Florida Senate - 2024                              CS for SB 808
       
       
        
       By the Committee on Criminal Justice; and Senators DiCeglie,
       Stewart, Osgood, Powell, and Polsky
       
       
       
       
       591-02395-24                                           2024808c1
    1                        A bill to be entitled                      
    2         An act relating to treatment by a medical specialist;
    3         amending s. 112.18, F.S.; authorizing firefighters,
    4         law enforcement officers, correctional officers, and
    5         correctional probation officers to receive medical
    6         treatment by a medical specialist for certain
    7         conditions under certain circumstances; requiring
    8         firefighters, law enforcement officers, correctional
    9         officers, and correctional probation officers to
   10         notify certain entities of their selection of a
   11         medical specialist; providing requirements for the
   12         firefighter’s or officer’s workers’ compensation
   13         carrier, self-insured employer, or third-party
   14         administrator; requiring that the continuing care and
   15         treatment by a medical specialist be reasonable,
   16         necessary, and related to the firefighter’s or
   17         officer’s condition and authorized by the workers’
   18         compensation carrier, self-insured employer, or third
   19         party administrator; specifying a reimbursement
   20         percentage for such treatment; defining the term
   21         “medical specialist”; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (3) is added to section 112.18,
   26  Florida Statutes, to read:
   27         112.18 Firefighters and law enforcement or correctional
   28  officers; special provisions relative to disability.—
   29         (3)(a) Notwithstanding s. 440.13(2)(c), a firefighter, law
   30  enforcement officer, correctional officer, or correctional
   31  probation officer requiring medical treatment for a compensable
   32  presumptive condition listed in subsection (1) may be treated by
   33  a medical specialist. Except in emergency situations, a
   34  firefighter, law enforcement officer, correctional officer, or
   35  correctional probation officer entitled to access a medical
   36  specialist under this subsection must provide written notice of
   37  his or her selection of a medical specialist to the
   38  firefighter’s or officer’s workers’ compensation carrier, self
   39  insured employer, or third-party administrator, and the carrier,
   40  self-insured employer, or third-party administrator must
   41  authorize the selected medical specialist or authorize an
   42  alternative medical specialist with the same or greater
   43  qualifications. Within 5 business days after receipt of the
   44  written notice, the workers’ compensation carrier, self-insured
   45  employer, or third-party administrator must authorize treatment
   46  and schedule an appointment, which must be held within 30 days
   47  after receipt of the written notice, with the selected medical
   48  specialist or the alternative medical specialist. If the
   49  workers’ compensation carrier, self-insured employer, or third
   50  party administrator fails to authorize an alternative medical
   51  specialist within 5 business days after receipt of the written
   52  notice, the medical specialist selected by the firefighter or
   53  officer is authorized. The continuing care and treatment by a
   54  medical specialist must be reasonable, necessary, and related to
   55  tuberculosis, heart disease, or hypertension; be reimbursed at
   56  no more than 200 percent of the Medicare rate; and be authorized
   57  by the firefighter’s or officer’s workers’ compensation carrier,
   58  self-insured employer, or third-party administrator.
   59         (b) For purposes of this subsection, the term “medical
   60  specialist” means a physician licensed under chapter 458 or
   61  chapter 459 who has board certification in a medical specialty
   62  inclusive of care and treatment of tuberculosis, heart disease,
   63  or hypertension.
   64         Section 2. This act shall take effect October 1, 2024.