Bill Amendment: FL S0880 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Nurse Registry

Status: 2020-03-11 - Laid on Table, refer to CS/HB 437 [S0880 Detail]

Download: Florida-2020-S0880-Senate_Committee_Amendment_544540.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 880
       
       
       
       
       
       
                                Ì544540}Î544540                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Banking and Insurance (Baxley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 9 - 23
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  440.13, Florida Statutes, is amended to read:
    7         440.13 Medical services and supplies; penalty for
    8  violations; limitations.—
    9         (2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.—
   10         (b)1. The employer shall provide appropriate professional
   11  or nonprofessional attendant care performed only at the
   12  direction and control of a physician when such care is medically
   13  necessary. The physician shall prescribe such care in writing.
   14  The employer or carrier shall not be responsible for such care
   15  until the prescription for attendant care is received by the
   16  employer and carrier, which shall specify the time periods for
   17  such care, the level of care required, and the type of
   18  assistance required. A prescription for attendant care shall not
   19  prescribe such care retroactively. The value of nonprofessional
   20  attendant care provided by a family member must be determined as
   21  follows:
   22         a.1. If the family member is not employed or if the family
   23  member is employed and is providing attendant care services
   24  during hours that he or she is not engaged in employment, the
   25  per-hour value equals the federal minimum hourly wage.
   26         b.2. If the family member is employed and elects to leave
   27  that employment to provide attendant or custodial care, the per
   28  hour value of that care equals the per-hour value of the family
   29  member’s former employment, not to exceed the per-hour value of
   30  such care available in the community at large. A family member
   31  or a combination of family members providing nonprofessional
   32  attendant care under this paragraph may not be compensated for
   33  more than a total of 12 hours per day.
   34         c.3. If the family member remains employed while providing
   35  attendant or custodial care, the per-hour value of that care
   36  equals the per-hour value of the family member’s employment, not
   37  to exceed the per-hour value of such care available in the
   38  community at large.
   39         2. The employer or carrier may use a nurse registry
   40  pursuant to s. 400.506 for the placement of authorized
   41  compensable attendant care services.
   42  
   43  Failure of the carrier to timely comply with this subsection
   44  shall be a violation of this chapter and the carrier shall be
   45  subject to penalties as provided for in s. 440.525.
   46         Section 2. For the purpose of incorporating the amendment
   47  made by this act to section 440.13(2)(b), Florida Statutes, in a
   48  reference thereto, subsection (16) of section 440.134, Florida
   49  Statutes, is reenacted to read:
   50         440.134 Workers’ compensation managed care arrangement.—
   51         (16) When a carrier enters into a managed care arrangement
   52  pursuant to this section the employees who are covered by the
   53  provisions of such arrangement shall be deemed to have received
   54  all the benefits to which they are entitled pursuant to s.
   55  440.13(2)(a) and (b). In addition, the employer shall be deemed
   56  to have complied completely with the requirements of such
   57  provisions. The provisions governing managed care arrangements
   58  shall govern exclusively unless specifically stated otherwise in
   59  this section.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 3 - 5
   64  and insert:
   65         440.13, F.S.; authorizing the use of licensed nurse
   66         registries for the placement of attendant care
   67         provided for workers’ compensation purposes;
   68         reenacting s. 440.134(16), F.S., relating to workers’
   69         compensation managed care arrangements, to incorporate
   70         the amendment made to s. 440.13, F.S., in a reference
   71         thereto; providing an effective date.