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:
15 456.0541 Physician 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.