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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 63 of 80 <br />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 <br /> <br /> <br /> <br />provider shall submit the reports required by s. 395.0197. If an 1551 <br />incident involves a professional licensed by the Department of 1552 <br />Health or a facility licensed by the Agency for Health Care 1553 <br />Administration, the governmental contractor shall submit such 1554 <br />incident reports to the appropriate department or agency, which 1555 <br />shall review each incident and determine whether it involves 1556 <br />conduct by the licensee that is subject to disciplinary action. 1557 <br />All patient medical records and any identifying information 1558 <br />contained in adverse incident reports and treatment outcomes 1559 <br />which are obtained by governmental entities under this paragraph 1560 <br />are confidential and exempt from the provisions of s. 119.07(1) 1561 <br />and s. 24(a), Art. I of the State Constitution. 1562 <br /> (d) Patient selection and initial referral must be made by 1563 <br />the governmental contractor or the provider. Patients may not be 1564 <br />transferred to the provider based on a violation of the 1565 <br />antidumping provisions of the Omnibus Budget Reconciliation Act 1566 <br />of 1989, the Omnibus Budget Reconciliation Act of 1990, or 1567 <br />chapter 395. 1568 <br /> (e) If emergency care is required, the patient need not be 1569 <br />referred before receiving treatment, but must be referred within 1570 <br />48 hours after treatment is commenced or within 48 hours after 1571 <br />the patient has the mental capacity to consent to treatment, 1572 <br />whichever occurs later. 1573 <br /> (f) The provider is subject to supervision and regular 1574 <br />inspection by the governmental contractor. 1575