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TJD:kjf&cjs
2021 - 2022 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
January 12, 2021 - Offered by Senators LeMahieu and Testin.
AB1-SSA1-SA1,1,11 At the locations indicated, amend the substitute amendment as follows:
AB1-SSA1-SA1,1,2 21. Page 13, line 23: after that line insert:
AB1-SSA1-SA1,1,3 3 Section 5r. 49.45 (3) (e) 9m. of the statutes is created to read:
AB1-SSA1-SA1,1,54 49.45 (3) (e) 9m. a. In this subdivision, “hospital-associated service” has the
5meaning given in s. 50.33 (2d).
AB1-SSA1-SA1,1,106 b. Before January 1, 2022, any hospital-associated service that is provided by
7a hospital in accordance with s. 50.36 (5m) that is of the type for which payment could
8be claimed as an inpatient hospital service under the federal Medicare program, 42
9USC 1395
et seq., shall be included as part of and reimbursed or paid as an inpatient
10service under this section.”.
AB1-SSA1-SA1,1,11 112. Page 15, line 19: after that line insert:
AB1-SSA1-SA1,1,12 12 Section 7d. 50.33 (2d) of the statutes is created to read:
AB1-SSA1-SA1,2,2
150.33 (2d) “Hospital-associated service” means a health care service that
2meets all of the following conditions:
AB1-SSA1-SA1,2,43 (a) The service is of the same type as those furnished by a hospital in an
4inpatient or outpatient facility.
AB1-SSA1-SA1,2,65 (b) The service is of a type for which a payment could be claimed as a hospital
6service under the federal Medicare program, 42 USC 1395 et seq.
AB1-SSA1-SA1,2,87 (c) The service is provided at a location other than in a facility approved by the
8department under s. 50.35.
AB1-SSA1-SA1,2,99 (d) The service is provided in a home setting before January 1, 2022.
AB1-SSA1-SA1,7g 10Section 7g. 50.36 (5m) of the statutes is created to read:
AB1-SSA1-SA1,2,1611 50.36 (5m) If the federal centers for medicare and medicaid services has
12approved a hospital to provide any hospital-associated service, the department may
13apply to and enforce upon the hospital as the state standard for the
14hospital-associated service any rule or standard that is required by the centers for
15medicare and medicaid services for the service. This subsection does not apply on
16or after January 1, 2022.
AB1-SSA1-SA1,7j 17Section 7j. 50.49 (6m) (d) of the statutes is created to read:
AB1-SSA1-SA1,2,1918 50.49 (6m) (d) A hospital that is providing hospital-associated services in
19accordance with s. 50.36 (5m).”.
AB1-SSA1-SA1,2,21 203. Page 33, line 12: delete the material beginning with “Noncompliance" and
21ending with “section." on line 15.
AB1-SSA1-SA1,2,23 224. Page 33, line 23: delete the material beginning with that line and ending
23on page 34, line 7, and substitute:
AB1-SSA1-SA1,3,4
1“895.4801 (2) (a) 2. During the period beginning on July 10, 2020, and ending
2on January 1, 2022, the action or omission is committed while the professional,
3provider, employee, agent, or contractor is providing services related to the
4SARS-CoV-2 coronavirus or COVID-19.
AB1-SSA1-SA1,43p 5Section 43p. 895.4801 (2) (b) (intro.) of the statutes is amended to read:
AB1-SSA1-SA1,3,86 895.4801 (2) (b) (intro.) The actions or omissions relate to health services
7provided or not provided in good faith or are
act or omission is substantially
8consistent with any of the following:
AB1-SSA1-SA1,43s 9Section 43s. 895.4801 (2) (b) 1. of the statutes is amended to read:
AB1-SSA1-SA1,3,1310 895.4801 (2) (b) 1. Any direction, guidance, recommendation, or other
11statement made by a federal, state, or local official to address or in response to the
12emergency or disaster declared as described under par. (a)
the SARS-CoV-2
13coronavirus or COVID-19
.”.
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