HB 0925 2003
1	A bill to be entitled
2	An act relating to health care services clinics; amending
3	s. 456.0375, F.S.; requiring each health care services
4	clinic required to be registered with the Department of
5	Health to employ or designate a clinic administrator;
6	requiring level 1 background screening; requiring the
7	clinic to pay for the screening; providing responsibility
8	and duties of the clinic administrator; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Section 456.0375, Florida Statutes, is amended
14	to read:
15	456.0375 Registration of certain clinics; requirements;
16	discipline; exemptions.--
17	(1)(a) As used in this section, the term "clinic" means a
18	business operating in a single structure or facility, or in a
19	group of adjacent structures or facilities operating under the
20	same business name or management, at which health care services
21	are provided to individuals and which tender charges for
22	reimbursement for such services.
23	(b) For purposes of this section, the term "clinic" does
24	not include and the registration requirements herein do not
25	apply to:
26	1. Entities licensed or registered by the state pursuant
27	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
28	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
29	480, or chapter 484.
30	2. Entities exempt from federal taxation under 26 U.S.C.
31	s. 501(c)(3).
32	3. Sole proprietorships, group practices, partnerships, or
33	corporations that provide health care services by licensed
34	health care practitioners pursuant to chapters 457, 458, 459,
35	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
36	part III, part X, part XIII, or part XIV of chapter 468, or s.
37	464.012, which are wholly owned by licensed health care
38	practitioners or the licensed health care practitioner and the
39	spouse, parent, or child of a licensed health care practitioner,
40	so long as one of the owners who is a licensed health care
41	practitioner is supervising the services performed therein and
42	is legally responsible for the entity's compliance with all
43	federal and state laws. However, no health care practitioner may
44	supervise services beyond the scope of the practitioner's
45	license.
46	(2)(a) Every clinic, as defined in paragraph (1)(a), must
47	register, and must at all times maintain a valid registration,
48	with the Department of Health. Each clinic location shall be
49	registered separately even though operated under the same
50	business name or management, and each clinic shall appoint a
51	medical director or clinical director.
52	(b) The department shall adopt rules necessary to
53	implement the registration program, including rules establishing
54	the specific registration procedures, forms, and fees.
55	Registration fees must be reasonably calculated to cover the
56	cost of registration and must be of such amount that the total
57	fees collected do not exceed the cost of administering and
58	enforcing compliance with this section. Registration may be
59	conducted electronically. The registration program must require:
60	1. The clinic to file the registration form with the
61	department within 60 days after the effective date of this
62	section or prior to the inception of operation. The registration
63	expires automatically 2 years after its date of issuance and
64	must be renewed biennially.
65	2. The registration form to contain the name, residence
66	and business address, phone number, and license number of the
67	medical director or clinical director for the clinic.
68	3. The clinic to display the registration certificate in a
69	conspicuous location within the clinic readily visible to all
70	patients.
71	(3)(a) Each clinic must employ or contract with a
72	physician maintaining a full and unencumbered physician license
73	in accordance with chapter 458, chapter 459, chapter 460, or
74	chapter 461 to serve as the medical director. However, if the
75	clinic is limited to providing health care services pursuant to
76	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
77	491 or part I, part III, part X, part XIII, or part XIV of
78	chapter 468, the clinic may appoint a health care practitioner
79	licensed under that chapter to serve as a clinical director who
80	is responsible for the clinic's activities. A health care
81	practitioner may not serve as the clinical director if the
82	services provided at the clinic are beyond the scope of that
83	practitioner's license.
84	(b) The medical director or clinical director shall agree
85	in writing to accept legal responsibility for the following
86	activities on behalf of the clinic. The medical director or the
87	clinical director shall:
88	1. Have signs identifying the medical director or clinical
89	director posted in a conspicuous location within the clinic
90	readily visible to all patients.
91	2. Ensure that all practitioners providing health care
92	services or supplies to patients maintain a current active and
93	unencumbered Florida license.
94	3. Review any patient referral contracts or agreements
95	executed by the clinic.
96	3.4.Ensure that all health care practitioners at the
97	clinic have active appropriate certification or licensure for
98	the level of care being provided.
99	5. Serve as the clinic records holder as defined in s.
100	456.057.
101	4.6. Ensure compliance with the recordkeeping,office
102	surgery,and adverse incident reporting requirements of this
103	chapter, the respective practice acts, and rules adopted
104	thereunder.
105	5.7. Conduct systematic reviews of clinic billings to
106	ensure that the billings are not fraudulent or unlawful.Upon
107	discovery of an unlawful charge, the medical director shalltake
108	immediate corrective action.
109	(c) Any contract to serve as a medical director or a
110	clinical director entered into or renewed by a physician or a
111	licensed health care practitioner in violation of this section
112	is void as contrary to public policy. This paragraphsection
113	shall apply to contracts entered into or renewed on or after
114	October 1, 2001.
115	(d) The department, in consultation with the boards, shall
116	adopt rules specifying limitations on the number of registered
117	clinics and licensees for which a medical director or a clinical
118	director may assume responsibility for purposes of this section.
119	In determining the quality of supervision a medical director or
120	a clinical director can provide, the department shall consider
121	the number of clinic employees, clinic location, and services
122	provided by the clinic.
123	(4)(a) Each clinic must employ or designate a clinic
124	administrator, who shall meet level 1 screening standards as
125	specified in s. 435.03. The clinic is responsible for paying the
126	costs of the screening.
127	(b) The clinic administrator shall agree in writing to
128	accept legal responsibility for the following activities on
129	behalf of the clinic. The clinic administrator shall:
130	1. Review all patient referral contracts or agreements
131	executed by the clinic.
132	2. Serve as the clinic records holder for purposes of s.
133	456.057.
134	3. Ensure compliance with the recordkeeping requirements
135	of this chapter, the respective practice acts, and rules adopted
136	thereunder.
137	4. Conduct systematic reviews of clinic billings to ensure
138	that the billings are not fraudulent or unlawful.
139	(5)(4)(a) All charges or reimbursement claims made by or
140	on behalf of a clinic that is required to be registered under
141	this section, but that is not so registered, are unlawful
142	charges and therefore are noncompensable and unenforceable.
143	(b) Any person establishing, operating, or managing an
144	unregistered clinic otherwise required to be registered under
145	this section commits a felony of the third degree, punishable as
146	provided in s. 775.082, s. 775.083, or s. 775.084.
147	(c) Any licensed health care practitioner who violates
148	this section is subject to discipline in accordance with this
149	chapter and the respective practice act.
150	(d) The department shall revoke the registration of any
151	clinic registered under this section for operating in violation
152	of the requirements of this section or the rules adopted by the
153	department.
154	(e) The department shall investigate allegations of
155	noncompliance with this section and the rules adopted pursuant
156	to this section.
157	Section 2. This act shall take effect July 1, 2003.