2021 Florida Legislative Session Health Care Summary | Shumaker, Loop & Kendrick, LLP


The 2021 Florida Legislative Session accomplished its 60-day common session on April 30th. Each Chambers handed 275 payments and plenty of have been signed by the Governor. For a whole post-session overview, click on here. Workforce, training, and well being care had been all closely debated payments. Well being care continues to be a vital matter for Florida and its legislative leaders. Following, please discover a abstract of some well being care payments that handed. As famous, some are nonetheless awaiting motion by Governor DeSantis. Please observe us on July 1st, as extra particulars will probably be obtainable.

HB 0183 Workplace of Minority Well being and Well being Fairness

HB 183 requires the Workplace of Minority Well being and Well being Fairness to determine and current options to well being disparities confronted by racial and ethnic minority populations in Florida. Traditionally, these minority teams expertise larger charges of sickness and dying from well being circumstances akin to coronary heart illness, stroke, particular cancers, diabetes, HIV/AIDS, psychological well being, bronchial asthma, and weight problems. Below the invoice, the Workplace will probably be tasked with growing and implementing insurance policies, applications, and practices alongside different companies, organizations, and suppliers as a way to enhance the well being of racial and ethnic minority populations throughout the state. They need to analyze and collect knowledge concerning the standing, outcomes, high quality, and accessibility of well being look after minority populations and decide appropriate approaches to supply assist for higher info dissemination and training about well being disparities. The Workplace should additionally regularly consider well being care practices throughout the state to encourage success, sustainability, and cultural consciousness, permitting communities to finally grow to be self-sufficient. In an effort to obtain this, the invoice requires that the Workplace will work with a minority well being liaison from every county well being division in implementing the invoice provisions. Moreover, the Workplace of Minority Well being and Well being Fairness is allowed below the invoice to function a liaison to and help the federal Workplace of Minority Well being and Regional Well being Organizations, as crucial. The Division of Well being should preserve up-to-date knowledge about well being disparities and points, details about and assets for minority populations in Florida, and assets for suppliers in search of to grow to be extra culturally competent and enhance entry to well being look after minority populations. The invoice takes impact on July 1, 2021.

SB 0262 Dishing out Medicinal Medicine

SB 262 will permit hospitals working class II or III institutional pharmacies to dispense medicinal medication to sufferers below sure circumstances. Class II and III pharmacies are distinguished from class I pharmacies as a result of they administer medication on premises, and beforehand have solely been capable of dispense medication to outpatients with a group pharmacy allow from the division and couldn’t prescribe greater than a 24-hour provide. Below the invoice, these pharmacies will be capable to dispense medication to outpatients provided that the prescriber treating the affected person determines it’s warranted and that the affected person doesn’t have enough entry to group pharmacy companies, geographically or in any other case. The medication might also be prescribed in a amount that can final 48 hours or till the tip of the following enterprise day, whichever is larger, or as much as 72 hours in a state of emergency. The prescriber might present a prescription to be used past the designated interval whether it is deemed crucial. Moreover, the prescriptions are topic to all current laws on managed substances below ss. 456.44 and 465.0276, F.S. The invoice takes impact on July 1, 2021.

HB 0431 Doctor Assistants

HB 431 revises the follow acts for Doctor Assistants (PAs) in Florida statues 458 and 459 and creates new laws and obligations for PAs. The invoice specifies which PA training and coaching applications are authorised for PA licensure and amends PA licensure and licensure renewal necessities, authorizes a PA to authenticate any doc by signature, certification, stamp, verification, affidavit, or endorsement if the doc might also be so authenticated by a doctor, prohibits a PA from issuing a doctor certification for medical marijuana, authorizes a PA below the supervision of sure practitioners to prescribe as much as a 14-day provide of Schedule II psychotropic medication to a minor, will increase the variety of PAs a doctor might supervise at anybody time from 4 to 10, removes the requirement {that a} PA notify a affected person of the appropriate to see a doctor previous to the PA prescribing or shelling out a prescription, authorizes a PA to acquire medicines and medical units, with exceptions, authorizes a PA to oversee medical assistants, authorizes a PA to instantly invoice and obtain fee from third-party payors for the companies they ship, authorizes the Board of Drugs and the Board of Osteopathic Drugs to license a PA who holds a certification from an entity that’s the equal of the Nationwide Fee on Certification of Doctor Assistants, repeals authorization for the Division of Well being (DOH) to difficulty prescriber numbers, requires prescriptions for medicinal medication by a PA to incorporate specified info, removes the requirement for a licensed PA to inform the DOH in writing inside 30 days of employment or after any change in supervising doctor, authorizes a PA to fulfill persevering with training requirement on managed substance prescribing by a course designated by the American Osteopathic Affiliation as a Class 1-A credit score, and removes the requirement that PA licensure candidates in search of prescribing authority present course transcripts. Contingent on whether or not the Governor indicators the invoice, it’s meant to take impact July 1, 2021.

HB 701 Behavioral Well being Care Providers Protection and Entry

HB 701 goals to make clear coverages and complaints concerning behavioral and psychological well being care entry. The invoice would require well being insurers and well being administration organizations to stipulate federal and state necessities to qualify for behavioral well being companies and supply it to insureds instantly on an annual foundation. This discover should additionally embody the toll-free telephone quantity established by the Division of Client Providers inside the Division of Kids and Households (DCF) for people to file complaints concerning availability, affordability, and adequacy of behavioral well being companies. Protection and phone info should even be made obtainable on their web sites. Details about the character of obtained complaints, the amount of complaints, and any suggestions for bettering behavioral well being care protection and entry should even be compiled in a report back to the Governor and legislature, and shall be delivered by January 31, 2022. The invoice will take impact October 1, 2021.

SB 716 Consent for Pelvic Examinations

SB 716 amends, narrows, and simplifies the definition of “pelvic examination,” streamlining the scope and software of s. 456.51, F.S. The invoice amends present statute that requires written consent for any examination carried out by well being care practitioners, medical college students, and trainees to require written consent solely within the occasion {that a} affected person will probably be anesthetized or unconscious throughout the examination. From a aware affected person, knowledgeable verbal consent have to be obtained no matter whether or not there was written authorization. A singular written consent will permit a number of practitioners or college students to carry out examinations on a pregnant girl experiencing contractions below the up to date statutes. The invoice additionally amends present statutes concerning exceptions to consent legal guidelines, including exceptions for emergency medical circumstances, youngster safety investigations, and prison investigations associated to youngster abuse or neglect below statutes that tackle human trafficking, sexual battery, prostitution, lewdness, indecent publicity, youngster abuse, or obscenity. The invoice takes impact July 1, 2021.

SB 768 Administration of Vaccines

SB 768 expands the scope of authority for Board of Pharmacy licensed pharmacists and pharmacy interns to manage vaccines to adults below the supervision of a licensed doctor. The invoice permits these people to manage vaccines and immunizations which can be listed on the CDC Grownup Immunization Schedule as of April 30, 2021, beneficial by the CDC for worldwide journey, or licensed to be used in the US or authorised for emergency use as of April 30, 2021. The invoice additionally authorizes these pharmacists and pharmacy interns to manage influenza vaccines to kids seven or older. The invoice takes impact July 1, 2021.

HB 905 Program of All-Inclusive Look after the Aged

HB 905 codifies practices already in place inside the Program of All-Inclusive Look after the Aged. The Program permits people 55 or older to obtain all crucial care lined by Medicare and Medicaid and any crucial extra care not lined, and it doesn’t topic sufferers to copays, coinsurance, or another cost-sharing mechanisms sometimes used below Medicare and Medicaid. Moreover, the Program doesn’t place any limitations on quantity, length, or scope of care or protection. The invoice has little to no impact on present practices, as its purpose is solely to codify in statute practices that had already been in place. It should take impact on July 1, 2021.

HB 1157 Freestanding Emergency Departments

In an effort to tackle confusion between freestanding emergency departments (FED) and pressing care facilities by sufferers in search of care, HB 1157 would require FEDs to put up sure notices on their premises distinguishing their companies from these of an pressing care middle. It additionally requires the Company for Well being Care Administration (AHCA) to maintain references on the variations between FEDs and pressing care facilities, two examples of the in depth value variations between FEDs and pressing care facilities, an interactive software to find pressing care facilities, and directions on what to do within the occasion of a real emergency updated on their web site. Hospitals should preserve a hyperlink to this info accessible on their web sites. Well being insurers should put up on their web sites examples for insurers and insureds of the prices incurred by inappropriate use of emergency companies and an interactive software to find in-network and out-of-network pressing care facilities. The invoice takes impact July 1, 2021.

HB 1189 Victims of Sexual Offenses

HB 1189 establishes duties and laws for Sexual Assault Response Groups (SARTs). SARTs consider and supply assist all through native sexual assault instances, work to develop a stronger understanding of victimization and the optimistic results of trauma-informed coaching, and are comprised of sexual assault nurse examiners, sexual assault sufferer advocates, regulation enforcement officers, and prosecutors. Below the invoice, SARTs are required to satisfy at the very least quarterly to make sure a coordinated multidisciplinary response to sexual assault; develop written protocols to manipulate the crew’s response to sexual assault, together with, however not restricted to, procedures for regulation enforcement response, proof retention, and sufferer companies; and promote and assist the usage of sexual assault forensic examiners who’ve obtained a minimal of 40 hours of specialised coaching within the provision of trauma-informed medical care and within the assortment of proof in sexual assault instances. The invoice requires that county well being departments, or a designee, both take part within the licensed rape disaster middle’s current SART or coordinate the creation of a SART with group leaders if one doesn’t exist. It additionally requires the Felony Justice Requirements and Coaching Fee, in session with the Florida Council In opposition to Sexual Violence (FCASV), to ascertain minimal requirements for fundamental abilities and continued training coaching for regulation enforcement officers that features a culturally responsive trauma-informed response to sexual assault by July 1, 2022. Topic to the Governor’s veto powers, the invoice takes impact July 1, 2021.

HB 1381 Maternal Well being Outcomes

Inside the DOH, the Workplace of Minority Well being and Well being Fairness employs a number of well being promotion applications together with the Closing the Hole (CTG) grant program. The grant program goals to handle well being disparities and inequities for minority populations throughout the state by offering grants to extend community-based well being and illness prevention actions. Below HB 1381, CTGs are approved to fund initiatives to lower racial and ethnic disparities in extreme maternal morbidity and different maternal outcomes. The invoice additionally provides maternal well being applications to current community-based applications the DOH should coordinate. The invoice additionally creates telehealth minority maternity care pilot applications in Duval and Orange counties to increase entry to care associated to maternal morbidity and different maternal outcomes. The pilot applications should use telehealth or coordinate with prenatal residence visiting applications to supply companies and training to eligible pregnant girls and supply coaching to taking part well being care practitioners and different perinatal professionals. Topic to Governor’s motion, the invoice takes impact July 1, 2021.

SB 1786 Florida Start-Associated Neurological Harm Compensation Plan

SB 1786 updates the Florida Start-Associated Neurological Harm Compensation Plan, rising the utmost quantity which may be awarded to oldsters or authorized guardians of an toddler who has sustained a birth-related neurological harm from $100,000 to $250,000. Moreover, the invoice will increase the dying profit for an toddler who sustained a neurological harm from $10,000 to $50,000, will increase the variety of administrators on the  Florida Start-Associated Neurological Harm Compensation Affiliation’s (NICA) board from 5 to seven by including a dad or mum or authorized guardian of a Plan participant and a consultant of an advocacy group for kids with disabilities, and specifies that at the very least one director on the NICA’s board is a girl, amongst many different administrative modifications to the plan and its provisions. The invoice requires NICA to submit an annual report back to the Governor, the President of the Senate, and the Speaker of the Home of Representatives, the primary of which should embody an actuarial evaluation of the fiscal impacts of revising sure eligibility requirements and advantages. NICA will even be topic to an audit by the Auditor Normal below the invoice. Except the legislature reevaluates and re-implements NICA and the Plan, each with attain a sundown on December 31, 2026. The invoice will take impact July 1, 2021.

SB 1934 Well being Care Practitioner Self-discipline

SB 1934 amends s. 456.072, F.S., to elongate the listing of offenses which can be grounds for disciplinary motion towards the license of a well being care practitioner regulated by the DOH. Added to the listing are the offenses of being convicted or discovered responsible of, getting into a plea of responsible or nolo contendere to, no matter adjudication, or committing or trying, soliciting, or conspiring to commit an act that might represent a violation of any of the offenses listed in s. 456.074(5), F.S., or the same offense in one other jurisdiction. The invoice additionally specifies prison offenses involving a baby that might lead to requiring the DOH to difficulty an ESO towards the practitioner’s license. Moreover, the invoice directs the Workplace of Program Coverage Evaluation and Authorities (OPPAGA) to research Florida’s legal guidelines and guidelines referring to grounds for well being care practitioner self-discipline and quick suspension of licenses, particularly with respect to prison offenses, and report back to the Governor, the President of the Senate, and the Speaker of the Home of Representatives by January 1, 2022. Inside this report, the OPPAGA should analyze and determine all well being care professions regulated by the DOH. Upon approval from the Governor, the invoice will take impact July 1, 2021.

HB 6095 Scheduling of Drug Merchandise Containing Cannabidiol

HB 6095 aligns Florida statute with federal regulation, eradicating Epidiolex from the schedule of addictive medication. Epidiolex is a prescription cannabidiol, a non-psychoactive compound derived from the hashish plant, which is used to deal with seizures. The legislature beforehand moved Epidiolex from Schedule I to Schedule V, and this invoice seeks to reflect the adjustment by the Drug Enforcement Administration (DEA.) Since Epidiolex is derived from the hashish plant and accommodates no THC, it meets the definition of hemp below Florida regulation and won’t revert to classification as a Schedule I managed substance. Moreover, the drug is now not topic to Schedule V reporting necessities upon prescription. The invoice takes impact upon changing into a regulation.

SB 804 Substance Abuse Providers

SB 804 makes a number of modifications to provisions governing the licensure and regulation of substance abuse therapy applications, together with restoration residences. Below the invoice, will probably be a third-degree felony to misrepresent or withhold info when making use of for a license to be a substance abuse service supplier. The invoice additionally updates laws concerning fines and suspension of the supplier’s license. The invoice additionally broadens the eligibility for exemption from employment disqualification for sure prior prison offenses to specified workers of an applicant restoration residence and to applicant restoration residence directors, and it prohibits sure courses of dwellings which can be used as restoration residences from having their occupancy class modified or being reclassified for the aim of enforcement of the Florida Constructing Code and for the Florida Fireplace Prevention Code’s requirement for set up of fireside sprinklers. The invoice will take impact July 1, 2021.

HB 17 Podiatric Drugs

HB 17 requires podiatric physicians to finish a two-hour persevering with training course on secure and efficient prescribing of managed substances as part of the 40 hours of continuous skilled training required for biennial licensure renewal. Podiatric physicians will now not be topic to the necessities of s. 456.0301, F.S. The invoice additionally permits sufferers to enter into well being care agreements with podiatric physicians, who beforehand had been excluded from making such agreements. The invoice takes impact July 1, 2021.

HB 833 Defending DNA Privateness

HB 833 creates the “Defending DNA Privateness Act.” The Act creates new crimes for an individual who willfully, and with out specific consent: collects or retains one other particular person’s DNA pattern with intent to research such pattern, as a first-degree misdemeanor, submits one other particular person’s DNA pattern for evaluation or conducts or procures the conducting of such evaluation, as a third-degree felony, discloses one other particular person’s DNA evaluation outcomes to a 3rd celebration, except such outcomes had been beforehand voluntarily disclosed by the particular person whose DNA was analyzed, as a third-degree felony, or sells or in any other case transfers one other particular person’s DNA pattern or evaluation outcomes to a 3rd celebration, as a second-degree felony. The invoice applies solely to the use, retention, upkeep, and disclosure of a DNA pattern collected from an individual in Florida after the invoice is efficient and doesn’t apply to a DNA pattern, evaluation, or evaluation outcomes when used for specified functions, akin to prison investigation, figuring out paternity, complying with a court docket order, conducting specified analysis, or different well being care functions. Topic to approval by the Governor, the invoice takes impact October 1, 2021.

SB 72 Civil Legal responsibility for Damages Regarding COVID-19

SB 72, a mix of SB 72 and SB 74, supplies heightened legal responsibility protections towards COVID-19-related claims as a result of risk of unknown and doubtlessly unbounded legal responsibility claims that will come up from the pandemic. The invoice contains protections for any civil legal responsibility declare towards an individual, a pure particular person, enterprise entity, together with sure charitable organizations and nonprofits, a public or personal instructional establishment, a governmental entity, or a non secular establishment. The invoice additionally creates protections for well being care entities, however may be very particular in its definition of what a well being care supplier is and which of them are protected towards liabilities. The legal responsibility protections for well being care suppliers within the invoice are important, however the protections aren’t as sturdy as these for different individuals, companies, and people. The invoice took impact upon changing into a regulation March 29, 2021.


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