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.;