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Legislative Update

BY LOIS THOMSON before treating them with anesthesia, or In addition, the OMNIBUS where one entity employs or enters into
dispensing or prescribing a schedule II- Healthcare Bill, which also goes into contracts with all physicians who prac-
The following is a summary of the controlled substance; inform them of effect July 1, 2019, has highlights that tice a particular specialty in one county.
regulatory bills that have been passed so alternative treatment methods; and include: The restrictive covenant would contin-
far this year by the Florida Legislature, record the suggested alternatives in the The Ambulatory Surgical Centers 24 ue to be void and unenforceable until
and that are of particular interest to hos- patient's record. Hours bill permits 24-hour patient stays three years following the date on which
pitals. All bills become effective July 1, Carrying of Firearms by Tactical for adults beginning July 1, 2019, and a second entity that employs or con-
2019, with one exception, which is Medical Professionals. The bill directs AHCA to adopt rules for ambu- tracts with the particularly specialty
noted: describes "tactical medical profession- latory surgical care to children kept past starts serving patients in that county.
The Canadian Prescription Drug als" as physicians or paramedics who midnight. Once those rules are in place, (The language of the bill needs to be
Importation Program charges the AHCA have been appointed to provide services the law will then allow 24-hour ACS clarified as it is not clear if the three-
to engage with vendors to develop a to a tactical law enforcement unit, and stays for children. year period commences when the sec-
Wholesale Prescription Drug allows them to carry a firearm in like The New Hospital Patient ond entity begins to offer services, or
Importation List, as well as to identify manner as an officer, while actively sup- Notice/Information Requirements when it actually sees its first patient.)
Canadian suppliers that comply with porting a law enforcement operation. include several directives, among them: • Unannounced Site Visits by
both the federal Drug Quality and Additionally, it provides the same crim- • New Hospital Quality Patient Pediatric Cardiac Technical Advisory
Security Act, and Canadian federal and inal and civil immunity as a law Information Requirement, obliging hos- Panel has its authority and duties
provincial laws and regulations. enforcement officer would receive to pitals to provide specific data to all revised. The AHCA would be author-
The Certificate of Need bill repeals those acting within their sanctioned patients or their representatives, upon ized to ask panel members to conduct
CON and revises certain requirements range of duties. scheduling nonemergency care, either announced or unannounced site visits
for hospital licensure. Office Surgery Centers, which have within 24 hours of stabilization or at to any existing pediatric cardiac facility,
The Telehealth bill permits out-of- been refined into three categories, are discharge, whichever is first. The report or a facility seeking such a license, as a
state telehealth providers to register in banned from performing procedures is to comprise the most recent year's way to safeguard regulatory compli-
Florida, but only to perform services that require deep sedation with general hospital and statewide average for hos- ance.
within the range of their practice. They anesthesia, or spinal, regional, or pital-acquired infections; the overall Likewise, New Physician and
may also make evaluations via tele- epidural anesthesia. rating of the Hospital Consumer Practitioner Regulations include two
health, and may prescribe controlled Electronic Prescribing requires health Assessment of Healthcare Providers components:
substances in certain settings and for care practitioners who prescribe medic- Survey; and the 15-day readmission • Direct Health Care (Primary Care)
certain disorders. Additionally, new lan- inal drugs to do so upon licensure rate. Agreements Expansion – direct care
guage in the state's health insurance and renewal, or by July 1, 2021, whichever • New Hospital Primary Care agreements are expanded to include not
MCO laws declares that reimbursement is earlier. In addition, the bill defines Physician Notice Requirement, insisting only physicians, but also practitioners
contracts are voluntary between specific conditions when a written pre- that hospitals notify a patient's primary (within the limits of their competency
providers and insurers, with both sides scription is permitted, such as a short- care physician or specialist with 24 and training), chiropractors, advanced
agreeing to acceptable rates or methods lived technological or electrical failure hours of the patient's admission and practice nurses, physician assistants,
of payment for services. that the prescribing practitioner cannot discharge, to permit the PCP or special- dentists, and primary care practice
Nonemergency Transportation reasonably control, and when such fail- ist to have a hand in developing the groups.
Services for Medicaid Enrollees author- ure is documented in the patient record. patient's plan of care. Hospitals would • Drug Step-Therapy Protocols pro-
izes those receiving Medicaid to be pro- This bill goes into effect January 1, be required to provide a copy of the dis- hibit insurers, HMOs, and Medicaid
vided nonemergency transportation 2020. charge summary with seven days. managed care plans from requiring step-
services by certain transportation net- The Stroke Centers Classifications & • New Hospital Patient Notice therapy protocol under the policy, con-
work companies or brokers that comply National Accreditation bill adds a new Requirement re Observation Status, tract, or plan for covered prescription
with specific requirements. class, thrombectomy-capable stroke requiring hospitals to immediately pro- drugs, if the patient has been previously
Non-opioid Directives instructs the center, to the current law-list. It vide written notice to patients when approved to receive the drug by com-
Florida Department of Health to pub- requires that hospitals be certified by a they are placed on observation status. pleting a step-therapy protocol. The bill
lish an educational pamphlet on its nationally recognized accrediting New Hospital Regulations include specifies that a health insurer is not
website that focuses on using non-opi- organization, and eliminates the two components: required to add a drug to its prescrip-
oid options for treating pain. The bill authentication-by-affidavit process to • Non-Complete Clauses that void tion drug formulary, or to cover one that
also requires health care practitioners verify that a hospital meets the proper such clauses or restricted covenants, would not otherwise be covered.
to: present the pamphlet to patients requirements. and consider them to be unenforceable

E-mail Your Calendar Listings to

editorial@southfloridahospitalnews.com
DATEBOOK
DATEBOOK

June 8
FAU Open House
Plan to attend the Florida Atlantic University EMHA and MBA Open House on
June 8 at 10 am at the Davie Campus.
June 29
June 12-13 DCMA Presidential Inauguration and Banquet
SFHHA Annual Healthcare Summit The Dade County Medical Association 2019 Presidential Inauguration and
South Florida Hospital & Healthcare Association’s 13th Annual Healthcare Annual Banquet will be held Saturday, June 29 at Douglas Entrance, 800 Douglas
Summit: Innovations & Market Disruptors will be held June 12-13 at Signature Rd, Miami. More information at www.miamimed.com.
Grand, Davie. Register online at sfhha.com.
August 2-4
June 27 USA CBD Expo
South Florida Healthcare Networking Group Meeting The USA CBD Expo, which is open to farmers and growers, eCommerce stores,
You are invited to the monthly meeting of the South Florida Healthcare wholesale distributors, vape and smoke shops, CBD retailers and manufacturers
Networking Group (SFHNG) hosted by North Shore Medical Center on and more, will be held in the Miami Beach Convention Center from August 2 - 4.
Thursday, June 27 from 7:45 to 10 a.m. Download the reservation form at For more information, visit www.usacbdexpo.com.
www.southfloridahospitalnews.com or call (561) 368-6950.

South Florida Hospital News southfloridahospitalnews.com June 2019 15