Florida Senate - 2011                             CS for SB 1454
       
       
       
       By the Committee on Health Regulation; and Senator Garcia
       
       
       
       
       588-03809-11                                          20111454c1
    1                        A bill to be entitled                      
    2         An act relating to surrendered newborn infants;
    3         amending s. 383.50, F.S.; providing that if the mother
    4         of a newborn infant considers applying for eligibility
    5         for the Medicaid program through the hospital as a
    6         qualified Medicaid provider, the hospital must notify
    7         the mother that the act of applying for Medicaid will
    8         cause her personal information included on the
    9         Medicaid application to be submitted to the Department
   10         of Children and Family Services; authorizing a
   11         hospital to seek reimbursement from Medicaid for care
   12         provided to a surrendered newborn infant and the
   13         mother of a surrendered newborn infant related to
   14         labor and delivery of the infant, if the infant is
   15         determined by the Department of Children and Family
   16         Services to be Medicaid eligible; prohibiting the
   17         hospital from seeking payment for such care from the
   18         mother of a surrendered newborn infant or from any
   19         individual financially responsible for the mother of a
   20         surrendered newborn infant; amending s. 409.911, F.S.;
   21         redefining the definition of “charity care” for the
   22         disproportionate share program; providing that if a
   23         patient has income that exceeds a specified multiple
   24         of the federal poverty level, the care provided to the
   25         patient does not qualify as charity care unless the
   26         care is provided without compensation to a surrendered
   27         newborn infant or the person financially responsible
   28         for the mother of the surrendered newborn infant;
   29         providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (5) of section 383.50, Florida
   34  Statutes, is amended to read:
   35         383.50 Treatment of surrendered newborn infant.—
   36         (5)(a) Except when there is actual or suspected child abuse
   37  or neglect, any parent who leaves a newborn infant with a
   38  firefighter, emergency medical technician, or paramedic at a
   39  fire station or emergency medical services station, or brings a
   40  newborn infant to an emergency room of a hospital and expresses
   41  an intent to leave the newborn infant and not return, has the
   42  absolute right to remain anonymous and to leave at any time and
   43  may not be pursued or followed unless the parent seeks to
   44  reclaim the newborn infant.
   45         (b) When an infant is born in a hospital and the mother
   46  expresses intent to leave the infant and not return:,
   47         1. Upon the mother’s request, the hospital or registrar
   48  shall complete the infant’s birth certificate without naming the
   49  mother thereon.
   50         2.If the mother considers applying for eligibility for the
   51  Medicaid program through the hospital as a qualified Medicaid
   52  provider, the hospital shall notify the mother that the act of
   53  applying for Medicaid will cause her personal information
   54  included on the Medicaid application to be submitted to the
   55  Department of Children and Family Services and that she will be
   56  contacted by the department or the Medicaid program, or both,
   57  about her Medicaid eligibility status. The hospital shall
   58  confirm that the mother wishes to apply for Medicaid and
   59  understands the notification by obtaining her signature on a
   60  written acknowledgment of having received notice, if she chooses
   61  to apply.
   62         3.The hospital may seek reimbursement from Medicaid, as
   63  applicable, for care provided to a surrendered newborn infant
   64  and the mother of a surrendered newborn infant related to labor
   65  and delivery of the infant, if the infant is determined by the
   66  Department of Children and Family Services to be Medicaid
   67  eligible and if the hospital renders care not reimbursable by
   68  Medicaid under subparagraph 2. For such care not reimbursable
   69  under Medicaid, the hospital may seek to classify the care as
   70  charity care under s. 409.911(1)(c). The hospital may not seek
   71  payment for such care from the mother of a surrendered newborn
   72  infant or from any individual financially responsible for the
   73  mother of a surrendered newborn infant.
   74         Section 2. Paragraph (c) of subsection (1) of section
   75  409.911, Florida Statutes, is amended to read:
   76         409.911 Disproportionate share program.—Subject to specific
   77  allocations established within the General Appropriations Act
   78  and any limitations established pursuant to chapter 216, the
   79  agency shall distribute, pursuant to this section, moneys to
   80  hospitals providing a disproportionate share of Medicaid or
   81  charity care services by making quarterly Medicaid payments as
   82  required. Notwithstanding the provisions of s. 409.915, counties
   83  are exempt from contributing toward the cost of this special
   84  reimbursement for hospitals serving a disproportionate share of
   85  low-income patients.
   86         (1) DEFINITIONS.—As used in this section, s. 409.9112, and
   87  the Florida Hospital Uniform Reporting System manual:
   88         (c) “Charity care” or “uncompensated charity care” means
   89  that portion of hospital charges reported to the Agency for
   90  Health Care Administration for which there is no compensation,
   91  other than restricted or unrestricted revenues provided to a
   92  hospital by local governments or tax districts regardless of the
   93  method of payment, for:
   94         1. Care provided to a patient whose family income for the
   95  12 months preceding the determination is less than or equal to
   96  200 percent of the federal poverty level, unless the amount of
   97  hospital charges due from the patient exceeds 25 percent of the
   98  annual family income; or
   99         2. Care provided under conditions described in s.
  100  383.50(5)(b).
  101  
  102  However, in no case shall the Hospital charges for a patient
  103  whose family income exceeds four times the federal poverty level
  104  for a family of four may not be considered charity, except for
  105  care provided without compensation under conditions described in
  106  s. 383.50(5)(b).
  107         Section 3. This act shall take effect July 1, 2011.