January 17, 2020
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Senate Bill 1374

Senate Bill sb1374

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1374

    By Senator Saunders





    37-1042-04

  1                      A bill to be entitled

  2         An act relating to health care providers;

  3         amending s. 766.1115, F.S.; revising a

  4         definition for purposes of the Access to Health

  5         Care Act to provide that a contract with a

  6         health care provider to serve low-income

  7         patients requires the provider to either

  8         deliver the services without compensation or be

  9         a free clinic delivering specified services

10         without charge to low-income patients; defining

11         the term "free clinic"; authorizing a health

12         care provider to select patients if the

13         governmental contractor approves the selection

14         process; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Subsections (3) and (4) of section

19  766.1115, Florida Statutes, are amended to read:

20         766.1115  Health care providers; creation of agency

21  relationship with governmental contractors.--

22         (3)  DEFINITIONS.--As used in this section, the term:

23         (a)  "Contract" means an agreement executed in

24  compliance with this section between a health care provider

25  and a governmental contractor. This contract shall allow the

26  health care provider to deliver health care services to

27  low-income recipients as an agent of the governmental

28  contractor. The contract must be for either volunteer,

29  uncompensated services or, in the case of a free clinic,

30  services delivered free of charge to all low-income

31  recipients.

                                  1

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    Florida Senate - 2004                                  SB 1374
    37-1042-04




 1         (b)  "Department" means the Department of Health.

 2         (c)  "Free clinic" means a health care provider that is

 3  an organization exempt from federal income taxation under s.

 4  501(a) of the Internal Revenue Code and described in s. 501(c)

 5  of the Internal Revenue Code which delivers medical diagnostic

 6  services or nonsurgical medical treatment by licensed health

 7  care providers listed in paragraph (e) free of charge to all

 8  low-income recipients.

 9         (d)(c)  "Governmental contractor" means the department,

10  county health departments, a special taxing district with

11  health care responsibilities, or a hospital owned and operated

12  by a governmental entity.

13         (e)(d)  "Health care provider" or "provider" means:

14         1.  A birth center licensed under chapter 383.

15         2.  An ambulatory surgical center licensed under

16  chapter 395.

17         3.  A hospital licensed under chapter 395.

18         4.  A physician or physician assistant licensed under

19  chapter 458.

20         5.  An osteopathic physician or osteopathic physician

21  assistant licensed under chapter 459.

22         6.  A chiropractic physician licensed under chapter

23  460.

24         7.  A podiatric physician licensed under chapter 461.

25         8.  A registered nurse, nurse midwife, licensed

26  practical nurse, or advanced registered nurse practitioner

27  licensed or registered under part I of chapter 464 or any

28  facility which employs nurses licensed or registered under

29  part I of chapter 464 to supply all or part of the care

30  delivered under this section.

31         9.  A midwife licensed under chapter 467.

                                  2

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    Florida Senate - 2004                                  SB 1374
    37-1042-04




 1         10.  A health maintenance organization certificated

 2  under part I of chapter 641.

 3         11.  A health care professional association and its

 4  employees or a corporate medical group and its employees.

 5         12.  Any other medical facility the primary purpose of

 6  which is to deliver human medical diagnostic services or which

 7  delivers nonsurgical human medical treatment, and which

 8  includes an office maintained by a provider.

 9         13.  A dentist or dental hygienist licensed under

10  chapter 466.

11         14.  Any other health care professional, practitioner,

12  provider, or facility under contract with a governmental

13  contractor, including a student enrolled in an accredited

14  program that prepares the student for licensure as any one of

15  the professionals listed in subparagraphs 4.-9.

16  

17  The term includes any nonprofit corporation qualified as

18  exempt from federal income taxation under s. 501(c) of the

19  Internal Revenue Code which delivers health care services

20  provided by licensed professionals listed in this paragraph,

21  any federally funded community health center, and any

22  volunteer corporation or volunteer health care provider that

23  delivers health care services.

24         (f)(e)  "Low-income" means:

25         1.  A person who is Medicaid-eligible under Florida

26  law;

27         2.  A person who is without health insurance and whose

28  family income does not exceed 150 percent of the federal

29  poverty level as defined annually by the federal Office of

30  Management and Budget; or

31  

                                  3

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    Florida Senate - 2004                                  SB 1374
    37-1042-04




 1         3.  Any client of the department who voluntarily

 2  chooses to participate in a program offered or approved by the

 3  department and meets the program eligibility guidelines of the

 4  department.

 5         (4)  CONTRACT REQUIREMENTS.--A health care provider

 6  that executes a contract with a governmental contractor to

 7  deliver health care services on or after April 17, 1992, as an

 8  agent of the governmental contractor is an agent for purposes

 9  of s. 768.28(9), while acting within the scope of duties under

10  pursuant to the contract, if the contract complies with the

11  requirements of this section and regardless of whether the

12  individual treated is later found to be ineligible.  A health

13  care provider under contract with the state may not be named

14  as a defendant in any action arising out of the medical care

15  or treatment provided on or after April 17, 1992, under

16  pursuant to contracts entered into under this section.  The

17  contract must provide that:

18         (a)  The right of dismissal or termination of any

19  health care provider delivering services under pursuant to the

20  contract is retained by the governmental contractor.

21         (b)  The governmental contractor has access to the

22  patient records of any health care provider delivering

23  services under pursuant to the contract.

24         (c)  Adverse incidents and information on treatment

25  outcomes must be reported by any health care provider to the

26  governmental contractor if the such incidents and information

27  pertain to a patient treated under pursuant to the contract.

28  The health care provider shall submit the reports required by

29  s. 395.0197. If an incident involves a professional licensed

30  by the Department of Health or a facility licensed by the

31  Agency for Health Care Administration, the governmental

                                  4

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    Florida Senate - 2004                                  SB 1374
    37-1042-04




 1  contractor shall submit such incident reports to the

 2  appropriate department or agency, which shall review each

 3  incident and determine whether it involves conduct by the

 4  licensee that is subject to disciplinary action. All patient

 5  medical records and any identifying information contained in

 6  adverse incident reports and treatment outcomes which are

 7  obtained by governmental entities under pursuant to this

 8  paragraph are confidential and exempt from the provisions of

 9  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

10         (d)  Patient selection and initial referral must be

11  made only solely by the governmental contractor, or by the

12  provider if the governmental contractor approves the selection

13  and referral process used by the provider. and The provider

14  must accept all referred patients. However, the number of

15  patients that must be accepted may be limited by the contract,

16  and patients may not be transferred to the provider based on a

17  violation of the antidumping provisions of the Omnibus Budget

18  Reconciliation Act of 1989, the Omnibus Budget Reconciliation

19  Act of 1990, or chapter 395.

20         (e)  If emergency care is required, the patient need

21  not be referred before receiving treatment, but must be

22  referred within 48 hours after treatment is commenced or

23  within 48 hours after the patient has the mental capacity to

24  consent to treatment, whichever occurs later.

25         (f)  Patient care, including any followup or hospital

26  care, is subject to approval by the governmental contractor.

27         (g)  The provider is subject to supervision and regular

28  inspection by the governmental contractor.

29  

30  A governmental contractor that is also a health care provider

31  is not required to enter into a contract under this section

                                  5

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    Florida Senate - 2004                                  SB 1374
    37-1042-04




 1  with respect to the health care services delivered by its

 2  employees.

 3         Section 2.  This act shall take effect July 1, 2004.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Revises the definition of a contract to provide that a
      contract with a health care provider to serve low-income
 8    patients requires the provider to either deliver the
      services without compensation or be a free clinic
 9    delivering specified services without charge to
      low-income patients. Authorizes a health care provider to
10    select patients if the governmental contractor approves
      the selection process.
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                                  6

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