SENATE Spotlight SB 794 - Mandatory Human Reviews of Insurance Claim Denials Senator Jennifer Bradley, R Fleming Island CS/SB 794 prohibits an insurer from relying on the decisions provided by an algorithm, an artificial intelligence (AI) system, or a machine learning system as the sole basis for an insurer to deny a claim. The bill specifies that an insurer’s decision to deny a claim or any portion of a claim must be made by a “qualified human professional (QHP)." READ MORE FAVORABLE by Banking & Insurance - 2 remaining committee stops _____________________________________ SB 1568 - Mandatory Electronic Prescribing Senator Jason Brodeur, R Lake Mary Mandates electronic prescribing, removing exceptions in current Florida law. The following exceptions are removed, impacting both a patient's ability to price shop and/or have a written prescription for off-hour pharmacy access. Specifically these exceptions in current would be removed under the bill: The practitioner determines that the use of e-prescribing would delay a patient’s access to a drug thus adversely impacting the patient’s medical condition; - The practitioner determines that it is in the best interest of the patient, or the patient determines that it is in his or her own best interest, to compare prescription drug prices among area pharmacies. The practitioner must document such determination in the patient’s medical record.
- Though a vast majority of prescriptions are appropriate for e-prescribing, physicians need discretion in scenarios when doing so would delay access to the medication or remove the patients ability to find the best price.
READ MORE FAVORABLE by Health Policy - 2 remaining committee stops HB 1297 up in last committee stop on Monday, March 31 _____________________________________ SB 172 - Health Care Practitioner Specialty Titles and Designations Senator Colleen Burton, R Lakeland CS/SB 172 amends existing legislative intent under s. 456.003, F.S., relating to the regulation of health care professions and finds that the health, safety, and welfare of the public may be harmed or endangered by unlicensed practice or misleading representations by health care practitioners. The bill amends ss. 458.3312 and 459.0152, F.S., to specify that only physicians who are board certified may use a defined list of medical specialist titles and designations—such as “cardiologist,” “dermatologist,” or “orthopedic surgeon”— and authorizes the Board of Medicine (BOM) and the Board of Osteopathic Medicine (BOOM), respectively, to add other titles by rule. *Note: family physicians and emergency physicians (the two board certifications that include the term physician) are not included in the listing of board certified physicians due to the controversy over who can use the term "physician." READ MORE FAVORABLE by Health Policy - 1 remaining committee stops _____________________________________ SB 1842 - Out-of-network Providers Senator Colleen Burton, R Lakeland Addresses the responsibilities of health care practitioners when referring patients to other providers for nonemergency services. - Requires practitioners or their employees to confirm if the referral provider is in the patient’s insurer network at the point of service.
- Exempts practitioners from this requirement if the patient declines confirmation or refuses to share necessary insurance information.
- Mandates that practitioners notify patients in writing about potential extra costs when referred to out-of-network providers or for uncovered services, with this notice to be documented in the patient’s medical record.
- Subjects practitioners to disciplinary action for noncompliance without good cause.
READ MORE FAVORABLE by Health Policy - 2 remaining committee stops HB 1101 in last committee stop on Monday, March 31 _____________________________________ SB 152 - Protection from Surgical Smoke Senator Tracie Davis, D Jacksonville SB 152 requires hospitals and ambulatory surgical centers to, by January 1, 2026, adopt and implement policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke The bill defines: - Smoke evacuation system: equipment that effectively captures, filters, and eliminates surgical smoke at the site of origin before the smoke makes contact with the eyes or respiratory tract of occupants in the room; and
- Surgical smoke: the gaseous byproduct produced by energy-generating devices such as lasers and electrosurgical devices. The term includes, but is not limited to, surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and lung damaging dust.
READ MORE FAVORABLE by HHS Appropriations - 1 remaining committee stop _____________________________________ SB 734 - Actions for Recovery of Damages for Wrongful Death Senator Clay Yarborough, R Jacksonville Amends provisions related to the recovery of damages in wrongful death cases in Florida. Deletes restrictions preventing adult children and parents of adult children from recovering specific damages in cases of medical negligence. READ MORE A late filed amendment FAILED but would have specified that complaints, investigative reports, settlements, final orders, findings from disciplinary proceedings, and prior adverse medical incident reports concerning a health care provider or facility would be discoverable and admissible as evidence in legal actions. The FAILED amendment would have also permitted the disclosure of the existence of insurance coverage to the jury. FAVORABLE by Rules - no remaining committee stops House companion, HB 6017 PASSED House (104-6) _____________________________________ SB 1346 - Fentanyl Testing Senator Tina Polsky, D Boca Raton CS/SB 1346 creates s. 395.1042, F.S., entitled “Gage’s Law” to require a hospital emergency department to test a patient for fentanyl if the patient is receiving emergency services and care for a possible drug overdose or poisoning and the hospital conducts a urine test to assist in diagnosing the individual. The bill specifies that if the urine test comes back positive for fentanyl, the hospital must perform a confirmation test as defined in s. 440.102(1), F.S., and maintain the results of the urine test and the screenings as part of the patient’s clinical record. READ MORE FAVORABLE by Health Policy - 2 remaining committee stops _____________________________________ SB 1606 - Patient Access to Records Senator Erin Grall, R Fort Pierce Under current Florida law, hospitals, ambulatory surgical centers, and health care practitioners are required to provide requested patient health records to patients, residents, and their legal representatives in a “timely” manner. In the absence of a specific statutory deadline, the federal Health Insurance Portability and Accountability Act (HIPAA) standard of 30 calendar days applies. For electronic health information, the federal Information Blocking Rule also generally applies, requiring access without unreasonable delay. SB 1606 standardizes the timeframe for responding to patient records requests for patients, residents, and their legal representatives. The bill amends various sections of the Florida Statutes to require health care providers and practitioners to furnish requested records within 14 working days of a request. Providers and practitioners who maintain electronic health record systems must deliver the records in the format chosen by the requester. In addition, the bill requires providers and practitioners to allow access for the inspection of original records, or suitable reproductions such as microforms, within 10 working days of receiving a request. Providers may impose reasonable conditions to protect the integrity of the records. READ MORE Retained in Health Policy - 2 remaining committee stops HB 1083 to be heard in its last committee stop on Monday, March 31 | 
Florida Women in Nephrology Chair
FSN President
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