Bill Text: FL S1034 | 2016 | Regular Session | Comm Sub

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

---

Bill Title: Health Care Providers

Spectrum: Bipartisan Bill

Status: (Failed) 2016-03-11 - Died in Messages, companion bill(s) passed, see HB 423 (Ch. 2016-224) [S1034 Detail]

Download: Florida-2016-S1034-Comm_Sub.html

---

       Florida Senate - 2016                             CS for SB 1034
       
       
        
       By the Committee on Judiciary; and Senator Simmons
       
       590-03681-16                                          20161034c1
    1                        A bill to be entitled                      
    2         An act relating to health care providers; amending s.
    3         766.1115, F.S.; revising the definitions of the terms
    4         “contract” and “health care provider”; deleting an
    5         obsolete date; extending sovereign immunity to
    6         employees or agents of a health care provider that
    7         executes a contract with a governmental contractor;
    8         clarifying that a receipt of specified notice must be
    9         acknowledged by a patient or the patient’s
   10         representative at the initial visit; requiring the
   11         posting of notice that a specified health care
   12         provider is an agent of a governmental contractor;
   13         amending s. 768.28, F.S.; revising the definition of
   14         the term “officer, employee, or agent” to include
   15         employees or agents of a health care provider;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (a) and (d) of subsection (3) and
   21  subsections (4) and (5) of section 766.1115, Florida Statutes,
   22  are amended to read:
   23         766.1115 Health care providers; creation of agency
   24  relationship with governmental contractors.—
   25         (3) DEFINITIONS.—As used in this section, the term:
   26         (a) “Contract” means an agreement executed in compliance
   27  with this section between a health care provider and a
   28  governmental contractor for volunteer, uncompensated services
   29  which allows the health care provider to deliver health care
   30  services to low-income recipients as an agent of the
   31  governmental contractor. The contract must be for volunteer,
   32  uncompensated services, except as provided in paragraph (4)(g).
   33  For services to qualify as volunteer, uncompensated services
   34  under this section, the health care provider, or any employee or
   35  agent of the health care provider, must receive no compensation
   36  from the governmental contractor for any services provided under
   37  the contract and must not bill or accept compensation from the
   38  recipient, or a public or private third-party payor, for the
   39  specific services provided to the low-income recipients covered
   40  by the contract, except as provided in paragraph (4)(g). A free
   41  clinic as described in subparagraph (d)14. may receive a
   42  legislative appropriation, a grant through a legislative
   43  appropriation, or a grant from a governmental entity or
   44  nonprofit corporation to support the delivery of contracted
   45  services by volunteer health care providers, including the
   46  employment of health care providers to supplement, coordinate,
   47  or support the delivery of such services. The appropriation or
   48  grant for the free clinic does not constitute compensation under
   49  this paragraph from the governmental contractor for services
   50  provided under the contract, nor does receipt or use of the
   51  appropriation or grant constitute the acceptance of compensation
   52  under this paragraph for the specific services provided to the
   53  low-income recipients covered by the contract.
   54         (d) “Health care provider” or “provider” means:
   55         1. A birth center licensed under chapter 383.
   56         2. An ambulatory surgical center licensed under chapter
   57  395.
   58         3. A hospital licensed under chapter 395.
   59         4. A physician or physician assistant licensed under
   60  chapter 458.
   61         5. An osteopathic physician or osteopathic physician
   62  assistant licensed under chapter 459.
   63         6. A chiropractic physician licensed under chapter 460.
   64         7. A podiatric physician licensed under chapter 461.
   65         8. A registered nurse, nurse midwife, licensed practical
   66  nurse, or advanced registered nurse practitioner licensed or
   67  registered under part I of chapter 464 or any facility which
   68  employs nurses licensed or registered under part I of chapter
   69  464 to supply all or part of the care delivered under this
   70  section.
   71         9. A midwife licensed under chapter 467.
   72         10. A health maintenance organization certificated under
   73  part I of chapter 641.
   74         11. A health care professional association and its
   75  employees or a corporate medical group and its employees.
   76         12. Any other medical facility the primary purpose of which
   77  is to deliver human medical diagnostic services or which
   78  delivers nonsurgical human medical treatment, and which includes
   79  an office maintained by a provider.
   80         13. A dentist or dental hygienist licensed under chapter
   81  466.
   82         14. A free clinic that delivers only medical diagnostic
   83  services or nonsurgical medical treatment free of charge to all
   84  low-income recipients.
   85         15. A pharmacy or pharmacist licensed under chapter 465.
   86         16.15. Any other health care professional, practitioner,
   87         provider, or facility under contract with a governmental
   88  contractor, including a student enrolled in an accredited
   89  program that prepares the student for licensure as any one of
   90  the professionals listed in subparagraphs 4.-9.
   91  
   92  The term includes any nonprofit corporation qualified as exempt
   93  from federal income taxation under s. 501(a) of the Internal
   94  Revenue Code, and described in s. 501(c) of the Internal Revenue
   95  Code, which delivers health care services provided by licensed
   96  professionals listed in this paragraph, any federally funded
   97  community health center, and any volunteer corporation or
   98  volunteer health care provider that delivers health care
   99  services.
  100         (4) CONTRACT REQUIREMENTS.—A health care provider that
  101  executes a contract with a governmental contractor to deliver
  102  health care services on or after April 17, 1992, as an agent of
  103  the governmental contractor, or any employee or agent of such
  104  health care provider, is an agent for purposes of s. 768.28(9),
  105  while acting within the scope of duties under the contract, if
  106  the contract complies with the requirements of this section and
  107  regardless of whether the individual treated is later found to
  108  be ineligible. A health care provider, or any employee or agent
  109  of such health care provider, shall continue to be an agent for
  110  purposes of s. 768.28(9) for 30 days after a determination of
  111  ineligibility to allow for treatment until the individual
  112  transitions to treatment by another health care provider. A
  113  health care provider, or any employee or agent of such health
  114  care provider, under contract with the state may not be named as
  115  a defendant in any action arising out of medical care or
  116  treatment provided on or after April 17, 1992, under contracts
  117  entered into under this section. The contract must provide that:
  118         (a) The right of dismissal or termination of any health
  119  care provider delivering services under the contract is retained
  120  by the governmental contractor.
  121         (b) The governmental contractor has access to the patient
  122  records of any health care provider delivering services under
  123  the contract.
  124         (c) Adverse incidents and information on treatment outcomes
  125  must be reported by any health care provider to the governmental
  126  contractor if the incidents and information pertain to a patient
  127  treated under the contract. The health care provider shall
  128  submit the reports required by s. 395.0197. If an incident
  129  involves a professional licensed by the Department of Health or
  130  a facility licensed by the Agency for Health Care
  131  Administration, the governmental contractor shall submit such
  132  incident reports to the appropriate department or agency, which
  133  shall review each incident and determine whether it involves
  134  conduct by the licensee that is subject to disciplinary action.
  135  All patient medical records and any identifying information
  136  contained in adverse incident reports and treatment outcomes
  137  which are obtained by governmental entities under this paragraph
  138  are confidential and exempt from the provisions of s. 119.07(1)
  139  and s. 24(a), Art. I of the State Constitution.
  140         (d) Patient selection and initial referral must be made by
  141  the governmental contractor or the provider. Patients may not be
  142  transferred to the provider based on a violation of the
  143  antidumping provisions of the Omnibus Budget Reconciliation Act
  144  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
  145  chapter 395.
  146         (e) If emergency care is required, the patient need not be
  147  referred before receiving treatment, but must be referred within
  148  48 hours after treatment is commenced or within 48 hours after
  149  the patient has the mental capacity to consent to treatment,
  150  whichever occurs later.
  151         (f) The provider is subject to supervision and regular
  152  inspection by the governmental contractor.
  153         (g) As an agent of the governmental contractor for purposes
  154  of s. 768.28(9), while acting within the scope of duties under
  155  the contract, A health care provider licensed under chapter 466,
  156  as an agent of the governmental contractor for purposes of s.
  157  768.28(9), may allow a patient, or a parent or guardian of the
  158  patient, to voluntarily contribute a monetary amount to cover
  159  costs of dental laboratory work related to the services provided
  160  to the patient within the scope of duties under the contract.
  161  This contribution may not exceed the actual cost of the dental
  162  laboratory charges.
  163  
  164  A governmental contractor that is also a health care provider is
  165  not required to enter into a contract under this section with
  166  respect to the health care services delivered by its employees.
  167         (5) NOTICE OF AGENCY RELATIONSHIP.—The governmental
  168  contractor must provide written notice to each patient, or the
  169  patient’s legal representative, receipt of which must be
  170  acknowledged in writing at the initial visit, that the provider
  171  is an agent of the governmental contractor and that the
  172  exclusive remedy for injury or damage suffered as the result of
  173  any act or omission of the provider or of any employee or agent
  174  thereof acting within the scope of duties pursuant to the
  175  contract is by commencement of an action pursuant to the
  176  provisions of s. 768.28. Thereafter, or with respect to any
  177  federally funded community health center, the notice
  178  requirements may be met by posting in a place conspicuous to all
  179  persons a notice that the health care provider, or federally
  180  funded community health center, is an agent of the governmental
  181  contractor and that the exclusive remedy for injury or damage
  182  suffered as the result of any act or omission of the provider or
  183  of any employee or agent thereof acting within the scope of
  184  duties pursuant to the contract is by commencement of an action
  185  pursuant to the provisions of s. 768.28.
  186         Section 2. Paragraph (b) of subsection (9) of section
  187  768.28, Florida Statutes, is amended to read:
  188         768.28 Waiver of sovereign immunity in tort actions;
  189  recovery limits; limitation on attorney fees; statute of
  190  limitations; exclusions; indemnification; risk management
  191  programs.—
  192         (9)
  193         (b) As used in this subsection, the term:
  194         1. “Employee” includes any volunteer firefighter.
  195         2. “Officer, employee, or agent” includes, but is not
  196  limited to, any health care provider, and its employees or
  197  agents, when providing services pursuant to s. 766.1115; any
  198  nonprofit independent college or university located and
  199  chartered in this state which owns or operates an accredited
  200  medical school, and its employees or agents, when providing
  201  patient services pursuant to paragraph (10)(f); and any public
  202  defender or her or his employee or agent, including, among
  203  others, an assistant public defender and an investigator.
  204         Section 3. This act shall take effect July 1, 2016.