Florida Senate - 2020 CS for SB 880 By Senatorthe BaxleyCommittee 12-01059-20on 2020880__Banking Aand billInsurance; to be entitled An act relating to the nurse registry;

and Senator Baxley 597-02276-20 2020880c1 A bill to be entitled An act relating to the nurse registry;

revisingauthorizing the definitionuse of thelicensed termnurse “attendantregistries care”for tothe includeplacement servicesof providedattendant bycare aprovided licensedfor nurseworkers’ registry;compensation purposes;

reenacting s.

440.134(16), F.S., relating to workers’ compensation managed care arrangements, to incorporate the amendment made to s.

440.13, F.S., in a reference thereto;

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

913 Section 1. Paragraph (b) of subsection (1)(2) of section 440.13, Florida Statutes, is amended to read:

limitations.— (1) DEFINITIONS.—As(2) MEDICAL usedTREATMENT; in this section, the term:

(b) “AttendantDUTY care”OF meansEMPLOYER careTO renderedFURNISH.— by(b)1. The trainedemployer professionalshall attendantsprovide whichappropriate isprofessional beyondor thenonprofessional scopeattendant ofcare householdperformed duties,only includingat servicesthe provideddirection byand control of a nursephysician registrywhen licensedsuch pursuantcare tois s.medically necessary.

400.506.The physician shall prescribe such care in writing.

FamilyThe membersemployer mayor providecarrier nonprofessionalshall attendantnot care,be butresponsible mayfor notsuch becare compensateduntil underthe thisprescription chapter for attendant care thatis fallsreceived withinby the scopeemployer ofand householdcarrier, dutieswhich andshall otherspecify servicesthe normallytime periods for such care, the level of care required, and gratuitouslythe providedtype byof familyassistance members.required.

“FamilyA member”prescription meansfor aattendant spouse,care father,shall mother,not brother,prescribe sister,such child,care grandchild,retroactively. father-in-law, mother-in law, aunt, or uncle.

SectionThe 2. Thisvalue actof shallnonprofessional takeattendant effectcare Julyprovided 1,by 2020.a family member must be determined as follows:

a.1. If the family member is not employed or if the family member is employed and is providing attendant care services during hours that he or she is not engaged in employment, the per-hour value equals the federal minimum hourly wage.

b.2. If the family member is employed and elects to leave that employment to provide attendant or custodial care, the per hour value of that care equals the per-hour value of the family member’s former employment, not to exceed the per-hour value of such care available in the community at large.

A family member or a combination of family members providing nonprofessional attendant care under this paragraph may not be compensated for more than a total of 12 hours per day.

c.3. If the family member remains employed while providing attendant or custodial care, the per-hour value of that care equals the per-hour value of the family member’s employment, not to exceed the per-hour value of such care available in the community at large.

2. The employer or carrier may use a nurse registry pursuant to s.

400.506 for the placement of authorized compensable attendant care services.

51 Failure of the carrier to timely comply with this subsection shall be a violation of this chapter and the carrier shall be subject to penalties as provided for in s.

440.525.

Section 2. For the purpose of incorporating the amendment made by this act to section 440.13(2)(b), Florida Statutes, in a reference thereto, subsection (16) of section 440.134, Florida Statutes, is reenacted to read:

440.134 Workers’ compensation managed care arrangement.— (16) When a carrier enters into a managed care arrangement pursuant to this section the employees who are covered by the provisions of such arrangement shall be deemed to have received all the benefits to which they are entitled pursuant to s.

440.13(2)(a) and (b).

In addition, the employer shall be deemed to have complied completely with the requirements of such provisions.

The provisions governing managed care arrangements shall govern exclusively unless specifically stated otherwise in this section.

Section 3. This act shall take effect July 1, 2020.