Senate Bill sb0560e2

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    CS for SB 560                                 Second Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; providing

  3         legislative findings and intent; amending s.

  4         456.072, F.S., relating to grounds for

  5         discipline, penalties, and enforcement

  6         applicable to health care practitioners;

  7         providing that a practitioner's failure to

  8         disclose his or her training in health care

  9         advertisements and in professional

10         relationships with patients constitutes grounds

11         for disciplinary action; providing exceptions;

12         providing penalties; specifying that a

13         reference to the section constitutes a general

14         reference under the doctrine of incorporation

15         by reference; amending s. 409.907, F.S.;

16         providing criteria for establishing the

17         effective date of approval of certain

18         applications to be a Medicaid provider;

19         requiring the agency to develop a uniform

20         application process for Medicaid providers who

21         serve recipients through Medicaid waiver

22         programs; providing criteria; amending s.

23         468.352, F.S.; revising and providing

24         definitions applicable to the regulation of

25         respiratory therapy; amending s. 468.355, F.S.;

26         revising provisions relating to respiratory

27         therapy licensure and testing requirements;

28         amending s. 468.368, F.S.; revising exemptions

29         from respiratory therapy licensure

30         requirements; repealing s. 468.356, F.S.,

31         relating to the approval of educational


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    CS for SB 560                                 Second Engrossed



 1         programs; repealing s. 468.357, F.S., relating

 2         to licensure by examination; amending s.

 3         400.9905, F.S.; revising the definitions of

 4         "clinic" and "medical director" and defining

 5         "mobile clinic," "portable equipment provider,"

 6         and "chief financial officer," for purposes of

 7         the Health Care Clinic Act; providing that

 8         certain entities providing oncology or

 9         radiation therapy services are exempt from the

10         licensure requirements of part XIII of ch. 400,

11         F.S.; providing legislative intent with respect

12         to such exemption; providing for retroactive

13         application; amending s. 400.991, F.S.;

14         requiring each mobile clinic to obtain a health

15         care clinic license; requiring a portable

16         equipment provider to obtain a health care

17         clinic license for a single office and

18         exempting such a provider from submitting

19         certain information to the Agency for Health

20         Care Administration; revising the date by which

21         an initial application for a health care clinic

22         license must be filed with the agency; revising

23         the definition of "applicant"; amending s.

24         400.9935, F.S.; providing that an exemption

25         from licensure is not transferable; providing

26         that the agency may charge a fee of applicants

27         for certificates of exemption; providing that

28         the agency may deny an application or revoke a

29         license under certain circumstances; amending

30         s. 400.995, F.S.; providing that the agency may

31         deny, revoke, or suspend specified licenses and


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    CS for SB 560                                 Second Engrossed



 1         impose fines for certain violations; providing

 2         that a temporary license expires after a notice

 3         of intent to deny an application is issued by

 4         the agency; providing that persons or entities

 5         made exempt under the act and which have paid

 6         the clinic licensure fee to the agency are

 7         entitled to a partial refund from the agency;

 8         providing that certain persons or entities are

 9         not in violation of part XIII of ch. 400, F.S.,

10         due to failure to apply for a clinic license by

11         a specified date; providing that certain

12         payments may not be denied to such persons or

13         entities for failure to apply for or obtain a

14         clinic license before a specified date;

15         assigning responsibilities for ensuring

16         billing; amending s. 395.1027, F.S.; requiring

17         a hospital or other facility licensed under ch.

18         395, F.S., to release patient information to a

19         regional poison control center under specified

20         circumstances; amending ss. 627.64171,

21         627.66121, and 641.31, F.S.; providing

22         requirements for the length of hospital stay

23         relating to a lymph-node dissection which

24         specified health insurers and health

25         maintenance organizations must cover; limiting

26         application; directing the Office of Program

27         Policy Analysis and Government Accountability

28         to study mammography and report to the

29         Legislature; providing an effective date.

30  

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


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    CS for SB 560                                 Second Engrossed



 1         Section 1.  The Legislature finds that there exists a

 2  compelling state interest in patients being informed of the

 3  credentials of the health care practitioners who treat them

 4  and in the public being protected from misleading health care

 5  advertising. The Legislature further finds that the areas of

 6  health care practice licensure can be extremely confusing for

 7  patients and that health care practitioners can easily mislead

 8  patients into believing that the practitioner is better

 9  qualified than other health care practitioners simply by

10  creating a sham practice designation. Therefore, the

11  Legislature has determined that the most direct and effective

12  manner in which to protect patients from this identifiable

13  harm is to ensure that patients and the public be informed of

14  the training of health care practitioners and intends by this

15  act to require the provision of such information.

16         Section 2.  Section 456.072, Florida Statutes, is

17  amended to read:

18         456.072  Grounds for discipline; penalties;

19  enforcement.--

20         (1)  The following acts shall constitute grounds for

21  which the disciplinary actions specified in subsection (2) may

22  be taken:

23         (a)  Making misleading, deceptive, or fraudulent

24  representations in or related to the practice of the

25  licensee's profession.

26         (b)  Intentionally violating any rule adopted by the

27  board or the department, as appropriate.

28         (c)  Being convicted or found guilty of, or entering a

29  plea of guilty or nolo contendere to, regardless of

30  adjudication, a crime in any jurisdiction which relates to the

31  


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    CS for SB 560                                 Second Engrossed



 1  practice of, or the ability to practice, a licensee's

 2  profession.

 3         (d)  Using a Class III or a Class IV laser device or

 4  product, as defined by federal regulations, without having

 5  complied with the rules adopted pursuant to s. 501.122(2)

 6  governing the registration of such devices.

 7         (e)  Failing to comply with the educational course

 8  requirements for human immunodeficiency virus and acquired

 9  immune deficiency syndrome.

10         (f)  Having a license or the authority to practice any

11  regulated profession revoked, suspended, or otherwise acted

12  against, including the denial of licensure, by the licensing

13  authority of any jurisdiction, including its agencies or

14  subdivisions, for a violation that would constitute a

15  violation under Florida law. The licensing authority's

16  acceptance of a relinquishment of licensure, stipulation,

17  consent order, or other settlement, offered in response to or

18  in anticipation of the filing of charges against the license,

19  shall be construed as action against the license.

20         (g)  Having been found liable in a civil proceeding for

21  knowingly filing a false report or complaint with the

22  department against another licensee.

23         (h)  Attempting to obtain, obtaining, or renewing a

24  license to practice a profession by bribery, by fraudulent

25  misrepresentation, or through an error of the department or

26  the board.

27         (i)  Except as provided in s. 465.016, failing to

28  report to the department any person who the licensee knows is

29  in violation of this chapter, the chapter regulating the

30  alleged violator, or the rules of the department or the board.

31  


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    CS for SB 560                                 Second Engrossed



 1         (j)  Aiding, assisting, procuring, employing, or

 2  advising any unlicensed person or entity to practice a

 3  profession contrary to this chapter, the chapter regulating

 4  the profession, or the rules of the department or the board.

 5         (k)  Failing to perform any statutory or legal

 6  obligation placed upon a licensee. For purposes of this

 7  section, failing to repay a student loan issued or guaranteed

 8  by the state or the Federal Government in accordance with the

 9  terms of the loan or failing to comply with service

10  scholarship obligations shall be considered a failure to

11  perform a statutory or legal obligation, and the minimum

12  disciplinary action imposed shall be a suspension of the

13  license until new payment terms are agreed upon or the

14  scholarship obligation is resumed, followed by probation for

15  the duration of the student loan or remaining scholarship

16  obligation period, and a fine equal to 10 percent of the

17  defaulted loan amount. Fines collected shall be deposited into

18  the Medical Quality Assurance Trust Fund.

19         (l)  Making or filing a report which the licensee knows

20  to be false, intentionally or negligently failing to file a

21  report or record required by state or federal law, or

22  willfully impeding or obstructing another person to do so.

23  Such reports or records shall include only those that are

24  signed in the capacity of a licensee.

25         (m)  Making deceptive, untrue, or fraudulent

26  representations in or related to the practice of a profession

27  or employing a trick or scheme in or related to the practice

28  of a profession.

29         (n)  Exercising influence on the patient or client for

30  the purpose of financial gain of the licensee or a third

31  party.


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    CS for SB 560                                 Second Engrossed



 1         (o)  Practicing or offering to practice beyond the

 2  scope permitted by law or accepting and performing

 3  professional responsibilities the licensee knows, or has

 4  reason to know, the licensee is not competent to perform.

 5         (p)  Delegating or contracting for the performance of

 6  professional responsibilities by a person when the licensee

 7  delegating or contracting for performance of such

 8  responsibilities knows, or has reason to know, such person is

 9  not qualified by training, experience, and authorization when

10  required to perform them.

11         (q)  Violating a lawful order of the department or the

12  board, or failing to comply with a lawfully issued subpoena of

13  the department.

14         (r)  Improperly interfering with an investigation or

15  inspection authorized by statute, or with any disciplinary

16  proceeding.

17         (s)  Failing to comply with the educational course

18  requirements for domestic violence.

19         (t)  In any advertisement for health care services, and

20  during the first in-person patient encounter, failing to

21  disclose the type of license under which the practitioner is

22  operating. This paragraph does not apply to a practitioner

23  while the practitioner is providing services in a facility

24  licensed under chapter 394, chapter 395, or chapter 400.

25         (u)(t)  Failing to comply with the requirements of ss.

26  381.026 and 381.0261 to provide patients with information

27  about their patient rights and how to file a patient

28  complaint.

29         (v)(u)  Engaging or attempting to engage in sexual

30  misconduct as defined and prohibited in s. 456.063(1).

31  


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    CS for SB 560                                 Second Engrossed



 1         (w)(v)  Failing to comply with the requirements for

 2  profiling and credentialing, including, but not limited to,

 3  failing to provide initial information, failing to timely

 4  provide updated information, or making misleading, untrue,

 5  deceptive, or fraudulent representations on a profile,

 6  credentialing, or initial or renewal licensure application.

 7         (x)(w)  Failing to report to the board, or the

 8  department if there is no board, in writing within 30 days

 9  after the licensee has been convicted or found guilty of, or

10  entered a plea of nolo contendere to, regardless of

11  adjudication, a crime in any jurisdiction. Convictions,

12  findings, adjudications, and pleas entered into prior to the

13  enactment of this paragraph must be reported in writing to the

14  board, or department if there is no board, on or before

15  October 1, 1999.

16         (y)(x)  Using information about people involved in

17  motor vehicle accidents which has been derived from accident

18  reports made by law enforcement officers or persons involved

19  in accidents pursuant to s. 316.066, or using information

20  published in a newspaper or other news publication or through

21  a radio or television broadcast that has used information

22  gained from such reports, for the purposes of commercial or

23  any other solicitation whatsoever of the people involved in

24  such accidents.

25         (z)(y)  Being unable to practice with reasonable skill

26  and safety to patients by reason of illness or use of alcohol,

27  drugs, narcotics, chemicals, or any other type of material or

28  as a result of any mental or physical condition. In enforcing

29  this paragraph, the department shall have, upon a finding of

30  the secretary or the secretary's designee that probable cause

31  exists to believe that the licensee is unable to practice


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    CS for SB 560                                 Second Engrossed



 1  because of the reasons stated in this paragraph, the authority

 2  to issue an order to compel a licensee to submit to a mental

 3  or physical examination by physicians designated by the

 4  department. If the licensee refuses to comply with such order,

 5  the department's order directing such examination may be

 6  enforced by filing a petition for enforcement in the circuit

 7  court where the licensee resides or does business. The

 8  department shall be entitled to the summary procedure provided

 9  in s. 51.011. A licensee or certificateholder affected under

10  this paragraph shall at reasonable intervals be afforded an

11  opportunity to demonstrate that he or she can resume the

12  competent practice of his or her profession with reasonable

13  skill and safety to patients.

14         (aa)(z)  Testing positive for any drug, as defined in

15  s. 112.0455, on any confirmed preemployment or

16  employer-ordered drug screening when the practitioner does not

17  have a lawful prescription and legitimate medical reason for

18  using such drug.

19         (bb)(aa)  Performing or attempting to perform health

20  care services on the wrong patient, a wrong-site procedure, a

21  wrong procedure, or an unauthorized procedure or a procedure

22  that is medically unnecessary or otherwise unrelated to the

23  patient's diagnosis or medical condition. For the purposes of

24  this paragraph, performing or attempting to perform health

25  care services includes the preparation of the patient.

26         (cc)(bb)  Leaving a foreign body in a patient, such as

27  a sponge, clamp, forceps, surgical needle, or other

28  paraphernalia commonly used in surgical, examination, or other

29  diagnostic procedures. For the purposes of this paragraph, it

30  shall be legally presumed that retention of a foreign body is

31  not in the best interest of the patient and is not within the


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    CS for SB 560                                 Second Engrossed



 1  standard of care of the profession, regardless of the intent

 2  of the professional.

 3         (dd)(cc)  Violating any provision of this chapter, the

 4  applicable practice act, or any rules adopted pursuant

 5  thereto.

 6         (ee)(dd)  With respect to making a personal injury

 7  protection claim as required by s. 627.736, intentionally

 8  submitting a claim, statement, or bill that has been "upcoded"

 9  as defined in s. 627.732.

10         (ff)(ee)  With respect to making a personal injury

11  protection claim as required by s. 627.736, intentionally

12  submitting a claim, statement, or bill for payment of services

13  that were not rendered.

14         (2)  When the board, or the department when there is no

15  board, finds any person guilty of the grounds set forth in

16  subsection (1) or of any grounds set forth in the applicable

17  practice act, including conduct constituting a substantial

18  violation of subsection (1) or a violation of the applicable

19  practice act which occurred prior to obtaining a license, it

20  may enter an order imposing one or more of the following

21  penalties:

22         (a)  Refusal to certify, or to certify with

23  restrictions, an application for a license.

24         (b)  Suspension or permanent revocation of a license.

25         (c)  Restriction of practice or license, including, but

26  not limited to, restricting the licensee from practicing in

27  certain settings, restricting the licensee to work only under

28  designated conditions or in certain settings, restricting the

29  licensee from performing or providing designated clinical and

30  administrative services, restricting the licensee from

31  practicing more than a designated number of hours, or any


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    CS for SB 560                                 Second Engrossed



 1  other restriction found to be necessary for the protection of

 2  the public health, safety, and welfare.

 3         (d)  Imposition of an administrative fine not to exceed

 4  $10,000 for each count or separate offense. If the violation

 5  is for fraud or making a false or fraudulent representation,

 6  the board, or the department if there is no board, must impose

 7  a fine of $10,000 per count or offense.

 8         (e)  Issuance of a reprimand or letter of concern.

 9         (f)  Placement of the licensee on probation for a

10  period of time and subject to such conditions as the board, or

11  the department when there is no board, may specify. Those

12  conditions may include, but are not limited to, requiring the

13  licensee to undergo treatment, attend continuing education

14  courses, submit to be reexamined, work under the supervision

15  of another licensee, or satisfy any terms which are reasonably

16  tailored to the violations found.

17         (g)  Corrective action.

18         (h)  Imposition of an administrative fine in accordance

19  with s. 381.0261 for violations regarding patient rights.

20         (i)  Refund of fees billed and collected from the

21  patient or a third party on behalf of the patient.

22         (j)  Requirement that the practitioner undergo remedial

23  education.

24  

25  In determining what action is appropriate, the board, or

26  department when there is no board, must first consider what

27  sanctions are necessary to protect the public or to compensate

28  the patient. Only after those sanctions have been imposed may

29  the disciplining authority consider and include in the order

30  requirements designed to rehabilitate the practitioner. All

31  


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    CS for SB 560                                 Second Engrossed



 1  costs associated with compliance with orders issued under this

 2  subsection are the obligation of the practitioner.

 3         (3)(a)  Notwithstanding subsection (2), if the ground

 4  for disciplinary action is the first-time failure of the

 5  licensee to satisfy continuing education requirements

 6  established by the board, or by the department if there is no

 7  board, the board or department, as applicable, shall issue a

 8  citation in accordance with s. 456.077 and assess a fine, as

 9  determined by the board or department by rule. In addition,

10  for each hour of continuing education not completed or

11  completed late, the board or department, as applicable, may

12  require the licensee to take 1 additional hour of continuing

13  education for each hour not completed or completed late.

14         (b)  Notwithstanding subsection (2), if the ground for

15  disciplinary action is the first-time violation of a practice

16  act for unprofessional conduct, as used in ss. 464.018(1)(h),

17  467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual

18  harm to the patient occurred, the board or department, as

19  applicable, shall issue a citation in accordance with s.

20  456.077 and assess a penalty as determined by rule of the

21  board or department.

22         (4)  In addition to any other discipline imposed

23  through final order, or citation, entered on or after July 1,

24  2001, pursuant to this section or discipline imposed through

25  final order, or citation, entered on or after July 1, 2001,

26  for a violation of any practice act, the board, or the

27  department when there is no board, shall assess costs related

28  to the investigation and prosecution of the case. Such costs

29  related to the investigation and prosecution include, but are

30  not limited to, salaries and benefits of personnel, costs

31  related to the time spent by the attorney and other personnel


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    CS for SB 560                                 Second Engrossed



 1  working on the case, and any other expenses incurred by the

 2  department for the case. The board, or the department when

 3  there in no board, shall determine the amount of costs to be

 4  assessed after its consideration of an affidavit of itemized

 5  costs and any written objections thereto. In any case where

 6  the board or the department imposes a fine or assessment and

 7  the fine or assessment is not paid within a reasonable time,

 8  such reasonable time to be prescribed in the rules of the

 9  board, or the department when there is no board, or in the

10  order assessing such fines or costs, the department or the

11  Department of Legal Affairs may contract for the collection

12  of, or bring a civil action to recover, the fine or

13  assessment.

14         (5)  In addition to, or in lieu of, any other remedy or

15  criminal prosecution, the department may file a proceeding in

16  the name of the state seeking issuance of an injunction or a

17  writ of mandamus against any person who violates any of the

18  provisions of this chapter, or any provision of law with

19  respect to professions regulated by the department, or any

20  board therein, or the rules adopted pursuant thereto.

21         (6)  In the event the board, or the department when

22  there is no board, determines that revocation of a license is

23  the appropriate penalty, the revocation shall be permanent.

24  However, the board may establish by rule requirements for

25  reapplication by applicants whose licenses have been

26  permanently revoked. Such requirements may include, but shall

27  not be limited to, satisfying current requirements for an

28  initial license.

29         (7)  The purpose of this section is to facilitate

30  uniform discipline for those actions made punishable under

31  this section and, to this end, a reference to this section


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    CS for SB 560                                 Second Engrossed



 1  constitutes a general reference under the doctrine of

 2  incorporation by reference.

 3         Section 3.  Subsection (9) of section 409.907, Florida

 4  Statutes, is amended, and subsection (12) is added to that

 5  section, to read:

 6         409.907  Medicaid provider agreements.--The agency may

 7  make payments for medical assistance and related services

 8  rendered to Medicaid recipients only to an individual or

 9  entity who has a provider agreement in effect with the agency,

10  who is performing services or supplying goods in accordance

11  with federal, state, and local law, and who agrees that no

12  person shall, on the grounds of handicap, race, color, or

13  national origin, or for any other reason, be subjected to

14  discrimination under any program or activity for which the

15  provider receives payment from the agency.

16         (9)  Upon receipt of a completed, signed, and dated

17  application, and completion of any necessary background

18  investigation and criminal history record check, the agency

19  must either:

20         (a)  Enroll the applicant as a Medicaid provider no

21  earlier than the effective date of the approval of the

22  provider application. With respect to providers who were

23  recently granted a change of ownership and those who primarily

24  provide emergency medical services transportation or emergency

25  services and care pursuant to s. 395.1041 or s. 401.45, or

26  services provided by entities under s. 409.91255, and

27  out-of-state providers, upon approval of the provider

28  application, the effective date of approval is considered to

29  be the date the agency receives the provider application; or

30         (b)  Deny the application if the agency finds that it

31  is in the best interest of the Medicaid program to do so. The


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    CS for SB 560                                 Second Engrossed



 1  agency may consider the factors listed in subsection (10), as

 2  well as any other factor that could affect the effective and

 3  efficient administration of the program, including, but not

 4  limited to, the applicant's demonstrated ability to provide

 5  services, conduct business, and operate a financially viable

 6  concern; the current availability of medical care, services,

 7  or supplies to recipients, taking into account geographic

 8  location and reasonable travel time; the number of providers

 9  of the same type already enrolled in the same geographic area;

10  and the credentials, experience, success, and patient outcomes

11  of the provider for the services that it is making application

12  to provide in the Medicaid program. The agency shall deny the

13  application if the agency finds that a provider; any officer,

14  director, agent, managing employee, or affiliated person; or

15  any partner or shareholder having an ownership interest equal

16  to 5 percent or greater in the provider if the provider is a

17  corporation, partnership, or other business entity, has failed

18  to pay all outstanding fines or overpayments assessed by final

19  order of the agency or final order of the Centers for Medicare

20  and Medicaid Services, not subject to further appeal, unless

21  the provider agrees to a repayment plan that includes

22  withholding Medicaid reimbursement until the amount due is

23  paid in full.

24         (12)  The Agency for Health Care Administration shall

25  develop a uniform application process for approving providers

26  of medical assistance and related services rendered to

27  Medicaid recipients through the state's Medicaid waiver

28  programs.  The process developed must eliminate the necessity

29  for Medicaid waiver providers to submit separate applications

30  to provide the same product or service for more than one

31  Medicaid waiver program.  A Medicaid waiver provider


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    CS for SB 560                                 Second Engrossed



 1  application that is approved by the agency may be considered

 2  if that applicant also applies to become an approved provider

 3  for an additional waiver program, if the product or service is

 4  an allowable expense under that program.

 5         Section 4.  Section 468.352, Florida Statutes, is

 6  amended to read:

 7         (Substantial rewording of section. See

 8         s. 468.352, F.S., for present text.)

 9         468.352  Definitions.--As used in this part, the term:

10         (1)  "Board" means the Board of Respiratory Care.

11         (2)  "Certified respiratory therapist" means any person

12  licensed pursuant to this part who is certified by the

13  National Board for Respiratory Care or its successor; who is

14  employed to deliver respiratory care services, under the order

15  of a physician licensed pursuant to chapter 458 or chapter

16  459, in accordance with protocols established by a hospital or

17  other health care provider or the board; and who functions in

18  situations of unsupervised patient contact requiring

19  individual judgment.

20         (3)  "Critical care" means care given to a patient in

21  any setting involving a life-threatening emergency.

22         (4)  "Department" means the Department of Health.

23         (5)  "Direct supervision" means practicing under the

24  direction of a licensed, registered, or certified respiratory

25  therapist who is physically on the premises and readily

26  available, as defined by the board.

27         (6)  "Physician supervision" means supervision and

28  control by a physician licensed under chapter 458 or chapter

29  459 who assumes the legal liability for the services rendered

30  by the personnel employed in his or her office. Except in the

31  case of an emergency, physician supervision requires the easy


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    CS for SB 560                                 Second Engrossed



 1  availability of the physician within the office or the

 2  physical presence of the physician for consultation and

 3  direction of the actions of the persons who deliver

 4  respiratory care services.

 5         (7)  "Practice of respiratory care" or "respiratory

 6  therapy" means the allied health specialty associated with the

 7  cardiopulmonary system that is practiced under the orders of a

 8  physician licensed under chapter 458 or chapter 459 and in

 9  accordance with protocols, policies, and procedures

10  established by a hospital or other health care provider or the

11  board, including the assessment, diagnostic evaluation,

12  treatment, management, control, rehabilitation, education, and

13  care of patients in all care settings.

14         (8)  "Registered respiratory therapist" means any

15  person licensed under this part who is registered by the

16  National Board for Respiratory Care or its successor, and who

17  is employed to deliver respiratory care services under the

18  order of a physician licensed under chapter 458 or chapter

19  459, in accordance with protocols established by a hospital or

20  other health care provider or the board, and who functions in

21  situations of unsupervised patient contact requiring

22  individual judgment.

23         (9)  "Respiratory care practitioner" means any person

24  licensed under this part who is employed to deliver

25  respiratory care services, under direct supervision, pursuant

26  to the order of a physician licensed under chapter 458 or

27  chapter 459.

28         (10)  "Respiratory care services" includes:

29         (a)  Evaluation and disease management.

30         (b)  Diagnostic and therapeutic use of respiratory

31  equipment, devices, or medical gas.


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    CS for SB 560                                 Second Engrossed



 1         (c)  Administration of drugs, as duly ordered or

 2  prescribed by a physician licensed under chapter 458 or

 3  chapter 459 and in accordance with protocols, policies, and

 4  procedures established by a hospital or other health care

 5  provider or the board.

 6         (d)  Initiation, management, and maintenance of

 7  equipment to assist and support ventilation and respiration.

 8         (e)  Diagnostic procedures, research, and therapeutic

 9  treatment and procedures, including measurement of ventilatory

10  volumes, pressures, and flows; specimen collection and

11  analysis of blood for gas transport and acid/base

12  determinations; pulmonary-function testing; and other related

13  physiological monitoring of cardiopulmonary systems.

14         (f)  Cardiopulmonary rehabilitation.

15         (g)  Cardiopulmonary resuscitation, advanced cardiac

16  life support, neonatal resuscitation, and pediatric advanced

17  life support, or equivalent functions.

18         (h)  Insertion and maintenance of artificial airways

19  and intravascular catheters.

20         (i)  Education of patients, families, the public, or

21  other health care providers, including disease process and

22  management programs and smoking prevention and cessation

23  programs.

24         (j)  Initiation and management of hyperbaric oxygen.

25         Section 5.  Section 468.355, Florida Statutes, is

26  amended to read:

27         (Substantial rewording of section. See

28         s. 468.355, F.S., for present text.)

29         468.355  Licensure requirements.--To be eligible for

30  licensure by the board, an applicant must be an active

31  "Certified Respiratory Therapist" or an active "Registered


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    CS for SB 560                                 Second Engrossed



 1  Respiratory Therapist" as designated by the National Board for

 2  Respiratory Care, or its successor.

 3         Section 6.  Section 468.368, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 468.368, F.S., for present text.)

 7         468.368  Exemptions.--This part may not be construed to

 8  prevent or restrict the practice, service, or activities of:

 9         (1)  Any person licensed in this state by any other law

10  from engaging in the profession or occupation for which he or

11  she is licensed.

12         (2)  Any legally qualified person in the state or

13  another state or territory who is employed by the United

14  States Government or any agency thereof while such person is

15  discharging his or her official duties.

16         (3)  A friend or family member who is providing

17  respiratory care services to an ill person and who does not

18  represent himself or herself to be a respiratory care

19  practitioner or respiratory therapist.

20         (4)  An individual providing respiratory care services

21  in an emergency who does not represent himself or herself as a

22  respiratory care practitioner or respiratory therapist.

23         (5)  Any individual employed to deliver, assemble, set

24  up, or test equipment for use in a home, upon the order of a

25  physician licensed pursuant to chapter 458 or chapter 459.

26  This subsection does not, however, authorize the practice of

27  respiratory care without a license.

28         (6)  Any individual certified or registered as a

29  pulmonary function technologist who is credentialed by the

30  National Board for Respiratory Care for performing

31  cardiopulmonary diagnostic studies.


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    CS for SB 560                                 Second Engrossed



 1         (7)  Any student who is enrolled in an accredited

 2  respiratory care program approved by the board, while

 3  performing respiratory care as an integral part of a required

 4  course.

 5         (8)  The delivery of incidental respiratory care to

 6  noninstitutionalized persons by surrogate family members who

 7  do not represent themselves as registered or certified

 8  respiratory care therapists.

 9         (9)  Any individual credentialed by the Underseas

10  Hyperbaric Society in hyperbaric medicine or its equivalent as

11  determined by the board, while performing related duties. This

12  subsection does not, however, authorize the practice of

13  respiratory care without a license.

14         Section 7.  Effective January 1, 2005, sections 468.356

15  and 468.357, Florida Statutes, are repealed.

16         Section 8.  Subsections (3) and (4) of section

17  400.9905, Florida Statutes, are amended, and subsections (5)

18  and (6) are added to that section, to read: (attached)

19         400.9905  Definitions.--

20         (3)  "Clinic" means an entity at which health care

21  services are provided to individuals and which tenders charges

22  for reimbursement for such services, including a mobile clinic

23  and a portable equipment provider. For purposes of this part,

24  the term does not include and the licensure requirements of

25  this part do not apply to:

26         (a)  Entities licensed or registered by the state under

27  chapter 395; or entities licensed or registered by the state

28  and providing only health care services within the scope of

29  services authorized under their respective licenses granted

30  under ss. 383.30-383.335, chapter 390, chapter 394, chapter

31  395, chapter 397, this chapter except part XIII, chapter 463,


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    CS for SB 560                                 Second Engrossed



 1  chapter 465, chapter 466, chapter 478, part I of chapter 483

 2  480, chapter 484, or chapter 651, end-stage renal disease

 3  providers authorized under 42 C.F.R. part 405, subpart U, or

 4  providers certified under 42 C.F.R. part 485, subpart B or

 5  subpart H, or any entity that provides neonatal or pediatric

 6  hospital-based healthcare services by licensed practitioners

 7  solely within a hospital licensed under chapter 395.

 8         (b)  Entities that own, directly or indirectly,

 9  entities licensed or registered by the state pursuant to

10  chapter 395; or entities that own, directly or indirectly,

11  entities licensed or registered by the state and providing

12  only health care services within the scope of services

13  authorized pursuant to their respective licenses granted under

14  ss. 383.30-383.335, chapter 390, chapter 394, chapter 395,

15  chapter 397, this chapter except part XIII, chapter 463,

16  chapter 465, chapter 466, chapter 478, part I of chapter 483

17  480, chapter 484, or chapter 651, end-stage renal disease

18  providers authorized under 42 C.F.R. part 405, subpart U, or

19  providers certified under 42 C.F.R. part 485, subpart B or

20  subpart H, or any entity that provides neonatal or pediatric

21  hospital-based healthcare services by licensed practitioners

22  solely within a hospital licensed under chapter 395.

23         (c)  Entities that are owned, directly or indirectly,

24  by an entity licensed or registered by the state pursuant to

25  chapter 395; or entities that are owned, directly or

26  indirectly, by an entity licensed or registered by the state

27  and providing only health care services within the scope of

28  services authorized pursuant to their respective licenses

29  granted under ss. 383.30-383.335, chapter 390, chapter 394,

30  chapter 395, chapter 397, this chapter except part XIII,

31  chapter 463, chapter 465, chapter 466, chapter 478, part I of


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    CS for SB 560                                 Second Engrossed



 1  chapter 483 480, chapter 484, or chapter 651, end-stage renal

 2  disease providers authorized under 42 C.F.R. part 405, subpart

 3  U, or providers certified under 42 C.F.R. part 485, subpart B

 4  or subpart H, or any entity that provides neonatal or

 5  pediatric hospital-based healthcare services by licensed

 6  practitioners solely within a hospital licensed under chapter

 7  395.

 8         (d)  Entities that are under common ownership, directly

 9  or indirectly, with an entity licensed or registered by the

10  state pursuant to chapter 395; or entities that are under

11  common ownership, directly or indirectly, with an entity

12  licensed or registered by the state and providing only health

13  care services within the scope of services authorized pursuant

14  to its respective license granted under ss. 383.30-383.335,

15  chapter 390, chapter 394, chapter 395, chapter 397, this

16  chapter except part XIII, chapter 463, chapter 465, chapter

17  466, chapter 478, part I of chapter 483 480, chapter 484, or

18  chapter 651, end-stage renal disease providers authorized

19  under 42 C.F.R. part 405, subpart U, or providers certified

20  under 42 C.F.R. part 485, subpart B or subpart H, or any

21  entity that provides neonatal or pediatric hospital-based

22  services by licensed practitioners solely within a hospital

23  licensed under chapter 395.

24         (e)  An entity that is exempt from federal taxation

25  under 26 U.S.C. s. 501(c)(3) or s. 501(c)(4), and any

26  community college or university clinic, and any entity owned

27  or operated by federal or state government, including

28  agencies, subdivisions, or municipalities thereof.

29         (f)  A sole proprietorship, group practice,

30  partnership, or corporation that provides health care services

31  by physicians covered by s. 627.419, that is directly


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    CS for SB 560                                 Second Engrossed



 1  supervised by one or more of such physicians, and that is

 2  wholly owned by one or more of those physicians or by a

 3  physician and the spouse, parent, child, or sibling of that

 4  physician.

 5         (g)(f)  A sole proprietorship, group practice,

 6  partnership, or corporation that provides health care services

 7  by licensed health care practitioners under chapter 457,

 8  chapter 458, chapter 459, chapter 460, chapter 461, chapter

 9  462, chapter 463, chapter 466, chapter 467, chapter 480,

10  chapter 484, chapter 486, chapter 490, chapter 491, or part I,

11  part III, part X, part XIII, or part XIV of chapter 468, or s.

12  464.012, which are wholly owned by one or more a licensed

13  health care practitioners practitioner, or the licensed health

14  care practitioners set forth in this paragraph practitioner

15  and the spouse, parent, or child, or sibling of a licensed

16  health care practitioner, so long as one of the owners who is

17  a licensed health care practitioner is supervising the

18  services performed therein and is legally responsible for the

19  entity's compliance with all federal and state laws. However,

20  a health care practitioner may not supervise services beyond

21  the scope of the practitioner's license, except that, for the

22  purposes of this part, a clinic owned by a licensee in s.

23  456.053(3)(b) that provides only services authorized pursuant

24  to s. 456.053(3)(b) may be supervised by a licensee specified

25  in s. 456.053(3)(b).

26         (h)(g)  Clinical facilities affiliated with an

27  accredited medical school at which training is provided for

28  medical students, residents, or fellows.

29         (i)  Entities that provide only oncology or radiation

30  therapy services by physicians licensed under chapter 458 or

31  459.


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    CS for SB 560                                 Second Engrossed



 1         (4)  "Medical director" means a physician who is

 2  employed or under contract with a clinic and who maintains a

 3  full and unencumbered physician license in accordance with

 4  chapter 458, chapter 459, chapter 460, or chapter 461.

 5  However, if the clinic does not provide services pursuant to

 6  the respective physician practice acts listed in this

 7  subsection, it is limited to providing health care services

 8  pursuant to chapter 457, chapter 484, chapter 486, chapter

 9  490, or chapter 491 or part I, part III, part X, part XIII, or

10  part XIV of chapter 468, the clinic may appoint a

11  Florida-licensed health care practitioner who does not provide

12  services pursuant to the respective physician practice acts

13  listed in this subsection licensed under that chapter to serve

14  as a clinic director who is responsible for the clinic's

15  activities. A health care practitioner may not serve as the

16  clinic director if the services provided at the clinic are

17  beyond the scope of that practitioner's license, except that a

18  licensee specified in s. 456.053(3)(b) that provides only

19  services authorized pursuant to s. 456.053(3)(b) may serve as

20  clinic director of an entity providing services as specified

21  in s. 456.053(3)(b).

22         (5)  "Mobile clinic" means a movable or detached

23  self-contained health care unit within or from which direct

24  health care services are provided to individuals and that

25  otherwise meets the definition of a clinic in subsection (3).

26         (6)  "Portable equipment provider" means an entity that

27  contracts with or employs persons to provide portable

28  equipment to multiple locations performing treatment or

29  diagnostic testing of individuals, that bills third-party

30  payors for those services, and that otherwise meets the

31  definition of a clinic in subsection (3).


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    CS for SB 560                                 Second Engrossed



 1         (7)  "Chief financial officer" means an individual who

 2  has at least a minimum of a bachelor's degree from an

 3  accredited university in accounting, finance, or a related

 4  field and is the person responsible for the preparation of the

 5  clinic billing.

 6         Section 9.  The creation of paragraph 400.9905(3)(i),

 7  Florida Statutes, by this act is intended to clarify the

 8  legislative intent of this provision as it existed at the time

 9  the provision initially took effect as section 456.0375(1)(b),

10  Florida Statutes, and paragraph 400.9905(3)(i), Florida

11  Statutes, as created by this act, shall operate retroactively

12  to October 1, 2001. Nothing herein shall be construed as

13  amending, modifying, limiting, or otherwise affecting in any

14  way the legislative intent, scope, terms, prohibition, or

15  requirements of section 456.053, Florida Statutes.

16         Section 10.  Subsections (1), (2), and (3) and

17  paragraphs (a) and (b) of subsection (7) of section 400.991,

18  Florida Statutes, are amended to read:

19         400.991  License requirements; background screenings;

20  prohibitions.--

21         (1)(a)  Each clinic, as defined in s. 400.9905, must be

22  licensed and shall at all times maintain a valid license with

23  the agency. Each clinic location shall be licensed separately

24  regardless of whether the clinic is operated under the same

25  business name or management as another clinic.

26         (b)  Each mobile clinic must obtain a separate health

27  care clinic license and clinics must provide to the agency, at

28  least quarterly, its their projected street location locations

29  to enable the agency to locate and inspect such clinic

30  clinics. A portable equipment provider must obtain a health

31  


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    CS for SB 560                                 Second Engrossed



 1  care clinic license for a single administrative office and is

 2  not required to submit quarterly projected street locations.

 3         (2)  The initial clinic license application shall be

 4  filed with the agency by all clinics, as defined in s.

 5  400.9905, on or before July March 1, 2004. A clinic license

 6  must be renewed biennially.

 7         (3)  Applicants that submit an application on or before

 8  July March 1, 2004, which meets all requirements for initial

 9  licensure as specified in this section shall receive a

10  temporary license until the completion of an initial

11  inspection verifying that the applicant meets all requirements

12  in rules authorized by s. 400.9925. However, a clinic engaged

13  in magnetic resonance imaging services may not receive a

14  temporary license unless it presents evidence satisfactory to

15  the agency that such clinic is making a good faith effort and

16  substantial progress in seeking accreditation required under

17  s. 400.9935.

18         (7)  Each applicant for licensure shall comply with the

19  following requirements:

20         (a)  As used in this subsection, the term "applicant"

21  means individuals owning or controlling, directly or

22  indirectly, 5 percent or more of an interest in a clinic; the

23  medical or clinic director, or a similarly titled person who

24  is responsible for the day-to-day operation of the licensed

25  clinic; the financial officer or similarly titled individual

26  who is responsible for the financial operation of the clinic;

27  and licensed health care practitioners medical providers at

28  the clinic.

29         (b)  Upon receipt of a completed, signed, and dated

30  application, the agency shall require background screening of

31  the applicant, in accordance with the level 2 standards for


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    CS for SB 560                                 Second Engrossed



 1  screening set forth in chapter 435. Proof of compliance with

 2  the level 2 background screening requirements of chapter 435

 3  which has been submitted within the previous 5 years in

 4  compliance with any other health care licensure requirements

 5  of this state is acceptable in fulfillment of this paragraph.

 6  Applicants who own less than 10 percent of a health care

 7  clinic are not required to submit fingerprints under this

 8  section.

 9         Section 11.  Subsections (9) and (11) of section

10  400.9935, Florida Statutes, are amended to read:

11         400.9935  Clinic responsibilities.--

12         (9)  Any person or entity providing health care

13  services which is not a clinic, as defined under s. 400.9905,

14  may voluntarily apply for a certificate of exemption from

15  licensure under its exempt status with the agency on a form

16  that sets forth its name or names and addresses, a statement

17  of the reasons why it cannot be defined as a clinic, and other

18  information deemed necessary by the agency. An exemption is

19  not transferable. The agency may charge an applicant for a

20  certificate of exemption $100 or the actual cost, whichever is

21  less, for processing the certificate.

22         (11)(a)  Each clinic engaged in magnetic resonance

23  imaging services must be accredited by the Joint Commission on

24  Accreditation of Healthcare Organizations, the American

25  College of Radiology, or the Accreditation Association for

26  Ambulatory Health Care, within 1 year after licensure.

27  However, a clinic may request a single, 6-month extension if

28  it provides evidence to the agency establishing that, for good

29  cause shown, such clinic can not be accredited within 1 year

30  after licensure, and that such accreditation will be completed

31  within the 6-month extension. After obtaining accreditation as


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    CS for SB 560                                 Second Engrossed



 1  required by this subsection, each such clinic must maintain

 2  accreditation as a condition of renewal of its license.

 3         (b)  The agency may deny disallow the application or

 4  revoke the license of any entity formed for the purpose of

 5  avoiding compliance with the accreditation provisions of this

 6  subsection and whose principals were previously principals of

 7  an entity that was unable to meet the accreditation

 8  requirements within the specified timeframes. The agency may

 9  adopt rules as to the accreditation of magnetic resonance

10  imaging clinics.

11         Section 12.  Subsections (1) and (3) of section

12  400.995, Florida Statutes, are amended, and subsection (10) is

13  added to said section, to read:

14         400.995  Agency administrative penalties.--

15         (1)  The agency may deny the application for a license

16  renewal, revoke or suspend the license, and impose

17  administrative fines penalties against clinics of up to $5,000

18  per violation for violations of the requirements of this part

19  or rules of the agency. In determining if a penalty is to be

20  imposed and in fixing the amount of the fine, the agency shall

21  consider the following factors:

22         (a)  The gravity of the violation, including the

23  probability that death or serious physical or emotional harm

24  to a patient will result or has resulted, the severity of the

25  action or potential harm, and the extent to which the

26  provisions of the applicable laws or rules were violated.

27         (b)  Actions taken by the owner, medical director, or

28  clinic director to correct violations.

29         (c)  Any previous violations.

30         (d)  The financial benefit to the clinic of committing

31  or continuing the violation.


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    CS for SB 560                                 Second Engrossed



 1         (3)  Any action taken to correct a violation shall be

 2  documented in writing by the owner, medical director, or

 3  clinic director of the clinic and verified through followup

 4  visits by agency personnel. The agency may impose a fine and,

 5  in the case of an owner-operated clinic, revoke or deny a

 6  clinic's license when a clinic medical director or clinic

 7  director knowingly fraudulently misrepresents actions taken to

 8  correct a violation.

 9         (10)  If the agency issues a notice of intent to deny a

10  license application after a temporary license has been issued

11  pursuant to s. 400.991(3), the temporary license shall expire

12  on the date of the notice and may not be extended during any

13  proceeding for administrative or judicial review pursuant to

14  chapter 120.

15         Section 13.  The agency shall refund 90 percent of the

16  license application fee to applicants that submitted their

17  health care clinic licensure fees and applications but were

18  subsequently exempted from licensure by this act.

19         Section 14.  Any person or entity defined as a clinic

20  under s. 400.9905, Florida Statutes, shall not be in violation

21  of part XIII of chapter 400, Florida Statutes, due to failure

22  to apply for a clinic license by March 1, 2004, as previously

23  required by s. 400.991, Florida Statutes. Payment to any such

24  person or entity by an insurer or other person liable for

25  payment to such person or entity may not be denied on the

26  grounds that the person or entity failed to apply for or

27  obtain a clinic license before March 1, 2004.

28         Section 15.  Subsections (1), (9), and (11) of section

29  400.9935, Florida Statutes, are amended to read:

30         400.9935  Clinic responsibilities.--

31  


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    CS for SB 560                                 Second Engrossed



 1         (1)  Each clinic shall appoint a medical director or

 2  clinic director who shall agree in writing to accept legal

 3  responsibility for the following activities on behalf of the

 4  clinic. The medical director or the clinic director shall:

 5         (a)  Have signs identifying the medical director or

 6  clinic director posted in a conspicuous location within the

 7  clinic readily visible to all patients.

 8         (b)  Ensure that all practitioners providing health

 9  care services or supplies to patients maintain a current

10  active and unencumbered Florida license.

11         (c)  Review any patient referral contracts or

12  agreements executed by the clinic.

13         (d)  Ensure that all health care practitioners at the

14  clinic have active appropriate certification or licensure for

15  the level of care being provided.

16         (e)  Serve as the clinic records owner as defined in s.

17  456.057.

18         (f)  Ensure compliance with the recordkeeping, office

19  surgery, and adverse incident reporting requirements of

20  chapter 456, the respective practice acts, and rules adopted

21  under this part.

22         (g)  Conduct systematic reviews of clinic billings to

23  ensure that the billings are not fraudulent or unlawful. Upon

24  discovery of an unlawful charge, the medical director or

25  clinic director shall take immediate corrective action. If the

26  clinic performs only the technical component of magnetic

27  resonance imaging, static radiographs, computed tomography, or

28  position emission tomography, and provides the professional

29  interpretation of such services, in a fixed facility that is

30  accredited by the Joint Commission on Accreditation of

31  Healthcare Organizations or the Accreditation Association for


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    CS for SB 560                                 Second Engrossed



 1  Ambulatory Health Care, and the American College of Radiology;

 2  and if, in the preceding quarter, the percentage of scans

 3  performed by that clinic which was billed to all personal

 4  injury protection insurance carriers was less than 15 percent,

 5  the chief financial officer of the clinic may, in a written

 6  acknowledgement provided to the agency, assume the

 7  responsibility for the conduct of the systematic reviews of

 8  clinic billings to ensure that the billings are not fraudulent

 9  or unlawful.

10         Section 16.  Present subsections (3) and (4) of section

11  395.1027, Florida Statutes, are redesignated as subsections

12  (4) and (5), respectively, and a new subsection (3) is added

13  to that section, to read:

14         395.1027  Regional poison control centers.--

15         (3)  Upon request, a licensed facility shall release to

16  a regional poison control center any patient information that

17  is necessary for case management of poison cases.

18         Section 17.  Subsections (1) and (2) and paragraph (a)

19  of subsection (4) of section 627.64171, Florida Statutes, are

20  amended to read:

21         627.64171  Coverage for length of stay and outpatient

22  postsurgical care.--

23         (1)  Any health insurance policy that is issued,

24  amended, delivered, or renewed in this state which provides

25  coverage for breast cancer treatment may not limit inpatient

26  hospital coverage for lymph-node dissections or mastectomies

27  to any period that is less than that determined by the

28  treating physician to be medically necessary in accordance

29  with prevailing medical standards and after consultation with

30  the insured patient.

31  


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    CS for SB 560                                 Second Engrossed



 1         (2)  Any health insurance policy that provides coverage

 2  for mastectomies under subsection (1) must also provide

 3  coverage for outpatient postsurgical followup care in keeping

 4  with prevailing medical standards by a licensed health care

 5  professional qualified to provide postsurgical mastectomy

 6  care. The treating physician, after consultation with the

 7  insured patient, may choose that the outpatient care be

 8  provided at the most medically appropriate setting, which may

 9  include the hospital, treating physician's office, outpatient

10  center, or home of the insured patient.

11         (4)(a)  This section does not require an insured

12  patient to have a lymph-node dissection or a the mastectomy in

13  the hospital or stay in the hospital for a fixed period of

14  time following a lymph-node dissection or a the mastectomy.

15         Section 18.  Subsections (1) and (2) and paragraph (a)

16  of subsection (4) of section 627.66121, Florida Statutes, are

17  amended to read:

18         627.66121  Coverage for length of stay and outpatient

19  postsurgical care.--

20         (1)  Any group, blanket, or franchise accident or

21  health insurance policy that is issued, amended, delivered, or

22  renewed in this state which provides coverage for breast

23  cancer treatment may not limit inpatient hospital coverage for

24  lymph-node dissections or mastectomies to any period that is

25  less than that determined by the treating physician to be

26  medically necessary in accordance with prevailing medical

27  standards and after consultation with the insured patient.

28         (2)  Any group, blanket, or franchise accident or

29  health insurance policy that provides coverage for

30  mastectomies under subsection (1) must also provide coverage

31  for outpatient postsurgical followup care in keeping with


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    CS for SB 560                                 Second Engrossed



 1  prevailing medical standards by a licensed health care

 2  professional qualified to provide postsurgical mastectomy

 3  care. The treating physician, after consultation with the

 4  insured patient, may choose that the outpatient care be

 5  provided at the most medically appropriate setting, which may

 6  include the hospital, treating physician's office, outpatient

 7  center, or home of the insured patient.

 8         (4)(a)  This section does not require an insured

 9  patient to have a lymph-node dissection or a the mastectomy in

10  the hospital or stay in the hospital for a fixed period of

11  time following a lymph-node dissection or a the mastectomy.

12         Section 19.  Paragraphs (a) and (c) of subsection (31)

13  of section 641.31, Florida Statutes, are amended to read:

14         641.31  Health maintenance contracts.--

15         (31)(a)  Health maintenance contracts that provide

16  coverage, benefits, or services for breast cancer treatment

17  may not limit inpatient hospital coverage for lymph-node

18  dissections or mastectomies to any period that is less than

19  that determined by the treating physician under contract with

20  the health maintenance organization to be medically necessary

21  in accordance with prevailing medical standards and after

22  consultation with the covered patient. Such contract must also

23  provide coverage for outpatient postsurgical followup care in

24  keeping with prevailing medical standards by a licensed health

25  care professional under contract with the health maintenance

26  organization qualified to provide postsurgical mastectomy

27  care. The treating physician under contract with the health

28  maintenance organization, after consultation with the covered

29  patient, may choose that the outpatient care be provided at

30  the most medically appropriate setting, which may include the

31  


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    CS for SB 560                                 Second Engrossed



 1  hospital, treating physician's office, outpatient center, or

 2  home of the covered patient.

 3         (c)1.  This subsection does not require a covered

 4  patient to have a lymph-node dissection or a the mastectomy in

 5  the hospital or stay in the hospital for a fixed period of

 6  time following a lymph-node dissection or a the mastectomy.

 7         2.  This subsection does not prevent a contract from

 8  imposing deductibles, coinsurance, or other cost sharing in

 9  relation to benefits pursuant to this subsection, except that

10  such cost sharing shall not exceed cost sharing with other

11  benefits.

12         Section 20.  This act shall take effect July 1, 2004.

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CODING: Words stricken are deletions; words underlined are additions.