THE BILL ITSELF
HB 4041
Compensation for Health Care Services for Inmates in Indian River County
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An act relating to compensation for health care
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services for inmates in Indian River County; providing
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definitions; limiting compensation to a health care
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provider that provides any medical services for an
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inmate housed in an Indian River County detention
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center under certain conditions; requiring certain
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compensation for a specified hospital that provides
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medical services for specified inmates if the hospital
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does not have a contract with the county to provide
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such services; limiting compensation to an entity that
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provides emergency medical transportation services for
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an inmate housed in an Indian River County detention
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center if the entity does not have a contract with the
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county to provide such services; providing
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nonapplicability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. (1) As used in this act, the term:
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(a) "Air ambulance" means a fixed-wing or rotary-wing
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aircraft used for, or intended to be used for, air
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transportation of sick or injured persons requiring or likely to
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require medical attention during transport.
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(b) "Emergency medical services vehicle" means a privately
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or publicly owned vehicle or vessel that is designed,
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constructed, reconstructed, maintained, equipped, or operated
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for, and is used for, or intended to be used for, land or water
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transportation of sick or injured persons requiring or likely to
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require medical attention during transport.
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(c) "Emergency medical transportation services" includes,
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but is not limited to, services rendered by means of an
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emergency medical services vehicle or air ambulance.
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(d) "Health care provider" means:
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1. A hospital licensed under chapter 395, Florida
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Statutes.
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2. A physician or physician assistant licensed under
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chapter 458, Florida Statutes.
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3. An osteopathic physician or physician assistant
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licensed under chapter 459, Florida Statutes.
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4. A podiatric physician licensed under chapter 461,
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Florida Statutes.
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5. A health maintenance organization certificated under
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part I of chapter 641, Florida Statutes.
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6. An ambulatory surgical center licensed under chapter
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395, Florida Statutes.
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7. A facility the primary purpose of which is to provide
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human medical diagnostic services or a facility providing
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nonsurgical human medical treatment, to which facility the
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patient is admitted and from which facility the patient is
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discharged within the same working day, and which facility is
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not part of a hospital. However, the term does not include a
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facility existing for the primary purpose of performing
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terminations of pregnancy or an office maintained by a physician
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or dentist for the practice of medicine.
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8. A professional association, partnership, corporation,
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joint venture, or other association composed of the persons
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listed in subparagraphs 2., 3., and 4. for professional
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activity.
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(2)(a)1. Except as specifically provided in this
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subsection, compensation to a health care provider to provide
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any medical services for an inmate housed in an Indian River
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County detention center may not exceed 110 percent of the
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Medicare allowable rate if the health care provider does not
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have a contract with Indian River County to provide inmate
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medical services.
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2. Compensation to a health care provider may not exceed
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125 percent of the Medicare allowable rate if:
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a. The health care provider does not have a contract with
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Indian River County to provide inmate medical services; and
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b. The health care provider reported a negative operating
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margin for the previous year to the Agency for Health Care
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Administration through hospital-audited financial data.
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(b) Compensation to a hospital designated as a trauma
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center by the Department of Health to provide medical services
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for an inmate designated as a trauma alert victim, as defined
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under Florida law, must be at 175 percent of the Medicare
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allowable rate if the hospital does not have a contract with
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Indian River County to provide inmate medical services.
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(3) Compensation to an entity to provide emergency medical
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transportation services for an inmate housed in an Indian River
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County detention center may not exceed 110 percent of the
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Medicare allowable rate if the entity does not have a contract
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with Indian River County to provide inmate emergency medical
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transportation services.
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(4) This act does not apply to charges for medical
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services provided at a hospital operated by Indian River County.
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Section 2. This act shall take effect upon becoming a law.