Florida Senate - 2008 (Reformatted) SB 174

By Senator Wilson

33-00061-08 2008174__

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A bill to be entitled

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An act relating to infant eye care; amending s. 383.04,

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F.S.; requiring certain eye examinations for all infants

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born in hospitals in the state; revising an exception to

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the applicability of certain requirements concerning

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infant eye care; amending s. 383.07, F.S.; clarifying the

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application of a penalty; amending ss. 627.6416 and

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641.31, F.S.; providing that coverage for children under

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health insurance policies and health maintenance

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organization contracts must include certain eye

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examinations for infants and children; providing that the

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act fulfills an important state interest; providing for

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application; providing an effective date.

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

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     Section 1.  Section 383.04, Florida Statutes, is amended to

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read:

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     383.04  Prophylactic required for eyes of infants.--

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     (1) Every physician, midwife, or other person in attendance

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at the birth of a child in the state shall is required to instill

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or have instilled into the eyes of the baby within 1 hour after

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birth an effective prophylactic recommended by the Committee on

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Infectious Diseases of the American Academy of Pediatrics for the

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prevention of neonatal ophthalmia.

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     (2) Each child born in a hospital in the state must, before

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being discharged from the hospital, receive an eye examination

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using an opthalmoscope and dilation of the pupils for detection

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of pediatric congenital and ocular abnormalities.

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     (3) This section does not apply to cases where the parents

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file written objections with the physician, midwife, or other

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person in attendance at the birth of a child written objections

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on account of religious beliefs contrary to the use of drugs. In

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such case the physician, midwife, or other person in attendance

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shall maintain a record that such measures were or were not

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employed and attach thereto any written objection.

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     Section 2.  Section 383.07, Florida Statutes, is amended to

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read:

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     383.07  Penalty for violation.--Any person who fails to

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comply with the provisions of s. 383.04(1) or s. 383.06 commits

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ss. 383.04-383.06 shall be guilty of a misdemeanor of the second

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degree, punishable as provided in s. 775.083.

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     Section 3.  Paragraph (a) of subsection (2) of section

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627.6416, Florida Statutes, is amended to read:

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     627.6416  Coverage for child health supervision services.--

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     (2)  As used in this section, the term "child health

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supervision services" means physician-delivered or physician-

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supervised services that include, at a minimum, services

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delivered at the intervals and scope stated in this section.

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     (a)  Child health supervision services must include periodic

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visits that which shall include a history;, a physical

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examination;, a developmental assessment and anticipatory

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guidance;, and appropriate immunizations and laboratory tests;

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and eye examinations at birth, at 6 to 8 weeks of age, and at 6

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to 9 months of age, using an opthalmoscope and dilation of the

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pupils for detection of pediatric congenital and ocular

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abnormalities and developmental abnormalities. Such services and

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periodic visits shall be provided in accordance with prevailing

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medical standards consistent with the Recommendations for

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Preventive Pediatric Health Care of the American Academy of

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Pediatrics.

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     Section 4.  Subsection (30) of section 641.31, Florida

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Statutes, is amended to read:

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     641.31  Health maintenance contracts.--

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     (30)(a)  All health maintenance contracts which provide

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coverage, benefits, or services for a member of the family of the

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subscriber must, as to such family member's coverage, benefits,

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or services, also provide that the benefits applicable for

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children include coverage for child health supervision services

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from the moment of birth to age 16 years.

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     (b)  As used in this subsection, the term "child health

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supervision services" means physician-delivered or physician-

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supervised services that include, at a minimum, services

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delivered at the intervals and scope stated in this subsection.

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     1.  Child health supervision services must include periodic

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visits that which shall include a history;, a physical

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examination;, a developmental assessment and anticipatory

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guidance;, and appropriate immunizations and laboratory tests;

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and eye examinations at birth, at 6 to 8 weeks of age, and at 6

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to 9 months of age, using an opthalmoscope and dilation of the

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pupils for detection of pediatric congenital and ocular

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abnormalities and developmental abnormalities. Such services and

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periodic visits shall be provided in accordance with prevailing

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medical standards consistent with the Recommendations for

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Preventive Pediatric Health Care of the American Academy of

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Pediatrics.

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     2.  Minimum benefits may be limited to one visit payable to

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one provider for all of the services provided at each visit cited

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in this subsection.

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     Section 5. The Legislature finds that this act fulfills an

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important state interest.

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     Section 6.  This act shall take effect July 1, 2008, and

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applies to policies and contracts issued or renewed on or after

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that date.

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