Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 1860 Barcode 310400 LEGISLATIVE ACTION Senate . House Comm: WD . 02/29/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget (Altman) recommended the following: 1 Senate Amendment to Amendment (811080) 2 3 Delete lines 1500 - 1611 4 and insert: 5 hospital; and 6 (II) In a facility wholly owned by a physician licensed 7 under chapter 458, chapter 459, or chapter 460, or by the 8 physician and the spouse, parents, children, or siblings of such 9 physician, which facility is selected by the injured person. 10 c. Services and care rendered when an insured is admitted 11 to a hospital within 7 days after the motor vehicle accident, 12 for a condition related to the motor vehicle accident. 13 d. If the insured receives emergency transport and 14 treatment or emergency services and care pursuant to sub 15 subparagraph a. or sub-subparagraph b., or services and care 16 pursuant to sub-subparagraph c., prescribed followup services 17 and care directly related to the medical diagnosis arising from 18 the motor vehicle accident if: 19 (I) The medical diagnosis and determination of the 20 emergency medical condition was rendered in a hospital by a 21 physician licensed under chapter 458, an osteopathic physician 22 licensed under chapter 459, a dentist licensed under chapter 23 466, or, to the extent permitted by applicable law and under the 24 supervision of such physician, osteopathic physician, or 25 dentist, by a physician assistant licensed under chapter 458 or 26 chapter 459 or an advanced registered nurse practitioner 27 licensed under chapter 464, or the insured received services and 28 care while admitted to a hospital; and 29 (II) The prescribed followup services and care are rendered 30 by a physician licensed under chapter 458, an osteopathic 31 physician licensed under chapter 459, a chiropractic physician 32 licensed under chapter 460, or a dentist licensed under chapter 33 466 as selected by the injured person, a physician assistant 34 licensed under chapter 458 or chapter 459, or an advanced 35 registered nurse practitioner licensed under chapter 464. 36 e. If the insured receives services and care pursuant to 37 sub-subparagraph a., sub-subparagraph b., sub-subparagraph c., 38 or sub-subparagraph d., all medically necessary medical, 39 surgical, dental, nursing, or diagnostic ancillary services, 40 hospital or ambulatory surgical center services, durable medical 41 equipment, prosthetics, or orthotics and supplies. 42 2. Up to a limit of $2,000, 80 percent of all reasonable 43 expenses as follows: 44 a. Services and care rendered within 7 days after the motor 45 vehicle accident by a physician licensed under chapter 458, an 46 osteopathic physician licensed under chapter 459, a chiropractic 47 physician licensed under chapter 460, or a dentist licensed 48 under chapter 466, a physician assistant licensed under chapter 49 458 or 459, or an advanced registered nurse practitioner 50 licensed under chapter 464, who is selected by the injured 51 person. 52 b. If the insured receives services and care pursuant to 53 sub-subparagraph a., prescribed followup services and care 54 directly related to the medical diagnosis arising from the motor 55 vehicle accident. The medical benefits provide reimbursement 56 only for followup services and care provided, supervised, 57 ordered, or prescribed by a physician licensed under chapter 58 458, an osteopathic physician licensed under chapter 459, a 59 dentist licensed under chapter 466 or, to the extent permitted 60 by applicable law and under the supervision of such physician, 61 osteopathic physician, or dentist, by a physician assistant 62 licensed under chapter 458 or chapter 459 or an advanced 63 registered nurse practitioner licensed under chapter 464. Such 64 followup services and care may be rendered by a physician 65 licensed under chapter 458, an osteopathic physician licensed 66 under chapter 459, a chiropractic physician licensed under 67 chapter 460, a dentist licensed under chapter 466, or, to the 68 extent permitted by applicable law and under the supervision of 69 such physician, osteopathic physician, or dentist, by a 70 physician assistant licensed under chapter 458 or chapter 459 or 71 an advanced registered nurse practitioner licensed under chapter 72 464, who is selected by the injured person. 73 c. All medically necessary medical, surgical, dental, 74 nursing, or diagnostic ancillary services, hospital or 75 ambulatory surgical center services, durable medical equipment, 76 prosthetics, orthotics, and supplies. 77 d. Payment of benefits under sub-subparagraph a., 78 subparagraph b., or sub-subparagraph c. occurs only if an 79 insured has been determined in a hospital to not have an 80 emergency medical condition or did not present at a hospital but 81 received treatment from a provider identified in sub 82 subparagraph a. within 7 days after the motor vehicle accident. 83 3. Prescribed followup services and care under sub 84 subparagraph 1.d. and reimbursable medical benefits under 85 subparagraph 2. must be provided in a clinic licensed under part 86 X of chapter 400 or an entity excluded from the definition of a 87 clinic. However, as provided in s. 400.9905, an entity excluded 88 from the definition of a clinic shall be deemed a clinic and 89 must be licensed under part X of chapter 400 in order to receive 90 reimbursement for prescribed followup services and care under 91 sub-subparagraph 1.d. unless the entity is: 92 a. An entity wholly owned by a physician licensed under 93 chapter 458 or chapter 459, or by the physician and the spouse, 94 parent, child, or sibling of the physician; 95 b. An entity wholly owned by a dentist licensed under 96 chapter 466, or by the dentist and the spouse, parent, child, or 97 sibling of the dentist; 98 c. An entity wholly owned by a chiropractic physician 99 licensed under chapter 460, or by the chiropractic physician and 100 the spouse, parent, child, or sibling of the chiropractic 101 physician if such entity has filed for a licensing exemption 102 with the Agency for Health Care Administration; or 103 d. A hospital or ambulatory surgical center licensed under 104 chapter 395. 105 4. Medical benefits do not include massage as defined in s. 106 480.033 or acupuncture as defined in s. 457.102, regardless of 107 the person, entity, or licensee providing massage or 108 acupuncture. 109 5. For purposes of ss. 627.748-627.7491, a medical 110 diagnosis that an emergency medical condition exists is presumed 111 to be correct unless rebutted by clear and convincing evidence 112 to the contrary.