receive 13 reimbursement, under the laws of any state or the Federal 14 Government, except to the extent such exclusion may be 15 prohibited by federal law. 16 4. Expenses for which the infant has received 17 reimbursement, or for which the infant is contractually 18 entitled to receive reimbursement, pursuant to the provisions 19 of any health or sickness insurance policy or other private 20 insurance program. 21 22 Expenses included under this paragraph shall be limited to 23 reasonable charges prevailing in the same community for 24 similar treatment of injured persons when such treatment is 25 paid for by the injured person. 26 Section 29. Paragraph (c) of subsection (4) of section 27 766.314, Florida Statutes, is amended to read: 28 766.314 Assessments; plan of operation.-- 29 (4) The following persons and entities shall pay into 30 the association an initial assessment in accordance with the 31 plan of operation: 3 9:36 AM 03/21/02 h0913c1c-10105
SENATE AMENDMENT Bill No. CS/HB 913, 2nd Eng. Amendment No. ___ Barcode 160830 1 (c) On or before December 1, 1988, each physician 2 licensed pursuant to chapter 458 or chapter 459 who wishes to 3 participate in the Florida Birth-Related Neurological Injury 4 Compensation Plan and who otherwise qualifies as a 5 participating physician under ss. 766.301-766.316 shall pay an 6 initial assessment of $5,000. However, if the physician is 7 either a resident physician, assistant resident physician, or 8 intern in an approved postgraduate training program, as 9 defined by the Board of Medicine or the Board of Osteopathic 10 Medicine by rule, and is supervised in accordance with program 11 requirements established by the Accreditation Council for 12 Graduate Medical Education by a physician who is participating 13 in the plan, such resident physician, assistant resident 14 physician, or intern is deemed to be a participating physician 15 without the payment of the assessment. Participating 16 physicians also include any employee of the Board of Regents 17 who has paid the assessment required by this paragraph and 18 paragraph (5)(a), and any certified nurse midwife supervised 19 by such employee. Participating physicians include any 20 certified nurse midwife who has paid 50 percent of the 21 physician assessment required by this paragraph and paragraph 22 (5)(a) and who is supervised by a participating physician who 23 has paid the assessment required by this paragraph and 24 paragraph (5)(a). Supervision shall require that the 25 supervising physician will be easily available and have a 26 prearranged plan of treatment for specified patient problems 27 which the supervised certified nurse midwife or physician may 28 carry out in the absence of any complicating features. Any 29 physician who elects to participate in such plan on or after 30 January 1, 1989, who was not a participating physician at the 31 time of such election to participate and who otherwise 4 9:36 AM 03/21/02 h0913c1c-10105
SENATE AMENDMENT Bill No. CS/HB 913, 2nd Eng. Amendment No. ___ Barcode 160830 1 qualifies as a participating physician under ss. 2 766.301-766.316 shall pay an additional initial assessment 3 equal to the most recent assessment made pursuant to this 4 paragraph, paragraph (5)(a), or paragraph (7)(b). 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 85, line 26, after the semicolon, 12 13 insert: 14 amending s. 766.302, F.S.; defining the terms 15 "family member" and "family residential or 16 custodial care"; amending s. 766.31, F.S.; 17 authorizing compensation awards for 18 professional or family residential or custodial 19 care; amending s. 766.314, F.S.; revising 20 requirements for assessments used for certain 21 supervised personnel; 22 23 24 25 26 27 28 29 30 31 5 9:36 AM 03/21/02 h0913c1c-10105