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Florida HB 607 - APRNs Can Now Admit, Care, Discharge Patients without Physician Oversight

Client Alert

Earlier this month, lawmakers in both chambers of the Florida legislature passed House Bill 607 — legislation which would allow advanced practice registered nurses, or APRNs, to single-handedly admit, care for, and discharge patients from medical facilities.  This would effectively eliminate the need for physician oversight, a costly expense for independent nurse practitioners.

Proponents of House Bill 607 believe that allowing APRNs greater autonomy, as this legislation will do, has the power to fill the gap of much-needed health care services in rural Florida communities.

Although the new law will eliminate the need for an attending physician’s approval and, as such, may arguably increase the potential for treatment mishaps, the bill provides for numerous safety measures to ensure minimal complications including clear education requirements and experience thresholds for APRNs to qualify.

Under the standards, a “qualified nurse practitioner” will have at least 3,000 hours of experience under the supervision of a physician before he/she can qualify to provide services including family medicine, general pediatrics, and general internal medicine.

House Bill 307 also includes a $5 million budget for a loan repayment program for APRNs who work in primary-care health professional shortage areas or county health departments, community health centers, migrant health centers or any other publicly funded health care programs designated by the state.

The legislation, which was signed by Florida Governor Ron DeSantis, will go into effect on July 1, 2020.

For more information, please contact Amanda Waesch at alwaesch@bmdllc.com, or any of the Healthcare & Hospital Law Practice Attorneys at BMD.

HHS Revokes Public Comment Requirement on Certain Policy Changes

The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.

Corporate Transparency Act to be Re-evaluated

Recent federal rulings have impacted the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. While reporting requirements were briefly reinstated, FinCEN has now paused enforcement and is reevaluating the CTA. Businesses are no longer required to submit reports until further guidance is issued. For updates and legal counsel, contact BMD Member Blake Gerney.

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.