Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 7016 Ì520732|Î520732 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/11/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Burton) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 1846 - 1905 4 and insert: 5 (i) A hospital that accepts payment from any medical school 6 in exchange for, or directly or indirectly related to, allowing 7 students from the medical school to obtain clinical hours or 8 instruction at that hospital gives priority to medical students 9 enrolled in a medical school listed in s. 458.3145(1)(i), 10 regardless of such payments. 11 (j) All hospitals with an emergency department, including 12 hospital-based off-campus emergency departments, submit to the 13 agency for approval a nonemergent care access plan (NCAP) for 14 assisting patients gain access to appropriate care settings when 15 they either present at the emergency department with nonemergent 16 health care needs or indicate, when receiving a medical 17 screening examination, triage, or treatment at the hospital, 18 that they lack regular access to primary care. Effective July 1, 19 2025, such NCAP must be approved by the agency before the 20 hospital may receive initial licensure or licensure renewal 21 occurring after that date. A hospital with an approved NCAP must 22 submit data to the agency demonstrating the effectiveness of its 23 plan as part of the licensure renewal process and must update 24 the plan as necessary, or as directed by the agency, before each 25 licensure renewal. An NCAP must include: 26 1. Procedures that ensure the plan does not conflict or 27 interfere with the hospital’s duties and responsibilities under 28 s. 395.1041 or 42 U.S.C. s. 1395dd; 29 2. Procedures to educate patients about care that would be 30 best provided in a primary care setting and the importance of 31 receiving regular primary care; and 32 3. At least one of the following: 33 a. A partnership agreement with one or more nearby 34 federally qualified health centers or other primary care 35 settings. The goals of such partnership agreement must include, 36 but need not be limited to, identifying patients who have 37 presented at the emergency department for nonemergent care, care 38 that would best be provided in a primary care setting, or 39 emergency care that could potentially have been avoided through 40 the regular provision of primary care, and, if such a patient 41 indicates that he or she lacks regular access to primary care, 42 proactively establishing a relationship between the patient and 43 the federally qualified health center or other primary care 44 setting so that the patient develops a medical home at such 45 setting for nonemergent and preventative health care services. 46 b. The establishment, construction, and operation of a 47 hospital-owned urgent care center colocated within or adjacent 48 to the hospital emergency department location. After the 49 hospital conducts a medical screening examination, and if 50 appropriate for the patient’s needs, the hospital may seek to 51 divert to the urgent care center a patient who presents at the 52 emergency department needing nonemergent health care services. 53 An NCAP with procedures for diverting a patient from the 54 emergency department in this manner must include procedures for 55 assisting such patients in identifying appropriate primary care 56 settings, providing a current list, with contact information, of 57 such settings within 20 miles of the hospital location, and 58 subsequently assisting the patient in arranging for a follow-up 59 examination in a primary care setting, as appropriate for the 60 patient. 61 62 For such patients who are enrolled in the Medicaid program and 63 are members of a Medicaid managed care plan, the hospital’s NCAP 64 must include outreach to the patient’s Medicaid managed care 65 plan and coordination with the managed care plan for 66 establishing a relationship between the patient and a primary 67 care setting as appropriate for the patient, which may include a 68 federally qualified health center or other primary care setting 69 with which the hospital has a partnership agreement. For such a 70 Medicaid enrollee, the agency shall establish a process for the 71 hospital to share updated contact information for the patient, 72 if such information is in the hospital’s possession, with the 73 patient’s managed care plan. This paragraph may not be construed 74 to preclude a hospital from complying with s. 395.1041 or 42 75 U.S.C. s. 1395dd. 76 77 ================= T I T L E A M E N D M E N T ================ 78 And the title is amended as follows: 79 Delete lines 166 - 179 80 and insert: 81 adopt rules ensuring that hospitals that accept 82 certain payments give enrollment priority to certain 83 medical students, regardless of such payments, and 84 requiring certain hospitals to submit a nonemergent 85 care access plan (NCAP) to the agency for approval 86 before initial licensure or licensure renewal; 87 requiring that, beginning on a specified date, such 88 NCAPs be approved before a license may be issued or 89 renewed; requiring such hospitals to submit specified 90 data to the agency as part of the licensure renewal 91 process and update their NCAPs as needed, or as 92 directed by the agency, before each licensure renewal; 93 specifying requirements for NCAPs; requiring the 94 agency to establish a process for hospitals to share 95 certain information with certain patients’ managed 96 care plans; providing construction; amending s. 97 408.051,