Florida 2024 2024 Regular Session

Florida House Bill H1023 Analysis / Analysis

Filed 07/03/2024

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1023z1.LFS.DOCX 
DATE: 7/2/2024 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: HB 1023    St. Lucie County 
SPONSOR(S): Trabulsy and others 
TIED BILLS:    IDEN./SIM. BILLS:   
 
 
 
 
FINAL HOUSE FLOOR ACTION: 114 Y’s 
 
0 N’s GOVERNOR’S ACTION: Approved 
 
 
SUMMARY ANALYSIS 
HB 1023 passed the House on February 22, 2024, and subsequently passed the Senate on March 7, 2024. 
 
Medicare is the federal health insurance program for persons 65 or older, certain younger people with 
disabilities, and people with end-stage renal disease. The Centers for Medicare & Medicaid Services (CMS) 
develops a fee schedule in order to reimburse health care providers who accept payment via Medicare. 
Relative value units (RVUs) are used to calculate physician reimbursements. The 2024 Medicare 
reimbursement rate is $32.74 per RVU. 
 
The St. Lucie County Sheriff’s Office manages the St. Lucie County jail. The Detention Administration Division 
within the sheriff’s office is responsible for inmate health care. 
 
The bill limits the compensation of health care providers who provide medical services for inmates housed in a 
St. Lucie County detention center to 110 percent of the Medicare reimbursement rate if that provider does not 
have a contract with St. Lucie County to provide inmate medical services. The bill provides that such 
compensation may not exceed 125 percent of the Medicare reimbursement rate if the hospital has reported a 
negative operating margin for the previous year to the Agency for Health Care Administration through hospital-
audited financial data. 
 
The bill also provides that compensation to an entity to provide emergency medical transportation services for 
an inmate housed in a St. Lucie County detention center may not to exceed 110 percent of the Medicare 
reimbursement rate if the entity does not have a contract with St. Lucie County to provide emergency medical 
services. 
 
The Economic Impact Statement states that the bill is not expected to have a fiscal impact. However, the bill 
may have a fiscal impact for health care providers who have not contracted with St. Lucie County to provide 
inmate medical services. 
 
The bill was approved by the Governor on May 16, 2024, ch. 2024-289, L.O.F., and became effective on that 
date. 
    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Present Situation 
 
Medicare Fee Schedule 
 
Medicare is the federal health insurance program for persons 65 or older, certain younger people with 
disabilities, and people with end-stage renal disease.
1
 Payments by Medicare to doctors and other 
healthcare providers are made subject to a fee schedule developed by the Centers for Medicare & 
Medicaid Services (CMS).
2
 The fee schedule is a complete listing of fees, including the fee maximums, 
that are used to reimburse a physician or other providers on a fee-for-service basis.  
 
The Physician Fee Schedule (PFS) is the primary method of payment for health care providers enrolled 
in Medicare. Medicare uses the PFS when paying professional services of physicians and other health 
care providers in private practice, services covered incident to physicians’ services (other than certain 
drugs covered as incident to services), diagnostic tests (other than clinical laboratory tests), and 
radiology services.
3
 Relative value units (RVUs) are used to calculate physician reimbursements. RVUs 
combine components related to the physician’s work, the practice’s expenses, and, when desired, 
liability protection.
4
 The Medicare reimbursement rate for 2024 is $32.74 per RVU, a roughly 3.4 
percent reduction from 2023 ($33.89).
5
 
 
St. Lucie County Sheriff’s Office 
 
The St. Lucie County Sheriff’s Office manages the St. Lucie County jail.
6
 The Detention Administration 
Division within the Sheriff’s Office is responsible for inmate health care.
7
 For the 2023-2024 Fiscal 
Year, the Sheriff’s Office had a total budget of $103,122,949.
8
 Of this total, $11,574,864 was used for 
expenses related to inmate medical costs, training, and the administration of federal, state, and local 
grants.
9
 The county commission made an operational investment of $1,360,000 for inmate medical care 
and expenses for jail medical equipment in this year’s budget, including $1,000,000 for an inmate 
medical facility.
10
 
 
                                                
1
 Medicare.gov, What’s Medicare?, https://www.medicare.gov/what-medicare-covers/your-medicare-coverage-choices/whats-medicare 
(last visited Jan. 26, 2024). 
2
 Centers for Medicare & Medicaid Services, Fee Schedules – General Information, https://www.cms.gov/medicare/payment/fee-
schedules (last visited Jan. 26, 2024). 
3
 Centers for Medicare & Medicaid Services, Physician Fee Schedule, https://www.cms.gov/medicare/payment/fee-schedules/physician 
(last visited Jan. 26, 2024). 
4
 AMA CPT International, Relative Value Units, https://cpt-international.ama-assn.org/relative-value-units (last visited Jan. 26, 2024). 
5
 American Academy of Family Physicians, 2024 Medicare physician fee schedule reduces conversion factor, but has positives for 
primary care, https://www.aafp.org/pubs/fpm/blogs/gettingpaid/entry/2024-medicare-fee-schedule.html (last visited Jan. 26, 2024). 
6
 St. Lucie County Sheriff’s Office, Dept. of Detention, Department of Detention, https://www.stluciesheriff.com/238/Department-of-
Detention (last visited Jan. 26, 2024). 
7
 St. Lucie County Sheriff’s Office, Dept. of Detention, Detention Administration Division, https://www.stluciesheriff.com/256/Detention-
Administration-Division (last visited Jan. 26, 2024). 
8
 St. Lucie County, 2024 Final Budget 37, available at 
https://www.stlucieco.gov/home/showdocument?id=9113&t=638385048882649770 (last visited Jan. 26, 2024). 
9
 Id. at 282. 
10
 Id. at xvi and 314.   
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Effect of the Bill 
 
The bill limits the compensation of health care providers
11
 who provide medical services for inmates 
housed in a St. Lucie County detention center to 110 percent of the Medicare reimbursement rate if that 
provider does not have a contract with St. Lucie County to provide inmate medical services. 
 
The bill provides that health care providers may not be compensated at a rate exceeding 125 percent of 
the Medicare reimbursement rate if the health care provider does not have a contract with St. Lucie 
County to provide inmate medical services and has reported a negative operating margin for the 
previous year to the Agency for Health Care Administration through hospital-audited financial data. 
 
The bill provides that compensation to an entity to provide emergency medical transportation services
12
 
for an inmate housed in a St. Lucie County detention center may not to exceed 110 percent of the 
Medicare reimbursement rate if the entity does not have a contract with St. Lucie County to provide 
emergency medical services. 
 
The Economic Impact Statement states that the bill is not expected to have a fiscal impact. However, 
the bill may have a negative fiscal impact for health care providers who have not contracted with St. 
Lucie County to provide inmate medical services. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
None. 
 
                                                
11
 The bill defines “health care provider” to mean a hospital licensed under ch. 395, F.S.; a physician or physician assistant licensed 
under ch. 458, F.S.; an osteopathic physician or physician assistant licensed under ch. 459, F.S.; a podiatric physician licensed under 
ch. 461, F.S.; a health maintenance organization certificated under part I of ch. 641, F.S.; an ambulatory surgical center licensed under 
ch. 395, F.S.; an other medical facility; and a professional association, partnership, corporation, joint venture, or other association 
composed of certain persons for professional activity. The bill defines “other medical facility” to mean a facility the primary purpose of 
which is to provide human medical diagnostic services or a facility providing nonsurgical human medical treatment, to which facility the 
patient is admitted and from which facility the patient is discharged within the same working day, and which facility is not part of a 
hospital. However, a facility existing for the primary purpose of performing terminations of pregnancy or an office maintained by a 
physician or dentist for the practice of medicine may not be construed to be an "other medical facility." 
12
 The bill defines “emergency medical transportation services” to include, but is not limited to, services rendered by means of an 
ambulance, emergency medical services vehicle, or air ambulance. The bill defines “air ambulance” to mean a fixed-wing or rotary-wing 
aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention 
during transport. It also defines “ambulance” or “emergency medical services vehicle” to mean a privately or publicly owned vehicle or 
vessel that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, 
land or water transportation of sick or injured persons requiring or likely to require medical attention during transport. 
   
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2. Expenditures: 
 
None. 
 
C.  ECONOMIC IMPACT STATEMENT FILED?     Yes [X]     No [] 
 
D.  NOTICE PUBLISHED?     Yes [X]     No [] 
 
      IF YES, WHEN? November 12, 2023. 
 
      WHERE?  The Indian River Press Journal, a newspaper of general circulation in St. Lucie  
  County, Florida. 
 
E.  REFERENDUM(S) REQUIRED?     Yes []     No [X] 
 
      IF YES, WHEN?