Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 97
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             04/28/2014 04:20 PM       .      05/01/2014 02:38 PM       

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