Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1066
       
       
       
       
       
       
                                Ì3076368Î307636                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 402 and 403
    4  insert:
    5         Section 21. Subsection (4) of section 766.1115, Florida
    6  Statutes, is amended to read:
    7         766.1115 Health care providers; creation of agency
    8  relationship with governmental contractors.—
    9         (4) CONTRACT REQUIREMENTS.—A health care provider that
   10  executes a contract with a governmental contractor to deliver
   11  health care services on or after April 17, 1992, as an agent of
   12  the governmental contractor is an agent for purposes of s.
   13  768.28(9), while acting within the scope of duties under the
   14  contract, if the contract complies with the requirements of this
   15  section and regardless of whether the individual treated is
   16  later found to be ineligible. A health care provider shall
   17  continue to be an agent for purposes of s. 768.28(9) for 30 days
   18  after a determination of ineligibility to allow for treatment
   19  until the individual transitions to treatment by another health
   20  care provider. A health care provider under contract with the
   21  state may not be named as a defendant in any action arising out
   22  of medical care or treatment provided on or after April 17,
   23  1992, under contracts entered into under this section. The
   24  contract must provide that:
   25         (a) The right of dismissal or termination of any health
   26  care provider delivering services under the contract is retained
   27  by the governmental contractor.
   28         (b) The governmental contractor has access to the patient
   29  records of any health care provider delivering services under
   30  the contract.
   31         (c) Adverse incidents and information on treatment outcomes
   32  must be reported by any health care provider to the governmental
   33  contractor if the incidents and information pertain to a patient
   34  treated under the contract. The health care provider shall
   35  submit the reports required by s. 395.0197. If an incident
   36  involves a professional licensed by the Department of Health or
   37  a facility licensed by the Agency for Health Care
   38  Administration, the governmental contractor shall submit such
   39  incident reports to the appropriate department or agency, which
   40  shall review each incident and determine whether it involves
   41  conduct by the licensee that is subject to disciplinary action.
   42  All patient medical records and any identifying information
   43  contained in adverse incident reports and treatment outcomes
   44  which are obtained by governmental entities under this paragraph
   45  are confidential and exempt from the provisions of s. 119.07(1)
   46  and s. 24(a), Art. I of the State Constitution.
   47         (d) Patient selection and initial referral must be made by
   48  the governmental contractor or the provider. Patients may not be
   49  transferred to the provider based on a violation of the
   50  antidumping provisions of the Omnibus Budget Reconciliation Act
   51  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
   52  chapter 395.
   53         (e) If emergency care is required, the patient need not be
   54  referred before receiving treatment, but must be referred within
   55  48 hours after treatment is commenced or within 48 hours after
   56  the patient has the mental capacity to consent to treatment,
   57  whichever occurs later.
   58         (f) The provider is subject to supervision and regular
   59  inspection by the governmental contractor.
   60  
   61  A governmental contractor that is also a health care provider is
   62  not required to enter into a contract under this section with
   63  respect to the health care services delivered by its employees.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete line 62
   68  and insert:
   69         as a physical therapist; amending s. 766.1115, F.S.;
   70         extending the period a health care provider remains an
   71         agent of the state after an individual is deemed
   72         inelgible; amending s. 823.05, F.S.;