Bill Text: FL S1690 | 2013 | Regular Session | Introduced

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

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Bill Title: Volunteer Health Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1093 (Ch. 2013-151) [S1690 Detail]

Download: Florida-2013-S1690-Introduced.html

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       Florida Senate - 2013                                    SB 1690
       
       
       
       By Senator Bean
       
       
       
       
       4-01079-13                                            20131690__
    1                        A bill to be entitled                      
    2         An act relating to volunteer health services; amending
    3         s. 766.1115, F.S.; revising requirements for patient
    4         referral under the “Access to Health Care Act”;
    5         eliminating a requirement that the governmental
    6         contractor approve all followup or hospital care;
    7         requiring the Department of Health to post specified
    8         information online concerning volunteer providers;
    9         permitting volunteer providers to earn continuing
   10         education credit for participation in the program up
   11         to a specified amount; deleting provisions requiring
   12         the department to make specified rules concerning
   13         methods for determination and approval of patient
   14         eligibility and referral; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (10) and (11) of section 766.1115,
   19  Florida Statutes, are renumbered as sections (11) and (12),
   20  respectively, a new subsection (10) is added to that section,
   21  and paragraphs (d), (f), and (g) of subsection (4) and present
   22  subsections (8) and (10) of that section are amended to read:
   23         766.1115 Health care providers; creation of agency
   24  relationship with governmental contractors.—
   25         (4) CONTRACT REQUIREMENTS.—A health care provider that
   26  executes a contract with a governmental contractor to deliver
   27  health care services on or after April 17, 1992, as an agent of
   28  the governmental contractor is an agent for purposes of s.
   29  768.28(9), while acting within the scope of duties under the
   30  contract, if the contract complies with the requirements of this
   31  section and regardless of whether the individual treated is
   32  later found to be ineligible. A health care provider under
   33  contract with the state may not be named as a defendant in any
   34  action arising out of medical care or treatment provided on or
   35  after April 17, 1992, under contracts entered into under this
   36  section. The contract must provide that:
   37         (d) Patient selection and initial referral may must be made
   38  solely by the governmental contractor or the provider, and the
   39  provider must accept all referred patients. However, the number
   40  of patients that must be accepted may be limited by the
   41  contract, and patients may not be transferred to the provider
   42  based on a violation of the antidumping provisions of the
   43  Omnibus Budget Reconciliation Act of 1989, the Omnibus Budget
   44  Reconciliation Act of 1990, or chapter 395.
   45         (f) Patient care, including any followup or hospital care,
   46  is subject to approval by the governmental contractor.
   47         (f)(g) The provider is subject to supervision and regular
   48  inspection by the governmental contractor.
   49  
   50  A governmental contractor that is also a health care provider is
   51  not required to enter into a contract under this section with
   52  respect to the health care services delivered by its employees.
   53         (8) REPORTING REPORT TO THE LEGISLATURE.—
   54         (a) Annually, the department shall report to the President
   55  of the Senate, the Speaker of the House of Representatives, and
   56  the minority leaders and relevant substantive committee
   57  chairpersons of both houses, summarizing the efficacy of access
   58  and treatment outcomes with respect to providing health care
   59  services for low-income persons pursuant to this section.
   60         (b) The department shall provide an online listing of all
   61  providers volunteering under this program with their hours and
   62  the number of patient visits each provided.
   63         (10) CONTINUING EDUCATION CREDIT.—A provider may fulfill 1
   64  hour of continuing education credit by performing 1 hour of
   65  volunteer services to the indigent as provided in this section,
   66  up to a maximum of eight credits per licensure period for that
   67  provider.
   68         (11)(10) RULES.—The department shall adopt rules to
   69  administer this section in a manner consistent with its purpose
   70  to provide and facilitate access to appropriate, safe, and cost
   71  effective health care services and to maintain health care
   72  quality. The rules may include services to be provided and
   73  authorized procedures. Notwithstanding the requirements of
   74  paragraph (4)(d), the department shall adopt rules that specify
   75  required methods for determination and approval of patient
   76  eligibility and referral and the contractual conditions under
   77  which a health care provider may perform the patient eligibility
   78  and referral process on behalf of the department. These rules
   79  shall include, but not be limited to, the following
   80  requirements:
   81         (a) The provider must accept all patients referred by the
   82  department. However, the number of patients that must be
   83  accepted may be limited by the contract.
   84         (b) The provider shall comply with departmental rules
   85  regarding the determination and approval of patient eligibility
   86  and referral.
   87         (c) The provider shall complete training conducted by the
   88  department regarding compliance with the approved methods for
   89  determination and approval of patient eligibility and referral.
   90         (d) The department shall retain review and oversight
   91  authority of the patient eligibility and referral determination.
   92         Section 2. This act shall take effect July 1, 2013.