Bill Text: FL S1016 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dentistry
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Messages [S1016 Detail]
Download: Florida-2013-S1016-Introduced.html
Bill Title: Dentistry
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Messages [S1016 Detail]
Download: Florida-2013-S1016-Introduced.html
Florida Senate - 2013 SB 1016 By Senator Hays 11-00184C-13 20131016__ 1 A bill to be entitled 2 An act relating to sovereign immunity for dentists and 3 dental hygienists; amending s. 766.1115, F.S.; 4 revising a definition; defining the term 5 “uncompensated services” as it relates to the 6 liability of health care providers licensed under ch. 7 466, F.S., who are agents of governmental contractors; 8 providing that the contribution to the dental 9 laboratory expenses associated with the care of a 10 patient is not considered compensation for the 11 services; requiring a contract with a governmental 12 contractor for health care services to include a 13 provision for a health care provider licensed under 14 ch. 466, F.S., as an agent of the governmental 15 contractor, to allow a patient or a parent or guardian 16 of the patient to voluntarily contribute a fee to 17 cover costs of dental laboratory work related to the 18 services provided to the patient without forfeiting 19 sovereign immunity; prohibiting the contribution from 20 exceeding the actual amount of the dental laboratory 21 charges; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraph (a) of subsection (3) of section 26 766.1115, Florida Statutes, is amended, paragraph (f) is added 27 to that subsection, and paragraph (h) is added to subsection (4) 28 of that section, to read: 29 766.1115 Health care providers; creation of agency 30 relationship with governmental contractors.— 31 (3) DEFINITIONS.—As used in this section, the term: 32 (a) “Contract” means an agreement executed in compliance 33 with this section between a health care provider and a 34 governmental contractor which allows. This contract shall allow35 the health care provider to deliver health care services to low 36 income recipients as an agent of the governmental contractor. 37 The contract must be for volunteer, uncompensated services. For 38 services to qualify as volunteer, uncompensated services under 39 this section, the health care provider must receive no 40 compensation from the governmental contractor foranyservices 41 provided under the contract and must not bill or accept 42 compensation from the recipient, or aanypublic or private 43 third-party payor, for the specific services provided to the 44 low-income recipients covered by the contract. 45 (f) “Uncompensated services” means services voluntarily 46 provided under a contract in which a health care provider 47 licensed under chapter 466 does not receive compensation from 48 the governmental contractor and may not bill or accept 49 compensation from the recipient or any public or private third 50 party payor for the specific services provided to a low-income 51 recipient covered by the contract. If a patient or a parent or 52 guardian of the patient chooses to contribute to the dental 53 laboratory expenses associated with the care of the patient, 54 this contribution is not considered compensation for the 55 services. 56 (4) CONTRACT REQUIREMENTS.—A health care provider that 57 executes a contract with a governmental contractor to deliver 58 health care services on or after April 17, 1992, as an agent of 59 the governmental contractor is an agent for purposes of s. 60 768.28(9), while acting within the scope of duties under the 61 contract, if the contract complies with the requirements of this 62 section and regardless of whether the individual treated is 63 later found to be ineligible. A health care provider under 64 contract with the state may not be named as a defendant in any 65 action arising out of medical care or treatment provided on or 66 after April 17, 1992, under contracts entered into under this 67 section. The contract must provide that: 68 (h) As an agent of the governmental contractor for purposes 69 of s. 768.28(9), while acting within the scope of duties under 70 the contract, a health care provider licensed under chapter 466 71 may allow a patient or a parent or guardian of the patient to 72 voluntarily contribute a fee to cover costs of dental laboratory 73 work related to the services provided to the patient. This 74 contribution may not exceed the actual cost of the dental 75 laboratory charges. 76 77 A governmental contractor that is also a health care provider is 78 not required to enter into a contract under this section with 79 respect to the health care services delivered by its employees. 80 Section 2. This act shall take effect July 1, 2013.