Bill Text: FL S0108 | 2016 | Regular Session | Comm Sub
Bill Title: Financial Arrangements Between Referring Health Care Providers and Providers of Health Care Services
Spectrum: Bipartisan Bill
Status: (Failed) 2016-03-11 - Died in Banking and Insurance [S0108 Detail]
Download: Florida-2016-S0108-Comm_Sub.html
Florida Senate - 2016 CS for SB 108 By the Committee on Health Policy; and Senator Grimsley 588-01306-16 2016108c1 1 A bill to be entitled 2 An act relating to financial arrangements between 3 referring health care providers and providers of 4 health care services; amending s. 456.053, F.S.; 5 exempting clinical laboratory services incidental to 6 renal dialysis from the definition of “designated 7 health services”; providing that the definition of 8 “investment interest” does not include investment 9 interests in an entity that is the sole provider of 10 clinical laboratory services incidental to renal 11 dialysis in a rural area; excluding orders, 12 recommendations, or plans of care by a nephrologist 13 for clinical laboratory services incidental to renal 14 dialysis from the definition of “referral”; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraphs (c), (k), and (o) of subsection (3) 20 of section 456.053, Florida Statutes, are amended to read: 21 456.053 Financial arrangements between referring health 22 care providers and providers of health care services.— 23 (3) DEFINITIONS.—For the purpose of this section, the word, 24 phrase, or term: 25 (c) “Designated health services” means, for purposes of26this section,clinical laboratory services, other than clinical 27 laboratory services incidental to renal dialysis, physical 28 therapy services, comprehensive rehabilitative services, 29 diagnostic-imaging services, and radiation therapy services. 30 (k) “Investment interest” means equitiesan equityor debt 31 securitiessecurityissued by an entity, including, without 32 limitation, shares of stock in a corporation, units or other 33 interests in a partnership, bonds, debentures, notes, or other 34 equity interests or debt instruments. The following investment 35 interests areshall beexcepted from this definition: 36 1. An investment interest in an entity that is the sole 37 provider of designated health services or clinical laboratory 38 services incidental to renal dialysis in a rural area.;39 2. An investment interest in notes, bonds, debentures, or 40 other debt instruments issued by an entity thatwhichprovides 41 designated health services, as an integral part of a plan by the 42suchentity to acquire such investor’s equity investment 43 interest in the entity, provided that the interest rate is 44 consistent with fair market value, and that the maturity date of 45 the notes, bonds, debentures, or other debt instruments issued 46 by the entity to the investor is not later than October 1, 1996. 47 3. An investment interest in real property which results 48resultingin a landlord-tenant relationship between the health 49 care provider and the entity in which the equity interest is 50 held, unless the rent is determined, in whole or in part, by the 51 business volume or profitability of the tenant or exceeds fair 52 market value.; or53 4. An investment interest in an entity thatwhichowns or 54 leases and operates a hospital licensed under chapter 395 or a 55 nursing home facility licensed under chapter 400. 56 (o) “Referral” means any referral of a patient by a health 57 care provider for health care services, including, without 58 limitation: 59 1. The forwarding of a patient by a health care provider to 60 another health care provider or to an entity which provides or 61 supplies designated health services or any other health care 62 item or service; or 63 2. The request or establishment of a plan of care by a 64 health care provider, which includes the provision of designated 65 health services or other health care item or service. 66 3. The following orders, recommendations, or plans of care 67 shall not constitute a referral by a health care provider: 68 a. By a radiologist for diagnostic-imaging services. 69 b. By a physician specializing in the provision of 70 radiation therapy services for such services. 71 c. By a medical oncologist for drugs and solutions to be 72 prepared and administered intravenously to such oncologist’s 73 patient, as well as for the supplies and equipment used in 74 connection therewith to treat such patient for cancer and the 75 complications thereof. 76 d. By a cardiologist for cardiac catheterization services. 77 e. By a pathologist for diagnostic clinical laboratory 78 tests and pathological examination services, if furnished by or 79 under the supervision of such pathologist pursuant to a 80 consultation requested by another physician. 81 f. By a health care provider who is the sole provider or 82 member of a group practice for designated health services or 83 other health care items or services that are prescribed or 84 provided solely for such referring health care provider’s or 85 group practice’s own patients, and that are provided or 86 performed by or under the direct supervision of such referring 87 health care provider or group practice; provided, however, that 88 effective July 1, 1999, a physician licensed pursuant to chapter 89 458, chapter 459, chapter 460, or chapter 461 may refer a 90 patient to a sole provider or group practice for diagnostic 91 imaging services, excluding radiation therapy services, for 92 which the sole provider or group practice billed both the 93 technical and the professional fee for or on behalf of the 94 patient, if the referring physician has no investment interest 95 in the practice. The diagnostic imaging service referred to a 96 group practice or sole provider must be a diagnostic imaging 97 service normally provided within the scope of practice to the 98 patients of the group practice or sole provider. The group 99 practice or sole provider may accept no more than 15 percent of 100 their patients receiving diagnostic imaging services from 101 outside referrals, excluding radiation therapy services. 102 g. By a health care provider for services provided by an 103 ambulatory surgical center licensed under chapter 395. 104 h. By a urologist for lithotripsy services. 105 i. By a dentist for dental services performed by an 106 employee of or health care provider who is an independent 107 contractor with the dentist or group practice of which the 108 dentist is a member. 109 j. By a physician for infusion therapy services to a 110 patient of that physician or a member of that physician’s group 111 practice. 112 k. By a nephrologist for renal dialysis services,and113 supplies, or clinical laboratory services incidental to renal 114 dialysisexcept laboratory services. 115 l. By a health care provider whose principal professional 116 practice consists of treating patients in their private 117 residences for services to be rendered in such private 118 residences, except for services rendered by a home health agency 119 licensed under chapter 400. For purposes of this sub 120 subparagraph, the term “private residences” includes patients’ 121 private homes, independent living centers, and assisted living 122 facilities, but does not include skilled nursing facilities. 123 m. By a health care provider for sleep-related testing. 124 Section 2. This act shall take effect July 1, 2016.