| 9 | 9 | | Page 1 of 3 |
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| 10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 11 | 11 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to payments for health care providers 2 |
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| 16 | 16 | | and surgical procedures under workers' compensation; 3 |
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| 17 | 17 | | amending s. 440.13, F.S.; increasing the maximum 4 |
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| 18 | 18 | | amounts of certain witness fees related to workers' 5 |
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| 19 | 19 | | compensation cases; increasing the maximum 6 |
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| 20 | 20 | | reimbursements for physicians and surgical procedures 7 |
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| 21 | 21 | | under workers' compensation; providing an effective 8 |
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| 22 | 22 | | date. 9 |
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| 23 | 23 | | 10 |
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| 24 | 24 | | Be It Enacted by the Legislature of the Stat e of Florida: 11 |
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| 25 | 25 | | 12 |
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| 26 | 26 | | Section 1. Subsection (10) and paragraphs (f) and (g) of 13 |
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| 27 | 27 | | subsection (12) of section 440.13, Florida Statutes, are amended 14 |
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| 28 | 28 | | to read: 15 |
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| 29 | 29 | | 440.13 Medical services and supplies; penalty for 16 |
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| 30 | 30 | | violations; limitations. — 17 |
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| 31 | 31 | | (10) WITNESS FEES.—Any health care provider who gives a 18 |
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| 32 | 32 | | deposition shall be allowed a witness fee. The amount charged by 19 |
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| 33 | 33 | | the witness may not exceed $300 $200 per hour. An expert witness 20 |
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| 34 | 34 | | who has never provided direct professional services to a party 21 |
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| 35 | 35 | | but has merely reviewed medical r ecords and provided an expert 22 |
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| 36 | 36 | | opinion or has provided only direct professional services that 23 |
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| 37 | 37 | | were unrelated to the workers' compensation case may not be 24 |
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| 38 | 38 | | allowed a witness fee in excess of $300 $200 per day. 25 |
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| 46 | 46 | | Page 2 of 3 |
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| 47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | (12) CREATION OF THREE -MEMBER PANEL; GUIDES OF MAXIMUM 26 |
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| 52 | 52 | | REIMBURSEMENT ALLOWANCES. — 27 |
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| 53 | 53 | | (f) Maximum reimbursement for a physician licensed under 28 |
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| 54 | 54 | | chapter 458 or chapter 459 shall be 150 110 percent of the 29 |
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| 55 | 55 | | reimbursement allowed by Medicare, using appropriate codes and 30 |
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| 56 | 56 | | modifiers or the medical reimbursement l evel adopted by the 31 |
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| 57 | 57 | | three-member panel as of January 1, 2003, whichever is greater. 32 |
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| 58 | 58 | | (g) Maximum reimbursement for surgical procedures shall be 33 |
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| 59 | 59 | | 150 140 percent of the reimbursement allowed by Medicare or the 34 |
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| 60 | 60 | | medical reimbursement level adopted by the thre e-member panel as 35 |
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| 61 | 61 | | of January 1, 2003, whichever is greater. 36 |
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| 62 | 62 | | 37 |
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| 63 | 63 | | The department, as requested, shall provide data to the panel, 38 |
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| 64 | 64 | | including, but not limited to, utilization trends in the 39 |
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| 65 | 65 | | workers' compensation health care delivery system. The 40 |
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| 66 | 66 | | department shall pro vide the panel with an annual report 41 |
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| 67 | 67 | | regarding the resolution of medical reimbursement disputes and 42 |
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| 68 | 68 | | any actions pursuant to subsection (8). The department shall 43 |
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| 69 | 69 | | provide administrative support and service to the panel to the 44 |
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| 70 | 70 | | extent requested by the panel. F or prescription medication 45 |
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| 71 | 71 | | purchased under the requirements of this subsection, a 46 |
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| 72 | 72 | | dispensing practitioner shall not possess such medication unless 47 |
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| 73 | 73 | | payment has been made by the practitioner, the practitioner's 48 |
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| 74 | 74 | | professional practice, or the practitioner's pr actice management 49 |
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| 75 | 75 | | company or employer to the supplying manufacturer, wholesaler, 50 |
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