Florida Senate - 2012 SB 1024
By Senator Garcia
40-00449-12 20121024__
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 eligible for Medicaid; 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 term “charity care” for purposes of 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 to a surrendered newborn infant and
27 the mother without compensation; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (5) of section 383.50, Florida
33 Statutes, is amended to read:
34 383.50 Treatment of surrendered newborn infant.—
35 (5)(a) Except when there is actual or suspected child abuse
36 or neglect, any parent who leaves a newborn infant with a
37 firefighter, emergency medical technician, or paramedic at a
38 fire station or emergency medical services station, or brings a
39 newborn infant to an emergency room of a hospital and expresses
40 an intent to leave the newborn infant and not return, has the
41 absolute right to remain anonymous and to leave at any time and
42 may not be pursued or followed unless the parent seeks to
43 reclaim the newborn infant.
44 (b) When an infant is born in a hospital and the mother
45 expresses intent to leave the infant and not return:,
46 1. Upon the mother’s request, the hospital or registrar
47 shall complete the infant’s birth certificate without naming the
48 mother thereon.
49 2. If the mother considers applying for eligibility for the
50 Medicaid program through the hospital as a qualified Medicaid
51 provider, the hospital shall notify the mother that the act of
52 applying for Medicaid will cause her personal information
53 included on the Medicaid application to be submitted to the
54 Department of Children and Family Services and that she will be
55 contacted by the department or the Medicaid program, or both,
56 about her Medicaid eligibility status. The hospital shall
57 confirm that the mother wishes to apply for Medicaid and
58 understands the notification by obtaining her signature on a
59 written acknowledgment of having received notice, if she chooses
60 to apply.
61 3. The hospital may seek reimbursement from Medicaid, as
62 applicable, for care provided to a surrendered newborn infant
63 and the mother of a surrendered newborn infant related to labor
64 and delivery of the infant, if the infant is determined by the
65 Department of Children and Family Services to be eligible to
66 receive Medicaid and if the hospital renders care that is not
67 reimbursable by Medicaid under subparagraph 2. For care that is
68 not reimbursable under Medicaid, the hospital may seek to
69 classify the care as charity care under s. 409.911(1)(c). The
70 hospital may not seek payment for such care from the mother of a
71 surrendered newborn infant or from any individual who is
72 financially responsible for the mother of a surrendered newborn
73 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, 2012.