Bill Text: FL S0880 | 2020 | Regular Session | Comm Sub

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Bill Title: Nurse Registry

Spectrum: Bipartisan Bill

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

Download: Florida-2020-S0880-Comm_Sub.html

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       Florida Senate - 2020                              CS for SB 880
       
       
        
       By the Committee on Banking and Insurance; and Senator Baxley
       
       
       
       
       
       597-02276-20                                           2020880c1
    1                        A bill to be entitled                      
    2         An act relating to the nurse registry; amending s.
    3         440.13, F.S.; authorizing the use of licensed nurse
    4         registries for the placement of attendant care
    5         provided for workers’ compensation purposes;
    6         reenacting s. 440.134(16), F.S., relating to workers’
    7         compensation managed care arrangements, to incorporate
    8         the amendment made to s. 440.13, F.S., in a reference
    9         thereto; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (b) of subsection (2) of section
   14  440.13, Florida Statutes, is amended to read:
   15         440.13 Medical services and supplies; penalty for
   16  violations; limitations.—
   17         (2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.—
   18         (b)1. The employer shall provide appropriate professional
   19  or nonprofessional attendant care performed only at the
   20  direction and control of a physician when such care is medically
   21  necessary. The physician shall prescribe such care in writing.
   22  The employer or carrier shall not be responsible for such care
   23  until the prescription for attendant care is received by the
   24  employer and carrier, which shall specify the time periods for
   25  such care, the level of care required, and the type of
   26  assistance required. A prescription for attendant care shall not
   27  prescribe such care retroactively. The value of nonprofessional
   28  attendant care provided by a family member must be determined as
   29  follows:
   30         a.1. If the family member is not employed or if the family
   31  member is employed and is providing attendant care services
   32  during hours that he or she is not engaged in employment, the
   33  per-hour value equals the federal minimum hourly wage.
   34         b.2. If the family member is employed and elects to leave
   35  that employment to provide attendant or custodial care, the per
   36  hour value of that care equals the per-hour value of the family
   37  member’s former employment, not to exceed the per-hour value of
   38  such care available in the community at large. A family member
   39  or a combination of family members providing nonprofessional
   40  attendant care under this paragraph may not be compensated for
   41  more than a total of 12 hours per day.
   42         c.3. If the family member remains employed while providing
   43  attendant or custodial care, the per-hour value of that care
   44  equals the per-hour value of the family member’s employment, not
   45  to exceed the per-hour value of such care available in the
   46  community at large.
   47         2. The employer or carrier may use a nurse registry
   48  pursuant to s. 400.506 for the placement of authorized
   49  compensable attendant care services.
   50  
   51  Failure of the carrier to timely comply with this subsection
   52  shall be a violation of this chapter and the carrier shall be
   53  subject to penalties as provided for in s. 440.525.
   54         Section 2. For the purpose of incorporating the amendment
   55  made by this act to section 440.13(2)(b), Florida Statutes, in a
   56  reference thereto, subsection (16) of section 440.134, Florida
   57  Statutes, is reenacted to read:
   58         440.134 Workers’ compensation managed care arrangement.—
   59         (16) When a carrier enters into a managed care arrangement
   60  pursuant to this section the employees who are covered by the
   61  provisions of such arrangement shall be deemed to have received
   62  all the benefits to which they are entitled pursuant to s.
   63  440.13(2)(a) and (b). In addition, the employer shall be deemed
   64  to have complied completely with the requirements of such
   65  provisions. The provisions governing managed care arrangements
   66  shall govern exclusively unless specifically stated otherwise in
   67  this section.
   68         Section 3. This act shall take effect July 1, 2020.