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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.

Increased Medicaid Rates to Take Effect This Month for Ohio Providers

As required by House Bill 33, Ohio’s 2024-2025 operating budget bill, reimbursement rates paid by the Ohio Department of Medicaid will increase for a wide range of providers starting on January 1, 2024.

Corporate Transparency Act Update

The Corporate Transparency Act (“CTA”), with an effective date of January 1, 2024, is set to impose strict reporting guidelines on business owners throughout the country. The following provides a brief update on two aspects of the CTA ahead of its effectiveness next week.

The Second Wave of UnitedHealthcare's Prior Authorization Cuts Started in November

In August 2023, UnitedHealthcare released its plan to eliminate roughly one-fifth of its then-current prior authorization requirements. The first round of prior authorization cuts took effect on September 1, 2023. In that round, UnitedHealthcare eliminated the necessity for some prior authorizations for UnitedHealthcare Medicare Advantage, UnitedHealthcare commercial, UnitedHealthcare Oxford and UnitedHealthcare Individual Exchange plan members. The second and final round of prior authorization cuts began on November 1, 2023. The November 2023 Prior Authorization Cuts apply to the same plans as well as community plans (i.e., Medicaid managed care plans).

Legal Uncertainties Remain Following Passage of Issue 1 in Ohio

In the November 2023 General Election, Ohio voters passed Issue 1 which, among other things, “[e]stablish[es] in the Constitution of the State of Ohio an individual right to one’s own reproductive medical treatment, including but not limited to abortion”. Despite passage of Issue 1, questions persist about how its codification on December 7 affects previously passed legislation restricting abortion and related pending court cases.

NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on determining joint-employer status, departing from its prior 2020 standard. The final rule provides that two or more entities may be considered “joint employers” if each entity has an employment relationship with employees and if the entities share or codetermine one or more employees’ essential terms and conditions of employment. The final rule goes into effect on December 26, 2023, and will only be applied to cases filed after the effective date.