Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for SB 818
Barcode 229300
LEGISLATIVE ACTION
Senate . House
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Floor: 1/F/2R .
04/28/2011 02:14 PM .
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Senator Bogdanoff moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 417 and 418
4 insert:
5 Section 3. Paragraph (a) of subsection (9) of section
6 456.057, Florida Statutes, is amended to read:
7 456.057 Ownership and control of patient records; report or
8 copies of records to be furnished.—
9 (9)(a)1. The department may obtain patient records pursuant
10 to a subpoena without written authorization from the patient if
11 the department and the probable cause panel of the appropriate
12 board, if any, find reasonable cause to believe that a health
13 care practitioner has excessively or inappropriately prescribed
14 any controlled substance specified in chapter 893 in violation
15 of this chapter or any professional practice act or that a
16 health care practitioner has practiced his or her profession
17 below that level of care, skill, and treatment required as
18 defined by this chapter or any professional practice act and
19 also find that appropriate, reasonable attempts were made to
20 obtain a patient release. Notwithstanding the foregoing, the
21 department need not attempt to obtain a patient release when
22 investigating an offense involving the inappropriate
23 prescribing, overprescribing, or diversion of controlled
24 substances and the offense involves a pain-management clinic.
25 The department may obtain patient records pursuant to a subpoena
26 and without patient authorization or notification to the patient
27 subpoena from any pain-management clinic required to be licensed
28 if the department has probable cause to believe that a violation
29 of any provision of s. 458.3265 or s. 459.0137 is occurring or
30 has occurred and reasonably believes that obtaining such patient
31 authorization is not feasible due to the volume of the
32 dispensing and prescribing activity involving controlled
33 substances and that obtaining patient authorization or the
34 issuance of a subpoena would jeopardize the investigation.
35 2. The department may obtain patient records and insurance
36 information pursuant to a subpoena without written authorization
37 from the patient if the department and the probable cause panel
38 of the appropriate board, if any, find reasonable cause to
39 believe that a health care practitioner has provided inadequate
40 medical care based on termination of insurance and also find
41 that appropriate, reasonable attempts were made to obtain a
42 patient release.
43 3. The department may obtain patient records, billing
44 records, insurance information, provider contracts, and all
45 attachments thereto pursuant to a subpoena without written
46 authorization from the patient if the department and probable
47 cause panel of the appropriate board, if any, find reasonable
48 cause to believe that a health care practitioner has submitted a
49 claim, statement, or bill using a billing code that would result
50 in payment greater in amount than would be paid using a billing
51 code that accurately describes the services performed, requested
52 payment for services that were not performed by that health care
53 practitioner, used information derived from a written report of
54 an automobile accident generated pursuant to chapter 316 to
55 solicit or obtain patients personally or through an agent
56 regardless of whether the information is derived directly from
57 the report or a summary of that report or from another person,
58 solicited patients fraudulently, received a kickback as defined
59 in s. 456.054, violated the patient brokering provisions of s.
60 817.505, or presented or caused to be presented a false or
61 fraudulent insurance claim within the meaning of s.
62 817.234(1)(a), and also find that, within the meaning of s.
63 817.234(1)(a), patient authorization cannot be obtained because
64 the patient cannot be located or is deceased, incapacitated, or
65 suspected of being a participant in the fraud or scheme, and if
66 the subpoena is issued for specific and relevant records.
67 4. Notwithstanding subparagraphs 1.-3., when the department
68 investigates a professional liability claim or undertakes action
69 pursuant to s. 456.049 or s. 627.912, the department may obtain
70 patient records pursuant to a subpoena without written
71 authorization from the patient if the patient refuses to
72 cooperate or if the department attempts to obtain a patient
73 release and the failure to obtain the patient records would be
74 detrimental to the investigation.
75
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete line 16
79 and insert:
80 Health to adopt rules; amending s. 456.057, F.S.;
81 authorizing the Department of Health to obtain patient
82 records pursuant to a subpoena and without
83 notification to the patient from a pain-management
84 clinic under certain circumstances; amending s.
85 458.305, F.S.;