Bill Text: FL S0746 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health Care Clinic Act

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Failed) 2014-05-01 - Laid on Table [S0746 Detail]

Download: Florida-2014-S0746-Introduced.html

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       Florida Senate - 2014                                     SB 746
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-00987-14                                            2014746__
    1                        A bill to be entitled                      
    2         An act relating to the Health Care Clinic Act;
    3         amending s. 400.9905, F.S.; redefining the term
    4         “clinic”; amending s. 400.9935, F.S.; clarifying that
    5         the a clinic that employs a physician whose license is
    6         suspended or revoked is subject to administrative and
    7         criminal penalties; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (4) of section 400.9905, Florida
   12  Statutes, is amended to read:
   13         400.9905 Definitions.—
   14         (4) “Clinic” means an entity that provides where health
   15  care services are provided to individuals and that receives
   16  remuneration which tenders charges for reimbursement for such
   17  services, including a mobile clinic and a portable equipment
   18  provider. As used in this part, the term does not include and
   19  the licensure requirements of this part do not apply to:
   20         (a) Entities licensed or registered by the state under
   21  chapter 395; entities licensed or registered by the state and
   22  providing only health care services within the scope of services
   23  authorized under their respective licenses under ss. 383.30
   24  383.335, chapter 390, chapter 394, chapter 397, this chapter
   25  except part X, chapter 429, chapter 463, chapter 465, chapter
   26  466, chapter 478, part I of chapter 483, chapter 484, or chapter
   27  651; end-stage renal disease providers authorized under 42
   28  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
   29  part 485, subpart B or subpart H; or an any entity that provides
   30  neonatal or pediatric hospital-based health care services or
   31  other health care services by licensed practitioners solely
   32  within a hospital licensed under chapter 395.
   33         (b) Entities that own, directly or indirectly, entities
   34  licensed or registered by the state pursuant to chapter 395;
   35  entities that own, directly or indirectly, entities licensed or
   36  registered by the state and providing only health care services
   37  within the scope of services authorized pursuant to their
   38  respective licenses under ss. 383.30-383.335, chapter 390,
   39  chapter 394, chapter 397, this chapter except part X, chapter
   40  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
   41  of chapter 483, chapter 484, or chapter 651; end-stage renal
   42  disease providers authorized under 42 C.F.R. part 405, subpart
   43  U; providers certified under 42 C.F.R. part 485, subpart B or
   44  subpart H; or an any entity that provides neonatal or pediatric
   45  hospital-based health care services by licensed practitioners
   46  solely within a hospital licensed under chapter 395.
   47         (c) Entities that are owned, directly or indirectly, by an
   48  entity licensed or registered by the state pursuant to chapter
   49  395; entities that are owned, directly or indirectly, by an
   50  entity licensed or registered by the state and providing only
   51  health care services within the scope of services authorized
   52  pursuant to their respective licenses under ss. 383.30-383.335,
   53  chapter 390, chapter 394, chapter 397, this chapter except part
   54  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
   55  478, part I of chapter 483, chapter 484, or chapter 651; end
   56  stage renal disease providers authorized under 42 C.F.R. part
   57  405, subpart U; providers certified under 42 C.F.R. part 485,
   58  subpart B or subpart H; or an any entity that provides neonatal
   59  or pediatric hospital-based health care services by licensed
   60  practitioners solely within a hospital under chapter 395.
   61         (d) Entities that are under common ownership, directly or
   62  indirectly, with an entity licensed or registered by the state
   63  pursuant to chapter 395; entities that are under common
   64  ownership, directly or indirectly, with an entity licensed or
   65  registered by the state and providing only health care services
   66  within the scope of services authorized pursuant to their
   67  respective licenses under ss. 383.30-383.335, chapter 390,
   68  chapter 394, chapter 397, this chapter except part X, chapter
   69  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
   70  of chapter 483, chapter 484, or chapter 651; end-stage renal
   71  disease providers authorized under 42 C.F.R. part 405, subpart
   72  U; providers certified under 42 C.F.R. part 485, subpart B or
   73  subpart H; or an any entity that provides neonatal or pediatric
   74  hospital-based health care services by licensed practitioners
   75  solely within a hospital licensed under chapter 395.
   76         (e) An entity that is exempt from federal taxation under 26
   77  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
   78  under 26 U.S.C. s. 409 that has a board of trustees at least
   79  two-thirds of which are Florida-licensed health care
   80  practitioners and provides only physical therapy services under
   81  physician orders, a any community college or university clinic,
   82  and an any entity owned or operated by the federal or state
   83  government, including agencies, subdivisions, or municipalities
   84  thereof.
   85         (f) A sole proprietorship, group practice, partnership, or
   86  corporation that provides health care services by physicians
   87  covered by s. 627.419, that is directly supervised by one or
   88  more of such physicians, and that is wholly owned by one or more
   89  of those physicians or by a physician and the spouse, parent,
   90  child, or sibling of that physician.
   91         (g) A sole proprietorship, group practice, partnership, or
   92  corporation that provides health care services by licensed
   93  health care practitioners under chapter 457, chapter 458,
   94  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
   95  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
   96  chapter 490, chapter 491, or part I, part III, part X, part
   97  XIII, or part XIV of chapter 468, or s. 464.012, and that is
   98  wholly owned by one or more licensed health care practitioners,
   99  or the licensed health care practitioners set forth in this
  100  paragraph and the spouse, parent, child, or sibling of a
  101  licensed health care practitioner if one of the owners who is a
  102  licensed health care practitioner is supervising the business
  103  activities and is legally responsible for the entity’s
  104  compliance with all federal and state laws. However, a health
  105  care practitioner may not supervise services beyond the scope of
  106  the practitioner’s license, except that, for the purposes of
  107  this part, a clinic owned by a licensee in s. 456.053(3)(b)
  108  which provides only services authorized pursuant to s.
  109  456.053(3)(b) may be supervised by a licensee specified in s.
  110  456.053(3)(b).
  111         (h) Clinical facilities affiliated with an accredited
  112  medical school at which training is provided for medical
  113  students, residents, or fellows.
  114         (i) Entities that provide only oncology or radiation
  115  therapy services by physicians licensed under chapter 458 or
  116  chapter 459 or entities that provide oncology or radiation
  117  therapy services by physicians licensed under chapter 458 or
  118  chapter 459 which are owned by a corporation whose shares are
  119  publicly traded on a recognized stock exchange.
  120         (j) Clinical facilities affiliated with a college of
  121  chiropractic accredited by the Council on Chiropractic Education
  122  at which training is provided for chiropractic students.
  123         (k) Entities that provide licensed practitioners to staff
  124  emergency departments or to deliver anesthesia services in
  125  facilities licensed under chapter 395 and that derive at least
  126  90 percent of their gross annual revenues from the provision of
  127  such services. Entities claiming an exemption from licensure
  128  under this paragraph must provide documentation demonstrating
  129  compliance.
  130         (l) Orthotic, prosthetic, pediatric cardiology, or
  131  perinatology clinical facilities or anesthesia clinical
  132  facilities that are not otherwise exempt under paragraph (a) or
  133  paragraph (k) and that are a publicly traded corporation or are
  134  wholly owned, directly or indirectly, by a publicly traded
  135  corporation. As used in this paragraph, a publicly traded
  136  corporation is a corporation that issues securities traded on an
  137  exchange registered with the United States Securities and
  138  Exchange Commission as a national securities exchange.
  139         (m) Entities that are owned by a corporation that has $250
  140  million or more in total annual sales of health care services
  141  provided by licensed health care practitioners where one or more
  142  of the persons responsible for the operations of the entity is a
  143  health care practitioner who is licensed in this state and who
  144  is responsible for supervising the business activities of the
  145  entity and is responsible for the entity’s compliance with state
  146  law for purposes of this part.
  147         (n) Entities that employ 50 or more licensed health care
  148  practitioners licensed under chapter 458 or chapter 459 where
  149  the billing for medical services is under a single tax
  150  identification number. The application for exemption under this
  151  subsection must shall contain information that includes: the
  152  name, residence, and business address and phone number of the
  153  entity that owns the practice; a complete list of the names and
  154  contact information of all the officers and directors of the
  155  corporation; the name, residence address, business address, and
  156  medical license number of each licensed Florida health care
  157  practitioner employed by the entity; the corporate tax
  158  identification number of the entity seeking an exemption; a
  159  listing of health care services to be provided by the entity at
  160  the health care clinics owned or operated by the entity and a
  161  certified statement prepared by an independent certified public
  162  accountant which states that the entity and the health care
  163  clinics owned or operated by the entity have not received
  164  payment for health care services under personal injury
  165  protection insurance coverage for the preceding year. If the
  166  agency determines that an entity which is exempt under this
  167  subsection has received payments for medical services under
  168  personal injury protection insurance coverage, the agency may
  169  deny or revoke the exemption from licensure under this
  170  subsection.
  171  
  172  Notwithstanding this subsection, an entity shall be deemed a
  173  clinic and must be licensed under this part in order to receive
  174  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
  175  627.730-627.7405, unless exempted under s. 627.736(5)(h).
  176         Section 2. Paragraph (b) of subsection (1) of section
  177  400.9935, Florida Statutes, is amended to read:
  178         400.9935 Clinic responsibilities.—
  179         (1) Each clinic shall appoint a medical director or clinic
  180  director who shall agree in writing to accept legal
  181  responsibility for the following activities on behalf of the
  182  clinic. The medical director or the clinic director shall:
  183         (b) Ensure that all practitioners providing health care
  184  services or supplies to patients maintain a current active and
  185  unencumbered Florida license. If an inspection or investigation
  186  reveals that a clinic employs or employed a physician whose
  187  license was suspended or revoked while employed by the clinic,
  188  the clinic is subject to the administrative penalties specified
  189  in s. 400.995 and applicable criminal penalties.
  190         Section 3. This act shall take effect July 1, 2014.