Florida Senate - 2014                              CS for SB 142
       By the Committee on Appropriations; and Senator Hays
       576-04492-14                                           2014142c1
    1                        A bill to be entitled                      
    2         An act relating to access to health care for the
    3         underserved; amending s. 766.1115, F.S.; revising the
    4         definition of the term “contract”; extending the
    5         period of time for which a health care provider
    6         remains an agent of the state after an individual
    7         under his or her care is deemed ineligible; requiring
    8         that a contract with a governmental contractor for
    9         health care services include a provision allowing a
   10         voluntary contribution toward certain dental
   11         laboratory work; prohibiting the contribution from
   12         exceeding the actual amount of the dental laboratory
   13         charges; amending s. 466.00673, F.S.; delaying the
   14         future repeal of provisions authorizing the health
   15         access dental license; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraph (a) of subsection (3) and subsection
   20  (4) of section 766.1115, Florida Statutes, are amended to read:
   21         766.1115 Health care providers; creation of agency
   22  relationship with governmental contractors.—
   23         (3) DEFINITIONS.—As used in this section, the term:
   24         (a) “Contract” means an agreement executed in compliance
   25  with this section between a health care provider and a
   26  governmental contractor which allows. This contract shall allow
   27  the health care provider to deliver health care services to low
   28  income recipients as an agent of the governmental contractor.
   29  The contract must be for volunteer, uncompensated services,
   30  except as provided in paragraph (4)(g). For services to qualify
   31  as volunteer, uncompensated services under this section, the
   32  health care provider must receive no compensation from the
   33  governmental contractor for any services provided under the
   34  contract and must not bill or accept compensation from the
   35  recipient, or a any public or private third-party payor, for the
   36  specific services provided to the low-income recipients covered
   37  by the contract.
   38         (4) CONTRACT REQUIREMENTS.—A health care provider that
   39  executes a contract with a governmental contractor to deliver
   40  health care services on or after April 17, 1992, as an agent of
   41  the governmental contractor is an agent for purposes of s.
   42  768.28(9), while acting within the scope of duties under the
   43  contract, if the contract complies with the requirements of this
   44  section and regardless of whether the individual treated is
   45  later found to be ineligible. A health care provider shall
   46  continue to be an agent for purposes of s. 768.28(9) for 30 days
   47  after a determination of ineligibility to allow for treatment
   48  until the individual transitions to treatment by another health
   49  care provider. A health care provider under contract with the
   50  state may not be named as a defendant in any action arising out
   51  of medical care or treatment provided on or after April 17,
   52  1992, under contracts entered into under this section. The
   53  contract must provide that:
   54         (a) The right of dismissal or termination of any health
   55  care provider delivering services under the contract is retained
   56  by the governmental contractor.
   57         (b) The governmental contractor has access to the patient
   58  records of any health care provider delivering services under
   59  the contract.
   60         (c) Adverse incidents and information on treatment outcomes
   61  must be reported by any health care provider to the governmental
   62  contractor if the incidents and information pertain to a patient
   63  treated under the contract. The health care provider shall
   64  submit the reports required by s. 395.0197. If an incident
   65  involves a professional licensed by the Department of Health or
   66  a facility licensed by the Agency for Health Care
   67  Administration, the governmental contractor shall submit such
   68  incident reports to the appropriate department or agency, which
   69  shall review each incident and determine whether it involves
   70  conduct by the licensee that is subject to disciplinary action.
   71  All patient medical records and any identifying information
   72  contained in adverse incident reports and treatment outcomes
   73  which are obtained by governmental entities under this paragraph
   74  are confidential and exempt from the provisions of s. 119.07(1)
   75  and s. 24(a), Art. I of the State Constitution.
   76         (d) Patient selection and initial referral must be made by
   77  the governmental contractor or the provider. Patients may not be
   78  transferred to the provider based on a violation of the
   79  antidumping provisions of the Omnibus Budget Reconciliation Act
   80  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
   81  chapter 395.
   82         (e) If emergency care is required, the patient need not be
   83  referred before receiving treatment, but must be referred within
   84  48 hours after treatment is commenced or within 48 hours after
   85  the patient has the mental capacity to consent to treatment,
   86  whichever occurs later.
   87         (f) The provider is subject to supervision and regular
   88  inspection by the governmental contractor.
   89         (g) As an agent of the governmental contractor for purposes
   90  of s. 768.28(9), while acting within the scope of duties under
   91  the contract, a health care provider licensed under chapter 466
   92  may allow a patient, or a parent or guardian of the patient, to
   93  voluntarily contribute a monetary amount to cover costs of
   94  dental laboratory work related to the services provided to the
   95  patient. This contribution may not exceed the actual cost of the
   96  dental laboratory charges.
   98  A governmental contractor that is also a health care provider is
   99  not required to enter into a contract under this section with
  100  respect to the health care services delivered by its employees.
  101         Section 2. Section 466.00673, Florida Statutes, is amended
  102  to read:
  103         466.00673 Repeal of a health access dental license.
  104  Effective January 1, 2020 2015, ss. 466.0067-466.00673 are
  105  repealed unless reenacted by the Legislature. Any health access
  106  dental license issued before January 1, 2020 2015, shall remain
  107  valid according to ss. 466.0067-466.00673, without effect from
  108  repeal.
  109         Section 3. This act shall take effect July 1, 2014.