Florida Senate - 2014                                     SB 142
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00173A-14                                           2014142__
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity for dentists and
    3         dental hygienists; amending s. 766.1115, F.S.;
    4         revising a definition; requiring a contract with a
    5         governmental contractor for health care services to
    6         include a provision for a health care provider
    7         licensed under ch. 466, F.S., as an agent of the
    8         governmental contractor, to allow a patient or a
    9         parent or guardian of the patient to voluntarily
   10         contribute a fee to cover costs of dental laboratory
   11         work related to the services provided to the patient
   12         without forfeiting sovereign immunity; prohibiting the
   13         contribution from exceeding the actual amount of the
   14         dental laboratory charges; providing that the
   15         contribution complies with the requirements of s.
   16         766.1115, F.S.; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (3) of section
   21  766.1115, Florida Statutes, is amended, and paragraph (g) is
   22  added to subsection (4) of that section, to read:
   23         766.1115 Health care providers; creation of agency
   24  relationship with governmental contractors.—
   25         (3) DEFINITIONS.—As used in this section, the term:
   26         (a) “Contract” means an agreement executed in compliance
   27  with this section between a health care provider and a
   28  governmental contractor which allows. This contract shall allow
   29  the health care provider to deliver health care services to low
   30  income recipients as an agent of the governmental contractor.
   31  The contract must be for volunteer, uncompensated services. For
   32  services to qualify as volunteer, uncompensated services under
   33  this section, the health care provider must receive no
   34  compensation from the governmental contractor for any services
   35  provided under the contract and must not bill or accept
   36  compensation from the recipient, or a any public or private
   37  third-party payor, for the specific services provided to the
   38  low-income recipients covered by the contract.
   39         (4) CONTRACT REQUIREMENTS.—A health care provider that
   40  executes a contract with a governmental contractor to deliver
   41  health care services on or after April 17, 1992, as an agent of
   42  the governmental contractor is an agent for purposes of s.
   43  768.28(9), while acting within the scope of duties under the
   44  contract, if the contract complies with the requirements of this
   45  section and regardless of whether the individual treated is
   46  later found to be ineligible. A health care provider under
   47  contract with the state may not be named as a defendant in any
   48  action arising out of medical care or treatment provided on or
   49  after April 17, 1992, under contracts entered into under this
   50  section. The contract must provide that:
   51         (g) Notwithstanding subsection (3), as an agent of the
   52  governmental contractor for purposes of s. 768.28(9), while
   53  acting within the scope of duties under the contract, a health
   54  care provider licensed under chapter 466 may allow a patient or
   55  a parent or guardian of the patient to voluntarily contribute a
   56  fee to cover costs of dental laboratory work related to the
   57  services provided to the patient. This contribution may not
   58  exceed the actual cost of the dental laboratory charges and is
   59  deemed in compliance with this section.
   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         Section 2. This act shall take effect July 1, 2014.