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The legislature continues moving a robust healthcare agenda as it nears the halfway point of the 2024 legislative Session, just under two weeks away. Legislation relating to medical negligence claims, international drug reference pricing, insurance, and the regulation of healthcare professions advanced in committee this week.  

Although the Senate “Live Healthy” plan (SB 7016 & SB 7018) passed the Senate last week, the House has taken no action on the legislation as of January 12. HB 1549, the House companion measure, passed the House Select Committee on Health Innovation last week, but the language differs significantly from the Senate bills. Its next committee stop is the House Health Care Appropriations Committee. We will keep you posted as legislative events unfold concerning the Live Healthy initiative. 

U.S. Representative 

John Rutherford & 

Stephen R. Winn, ED

Medical Negligence - Legislators Approve Caps

SB 0248 Medical Negligence by Yarborough

The Senate Judiciary Committee amended and passed CS/SB 248 regarding medical negligence.  SB 248 repeals exceptions in the Florida Wrongful Death Act, prohibiting certain parents and children of a deceased patient who dies due to medical negligence from recovering noneconomic damages. Senator Yarborough amended the legislation to mitigate potential increases in malpractice insurance, establishing caps limiting recoverable noneconomic damages that apply to ALL ACTIONS for medical negligence. In its current form, the limits applicable to negligence by a practitioner are:

• $500,000 per claimant; but limited to $150,000 if the care was related to emergency services and the claimant and practitioner had no existing patient-practitioner relationship, or limited to $300,000 per claimant if services were provided to a Medicaid recipient and not provided in a wrongful manner.

• Non-practitioner Limits - $750,000 per claimant; but are limited to $300,000 per claimant if the non-practitioner is a hospital or ambulatory surgical center, services were provided to a Medicaid recipient, and the services were not provided in a wrongful manner.

Insurance Claim Dispute Resolution

HB 0659 Health Plans by Abbott

The House Select Committee on Health Innovation unanimously passed HB 659 regarding health plans. HB 659 stipulates that health insurance companies must participate in the Statewide Provider and Health Plan Claim Dispute Resolution Program managed by the Agency for Health Care Administration (AHCA). If the health plan fails to pay an order under the Program timely, they are subject to a penalty of up to $500 and reporting to their licensing authority.

The bill also creates new requirements for standardized identification cards for insureds that clearly identify whether or not the plan is subject to state regulation and provide the insured with quick access information to the consumer services website of the Department of Financial Services’ Division of Consumer Services website.

Workers' Comp Rate Increase

HB 0161 Payments for Health Care Providers and Surgical Procedures under Workers' Compensation by Daley

The House Insurance & Banking Subcommittee unanimously passed HB 161 regarding reimbursement under workers' compensation. HB 161 increases physician reimbursement rates and raises the maximum hourly rate for expert witnesses in workers' compensation cases. 

The Senate identical companion, SB 362, unanimously passed the Senate Health Policy Committee on January 23. 

Healthcare Licensing

SB 1600 Interstate Mobility by Collins

The Senate Health Policy Committee unanimously passed SB 1600 relating to interstate mobility. SB 1600 creates s. 456.0145, F.S., which requires the Department of Health (DOH) to issue a license or certificate by endorsement within 15 days of receipt of all required documents. All 59 regulated healthcare professional boards or the DOH must provide licensure by endorsement as outlined in the bill.  

Naturopathic Medicine Bill Passes 1st Committee

HB 0843 Naturopathic Medicine by Smith

The House Healthcare Regulation Subcommittee passed HB 843 relating to Naturopathic Medicine by a vote of 12 to 4. HB 843 reinstates licensure and regulation of naturopathic physicians and establishes new standards for practice. The bill provides licensure authority over naturopathic physicians to the Department of Health (DOH), creating the Board of Naturopathic Medicine to regulate naturopathic physicians.

For more information on legislation of interest adopted in committee, please see the FOMA Bill Tacking Report Below.

FOMA Bill Tracking Report

Legislative Research

For more information, please CLICK HERE to visit the FOMA’s webpage, which contains a comprehensive list of bills for the 2024 Legislative Session. Click on the bill number to see all pertinent information concerning the bill. This list is updated in real-time as we become aware of and input new legislation in our tracking system.  

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