SB 1862 — Physician Fee Sharing Task Force

Florida Senate - 2018 CS for SB 1862 By Senatorthe BroxsonCommittee 1-00805A-18on 20181862__Rules; A bill to be entitled An act relating to physician fee sharing;

amendingand ss.Senator Broxson 595-03995-18 20181862c1 A bill to be entitled An act relating to the Physician Fee Sharing Task Force;

458.331creating ands. 459.015, F.S.;

revising456.0541, anF.S.; exemption relating to grounds for disciplinary action by the Boards of Medicine and Osteopathic Medicine and the Department of Health to authorize specified forms of payment to a physician or osteopathic physician, respectively;

establishing the Physician Fee Sharing Task Force within the Department of Health;

providing for duties, membership, and meetings of the task force;

requiring a report to the Governor and Legislature by a specified date;

providing for expiration of the task force;

1011 Be It Enacted by the Legislature of the State of Florida:

1213 Section 1. Paragraph1. Section (i)456.0541, of subsection (1) of section 458.331, Florida Statutes,Statutes is amendedcreated to read:

458.331 Grounds456.0541 Physician forFee disciplinarySharing action;Task Force.— (1) The Physician Fee Sharing Task Force is created within the department.

actionThe bydepartment theshall boarduse existing and department.—available (1) Theresources followingto actsadminister constituteand groundssupport forthe denialactivities of athe licensetask orforce disciplinaryunder action,this assection. specified in s.

456.072(2):(2) Members of the task force shall serve without compensation and are not entitled to reimbursement for per diem or travel expenses.

(i) PayingThe ortask receivingforce anyshall commission,consist, bonus,at kickback, or rebate, or engaging in any split-fee arrangement in any form whatsoever with a physician,minimum, organization, agency, or person, either directly or indirectly, for patients referred to providers of healththe carefollowing goodsmembers: and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies.

The(a) The provisionsState ofSurgeon ThisGeneral paragraph may shall not be construed to preclude a physician from entering into an alternative payment arrangement that otherwise complies with federal and state law or tohis preclude prevent a physician from receiving one or moreher ofdesignee, thewho followingshall formsserve of payment or compensation, as long as the formschair of paymentthe ortask compensationforce. comply with federal and state law:

1. A(b) The feeSecretary forof professionalHealth consultationCare services;Administration or his or her designee.

or(c) The 2. IfAttorney theGeneral physicianor ishis an employee or independenther contractordesignee. of the entity compensating the physician, a share of:

a. Profits,(d) Two collections,members orof revenues based on the professionalLegislature servicesappointed provided by the physician,Governor. or on his or her direct supervision of the provision of such professional services, which are provided on behalf of the entity compensating the physician;

or(e) Two b. Overallmembers profit or revenue of the entitySenate compensatingappointed theby physician, provided that such share is not determined in a manner that directly takes into account the volumePresident or value of services ordered by, but not performed by, or performed under the directSenate. supervision of, the physician.

Section(f) Two 2. Paragraphmembers (j) of subsectionthe (1)House of sectionRepresentatives 459.015,appointed Floridaby Statutes,the isSpeaker amendedof tothe read:House of Representatives.

459.015 Grounds(g) Two forrepresentatives disciplinaryof action;hospitals or facilities licensed under chapter 395, who each regularly deal with health care fraud and abuse matters, particularly those relating to the federal False Claims Act, the federal Ethics in Patient Referrals Act of 1989, and anti-kickback issues, appointed by the Secretary of Health Care Administration.

action(h) One bygeneral thecounsel boardof a health insurer or his or her designee, who is familiar with health care fraud and department.—abuse (1) Thematters, followingparticularly actsthose constituterelating groundsto forthe denialfederal False Claims Act, federal Ethics in Patient Referrals Act of a1989, licenseand oranti disciplinarykickback action,issues, asappointed specifiedby inthe s.Secretary of Health Care Administration.

456.072(2):(i) Five health care practitioners, each of whom practices in a different area of medicine, appointed by the State Surgeon General.

(j) Paying(j) One orrepresentative receivingof anyan commission,organization bonus,that kickback,represents orhealth rebate,care orpractitioners engagingwho inis anyfamiliar split-feewith arrangementhealth incare anyfraud formand whatsoeverabuse withmatters, aparticularly physician,those organization,relating agency,to person,the partnership,federal firm,False corporation,Claims orAct, otherfederal businessEthics entity,in forPatient patientsReferrals referredAct to providers of health1989, care goods and services,anti-kickback including,issues, butappointed notby limitedthe to,President hospitals,of nursingthe homes,Senate. clinical laboratories, ambulatory surgical centers, or pharmacies.

The(k) One provisionsrepresentative of ThisThe paragraphFlorida mayBar, shallwhose notpractice bearea construedprimarily toinvolves precludehealth ancare osteopathicfraud physicianand fromabuse enteringmatters, intoparticularly anthose alternativerelating paymentto arrangementthe thatfederal otherwiseFalse compliesClaims withAct, federal andEthics statein lawPatient orReferrals toAct precludeof prevent1989, anand osteopathicanti physiciankickback fromissues, receivingappointed oneby or more of the followingExecutive formsDirector of paymentThe orFlorida compensation,Bar. as long as the forms of payment or compensation comply with federal and state law:

1. A(l) Two feerepresentatives forfrom professionalcompanies consultationwhose services;primary business function is the development and deployment of a certified electronic health record, appointed by the Speaker of the House of Representatives.

or(m) Two 2. Ifrepresentatives thefrom osteopathiccompanies physicianwhose isprimary anbusiness employeefunction oris independentthe contractordevelopment and deployment of thehealth entityinformation compensatingtechnology, thesuch osteopathicas physician,population health or data analytics, which is not a sharecertified of:electronic health record, appointed by the President of the Senate.

a. Profits,(n) Two collections,representatives orfrom revenuesa basedcompany onwhose theprimary professionalbusiness servicesfunction providedis by the osteopathicdevelopment physician,and ordeployment on his or her direct supervision of thesmart provisionmedical ofdevices, such professionalas services,remote whichpatient aremonitoring, providedappointed onby behalf of the entitySpeaker compensatingof the osteopathicHouse physician;of Representatives.

or(o) One b. Overallrepresentative profitfrom oran revenueinvestment ofcompany thewhose entityinvestment compensatingportfolio theis osteopathiccomprised physician,of providedat thatleast such20 sharepercent is not determined in ahealth mannerinformation thattechnology directlyinvestments, takesappointed intoby account the volumePresident or value of services ordered by, but not performed by, or performed under the directSenate. supervision of, the osteopathic physician.

Section(3) The 3. Thistask actforce shall takedevelop effectand Julyevaluate 1,policy 2018.proposals to address barriers to innovation and modernization of provider payment models created by the federal Ethics in Patient Referrals Act of 1989, the Florida Patient Self-Referral Act of 1992, federal and state anti-kickback laws, and the state patient brokering law, including policy proposals for:

(a) Implementing and maintaining alternative payment models.

(b) Increasing or extending existing safe harbor provisions to include physician practice groups.

(c) Reforming the liability standard for violations.

(4) The task force shall convene its first meeting by June 1, 2018, and shall meet as often as necessary to fulfill its responsibilities under this section.

Meetings may be conducted in person, by teleconference, or by other electronic means.

(5) The task force shall submit a report by December 1, 2018, to the Governor, the President of the Senate, and the Speaker of the House of Representatives which includes its findings, conclusions, and recommendations.

(6) This section expires January 1, 2019.

Section 2. This act shall take effect upon becoming a law.