Bill Text: FL S0142 | 2014 | Regular Session | Comm Sub
Bill Title: Access to Health Care for the Underserved
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see HB 97 (Ch. 2014-108) [S0142 Detail]
Download: Florida-2014-S0142-Comm_Sub.html
Florida Senate - 2014 CS for SB 142 By the Committee on Appropriations; and Senator Hays 576-04492-14 2014142c1 1 A bill to be entitled 2 An act relating to access to health care for the 3 underserved; amending s. 766.1115, F.S.; revising the 4 definition of the term “contract”; extending the 5 period of time for which a health care provider 6 remains an agent of the state after an individual 7 under his or her care is deemed ineligible; requiring 8 that a contract with a governmental contractor for 9 health care services include a provision allowing a 10 voluntary contribution toward certain dental 11 laboratory work; prohibiting the contribution from 12 exceeding the actual amount of the dental laboratory 13 charges; amending s. 466.00673, F.S.; delaying the 14 future repeal of provisions authorizing the health 15 access dental license; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (a) of subsection (3) and subsection 20 (4) of section 766.1115, Florida Statutes, are amended to read: 21 766.1115 Health care providers; creation of agency 22 relationship with governmental contractors.— 23 (3) DEFINITIONS.—As used in this section, the term: 24 (a) “Contract” means an agreement executed in compliance 25 with this section between a health care provider and a 26 governmental contractor which allows. This contract shall allow27 the health care provider to deliver health care services to low 28 income recipients as an agent of the governmental contractor. 29 The contract must be for volunteer, uncompensated services, 30 except as provided in paragraph (4)(g). For services to qualify 31 as volunteer, uncompensated services under this section, the 32 health care provider must receive no compensation from the 33 governmental contractor for any services provided under the 34 contract and must not bill or accept compensation from the 35 recipient, or aanypublic or private third-party payor, for the 36 specific services provided to the low-income recipients covered 37 by the contract. 38 (4) CONTRACT REQUIREMENTS.—A health care provider that 39 executes a contract with a governmental contractor to deliver 40 health care services on or after April 17, 1992, as an agent of 41 the governmental contractor is an agent for purposes of s. 42 768.28(9), while acting within the scope of duties under the 43 contract, if the contract complies with the requirements of this 44 section and regardless of whether the individual treated is 45 later found to be ineligible. A health care provider shall 46 continue to be an agent for purposes of s. 768.28(9) for 30 days 47 after a determination of ineligibility to allow for treatment 48 until the individual transitions to treatment by another health 49 care provider. A health care provider under contract with the 50 state may not be named as a defendant in any action arising out 51 of medical care or treatment provided on or after April 17, 52 1992, under contracts entered into under this section. The 53 contract must provide that: 54 (a) The right of dismissal or termination of any health 55 care provider delivering services under the contract is retained 56 by the governmental contractor. 57 (b) The governmental contractor has access to the patient 58 records of any health care provider delivering services under 59 the contract. 60 (c) Adverse incidents and information on treatment outcomes 61 must be reported by any health care provider to the governmental 62 contractor if the incidents and information pertain to a patient 63 treated under the contract. The health care provider shall 64 submit the reports required by s. 395.0197. If an incident 65 involves a professional licensed by the Department of Health or 66 a facility licensed by the Agency for Health Care 67 Administration, the governmental contractor shall submit such 68 incident reports to the appropriate department or agency, which 69 shall review each incident and determine whether it involves 70 conduct by the licensee that is subject to disciplinary action. 71 All patient medical records and any identifying information 72 contained in adverse incident reports and treatment outcomes 73 which are obtained by governmental entities under this paragraph 74 are confidential and exempt from the provisions of s. 119.07(1) 75 and s. 24(a), Art. I of the State Constitution. 76 (d) Patient selection and initial referral must be made by 77 the governmental contractor or the provider. Patients may not be 78 transferred to the provider based on a violation of the 79 antidumping provisions of the Omnibus Budget Reconciliation Act 80 of 1989, the Omnibus Budget Reconciliation Act of 1990, or 81 chapter 395. 82 (e) If emergency care is required, the patient need not be 83 referred before receiving treatment, but must be referred within 84 48 hours after treatment is commenced or within 48 hours after 85 the patient has the mental capacity to consent to treatment, 86 whichever occurs later. 87 (f) The provider is subject to supervision and regular 88 inspection by the governmental contractor. 89 (g) As an agent of the governmental contractor for purposes 90 of s. 768.28(9), while acting within the scope of duties under 91 the contract, a health care provider licensed under chapter 466 92 may allow a patient, or a parent or guardian of the patient, to 93 voluntarily contribute a monetary amount to cover costs of 94 dental laboratory work related to the services provided to the 95 patient. This contribution may not exceed the actual cost of the 96 dental laboratory charges. 97 98 A governmental contractor that is also a health care provider is 99 not required to enter into a contract under this section with 100 respect to the health care services delivered by its employees. 101 Section 2. Section 466.00673, Florida Statutes, is amended 102 to read: 103 466.00673 Repeal of a health access dental license. 104 Effective January 1, 20202015, ss. 466.0067-466.00673 are 105 repealed unless reenacted by the Legislature. Any health access 106 dental license issued before January 1, 20202015, shall remain 107 valid according to ss. 466.0067-466.00673, without effect from 108 repeal. 109 Section 3. This act shall take effect July 1, 2014.