1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Between line(s) 626 and 627,

5

insert:

6

     Section 13.  Paragraphs (a), (b), (c), and (d) of subsection

7

(4) of section 400.9905, Florida Statutes, are amended to read:

8

     400.9905  Definitions.--

9

     (4)  "Clinic" means an entity at which health care services

10

are provided to individuals and which tenders charges for

11

reimbursement for such services, including a mobile clinic and a

12

portable equipment provider. For purposes of this part, the term

13

does not include and the licensure requirements of this part do

14

not apply to:

15

     (a)  Entities licensed or registered by the state under

16

chapter 395; entities that provide oncology, radiation therapy,

17

and urology services by physicians licensed under chapter 458 or

18

chapter 459 and that do not submit claims for reimbursement to

19

insurers under ss. 627.730-627.7405; or entities licensed or

20

registered by the state and providing only health care services

21

within the scope of services authorized under their respective

22

licenses granted under ss. 383.30-383.335, chapter 390, chapter

23

394, chapter 397, this chapter except part X, chapter 429,

24

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

25

chapter 483, chapter 484, or chapter 651; end-stage renal disease

26

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

27

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

28

subpart H; or any entity that provides neonatal or pediatric

29

hospital-based health care services or other health care services

30

by licensed practitioners solely within a hospital licensed under

31

chapter 395.

32

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

33

licensed or registered by the state pursuant to chapter 395;

34

entities that own, directly or indirectly, an entity that

35

provides oncology, radiation therapy, and urology services by

36

physicians licensed under chapter 458 or chapter 459 and that do

37

not submit claims for reimbursement to insurers under ss.

38

627.730-627.7405; or entities that own, directly or indirectly,

39

entities licensed or registered by the state and providing only

40

health care services within the scope of services authorized

41

pursuant to their respective licenses granted under ss. 383.30-

42

383.335, chapter 390, chapter 394, chapter 397, this chapter

43

except part X, chapter 429, chapter 463, chapter 465, chapter

44

466, chapter 478, part I of chapter 483, chapter 484, chapter

45

651; end-stage renal disease providers authorized under 42 C.F.R.

46

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

47

485, subpart B or subpart H; or any entity that provides neonatal

48

or pediatric hospital-based health care services by licensed

49

practitioners solely within a hospital licensed under chapter

50

395.

51

     (c)  Entities that are owned, directly or indirectly, by an

52

entity licensed or registered by the state pursuant to chapter

53

395; entities that are owned, directly or indirectly, by an

54

entity that provides oncology, radiation therapy, and urology

55

services by physicians licensed under chapter 458 or chapter 459

56

and that do not submit claims for reimbursement to insurers under

57

ss. 627.730-627.7405; or entities that are owned, directly or

58

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

59

providing only health care services within the scope of services

60

authorized pursuant to their respective licenses granted under

61

ss. 383.30-383.335, chapter 390, chapter 394, chapter 397, this

62

chapter except part X, chapter 429, chapter 463, chapter 465,

63

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

64

chapter 651; end-stage renal disease providers authorized under

65

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

66

C.F.R. part 485, subpart B or subpart H; or any entity that

67

provides neonatal or pediatric hospital-based health care

68

services by licensed practitioners solely within a hospital under

69

chapter 395.

70

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

71

indirectly, with an entity licensed or registered by the state

72

pursuant to chapter 395; entities that are under common

73

ownership, directly or indirectly, with an entity that provides

74

oncology, radiation therapy, and urology services by physicians

75

licensed under chapter 458 or chapter 459 and that do not submit

76

claims for reimbursement to insurers under ss. 627.730-627.7405;

77

or entities that are under common ownership, directly or

78

indirectly, with an entity licensed or registered by the state

79

and providing only health care services within the scope of

80

services authorized pursuant to their respective licenses granted

81

under ss. 383.30-383.335, chapter 390, chapter 394, chapter 397,

82

this chapter except part X, chapter 429, chapter 463, chapter

83

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

84

484, or chapter 651; end-stage renal disease providers authorized

85

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

86

42 C.F.R. part 485, subpart B or subpart H; or any entity that

87

provides neonatal or pediatric hospital-based health care

88

services by licensed practitioners solely within a hospital

89

licensed under chapter 395.

90

91

================ T I T L E  A M E N D M E N T ================

92

And the title is amended as follows:

93

     On line(s) 55, after the semicolon,

94

insert:

95

amending s. 400.9905, F.S.; redefining the term "clinic"

96

to exclude certain entities providing oncology, radiation

97

therapy, and urology services from the requirements of the

98

Health Care Clinic Act;

4/24/2008  5:02:00 PM     37-08660-08