Senate Bill sb0594c1

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    Florida Senate - 2005                            CS for SB 594

    By the Committee on Banking and Insurance; and Senator Fasano





    597-2145A-05

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 627.419, F.S.; providing for payments to a

  4         physician assistant under contracts providing

  5         for paying for surgical first assisting

  6         benefits or services; including certified

  7         surgical first assistants, as defined, within

  8         certain benefits or services payment

  9         provisions; limiting application; providing an

10         effective date.

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

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14         Section 1.  Subsection (6) of section 627.419, Florida

15  Statutes, is amended to read:

16         627.419  Construction of policies.--

17         (6)(a)  Notwithstanding any other provision of law,

18  when any health insurance policy, health care services plan,

19  or other contract provides for payment for surgical first

20  assisting benefits or services, the policy, plan, or contract

21  is to be construed as providing for payment to a physician

22  assistant or registered nurse first assistant or employers of

23  a physician assistant or registered nurse first assistant who

24  performs such services that are within the scope of a

25  physician assistant's or a registered nurse first assistant's

26  professional license. The provisions of This paragraph applies

27  subsection apply only if reimbursement for an assisting

28  physician, licensed under chapter 458 or chapter 459, would be

29  covered and a physician assistant or a registered nurse first

30  assistant who performs such services is used as a substitute.

31  

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    Florida Senate - 2005                            CS for SB 594
    597-2145A-05




 1         (b)  Notwithstanding any other provision of law, when

 2  any health insurance policy, health care services plan, or

 3  other contract provides for payment for surgical first

 4  assisting benefits or services, the policy, plan, or contract

 5  is to be construed as providing for payment to a certified

 6  surgical first assistant or to the employer of a certified

 7  surgical first assistant who performs such services that are

 8  assigned by the supervising physician or osteopathic

 9  physician. This paragraph applies only if reimbursement for an

10  assisting physician, licensed under chapter 458 or chapter

11  459, would be covered and the certified surgical first

12  assistant who performs such services is used as a substitute.

13  As used in this paragraph, the term "certified surgical first

14  assistant" means a person who is an unlicensed health care

15  provider that is directly accountable to a physician licensed

16  under chapter 458, an osteopathic physician licensed under

17  chapter 459, or, in the absence of a physician or osteopathic

18  physician, a registered nurse licensed under chapter 464, and

19  who is certified by the National Surgical Assistant

20  Association on the Certification of Surgical Assistants, the

21  Liaison Council on Certification of Surgical Technologists, or

22  the American Board of Surgical Assistants. This paragraph does

23  not require an insurer to reimburse a certified surgical first

24  assistant or the employer of a certified surgical first

25  assistant if payment to the physician, osteopathic physician,

26  or licensed healthcare facility includes the payment of a

27  certified surgical first assistant. The physician to whom the

28  certified surgical first assistant is directly accountable

29  shall be solely responsible for any acts or omissions of the

30  certified surgical first assistant.

31         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                            CS for SB 594
    597-2145A-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 594

 3                                 

 4  The committee substitute provides the following changes:  

 5  o    Expands the lists of entities that may receive direct
         reimbursement from an insurer to include a physician
 6       assistant.

 7  o    Specifies that none of the provisions in the bill would
         require an insurer to provide payment to the certified
 8       surgical first assistant directly if the insurer's
         payment to the physician included the payment of the
 9       surgical first assistant.

10  o    Requires that the physician to whom the certified
         surgical assistant is accountable be solely responsible
11       for the acts and omissions of the certified surgical
         first assistant.
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