Florida Senate - 2018                             CS for SB 1862
       
       
        
       By the Committee on Rules; and Senator Broxson
       
       
       
       
       
       595-03995-18                                          20181862c1
    1                        A bill to be entitled                      
    2         An act relating to the Physician Fee Sharing Task
    3         Force; creating s. 456.0541, F.S.; establishing the
    4         Physician Fee Sharing Task Force within the Department
    5         of Health; providing for duties, membership, and
    6         meetings of the task force; requiring a report to the
    7         Governor and Legislature by a specified date;
    8         providing for expiration of the task force; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 456.0541, Florida Statutes is created to
   14  read:
   15         456.0541Physician Fee Sharing Task Force.—
   16         (1)The Physician Fee Sharing Task Force is created within
   17  the department. The department shall use existing and available
   18  resources to administer and support the activities of the task
   19  force under this section.
   20         (2)Members of the task force shall serve without
   21  compensation and are not entitled to reimbursement for per diem
   22  or travel expenses. The task force shall consist, at a minimum,
   23  of the following members:
   24         (a)The State Surgeon General or his or her designee, who
   25  shall serve as the chair of the task force.
   26         (b)The Secretary of Health Care Administration or his or
   27  her designee.
   28         (c)The Attorney General or his or her designee.
   29         (d)Two members of the Legislature appointed by the
   30  Governor.
   31         (e)Two members of the Senate appointed by the President of
   32  the Senate.
   33         (f)Two members of the House of Representatives appointed
   34  by the Speaker of the House of Representatives.
   35         (g)Two representatives of hospitals or facilities licensed
   36  under chapter 395, who each regularly deal with health care
   37  fraud and abuse matters, particularly those relating to the
   38  federal False Claims Act, the federal Ethics in Patient
   39  Referrals Act of 1989, and anti-kickback issues, appointed by
   40  the Secretary of Health Care Administration.
   41         (h)One general counsel of a health insurer or his or her
   42  designee, who is familiar with health care fraud and abuse
   43  matters, particularly those relating to the federal False Claims
   44  Act, federal Ethics in Patient Referrals Act of 1989, and anti
   45  kickback issues, appointed by the Secretary of Health Care
   46  Administration.
   47         (i)Five health care practitioners, each of whom practices
   48  in a different area of medicine, appointed by the State Surgeon
   49  General.
   50         (j)One representative of an organization that represents
   51  health care practitioners who is familiar with health care fraud
   52  and abuse matters, particularly those relating to the federal
   53  False Claims Act, federal Ethics in Patient Referrals Act of
   54  1989, and anti-kickback issues, appointed by the President of
   55  the Senate.
   56         (k)One representative of The Florida Bar, whose practice
   57  area primarily involves health care fraud and abuse matters,
   58  particularly those relating to the federal False Claims Act,
   59  federal Ethics in Patient Referrals Act of 1989, and anti
   60  kickback issues, appointed by the Executive Director of The
   61  Florida Bar.
   62         (l)Two representatives from companies whose primary
   63  business function is the development and deployment of a
   64  certified electronic health record, appointed by the Speaker of
   65  the House of Representatives.
   66         (m)Two representatives from companies whose primary
   67  business function is the development and deployment of health
   68  information technology, such as population health or data
   69  analytics, which is not a certified electronic health record,
   70  appointed by the President of the Senate.
   71         (n)Two representatives from a company whose primary
   72  business function is the development and deployment of smart
   73  medical devices, such as remote patient monitoring, appointed by
   74  the Speaker of the House of Representatives.
   75         (o)One representative from an investment company whose
   76  investment portfolio is comprised of at least 20 percent in
   77  health information technology investments, appointed by the
   78  President of the Senate.
   79         (3)The task force shall develop and evaluate policy
   80  proposals to address barriers to innovation and modernization of
   81  provider payment models created by the federal Ethics in Patient
   82  Referrals Act of 1989, the Florida Patient Self-Referral Act of
   83  1992, federal and state anti-kickback laws, and the state
   84  patient brokering law, including policy proposals for:
   85         (a)Implementing and maintaining alternative payment
   86  models.
   87         (b)Increasing or extending existing safe harbor provisions
   88  to include physician practice groups.
   89         (c)Reforming the liability standard for violations.
   90         (4)The task force shall convene its first meeting by June
   91  1, 2018, and shall meet as often as necessary to fulfill its
   92  responsibilities under this section. Meetings may be conducted
   93  in person, by teleconference, or by other electronic means.
   94         (5)The task force shall submit a report by December 1,
   95  2018, to the Governor, the President of the Senate, and the
   96  Speaker of the House of Representatives which includes its
   97  findings, conclusions, and recommendations.
   98         (6)This section expires January 1, 2019.
   99         Section 2. This act shall take effect upon becoming a law.