Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 818 Barcode 229300 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 04/28/2011 02:14 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 27subpoenafrom 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 authorizationor the34issuance of a subpoenawould 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.;