November 26, 2020
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       Florida Senate - 2010                                    SB 1358
       
       
       
       By Senator Wilson
       
       
       
       
       33-01120-10                                           20101358__
    1                        A bill to be entitled                      
    2         An act relating to infant eye care; amending s.
    3         383.04, F.S.; requiring certain eye examinations for
    4         all infants born in hospitals in the state; revising
    5         an exception to the applicability of certain
    6         requirements concerning infant eye care; amending s.
    7         383.07, F.S.; clarifying the application of a penalty;
    8         amending ss. 627.6416 and 641.31, F.S.; providing that
    9         coverage for children under health insurance policies
   10         and health maintenance organization contracts must
   11         include certain eye examinations for infants and
   12         children; providing that the act fulfills an important
   13         state interest; providing for application; providing
   14         an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 383.04, Florida Statutes, is amended to
   19  read:
   20         383.04 Prophylactic required for eyes of infants.—
   21         (1) Every physician, midwife, or other person in attendance
   22  at the birth of a child in the state shall is required to
   23  instill or have instilled into the eyes of the baby within 1
   24  hour after birth an effective prophylactic recommended by the
   25  Committee on Infectious Diseases of the American Academy of
   26  Pediatrics for the prevention of neonatal ophthalmia.
   27         (2) Each child born in a hospital in the state must, before
   28  being discharged from the hospital, receive an eye examination
   29  using an ophthalmoscope and dilation of the pupils for detection
   30  of pediatric congenital and ocular abnormalities.
   31         (3) This section does not apply to cases where the parents
   32  file written objections with the physician, midwife, or other
   33  person in attendance at the birth of a child written objections
   34  on account of religious beliefs contrary to the use of drugs. In
   35  such case the physician, midwife, or other person in attendance
   36  shall maintain a record that such measures were or were not
   37  employed and attach thereto any written objection.
   38         Section 2. Section 383.07, Florida Statutes, is amended to
   39  read:
   40         383.07 Penalty for violation.—Any person who fails to
   41  comply with the provisions of s. 383.04(1) or s. 383.06 commits
   42  ss. 383.04-383.06 shall be guilty of a misdemeanor of the second
   43  degree, punishable as provided in s. 775.083.
   44         Section 3. Paragraph (a) of subsection (2) of section
   45  627.6416, Florida Statutes, is amended to read:
   46         627.6416 Coverage for child health supervision services.—
   47         (2) As used in this section, the term “child health
   48  supervision services” means physician-delivered or physician
   49  supervised services that include, at a minimum, services
   50  delivered at the intervals and scope stated in this section.
   51         (a) Child health supervision services must include periodic
   52  visits that which shall include a history;, a physical
   53  examination;, a developmental assessment and anticipatory
   54  guidance;, and appropriate immunizations and laboratory tests;
   55  and eye examinations at birth, at 6 to 8 weeks of age, and at 6
   56  to 9 months of age, using an ophthalmoscope and dilation of the
   57  pupils for detection of pediatric congenital and ocular
   58  abnormalities and developmental abnormalities. Such services and
   59  periodic visits shall be provided in accordance with prevailing
   60  medical standards consistent with the Recommendations for
   61  Preventive Pediatric Health Care of the American Academy of
   62  Pediatrics.
   63         Section 4. Subsection (30) of section 641.31, Florida
   64  Statutes, is amended to read:
   65         641.31 Health maintenance contracts.—
   66         (30)(a) All health maintenance contracts which provide
   67  coverage, benefits, or services for a member of the family of
   68  the subscriber must, as to such family member’s coverage,
   69  benefits, or services, also provide that the benefits applicable
   70  for children include coverage for child health supervision
   71  services from the moment of birth to age 16 years.
   72         (b) As used in this subsection, the term “child health
   73  supervision services” means physician-delivered or physician
   74  supervised services that include, at a minimum, services
   75  delivered at the intervals and scope stated in this subsection.
   76         1. Child health supervision services must include periodic
   77  visits that which shall include a history;, a physical
   78  examination;, a developmental assessment and anticipatory
   79  guidance;, and appropriate immunizations and laboratory tests;
   80  and eye examinations at birth, at 6 to 8 weeks of age, and at 6
   81  to 9 months of age, using an ophthalmoscope and dilation of the
   82  pupils for detection of pediatric congenital and ocular
   83  abnormalities and developmental abnormalities. Such services and
   84  periodic visits shall be provided in accordance with prevailing
   85  medical standards consistent with the Recommendations for
   86  Preventive Pediatric Health Care of the American Academy of
   87  Pediatrics.
   88         2. Minimum benefits may be limited to one visit payable to
   89  one provider for all of the services provided at each visit
   90  cited in this subsection.
   91         Section 5. The Legislature finds that this act fulfills an
   92  important state interest.
   93         Section 6. This act shall take effect July 1, 2010, and
   94  sections 3 and 4 of this act apply to policies and contracts
   95  issued or renewed on or after that date.

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