Legislative News

 AmyYoung   Amy Young-Governmental Consultant
   

A Very Busy Session Ahead

Session does not officially convene until Jan. 11, 2016, but it seems we have been in Tallahassee all summer with three special sessions and committee hearings all fall. We have a great deal on our plate with efforts to pass legislation allowing Expedited Partner Therapy (see ACOG District XII’s Legislative Update in the Fall 2015 issue) and our legislation to repeal required establishment of guidelines for C-section parameters (see HB 471 and SB 586 below).

Once again, we will also be dealing with telemedicine legislation, ARNP expansion of scope of practice bills, direct primary care bills, prohibition on balance billing, anti-choice legislation, mandatory breast density reporting, and so many more (see legislation filed below). Furthermore, we still have two months until the bill filing deadlines in the House and Senate and expect to see several hundreds of additional bills filed. We will be updating our ACOG District XII website (www.acog12.org) periodically and hope that all of you will respond to “Calls To Action” when we need legislator’s to hear our voice on specific legislation. As always, thanks for your support. We have a lot of work ahead of us!

BILLS FILED TO AS OF NOVEMBER, 2015

HB 1 by Hill – Relating to Physician Admitting Privileges

General Physician Admitting Privileges: Creates “Women’s Health Protection Act”; requires that physicians performing or inducing termination of life procedure have admitting privileges at hospital within specified distance of location where procedure is performed or induced & provide certain health care services; specifies that violations by physicians are grounds for disciplinary action, to which penalties apply; defines term “termination of life.” Effective Date: July 1, 2016

HB 37 by Costello – Relating to Direct Primary Care

General Direct Primary Care: Specifies that direct primary care agreement does not constitute insurance & is not subject to Florida Insurance Code, including ch. 636, F.S.; specifies that entering into such agreement does not constitute business of insurance & is not subject to the code; provides that certificate of authority is not required to market, sell, or offer to sell such agreement; specifies criteria for such agreement. Effective Date: July 1, 2016

HB 81 by Edwards – Relating to Infectious Disease Elimination Pilot Program

General Infectious Disease Elimination Pilot Program: Designates act as “Miami- Dade Infectious Disease Elimination Act (IDEA)”; authorizes University of Miami & its affiliates to establish sterile needle & syringe exchange pilot program in Miami-Dade County; specifies locations for operation of program; provides that distribution of needles & syringes under pilot program does not violate Florida Comprehensive Drug Abuse Prevention & Control Act; requires report by OPPAGA. Effective Date: July 1, 2016

HB 85 by Fitzenhagen – Relating to Recovery Care Services

General Recovery Care Services: Includes recovery care centers as facilities licensed under ch. 395, F.S.; provides admission criteria for recovery care center; requires emergency care, transfer, & discharge protocols; authorizes AHCA to establish separate standards for recovery care centers for care &  treatment of patients; directs agency to enforce special occupancy provisions of Florida Building

Code applicable to recovery care centers; provides applicability of Health Care Licensing Procedures Act; exempts recovery care centers from specified minimum licensure requirements. Effective Date: July 1, 2016

SB 108 by Grimsley – Relating to Financial Arrangements between Referring Health Care Providers and Providers of Health Care Services

General Financial Arrangements Between Referring Health Care Providers and Providers of Health Care Services; Providing an exception to the prohibition against the referral by a health care provider of a patient for the provision of designated health services to an entity in which the provider has an  investment interest; increasing the threshold of a qualifying corporation’s asset valuation, etc. Effective Date: July 1, 2016

SB 132 by Grimsley – Relating to Direct Primary Care

General Direct Primary Care; Specifying that a direct primary care agreement does not constitute insurance and is not subject to provisions relating to prepaid limited health service organizations and discount medical plan organizations, or any other chapter of the Florida Insurance Code; providing that certain certificates of authority and licenses are not required to market, sell, or offer to sell a direct primary care agreement, etc. Effective Date: July 1, 2016

SB 178 by Bean – Relating to Quality Health Care Services

General Quality Health Care Services; Requiring the Office of Economic and Demographic Research and the Office of Program Policy Analysis and Government Accountability to complete a periodic analysis of the medical tourism marketing plan; requiring Enterprise Florida, Inc., to market this state as a health care destination in collaboration with the Department of Economic Opportunity; specifying that a direct primary care agreement does not constitute insurance and is not subject to the Florida Insurance Code; extending sovereign immunity to include employees or agents of a health care provider that executes a contract with a governmental contractor, etc. Effective Date: July 1, 2016

HB 187 by Watson – Relating to Staffing Ratios in Health Care Facilities

General Staffing Ratios in Health Care Facilities: Designates act as “Florida Hospital Patient Protection Act”; requires minimum staffing levels of direct care registered nurses in health care facility; prohibits facility from imposing mandatory overtime; specifies required ratios of direct care registered nurses to patients; prohibits health care facility from using video cameras or monitors as substitutes for required level of care; requires annual evaluation of staffing levels; requires AHCA to develop uniform standards for nurse staffing requirements; prohibits health care facility from assigning unlicensed personnel to perform functions of licensed or registered nurse; authorizes direct care registered nurse to assign activities to other nursing staff; provides that direct care registered nurse has right of action against facility that violates provisions of act; prohibits facility from interfering with nurses’ right to organize or bargain collectively; authorizes agency to impose fines. Effective Date: July 1, 2016

SB 210 by Grimsley – Relating to Health Care

General Health Care; Expanding the categories of persons who may prescribe brand name drugs under the prescription drug program when medically necessary; exempting controlled substances prescribed by an advanced registered nurse practitioner or a physician assistant from the disqualifications for certification or licensure, and for continued certification or licensure, as a deputy pilot or state pilot; applying existing penalties for violations relating to the prescribing or dispensing of controlled substances by an advanced registered nurse practitioner, etc. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law

SB 212 by Gaetz – Relating to Recovery Care Services

General Recovery Care Services; Providing legislative intent regarding recovery care centers; authorizing the agency to establish separate standards for the care and treatment of patients in recovery care centers; directing the agency to enforce special-occupancy provisions of the Florida Building Code applicable to recovery care centers; providing applicability of the Health Care Licensing Procedures Act to recovery care centers; exempting recovery care centers from specified minimum licensure  requirements, etc. Effective Date: July 1, 2016

HB 221 by Trujillo – Relating to Health Insurance Coverage for Emergency Services

General Health Insurance Coverage for Emergency Services: Prohibits coverage for emergency services from requiring prior authorization determination; requires such coverage to be provided regardless of whether service is furnished by participating or nonparticipating provider; specifies coinsurance, copayment, limitation of benefits, & reimbursement requirements for nonparticipating providers; prohibits nonparticipating provider from collecting or attempting to collect amount in excess of specified amounts; revises methodology for determining HMO reimbursement amounts for certain services. Effective Date: October 1, 2016

SB 236 by Grimsley – Relating to Certificates of Need for Rural Hospitals

General Certificates of Need for Rural Hospitals; Revising the criteria for exempting a rural hospital or the notfor-profit operator of rural hospitals from the requirement to obtain a certificate of need for the construction of a new or replacement facility within the primary service area, etc. Effective Date: July 1, 2016

SB 242 by Braynon – Relating to Infectious Disease Elimination Pilot Program

General Infectious Disease Elimination Pilot Program; Citing this act as the “Miami-Dade Infectious Disease Elimination Act (IDEA)”; authorizing the University of Miami and its affiliates to establish a sterile needle and syringe exchange pilot program in Miami-Dade County; providing that the possession, distribution, or exchange of needles and syringes under the pilot program is not a violation of the Florida Comprehensive Drug Abuse Prevention and Control Act or any other law; requiring the pilot program to collect certain data; prohibiting the collection of personal identifying information from program participants, etc. Effective Date: July 1, 2016

SB 266 by Ring – Relating to Mammography Reports

General Mammography Reports; requiring that mammography reports include a specified notice regarding breast density, etc. Effective Date: October 1, 2016

HB 375 by Steube – Relating to Physician Assistants

General Physician Assistants: Authorizes licensed physician assistant to perform certain services as delegated by supervisory physician; revises circumstances under which physician assistant may prescribe medication; revises physician assistant licensure & license renewal requirements; deletes provisions related to examination by DOH; requires licensed physician assistants to report change in designated supervising physician within specified time; requires designated supervising physician to maintain list of approved supervising physicians at practice or facility. Effective Date: July 1, 2016

HB 401 by Gonzalez – Relating to Protection of Religious Freedom

General Protection of Religious Freedom: Provides immunity from liability for health care facility, health care provider, person, closely held organization, religious institution, business owned or operated by religious institution, or private childplacing agency that refuses to perform certain actions that would be contrary to religious or moral convictions or policies. Effective Date: July 1, 2016

HB 421 by Trumbull – Relating to Reimbursement of Medicaid Providers

General Reimbursement of Medicaid Providers: Defines “usual and customary charge” for purposes of Medicaid billing; provides applicability. Effective Date: July 1, 2016

HB 423 by Pigman – Relating to Drug Prescription by Advanced Registered Nurse Practitioners & Physician Assistants

General Drug Prescription by Advanced Registered Nurse Practitioners & Physician Assistants: Expands categories of persons who may prescribe brand drugs under prescription drug program when medically necessary; exempts controlled substances prescribed by ARNP or physician assistant from disqualifications for certification or licensure as deputy or state pilot; applies certain existing penalties to ARNPs; requires ARNPs & physician assistants who prescribe controlled substances to make certain designation, comply with registration requirements, & follow specified standards of practice; redefines term “practitioner” to include ARNPs & physician assistants under Florida Comprehensive Drug Abuse Prevention &Control Act. Effective Date: July 1, 2016

SB 428 by Grimsley – Relating to Health Care

General Health Care; Expanding the categories of persons who may prescribe brand name drugs under the prescription drug program when medically necessary; exempting controlled substances prescribed by an advanced registered nurse practitioner or a physician assistant from the disqualifications for certification or licensure, and for continued certification or licensure, as a deputy pilot or state pilot; applying existing penalties for violations relating to the prescribing or dispensing of controlled  substances by an advanced registered nurse practitioner, etc. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law

HB 437 by Sprowls – Relating to Certificates of Need for Hospitals

General Certificates of Need for Hospitals: Deletes provisions relating to certificates of need required for new, expanded, or modified hospital construction; revises AHCA’s rulemaking authority with respect to hospitals that provide certain services. Effective Date: July 1, 2016

HB 465 by Santiago – Relating to Health Maintenance Organization Solvency

General Health Maintenance Organization Solvency: Redefines term “life & health insurer” to include HMOs authorized only in this state; specifies limitation on premium to surplus ratio of HMO; provides formulas for calculation; specifies requirements for projected annual gross written premium; defines “gross written premium”; requires OIR to take certain actions with respect to HMO if specified premium to surplus ratio is exceeded; provides an exception; provides applicability; provides directive to Division of Law Revision & Information. Effective Date: Upon becoming a law

HB 471 by Burton – Relating to Responsibilities of Health Care Providers

General Responsibilities of Health Care Providers: Repeals provisions relating to practice parameters for physicians performing caesarean section deliveries in provider hospitals; requires hospital to notify certain obstetrical physicians within specified timeframe before hospital closes its obstetrical department or ceases to provide obstetrical services. Effective Date: July 1, 2016

HB 521 by Jacobs – Relating to Mammography Reports

General Mammography Reports: Requiires that mammography reports include specified notice regarding breast density. Effective Date: October 1, 2016

SB 526 by Grimsley – Relating to Reimbursement of Medicaid Providers

General Reimbursement of Medicaid Providers; Defining the term “usual and customary charge” for purposes of Medicaid billing, etc. Effective Date: July 1, 2016

SB 586 by Stargel – Relating to Responsibilities of Health Care Providers

General Responsibilities of Health Care Providers; Repealing provisions relating to practice parameters for physicians performing caesarean section deliveries in provider hospitals; requiring a hospital to notify certain obstetrical physicians within a specified timeframe before the hospital closes its  obstetrical department or ceases to provide obstetrical services, etc. Effective Date: July 1, 2016

SB 602 by Stargel – Relating to Physician Admitting Privileges

General Physician Admitting Privileges; Citing this act as the “Women’s Health Protection Act”; requiring that a physician performing an abortion have admitting privileges at a hospital in this state or have a transfer agreement with a hospital within reasonable proximity of the abortion clinic, etc. Effective Date: July 1, 2016

SB 638 by Lee – Relating to Health Maintenance Organization Solvency

General Health Maintenance Organization Solvency; Redefining the term “life and health insurer” to include health maintenance organizations authorized only in this state; specifying a limitation on the premium to surplus ratio of a health maintenance organization; requiring the Office of Insurance Regulation to take certain actions with respect to a health maintenance organization if a specified premium to surplus ratio is exceeded, etc. Effective Date: Upon becoming a law

SB 664 by Brandes – Relating to Physician Orders for Life-sustaining Treatment

General Physician Orders for Lifesustaining Treatment; Requiring the Department of Health to develop, and adopt by rule, a physician order for life-sustaining treatment (POLST) form; requiring the Agency for Health Care Administration to act as the state clearinghouse for compassionate and palliative care plans and information on those plans; authorizing a hospice care team to withhold or withdraw cardiopulmonary resuscitation if a patient has a POLST form that contains such an order; requiring the Department of Health to establish circumstances and procedures for honoring a POLST form; requiring a health care surrogate to provide written consent for a POLST form under certain circumstances, etc. Effective Date: July 1, 2016

SB 676 by Grimsley – Relating to Health Care

General Health Care; Expanding the categories of persons who may prescribe brand name drugs under the prescription drug program when medically necessary; requiring a hospital to provide specified advance notice to certain obstetrical physicians before it closes its obstetrical department or ceases to provide obstetrical services; requiring the Board of Nursing to establish a committee to recommend a formulary of controlled substances that may not be prescribed, or may be prescribed only on a limited basis, by an advanced registered nurse practitioner; requiring that certain health insurers that do not already use a certain form use only a prior authorization form approved by the Financial Services Commission, etc. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law

SB 748 by Flores – Relating to Physician Assistants

General Physician Assistants; Revising circumstances under which a physician assistant may prescribe medication; authorizing a licensed physician assistant to perform certain services as delegated by a supervising physician; deleting provisions related to examination by the Department of Health; requiring a designated supervising physician to maintain a list of approved supervising physicians at the practice or facility, etc. Effective Date: July 1, 2016

Contact:

Colleen Filbert
Project Manager
cfilbert@acogdistrict12fl.org

ACOG District XII:
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American Congress of Obstetricians and Gynecologists
409 12th Street SW, Washington, DC  20024-2188 | Mailing Address: PO Box 70620, Washington, DC 20024-9998