House Bill 0349c2

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    Florida House of Representatives - 1998           CS/CS/HB 349

        By the Committees on Health & Human Services
    Appropriations, Health Care Standards & Regulatory Reform and
    Representatives Sanderson, Saunders and Murman




  1                      A bill to be entitled

  2         An act relating to the regulation of health

  3         care facilities; amending s. 20.42, F.S.;

  4         deleting the responsibility of the Division of

  5         Health Policy and Cost Control within the

  6         Agency for Health Care Administration for

  7         reviewing hospital budgets; abolishing the

  8         Health Care Board; amending s. 154.209, F.S.;

  9         expanding programs eligible for financing by a

10         health facilities authority; amending s.

11         154.304, F.S., relating to health care for

12         indigent persons; revising definitions;

13         amending ss. 212.055 and 394.4788, F.S.,

14         relating to discretionary sales surtaxes and

15         mental health services; updating provisions

16         relating to duties formerly performed by the

17         Health Care Cost Containment Board; amending s.

18         395.0163, F.S.; providing exemptions from

19         construction inspections and investigations by

20         the Agency for Health Care Administration for

21         certain outpatient facilities; providing

22         exceptions; amending s. 395.0197, F.S.;

23         exempting ambulatory surgical centers and

24         hospitals from certain staffing requirements in

25         surgical recovery rooms; amending s. 395.1055,

26         F.S.; requiring the Agency for Health Care

27         Administration to adopt rules to assure that,

28         following a disaster, licensed facilities are

29         capable of serving as shelters only for

30         patients, staff, and the families of staff;

31         providing for applicability; providing for a

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  1         report by the agency to the Governor and

  2         Legislature; amending s. 395.3025, F.S.;

  3         revising charges for copies of medical records;

  4         amending s. 395.401, F.S.; providing for

  5         certain reports formerly made to the Health

  6         Care Board to be made to the agency; amending

  7         s. 395.701, F.S., relating to the Public

  8         Medical Assistance Trust Fund; revising

  9         definitions; amending ss. 408.05, 408.061,

10         408.062, and 408.063, F.S., relating to the

11         State Center for Health Statistics and the

12         collection and dissemination of health care

13         information; updating provisions to reflect the

14         assumption by the Agency for Health Care

15         Administration of duties formerly performed by

16         the Health Care Board and the former Department

17         of Health and Rehabilitative Services;

18         authorizing the agency to conduct data-based

19         studies and make recommendations; deleting

20         obsolete provisions; amending s. 408.07, F.S.;

21         deleting definitions made obsolete by the

22         repeal of requirements with respect to hospital

23         budget reviews; amending s. 408.08, F.S.;

24         deleting provisions requiring the Health Care

25         Board to review the budgets of certain

26         hospitals; deleting requirements that a

27         hospital file budget letters; deleting certain

28         administrative penalties; amending s. 408.40,

29         F.S.; removing a reference to the duties of the

30         Public Counsel with respect to hospital budget

31         review proceedings; amending ss. 409.2673 and

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  1         409.9113, F.S., relating to health care

  2         programs for low-income persons and the

  3         disproportionate share program for teaching

  4         hospitals; updating provisions to reflect the

  5         abolishment of the Health Care Cost Containment

  6         Board and the assumption of its duties by the

  7         agency; repealing ss. 395.403(9), 407.61,

  8         408.003, 408.072, and 408.085, F.S., relating

  9         to reimbursement of state-sponsored trauma

10         centers, studies by the Health Care Board,

11         appointment of members to the Health Care

12         Board, review of hospital budgets, and budget

13         reviews of comprehensive inpatient

14         rehabilitation hospitals; providing for

15         retroactive application of provisions of the

16         act relating to repeal of review of hospital

17         budgets; amending ss. 381.026 and 381.0261,

18         F.S.; requiring distribution of the Florida

19         Patient's Bill of Rights and Responsibilities;

20         providing penalties; repealing s. 395.002(2)

21         and (15), F.S.; deleting definitions of

22         "adverse or untoward incident" and "injury";

23         amending s. 395.0193, F.S.; revising provisions

24         relating to facility peer review disciplinary

25         actions against practitioners; requiring report

26         to the Agency for Health Care Administration;

27         providing penalties; amending s. 395.0197,

28         F.S.; revising provisions relating to internal

29         risk management; defining "adverse incident";

30         requiring certain reports to the agency;

31         including minors in provisions relating to

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  1         notification of sexual misconduct or abuse;

  2         requiring facility corrective action plans;

  3         providing penalties; correcting cross

  4         references; renumbering s. 626.941, F.S.,

  5         relating to purpose of the health care risk

  6         manager licensure program; renumbering and

  7         amending s. 626.942, F.S., relating to the

  8         Health Care Risk Manager Advisory Council;

  9         renumbering and amending s. 626.943, F.S.;

10         providing powers and duties of the agency;

11         renumbering and amending s. 626.944, F.S.,

12         relating to qualifications for health care risk

13         managers; providing for fees; providing for

14         issuance, cancellation, and renewal of

15         licenses; renumbering and amending s. 626.945,

16         F.S., relating to grounds for denial,

17         suspension, or revocation of licenses; amending

18         ss. 394.4787, 395.602, 395.701, 400.051,

19         409.905, 440.13, 458.307, 458.331, 459.015,

20         468.505, 641.55, and 766.1115, F.S.; conforming

21         references and correcting cross references;

22         transferring the internal risk manager

23         licensure program from the Department of

24         Insurance to the Agency for Health Care

25         Administration; providing an appropriation;

26         providing effective dates.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30

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  1         Section 1.  Paragraphs (b), (d), and (e) of subsection

  2  (2) and subsections (6) and (7) of section 20.42, Florida

  3  Statutes, are amended to read:

  4         20.42  Agency for Health Care Administration.--There is

  5  created the Agency for Health Care Administration within the

  6  Department of Business and Professional Regulation. The agency

  7  shall be a separate budget entity, and the director of the

  8  agency shall be the agency head for all purposes. The agency

  9  shall not be subject to control, supervision, or direction by

10  the Department of Business and Professional Regulation in any

11  manner, including, but not limited to, personnel, purchasing,

12  transactions involving real or personal property, and

13  budgetary matters.

14         (2)  ORGANIZATION OF THE AGENCY.--The agency shall be

15  organized as follows:

16         (b)  The Division of Health Policy and Cost Control,

17  which shall be responsible for health policy, the State Center

18  for Health Statistics, the development of The Florida Health

19  Plan, certificate of need, hospital budget review, state and

20  local health planning under s. 408.033, and research and

21  analysis.

22         (d)  The Health Care Board, which shall be responsible

23  for hospital budget review, nursing home financial analysis,

24  and special studies as assigned by the secretary or the

25  Legislature.

26         (d)(e)  The Division of Administrative Services, which

27  shall be responsible for revenue management, budget,

28  personnel, and general services.

29         (6)  HEALTH CARE BOARD.--The Health Care Board shall be

30  composed of 11 members appointed by the Governor, subject to

31  confirmation by the Senate. The members of the board shall

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  1  biennially elect a chairperson and a vice chairperson from its

  2  membership. The board shall be responsible for hospital budget

  3  review, nursing home financial review and analysis, and

  4  special studies requested by the Governor, the Legislature, or

  5  the director.

  6         (6)(7)  DEPUTY DIRECTOR OF ADMINISTRATIVE

  7  SERVICES.--The director shall appoint a Deputy Director of

  8  Administrative Services who shall serve at the pleasure of,

  9  and be directly responsible to, the director. The deputy

10  director shall be responsible for the Division of

11  Administrative Services.

12         Section 2.  Subsection (18) of section 154.209, Florida

13  Statutes, is amended to read:

14         154.209  Powers of authority.--The purpose of the

15  authority shall be to assist health facilities in the

16  acquisition, construction, financing, and refinancing of

17  projects in any corporated or unincorporated area within the

18  geographical limits of the local agency.  For this purpose,

19  the authority is authorized and empowered:

20         (18)  To participate in and issue bonds and other forms

21  of indebtedness for the purpose of establishing and

22  maintaining an accounts receivable program on behalf of a

23  health facility or group of health facilities.

24  Notwithstanding any other provisions of this part, the

25  structuring and financing of an accounts receivable program or

26  the acquisition and financing of accounts receivable from

27  other not-for-profit health care corporations pursuant to this

28  subsection shall constitute a project and may be structured

29  for the benefit of health facilities within or outside the

30  geographical limits of the local agency.

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  1         Section 3.  Subsections (1) and (8) of section 154.304,

  2  Florida Statutes, are amended to read:

  3         154.304  Definitions.--For the purpose of this act:

  4         (1)  "Agency" means the Agency for Health Care

  5  Administration "Board" means the Health Care Board as

  6  established in chapter 408.

  7         (8)  "Participating hospital" means a hospital which is

  8  eligible to receive reimbursement under the provisions of this

  9  act because it has been certified by the agency board as

10  having met its charity care obligation and has either:

11         (a)  A formal signed agreement with a county or

12  counties to treat such county's indigent patients; or

13         (b)  Demonstrated to the agency board that at least 2.5

14  percent of its uncompensated charity care, as reported to the

15  board, is generated by out-of-county residents.

16         Section 4.  Paragraph (d) of subsection (4) and

17  paragraph (c) of subsection (6) of section 212.055, Florida

18  Statutes, are amended to read:

19         212.055  Discretionary sales surtaxes; legislative

20  intent; authorization and use of proceeds.--It is the

21  legislative intent that any authorization for imposition of a

22  discretionary sales surtax shall be published in the Florida

23  Statutes as a subsection of this section, irrespective of the

24  duration of the levy.  Each enactment shall specify the types

25  of counties authorized to levy; the rate or rates which may be

26  imposed; the maximum length of time the surtax may be imposed,

27  if any; the procedure which must be followed to secure voter

28  approval, if required; the purpose for which the proceeds may

29  be expended; and such other requirements as the Legislature

30  may provide.  Taxable transactions and administrative

31  procedures shall be as provided in s. 212.054.

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  1         (4)  INDIGENT CARE SURTAX.--

  2         (d)  The ordinance adopted by the governing body

  3  providing for the imposition of the surtax shall set forth a

  4  plan for providing health care services to qualified

  5  residents, as defined in paragraph (e).  Such plan and

  6  subsequent amendments to it shall fund a broad range of health

  7  care services for both indigent persons and the medically

  8  poor, including, but not limited to, primary care and

  9  preventive care as well as hospital care.  It shall emphasize

10  a continuity of care in the most cost-effective setting,

11  taking into consideration both a high quality of care and

12  geographic access.  Where consistent with these objectives, it

13  shall include, without limitation, services rendered by

14  physicians, clinics, community hospitals, mental health

15  centers, and alternative delivery sites, as well as at least

16  one regional referral hospital where appropriate.  It shall

17  provide that agreements negotiated between the county and

18  providers will include reimbursement methodologies that take

19  into account the cost of services rendered to eligible

20  patients, recognize hospitals that render a disproportionate

21  share of indigent care, provide other incentives to promote

22  the delivery of charity care, and require cost containment

23  including, but not limited to, case management. It must also

24  provide that any hospitals that are owned and operated by

25  government entities on May 21, 1991, must, as a condition of

26  receiving funds under this subsection, afford public access

27  equal to that provided under s. 286.011 as to meetings of the

28  governing board, the subject of which is budgeting resources

29  for the rendition of charity care as that term is defined in

30  the Florida Hospital Uniform Reporting System (FHURS) manual

31  referenced in s. 408.07.  The plan must shall also include

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  1  innovative health care programs that provide cost-effective

  2  alternatives to traditional methods of service delivery and

  3  funding.

  4         (6)  SMALL COUNTY INDIGENT CARE SURTAX.--

  5         (c)  The ordinance adopted by the governing body

  6  providing for the imposition of the surtax shall set forth a

  7  brief plan for providing health care services to qualified

  8  residents, as defined in paragraph (d).  Such plan and

  9  subsequent amendments to it shall fund a broad range of health

10  care services for both indigent persons and the medically

11  poor, including, but not limited to, primary care and

12  preventive care as well as hospital care.  It shall emphasize

13  a continuity of care in the most cost-effective setting,

14  taking into consideration both a high quality of care and

15  geographic access. Where consistent with these objectives, it

16  shall include, without limitation, services rendered by

17  physicians, clinics, community hospitals, mental health

18  centers, and alternative delivery sites, as well as at least

19  one regional referral hospital where appropriate.  It shall

20  provide that agreements negotiated between the county and

21  providers will include reimbursement methodologies that take

22  into account the cost of services rendered to eligible

23  patients, recognize hospitals that render a disproportionate

24  share of indigent care, provide other incentives to promote

25  the delivery of charity care, and require cost containment

26  including, but not limited to, case management. It shall also

27  provide that any hospitals that are owned and operated by

28  government entities on May 21, 1991, must, as a condition of

29  receiving funds under this subsection, afford public access

30  equal to that provided under s. 286.011 as to meetings of the

31  governing board, the subject of which is budgeting resources

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  1  for the rendition of charity care as that term is defined in

  2  the rules of the Florida Hospital Uniform Reporting System

  3  (FHURS) manual referenced in s. 408.07 Health Care Cost

  4  Containment Board.  The plan must shall also include

  5  innovative health care programs that provide cost-effective

  6  alternatives to traditional methods of service delivery and

  7  funding.

  8         Section 5.  Subsections (2) and (3) of section

  9  394.4788, Florida Statutes, are amended to read:

10         394.4788  Use of certain PMATF funds for the purchase

11  of acute care mental health services.--

12         (2)  By October 1, 1989, and annually thereafter, The

13  agency shall annually calculate a per diem reimbursement rate

14  for each specialty psychiatric hospital to be paid to the

15  specialty psychiatric hospitals for the provision of acute

16  mental health services provided to indigent mentally ill

17  patients who meet the criteria in subsection (1).  After the

18  first rate period, providers shall be notified of new

19  reimbursement rates for each new state fiscal year by June 1.

20  The new reimbursement rates shall commence July 1.

21         (3)  Reimbursement rates shall be calculated using the

22  most recent audited actual costs received by the agency.  Cost

23  data received as of August 15, 1989, and each April 15

24  thereafter shall be used in the calculation of the rates.

25  Historic costs shall be inflated from the midpoint of a

26  hospital's fiscal year to the midpoint of the state fiscal

27  year.  The inflation adjustment shall be made utilizing the

28  latest available projections as of March 31 for the Data

29  Resources Incorporated National and Regional Hospital Input

30  Price Indices as calculated by the Medicaid program office.

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  1         Section 6.  Subsection (1) of section 395.0163, Florida

  2  Statutes, is amended to read:

  3         395.0163  Construction inspections; plan submission and

  4  approval; fees.--

  5         (1)  The agency shall make, or cause to be made, such

  6  construction inspections and investigations as it deems

  7  necessary. The agency may prescribe by rule that any licensee

  8  or applicant desiring to make specified types of alterations

  9  or additions to its facilities or to construct new facilities

10  shall, before commencing such alteration, addition, or new

11  construction, submit plans and specifications therefor to the

12  agency for preliminary inspection and approval or

13  recommendation with respect to compliance with agency rules

14  and standards.  The agency shall approve or disapprove the

15  plans and specifications within 60 days after receipt of the

16  fee for review of plans as required in subsection (2).  The

17  agency may be granted one 15-day extension for the review

18  period if the director of the agency approves the extension.

19  If the agency fails to act within the specified time, it shall

20  be deemed to have approved the plans and specifications.  When

21  the agency disapproves plans and specifications, it shall set

22  forth in writing the reasons for its disapproval.  Conferences

23  and consultations may be provided as necessary. Outpatient

24  facilities that provide surgical treatments requiring general

25  anesthesia or intravenous conscious sedation or that provide

26  cardiac catheterization services shall submit plans and

27  specifications to the agency for review under this section.

28  All other outpatient facilities that are physically detached

29  from the hospital with no utility connections and that do not

30  block emergency egress from or create a fire hazard to the

31  hospital are exempt from review under this section.

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  1  Applications pending review on the effective date of this act

  2  shall be governed by the exemption provided in this

  3  subsection.

  4         Section 7.  Paragraph (b) of subsection (1) of section

  5  395.0197, Florida Statutes, is amended to read:

  6         395.0197  Internal risk management program.--

  7         (1)  Every licensed facility shall, as a part of its

  8  administrative functions, establish an internal risk

  9  management program that includes all of the following

10  components:

11         (b)  The development of appropriate measures to

12  minimize the risk of injuries and adverse incidents to

13  patients, including, but not limited to:

14         1.  Risk management and risk prevention education and

15  training of all nonphysician personnel as follows:

16         a.  Such education and training of all nonphysician

17  personnel as part of their initial orientation; and

18         b.  At least 1 hour of such education and training

19  annually for all nonphysician personnel of the licensed

20  facility working in clinical areas and providing patient care.

21         2.  A prohibition, except when emergency circumstances

22  require otherwise, against a staff member of the licensed

23  facility attending a patient in the recovery room, unless the

24  staff member is authorized to attend the patient in the

25  recovery room and is in the company of at least one other

26  person.  However, a licensed facility hospital is exempt from

27  the two-person requirement if it has:

28         a.  Live visual observation;

29         b.  Electronic observation; or

30         c.  Any other reasonable measure taken to ensure

31  patient protection and privacy.

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  1         Section 8.  Paragraph (d) of subsection (1) of section

  2  395.1055, Florida Statutes, is amended to read:

  3         395.1055  Rules and enforcement.--

  4         (1)  The agency shall adopt, amend, promulgate, and

  5  enforce rules to implement the provisions of this part, which

  6  shall include reasonable and fair minimum standards for

  7  ensuring that:

  8         (d)  New facilities and a new wing or floor added to an

  9  existing facility after July 1, 1998, are structurally capable

10  of serving as shelters only for patients, staff, and families

11  of staff, and equipped to be self-supporting during and

12  immediately following disasters.

13         Section 9.  The Agency for Health Care Administration

14  shall work with persons affected by the amendment to s.

15  395.1055(1)(d), Florida Statutes, by this act and report to

16  the Governor and Legislature by March 1, 1999, its

17  recommendations for cost-effective renovation standards to be

18  applied to existing facilities.

19         Section 10.  Subsection (1) of section 395.3025,

20  Florida Statutes, is amended to read:

21         395.3025  Patient and personnel records; copies;

22  examination.--

23         (1)  Any licensed facility shall, upon written request,

24  and only after discharge of the patient, furnish, in a timely

25  manner, without delays for legal review, to any person

26  admitted therein for care and treatment or treated thereat, or

27  to any such person's guardian, curator, or personal

28  representative, or in the absence of one of those persons, to

29  the next of kin of a decedent or the parent of a minor, or to

30  anyone designated by such person in writing, a true and

31  correct copy of all patient records, including X rays, and

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  1  insurance information concerning such person, which records

  2  are in the possession of the licensed facility, provided the

  3  person requesting such records pays agrees to pay a charge.

  4  The exclusive charge for copies of patient records stored in

  5  paper form may include sales tax and actual postage, and,

  6  except for nonpaper records which are subject to a charge not

  7  to exceed $2 as provided in s. 28.24(9)(c), may not exceed $1

  8  per page, and for copies of patient records stored in nonpaper

  9  form, such as microfilm, microfiche, and disk, may not exceed

10  $2 per page for each paper copy of not more than 14 inches by

11  8-1/2 inches furnished. These maximum charges are deemed to be

12  reasonable. In addition, a search fee of $1 for each year of

13  records requested, any sales tax due with respect to the

14  charge for copies and for the search, and actual postage may

15  be charged. Charges for X-ray copies are limited to a

16  reasonable amount. as provided in s. 28.24(8)(a).  A fee of up

17  to $1 may be charged for each year of records requested. These

18  charges shall apply to all records furnished, whether directly

19  from the facility or from a copy service providing these

20  services on behalf of the facility. However, a patient whose

21  records are copied or searched for the purpose of continuing

22  to receive medical care is not required to pay a charge for

23  copying or for the search.  The licensed facility shall

24  further allow any such person to examine the original records

25  in its possession, or microforms or other suitable

26  reproductions of the records, upon such reasonable terms as

27  shall be imposed to assure that the records will not be

28  damaged, destroyed, or altered.

29         Section 11.  Paragraphs (a) and (b) of subsection (1)

30  of section 395.401, Florida Statutes, are amended to read:

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  1         395.401  Trauma services system plans; verification of

  2  trauma centers and pediatric trauma referral centers;

  3  procedures; renewal.--

  4         (1)  As used in this part, the term:

  5         (a)  "Agency" means the Agency for Health Care

  6  Administration "Board" means the Health Care Board.

  7         (b)  "Charity care" or "uncompensated charity care"

  8  means that portion of hospital charges reported to the agency

  9  board for which there is no compensation for care provided to

10  a patient whose family income for the 12 months preceding the

11  determination is less than or equal to 150 percent of the

12  federal poverty level, unless the amount of hospital charges

13  due from the patient exceeds 25 percent of the annual family

14  income.  However, in no case shall the hospital charges for a

15  patient whose family income exceeds 4 times the federal

16  poverty level for a family of four be considered charity.

17         Section 12.  Subsections (1), (2), (3), and (4) of

18  section 395.701, Florida Statutes, are amended to read:

19         395.701  Annual assessments on net operating revenues

20  to fund public medical assistance; administrative fines for

21  failure to pay assessments when due.--

22         (1)  For the purposes of this section, the term:

23         (a)  "Agency" means the Agency for Health Care

24  Administration.

25         (b)(a)  "Gross operating revenue" or "gross revenue"

26  means the sum of daily hospital service charges, ambulatory

27  service charges, ancillary service charges, and other

28  operating revenue.

29         (b)  "Health Care Board" or "board" means the Health

30  Care Board created by s. 20.42.

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  1         (c)  "Hospital" means a health care institution as

  2  defined in s. 395.002(12), but does not include any hospital

  3  operated by the agency or the Department of Corrections.

  4         (d)  "Net operating revenue" or "net revenue" means

  5  gross revenue less deductions from revenue.

  6         (e)  "Total deductions from gross revenue" or

  7  "deductions from revenue" means reductions from gross revenue

  8  resulting from inability to collect payment of charges.  Such

  9  reductions include bad debts; contractual adjustments;

10  uncompensated care; administrative, courtesy, and policy

11  discounts and adjustments; and other such revenue deductions,

12  but also includes the offset of restricted donations and

13  grants for indigent care.

14         (2)  There is hereby imposed upon each hospital an

15  assessment in an amount equal to 1.5 percent of the annual net

16  operating revenue for each hospital, such revenue to be

17  determined by the agency department, based on the actual

18  experience of the hospital as reported to the agency

19  department.  Within 6 months after the end of each hospital

20  fiscal year, the agency department shall certify the amount of

21  the assessment for each hospital.  The assessment shall be

22  payable to and collected by the agency department in equal

23  quarterly amounts, on or before the first day of each calendar

24  quarter, beginning with the first full calendar quarter that

25  occurs after the agency department certifies the amount of the

26  assessment for each hospital. All moneys collected pursuant to

27  this subsection shall be deposited into the Public Medical

28  Assistance Trust Fund.

29         (3)  The agency department shall impose an

30  administrative fine, not to exceed $500 per day, for failure

31  of any hospital to pay its assessment by the first day of the

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  1  calendar quarter on which it is due.  The failure of a

  2  hospital to pay its assessment within 30 days after the

  3  assessment is due is ground for the agency department to

  4  impose an administrative fine not to exceed $5,000 per day.

  5         (4)  The purchaser, successor, or assignee of a

  6  facility subject to the agency's board's jurisdiction shall

  7  assume full liability for any assessments, fines, or penalties

  8  of the facility or its employees, regardless of when

  9  identified.  Such assessments, fines, or penalties shall be

10  paid by the employee, owner, or licensee who incurred them,

11  within 15 days of the sale, transfer, or assignment.  However,

12  the purchaser, successor, or assignee of the facility may

13  withhold such assessments, fines, or penalties from purchase

14  moneys or payment due to the seller, transferor, or employee,

15  and shall make such payment on behalf of the seller,

16  transferor, or employee.  Any employer, purchaser, successor,

17  or assignee who fails to withhold sufficient funds to pay

18  assessments, fines, or penalties arising under the provisions

19  of chapter 408 shall make such payments within 15 days of the

20  date of the transfer, purchase, or assignment.  Failure by the

21  transferee to make payments as provided in this subsection

22  shall subject such transferee to the penalties and assessments

23  provided in chapter 408.  Further, in the event of sale,

24  transfer, or assignment of any facility under the agency's

25  board's jurisdiction, future assessments shall be based upon

26  the most recently available prior year report or audited

27  actual experience for the facility.  It shall be the

28  responsibility of the new owner or licensee to require the

29  production of the audited financial data for the period of

30  operation of the prior owner.  If the transferee fails to

31  obtain current audited financial data from the previous owner

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  1  or licensee, the new owner shall be assessed based upon the

  2  most recent year of operation for which 12 months of audited

  3  actual experience are available or upon a reasonable estimate

  4  of 12 months of full operation as calculated by the agency

  5  board.

  6         Section 13.  Subsection (1), paragraphs (e) and (f) of

  7  subsection (3), subsection (6), and paragraphs (c) and (d) of

  8  subsection (7) of section 408.05, Florida Statutes, are

  9  amended to read:

10         408.05  State Center for Health Statistics.--

11         (1)  ESTABLISHMENT.--The agency department shall

12  establish a State Center for Health Statistics.  The center

13  shall establish a comprehensive health information system to

14  provide for the collection, compilation, coordination,

15  analysis, indexing, dissemination, and utilization of both

16  purposefully collected and extant health-related data and

17  statistics.  The center shall be staffed with public health

18  experts, biostatisticians, information system analysts, health

19  policy experts, economists, and other staff necessary to carry

20  out its functions.

21         (3)  COMPREHENSIVE HEALTH INFORMATION SYSTEM.--In order

22  to produce comparable and uniform health information and

23  statistics, the agency shall perform the following functions:

24         (e)  The agency department shall establish by rule the

25  types of data collected, compiled, processed, used, or shared.

26  Decisions regarding center data sets should be made based on

27  consultation with the Comprehensive Health Information System

28  Advisory Council and other public and private users regarding

29  the types of data which should be collected and their uses.

30

31

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  1         (f)  The center shall establish standardized means for

  2  collecting health information and statistics under laws and

  3  rules administered by the agency department.

  4         (6)  PROVIDER DATA REPORTING.--This section does not

  5  confer on the agency department the power to demand or require

  6  that a health care provider or professional furnish

  7  information, records of interviews, written reports,

  8  statements, notes, memoranda, or data other than as expressly

  9  required by law.

10         (7)  BUDGET; FEES; TRUST FUND.--

11         (c)  The center may charge such reasonable fees for

12  services as the agency department prescribes by rule.  The

13  established fees may shall not exceed the reasonable cost for

14  such services.  Fees collected may not be used to offset

15  annual appropriations from the General Revenue Fund.

16         (d)  The agency department shall establish a

17  Comprehensive Health Information System Trust Fund as the

18  repository of all funds appropriated to, and fees and grants

19  collected for, services of the State Center for Health

20  Statistics. Any funds, other than funds appropriated to the

21  center from the General Revenue Fund, which are raised or

22  collected by the agency department for the operation of the

23  center and which are not needed to meet the expenses of the

24  center for its current fiscal year shall be available to the

25  agency board in succeeding years.

26         Section 14.  Subsections (10) and (11) of section

27  408.061, Florida Statutes, are amended to read:

28         408.061  Data collection; uniform systems of financial

29  reporting; information relating to physician charges;

30  confidentiality of patient records; immunity.--

31

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  1         (10)  No health care facility, health care provider,

  2  health insurer, or other reporting entity or its employees or

  3  agents shall be held liable for civil damages or subject to

  4  criminal penalties either for the reporting of patient data to

  5  the agency board or for the release of such data by the agency

  6  board as authorized by this chapter.

  7         (11)  The agency shall be the primary source for

  8  collection and dissemination of health care data.  No other

  9  agency of state government may gather data from a health care

10  provider licensed or regulated under this chapter without

11  first determining if the data is currently being collected by

12  the agency and affirmatively demonstrating that it would be

13  more cost-effective for an agency of state government other

14  than the agency to gather the health care data.  The director

15  secretary shall ensure that health care data collected by the

16  divisions within the agency is coordinated. It is the express

17  intent of the Legislature that all health care data be

18  collected by a single source within the agency and that other

19  divisions within the agency, and all other agencies of state

20  government, obtain data for analysis, regulation, and public

21  dissemination purposes from that single source. Confidential

22  information may be released to other governmental entities or

23  to parties contracting with the agency to perform agency

24  duties or functions as needed in connection with the

25  performance of the duties of the receiving entity.  The

26  receiving entity or party shall retain the confidentiality of

27  such information as provided for herein.

28         Section 15.  Subsections (2) and (5) of section

29  408.062, Florida Statutes, are amended to read:

30         408.062  Research, analyses, studies, and reports.--

31

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  1         (2)  The agency board shall evaluate data from nursing

  2  home financial reports and shall document and monitor:

  3         (a)  Total revenues, annual change in revenues, and

  4  revenues by source and classification, including contributions

  5  for a resident's care from the resident's resources and from

  6  the family and contributions not directed toward any specific

  7  resident's care.

  8         (b)  Average resident charges by geographic region,

  9  payor, and type of facility ownership.

10         (c)  Profit margins by geographic region and type of

11  facility ownership.

12         (d)  Amount of charity care provided by geographic

13  region and type of facility ownership.

14         (e)  Resident days by payor category.

15         (f)  Experience related to Medicaid conversion as

16  reported under s. 408.061.

17         (g)  Other information pertaining to nursing home

18  revenues and expenditures.

19

20  The findings of the agency board shall be included in an

21  annual report to the Governor and Legislature by January 1

22  each year.

23         (5)(a)  The agency is empowered to conduct data-based

24  studies and evaluations and to make recommendations to the

25  Legislature and the Governor concerning exemptions, the

26  effectiveness of limitations of referrals, restrictions on

27  investment interests and compensation arrangements, and the

28  effectiveness of public disclosure.  Such analysis may

29  include, but need not be limited to, utilization of services,

30  cost of care, quality of care, and access to care. The agency

31  may require the submission of data necessary to carry out this

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  1  duty, which may include, but need not be limited to, data

  2  concerning ownership, Medicare and Medicaid, charity care,

  3  types of services offered to patients, and revenues and

  4  expenses, patient-encounter data, and other data reasonably

  5  necessary to study utilization patterns and the impact of

  6  health care provider ownership interests in

  7  health-care-related entities on the cost, quality, and

  8  accessibility of health care.

  9         (b)  The agency may collect such data from any health

10  facility as a special study. The board is directed to research

11  hospital financial and nonfinancial data in order to determine

12  the need for establishing a category of inpatient hospital

13  patients defined as medically indigent.  For purposes of this

14  section, a medically indigent patient is an individual who is

15  admitted as an inpatient to a hospital, who is not classified

16  as a Medicare beneficiary, a Medicaid recipient, or a charity

17  care patient, but who has insufficient financial resources to

18  pay for needed medical care. In its determination of the need

19  for establishing a category of medically indigent patients,

20  the board shall consider the creation of income and asset

21  levels that would establish a person as medically indigent.

22  The board shall submit a report and recommendations to the

23  Governor and the Legislature on the establishment of a

24  category of medically indigent inpatient hospital patients on

25  or before January 1, 1994.  If the board recommends the

26  establishment of a category of medically indigent patients, it

27  shall provide a specific recommendation for the eligibility

28  determination process to be used in classifying a patient as

29  medically indigent.

30         Section 16.  Subsection (1) of section 408.063, Florida

31  Statutes, is amended to read:

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  1         408.063  Dissemination of health care information.--

  2         (1)  The agency, relying on data collected pursuant to

  3  this chapter, shall establish a reliable, timely, and

  4  consistent information system which distributes information

  5  and serves as the basis for the agency's board's public

  6  education programs.  The agency shall seek advice from

  7  consumers, health care purchasers, health care providers,

  8  health care facilities, health insurers, and local health

  9  councils in the development and implementation of its

10  information system. Whenever appropriate, the agency shall use

11  the local health councils for the dissemination of information

12  and education of the public.

13         Section 17.  Section 408.07, Florida Statutes, is

14  amended to read:

15         408.07  Definitions.--As used in this chapter, with the

16  exception of ss. 408.031-408.045, the term:

17         (1)  "Accepted" means that the agency board has found

18  that a report or data submitted by a health care facility or a

19  health care provider contains all schedules and data required

20  by the agency board and has been prepared in the format

21  specified by the agency board, and otherwise conforms to

22  applicable rule or Florida Hospital Uniform Reporting System

23  manual requirements regarding reports in effect at the time

24  such report was submitted, and the data are mathematically

25  reasonable and accurate.

26         (2)  "Adjusted admission" means the sum of acute and

27  intensive care admissions divided by the ratio of inpatient

28  revenues generated from acute, intensive, ambulatory, and

29  ancillary patient services to gross revenues.  If a hospital

30  reports only subacute admissions, then "adjusted admission"

31

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  1  means the sum of subacute admissions divided by the ratio of

  2  total inpatient revenues to gross revenues.

  3         (3)  "Agency" means the Agency for Health Care

  4  Administration.

  5         (4)  "Alcohol or chemical dependency treatment center"

  6  means an organization licensed under chapter 397.

  7         (5)  "Ambulatory care center" means an organization

  8  which employs or contracts with licensed health care

  9  professionals to provide diagnosis or treatment services

10  predominantly on a walk-in basis and the organization holds

11  itself out as providing care on a walk-in basis.  Such an

12  organization is not an ambulatory care center if it is wholly

13  owned and operated by five or fewer health care providers.

14         (6)  "Ambulatory surgical center" means a facility

15  licensed as an ambulatory surgical center under chapter 395.

16         (7)  "Applicable rate of increase" means the maximum

17  allowable rate of increase (MARI) when applied to gross

18  revenue per adjusted admission, unless the board has approved

19  a different rate of increase, in which case the board-approved

20  rate of increase shall apply.

21         (7)(8)  "Audited actual data" means information

22  contained within financial statements examined by an

23  independent, Florida-licensed, certified public accountant in

24  accordance with generally accepted auditing standards, but

25  does not include data within a financial statement about which

26  the certified public accountant does not express an opinion or

27  issues a disclaimer.

28         (9)  "Banked points" means the percentage points earned

29  by a hospital when the actual rate of increase in gross

30  revenue per adjusted admission (GRAA) is less than the maximum

31  allowable rate of increase (MARI) or the actual rate of

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  1  increase in the net revenue per adjusted admission (NRAA) is

  2  less than the market basket index.

  3         (8)(10)  "Birth center" means an organization licensed

  4  under s. 383.305.

  5         (11)  "Board" means the Health Care Board established

  6  under s. 408.003.

  7         (12)  "Budget" means the projections by the hospital,

  8  for a specified future time period, of expenditures and

  9  revenues, with supporting statistical indicators, or a budget

10  letter verified by the board pursuant to s. 408.072(3)(a).

11         (9)(13)  "Cardiac catheterization laboratory" means a

12  freestanding facility that which employs or contracts with

13  licensed health care professionals to provide diagnostic or

14  therapeutic services for cardiac conditions such as cardiac

15  catheterization or balloon angioplasty.

16         (10)(14)  "Case mix" means a calculated index for each

17  health care facility or health care provider, based on patient

18  data, reflecting the relative costliness of the mix of cases

19  to that facility or provider compared to a state or national

20  mix of cases.

21         (11)(15)  "Clinical laboratory" means a facility

22  licensed under s. 483.091, excluding:  any hospital laboratory

23  defined under s. 483.041(5); any clinical laboratory operated

24  by the state or a political subdivision of the state; any

25  blood or tissue bank where the majority of revenues are

26  received from the sale of blood or tissue and where blood,

27  plasma, or tissue is procured from volunteer donors and

28  donated, processed, stored, or distributed on a nonprofit

29  basis; and any clinical laboratory which is wholly owned and

30  operated by physicians who are licensed pursuant to chapter

31  458 or chapter 459 and who practice in the same group

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  1  practice, and at which no clinical laboratory work is

  2  performed for patients referred by any health care provider

  3  who is not a member of that same group practice.

  4         (12)(16)  "Comprehensive rehabilitative hospital" or

  5  "rehabilitative hospital" means a hospital licensed by the

  6  agency for Health Care Administration as a specialty hospital

  7  as defined in s. 395.002; provided that the hospital provides

  8  a program of comprehensive medical rehabilitative services and

  9  is designed, equipped, organized, and operated solely to

10  deliver comprehensive medical rehabilitative services, and

11  further provided that all licensed beds in the hospital are

12  classified as "comprehensive rehabilitative beds" pursuant to

13  s. 395.003(4), and are not classified as "general beds."

14         (13)(17)  "Consumer" means any person other than a

15  person who administers health activities, is a member of the

16  governing body of a health care facility, provides health

17  services, has a fiduciary interest in a health facility or

18  other health agency or its affiliated entities, or has a

19  material financial interest in the rendering of health

20  services.

21         (14)(18)  "Continuing care facility" means a facility

22  licensed under chapter 651.

23         (15)(19)  "Cross-subsidization" means that the revenues

24  from one type of hospital service are sufficiently higher than

25  the costs of providing such service as to offset some of the

26  costs of providing another type of service in the hospital.

27  Cross-subsidization results from the lack of a direct

28  relationship between charges and the costs of providing a

29  particular hospital service or type of service.

30         (16)(20)  "Deductions from gross revenue" or

31  "deductions from revenue" means reductions from gross revenue

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  1  resulting from inability to collect payment of charges.  For

  2  hospitals, such reductions include contractual adjustments;

  3  uncompensated care; administrative, courtesy, and policy

  4  discounts and adjustments; and other such revenue deductions,

  5  but also includes the offset of restricted donations and

  6  grants for indigent care.

  7         (17)(21)  "Diagnostic-imaging center" means a

  8  freestanding outpatient facility that provides specialized

  9  services for the diagnosis of a disease by examination and

10  also provides radiological services.  Such a facility is not a

11  diagnostic-imaging center if it is wholly owned and operated

12  by physicians who are licensed pursuant to chapter 458 or

13  chapter 459 and who practice in the same group practice and no

14  diagnostic-imaging work is performed at such facility for

15  patients referred by any health care provider who is not a

16  member of that same group practice.

17         (18)(22)  "FHURS" means the Florida Hospital Uniform

18  Reporting System developed by the agency board.

19         (19)(23)  "Freestanding" means that a health facility

20  bills and receives revenue which is not directly subject to

21  the hospital assessment for the Public Medical Assistance

22  Trust Fund as described in s. 395.701.

23         (20)(24)  "Freestanding radiation therapy center" means

24  a facility where treatment is provided through the use of

25  radiation therapy machines that are registered under s. 404.22

26  and the provisions of the Florida Administrative Code

27  implementing s. 404.22.  Such a facility is not a freestanding

28  radiation therapy center if it is wholly owned and operated by

29  physicians licensed pursuant to chapter 458 or chapter 459 who

30  practice within the specialty of diagnostic or therapeutic

31  radiology.

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  1         (21)(25)  "GRAA" means gross revenue per adjusted

  2  admission.

  3         (22)(26)  "Gross revenue" means the sum of daily

  4  hospital service charges, ambulatory service charges,

  5  ancillary service charges, and other operating revenue.  Gross

  6  revenues do not include contributions, donations, legacies, or

  7  bequests made to a hospital without restriction by the donors.

  8         (23)(27)  "Health care facility" means an ambulatory

  9  surgical center, a hospice, a nursing home, a hospital, a

10  diagnostic-imaging center, a freestanding or hospital-based

11  therapy center, a clinical laboratory, a home health agency, a

12  cardiac catheterization laboratory, a medical equipment

13  supplier, an alcohol or chemical dependency treatment center,

14  a physical rehabilitation center, a lithotripsy center, an

15  ambulatory care center, a birth center, or a nursing home

16  component licensed under chapter 400 within a continuing care

17  facility licensed under chapter 651.

18         (24)(28)  "Health care provider" means a health care

19  professional licensed under chapter 458, chapter 459, chapter

20  460, chapter 461, chapter 463, chapter 464, chapter 465,

21  chapter 466, part I, part III, part IV, part V, or part X of

22  chapter 468, chapter 483, chapter 484, chapter 486, chapter

23  490, or chapter 491.

24         (25)(29)  "Health care purchaser" means an employer in

25  the state, other than a health care facility, health insurer,

26  or health care provider, who provides health care coverage for

27  her or his employees.

28         (26)(30)  "Health insurer" means any insurance company

29  authorized to transact health insurance in the state, any

30  insurance company authorized to transact health insurance or

31  casualty insurance in the state that is offering a minimum

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  1  premium plan or stop-loss coverage for any person or entity

  2  providing health care benefits, any self-insurance plan as

  3  defined in s. 624.031, any health maintenance organization

  4  authorized to transact business in the state pursuant to part

  5  I of chapter 641, any prepaid health clinic authorized to

  6  transact business in the state pursuant to part II of chapter

  7  641, any multiple-employer welfare arrangement authorized to

  8  transact business in the state pursuant to ss. 624.436-624.45,

  9  or any fraternal benefit society providing health benefits to

10  its members as authorized pursuant to chapter 632.

11         (27)(31)  "Home health agency" means an organization

12  licensed under part IV of chapter 400.

13         (28)(32)  "Hospice" means an organization licensed

14  under part VI of chapter 400.

15         (29)(33)  "Hospital" means a health care institution

16  licensed by the Agency for Health Care Administration as a

17  hospital under chapter 395.

18         (30)(34)  "Lithotripsy center" means a freestanding

19  facility that which employs or contracts with licensed health

20  care professionals to provide diagnosis or treatment services

21  using electro-hydraulic shock waves.

22         (31)(35)  "Local health council" means the agency

23  defined in s. 408.033.

24         (32)(36)  "Market basket index" means the Florida

25  hospital input price index (FHIPI), which is a statewide

26  market basket index used to measure inflation in hospital

27  input prices weighted for the Florida-specific experience

28  which uses multistate regional and state-specific price

29  measures, when available.  The index shall be constructed in

30  the same manner as the index employed by the Secretary of the

31  United States Department of Health and Human Services for

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  1  determining the inflation in hospital input prices for

  2  purposes of Medicare reimbursement.

  3         (37)  "Maximum allowable rate of increase" or "MARI"

  4  means the maximum rate at which a hospital is normally

  5  expected to increase its average gross revenues per adjusted

  6  admission for a given period.  The board, using the most

  7  recent audited actual data for each hospital, shall calculate

  8  the MARI for each hospital as follows:  The projected rate of

  9  increase in the market basket index shall be divided by a

10  number which is determined by subtracting the sum of one-half

11  of the proportion of Medicare days plus one-half of the

12  proportion of CHAMPUS days plus the proportion of Medicaid

13  days plus 1.5 times the proportion of charity care days from

14  the number one. The formula to be employed by the board to

15  calculate the MARI shall take the following form:

16

17                             FHIPI

18  MARI =    (....................................)

19  1-[(Me x 0.5) + (Cp x 0.5) + Md + (Cc x 1.5)]

20

21  where:

22         MARI = maximum allowable rate of increase applied to

23  gross revenue.

24         FHIPI = Florida hospital input price index, which shall

25  be the projected rate of change in the market basket index.

26         Me = proportion of Medicare days, including when

27  available and reported to the board Medicare HMO days, to

28  total days.

29         Cp = proportion of Civilian Health and Medical Program

30  of the Uniformed Services (CHAMPUS) days to total days.

31

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  1         Md = proportion of Medicaid days, including when

  2  available and reported to the board Medicaid HMO days, to

  3  total days.

  4         Cc = proportion of charity care days to total days with

  5  a 50-percent offset for restricted grants for charity care and

  6  unrestricted grants from local governments.

  7         (33)(38)  "Medical equipment supplier" means an

  8  organization that which provides medical equipment and

  9  supplies used by health care providers and health care

10  facilities in the diagnosis or treatment of disease.

11         (34)(39)  "Net revenue" means gross revenue minus

12  deductions from revenue.

13         (35)(40)  "New hospital" means a hospital in its

14  initial year of operation as a licensed hospital and does not

15  include any facility which has been in existence as a licensed

16  hospital, regardless of changes in ownership, for over 1

17  calendar year.

18         (36)(41)  "Nursing home" means a facility licensed

19  under s. 400.062 or, for resident level and financial data

20  collection purposes only, any institution licensed under

21  chapter 395 and which has a Medicare or Medicaid certified

22  distinct part used for skilled nursing home care, but does not

23  include a facility licensed under chapter 651.

24         (37)(42)  "Operating expenses" means total expenses

25  excluding income taxes.

26         (38)(43)  "Other operating revenue" means all revenue

27  generated from hospital operations other than revenue directly

28  associated with patient care.

29         (39)(44)  "Physical rehabilitation center" means an

30  organization that which employs or contracts with health care

31  professionals licensed under part I or part III of chapter 468

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  1  or chapter 486 to provide speech, occupational, or physical

  2  therapy services on an outpatient or ambulatory basis.

  3         (40)(45)  "Prospective payment arrangement" means a

  4  financial agreement negotiated between a hospital and an

  5  insurer, health maintenance organization, preferred provider

  6  organization, or other third-party payor which contains, at a

  7  minimum, the elements provided for in s. 408.50.

  8         (41)(46)  "Rate of return" means the financial

  9  indicators used to determine or demonstrate reasonableness of

10  the financial requirements of a hospital.  Such indicators

11  shall include, but not be limited to:  return on assets,

12  return on equity, total margin, and debt service coverage.

13         (42)(47)  "Rural hospital" means an acute care hospital

14  licensed under chapter 395, with 85 licensed beds or fewer,

15  which has an emergency room and is located in an area defined

16  as rural by the United States Census, and which is:

17         (a)  The sole provider within a county with a

18  population density of no greater than 100 persons per square

19  mile;

20         (b)  An acute care hospital, in a county with a

21  population density of no greater than 100 persons per square

22  mile, which is at least 30 minutes of travel time, on normally

23  traveled roads under normal traffic conditions, from another

24  acute care hospital within the same county; or

25         (c)  A hospital supported by a tax district or

26  subdistrict whose boundaries encompass a population of 100

27  persons or less per square mile.

28         (43)(48)  "Special study" means a nonrecurring

29  data-gathering and analysis effort designed to aid the agency

30  for Health Care Administration in meeting its responsibilities

31  pursuant to this chapter.

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  1         (44)(49)  "Teaching hospital" means any hospital

  2  formally affiliated with an accredited medical school which

  3  that exhibits activity in the area of medical education as

  4  reflected by at least seven different resident physician

  5  specialties and the presence of 100 or more resident

  6  physicians.

  7         Section 18.  Section 408.08, Florida Statutes, is

  8  amended to read:

  9         408.08  Inspections and audits; violations; penalties;

10  fines; enforcement.--

11         (1)  The agency may inspect and audit books and records

12  of individual or corporate ownership, including books and

13  records of related organizations with which a health care

14  provider or a health care facility had transactions, for

15  compliance with this chapter.  Upon presentation of a written

16  request for inspection to a health care provider or a health

17  care facility by the agency or its staff, the health care

18  provider or the health care facility shall make available to

19  the agency or its staff for inspection, copying, and review

20  all books and records relevant to the determination of whether

21  the health care provider or the health care facility has

22  complied with this chapter.

23         (2)  The board shall annually compare the audited

24  actual experience of each hospital to the audited actual

25  experience of that hospital for the previous year.

26         (a)  For a hospital submitting a budget letter, if the

27  board determines that the audited actual experience of the

28  hospital exceeded its previous year's audited actual

29  experience by more than the maximum allowable rate of increase

30  as certified in the budget letter plus any banked points

31  utilized in the budget letter, the amount of such excess shall

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  1  be determined by the board and a penalty shall be levied

  2  against such hospital pursuant to subsection (3).

  3         (b)  For a hospital subject to budget review, if the

  4  board determines that the audited actual experience of the

  5  hospital exceeded its previous year's audited actual

  6  experience by more than the most recent approved budget or the

  7  most recent approved budget as amended, the amount of such

  8  excess shall be determined by the board, and a penalty shall

  9  be levied against such hospital pursuant to subsection (3).

10         (c)  For a hospital submitting a budget letter and for

11  a hospital subject to budget review, the board shall annually

12  compare each hospital's audited actual experience for net

13  revenues per adjusted admission to the hospital's audited

14  actual experience for net revenues per adjusted admission for

15  the previous year.  If the rate of increase in net revenues

16  per adjusted admission between the previous year and the

17  current year was less than the market basket index, the

18  hospital may carry forward the difference and earn up to a

19  cumulative maximum of 3 banked net revenue percentage points.

20  Such banked net revenue percentage points shall be available

21  to the hospital to offset, in any future year, penalties for

22  exceeding the approved budget or the maximum allowable rate of

23  increase as set forth in subsection (3). Nothing in this

24  paragraph shall be used by a hospital to justify the approval

25  of a budget or a budget amendment by the board in excess of

26  the maximum allowable rate of increase pursuant to s. 408.072.

27         (3)  Penalties shall be assessed as follows:

28         (a)  For the first occurrence within a 5-year period,

29  the board shall prospectively reduce the current budget of the

30  hospital by the amount of the excess up to 5 percent; and, if

31  such excess is greater than 5 percent over the maximum

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  1  allowable rate of increase, any amount in excess of 5 percent

  2  shall be levied by the board as a fine against such hospital

  3  to be deposited in the Public Medical Assistance Trust Fund.

  4         (b)  For the second occurrence with the 5-year period

  5  following the first occurrence as set forth in paragraph (a),

  6  the board shall prospectively reduce the current budget of the

  7  hospital by the amount of the excess up to 2 percent; and, if

  8  such excess is greater than 2 percent over the maximum

  9  allowable rate of increase, any amount in excess of 2 percent

10  shall be levied by the board as a fine against such hospital

11  to be deposited in the Public Medical Assistance Trust Fund.

12         (c)  For the third occurrence within the 5-year period

13  following the first occurrence as set forth in paragraph (a),

14  the board shall:

15         1.  Levy a fine against the hospital in the total

16  amount of the excess, to be deposited in the Public Medical

17  Assistance Trust Fund.

18         2.  Notify the agency of the violation, whereupon the

19  agency shall not accept any application for a certificate of

20  need pursuant to ss. 408.031-408.045 from or on behalf of such

21  hospital until such time as the hospital has demonstrated to

22  the satisfaction of the board that, following the date the

23  penalty was imposed under subparagraph 1., the hospital has

24  stayed within its projected or amended budget or its

25  applicable maximum allowable rate of increase for a period of

26  at least 1 year.  However, this provision does not apply with

27  respect to a certificate-of-need application filed to satisfy

28  a life or safety code violation.

29         3.  Upon a determination that the hospital knowingly

30  and willfully generated such excess, notify the agency,

31  whereupon the agency shall initiate disciplinary proceedings

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  1  to deny, modify, suspend, or revoke the license of such

  2  hospital or impose an administrative fine on such hospital not

  3  to exceed $20,000.

  4

  5  The determination of the amount of any such excess shall be

  6  based upon net revenues per adjusted admission, excluding

  7  funds distributed to the hospital from the Public Medical

  8  Assistance Trust Fund.  However, in making such determination,

  9  the board shall appropriately reduce the amount of the excess

10  by the total amount of the assessment paid by such hospital

11  pursuant to s. 395.701 minus the amount of revenues received

12  by the hospital through the Public Medical Assistance Trust

13  Fund.  It is the responsibility of the hospital to demonstrate

14  to the satisfaction of the board its entitlement to such

15  reduction.  It is the intent of the Legislature that the

16  Health Care Board, in levying any penalty imposed against a

17  hospital for exceeding its maximum allowable rate of increase

18  or its approved budget pursuant to this subsection, consider

19  the effect of changes in the case mix of the hospital and in

20  the hospital's intensity and severity of illness as measured

21  by changes in the hospital's actual proportion of outlier

22  cases to total cases and dollar increases in outlier cases'

23  average charge per case.  It is the responsibility of the

24  hospital to demonstrate to the satisfaction of the board any

25  change in its case mix and in its intensity and severity of

26  illness.  For psychiatric hospitals and other hospitals not

27  reimbursed under a prospective payment system by the Federal

28  Government, until a proxy for case mix is available, the board

29  shall also reduce the amount of excess by the change in a

30  hospital's audited actual average length of stay without any

31  thresholds or limitations.

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  1         (4)  The following factors may be used by the board to

  2  reduce the amount of excess of the hospital as determined

  3  pursuant to this section:

  4         (a)  Unforeseen and unforeseeable events which affect

  5  the net revenue per adjusted admission and which are beyond

  6  the control of the hospital, such as prior year Medicare cost

  7  report settlements, retroactive changes in Medicare

  8  reimbursement methodology, and increases in malpractice

  9  insurance premiums, which occurred in the last 3 months of the

10  hospital fiscal year during which the hospital generated the

11  excess; or

12         (b)  Imposition of the penalty would have a severe

13  adverse effect which would jeopardize the continued existence

14  of an otherwise economically viable hospital.

15         (5)  The board shall reduce the amount of the excess

16  for hospitals submitting budget letters pursuant to s.

17  408.072(3)(a) by the amount of any documented costs from

18  financial assistance provided to expand or supplement the

19  curriculum of a community college, university, or vocational

20  training school for the purpose of training nurses or other

21  health professionals, not including physicians.  Financial

22  assistance would include, but not be limited to, the direct

23  costs for faculty salaries and expenses, books, equipment,

24  recruiting efforts, tuition assistance, and hospital

25  internships.  The reduction would be based on actual

26  documented expenses increased by the gross revenues necessary

27  to generate net revenues sufficient to cover the expenses.

28         (6)  If the board finds that any hospital chief

29  executive officer or any person who is in charge of hospital

30  administration or operations has knowingly and willfully

31  allowed or authorized actual operating revenues or

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  1  expenditures that are in excess of projected operating

  2  revenues or expenditures in the hospital's approved budget,

  3  the board shall order such officer or person to pay an

  4  administrative fine not to exceed $5,000.

  5         (7)  For hospitals filing budget letters, the board

  6  shall annually compare the audited actual experience of each

  7  hospital for the year under review to the audited actual

  8  experience of that hospital for the previous year.  For

  9  hospitals which submitted detailed budgets or budget

10  amendments, the board shall compare the audited actual

11  experience of each hospital for the year under review to its

12  approved gross revenue per adjusted admission for the year

13  under review, for purposes of levying an administrative fine.

14         (a)  For a hospital submitting a budget letter pursuant

15  to s. 408.072(3)(a), if the board determines that the audited

16  actual experience for the year under review exceeded the

17  hospital's previous year's audited actual experience by more

18  than the maximum allowable rate of increase as certified in

19  the budget letter plus any banked points utilized in the

20  budget letter, the amount of the excess shall be determined

21  and an administrative fine shall be levied against such

22  hospital pursuant to subsection (8).

23         (b)  For a hospital which submitted a budget pursuant

24  to s. 408.072(1), or a budget amendment pursuant to s.

25  408.072(6), if the board determines that the gross revenue per

26  adjusted admission contained in the hospital's audited actual

27  experience exceeded its board-approved gross revenue per

28  adjusted admission, the amount of the excess shall be

29  determined and an administrative fine shall be levied against

30  such hospital pursuant to subsection (8).

31

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  1         (8)  If the board determines that an excess exists

  2  pursuant to subsection (7), the board shall multiply the

  3  excess by the number of actual adjusted admissions contained

  4  in the year at issue to determine the amount of the base fine.

  5  The base fine shall be multiplied by the applicable occurrence

  6  factor to determine the amount of the administrative fine

  7  levied against the hospital.

  8         (a)  For the first occurrence within a 5-year period,

  9  the applicable occurrence factor shall be 0.25.  For the

10  second occurrence within a 5-year period, the applicable

11  occurrence factor shall be 0.55.  For the third occurrence

12  within a 5-year period, the applicable occurrence factor shall

13  be 1.0.

14         (b)  In no event shall any administrative fine levied

15  pursuant to this subsection exceed $365,000.

16         (9)  In levying any administrative fine against a

17  hospital pursuant to subsection (8), the board shall consider

18  the effect of any changes in the hospital's case mix, and in

19  the hospital's intensity and severity of illness as measured

20  by changes in the hospital's actual proportion of outlier

21  cases to total cases and dollar increases in outlier cases'

22  average charge per case.  The board shall adjust the amount of

23  any excess by the changes in the hospital's case mix and in

24  its intensity and severity of illness, based upon certified

25  hospital patient discharge data provided to the board pursuant

26  to s. 408.061.  For psychiatric hospitals and other hospitals

27  not reimbursed under a prospective payment system by the

28  Federal Government, until a proxy for case mix is available,

29  the board shall adjust the amount of any excess by the change

30  in a hospital's audited actual average length of stay without

31  any thresholds or limitation.

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  1         (10)  In levying any administrative fine against a

  2  hospital pursuant to subsection (8), it is the intent of the

  3  Legislature that if a hospital can demonstrate to the

  4  satisfaction of the board that it operated within its approved

  5  gross revenue per adjusted admission for the first 8 months of

  6  its fiscal year and did not increase its prices, except for

  7  exceptions determined by the board during the last 5 months of

  8  its fiscal year, it shall not be subject to any administrative

  9  fine levied pursuant to subsection (8).

10         (11)  It is the further intent of the Legislature that

11  if a hospital can demonstrate to the satisfaction of the board

12  that it did not increase its prices on average in excess of

13  the MARI for the prior year, it shall not be subject to any

14  administrative fine levied pursuant to subsection (8).

15         (12)  If the board finds that any hospital chief

16  executive officer or any person who is in charge of hospital

17  administration or operations has knowingly and willfully

18  allowed or authorized gross revenue per adjusted admission,

19  net revenue per adjusted admission, or rates of increase that

20  are in excess of gross or net revenue per adjusted admission,

21  or rates of increase in the hospital's approved budget, budget

22  amendment, or budget letter, the agency shall order such

23  officer or person to pay an administrative fine not to exceed

24  $5,000.

25         (2)(13)  Any health care facility that refuses to file

26  a report, fails to timely file a report, files a false report,

27  or files an incomplete report and upon notification fails to

28  timely file a complete report required under this section and

29  s. 408.061; that violates any provision of this section, s.

30  408.061, or s. 408.20, or rule adopted thereunder; or that

31  fails to provide documents or records requested by the agency

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  1  under the provisions of this chapter shall be punished by a

  2  fine not exceeding $1,000 per day for each day in violation,

  3  to be imposed and collected by the agency.

  4         (3)(14)  Any health care provider that refuses to file

  5  a report, fails to timely file a report, files a false report,

  6  or files an incomplete report and upon notification fails to

  7  timely file a complete report required under this section and

  8  s. 408.061; that violates any provision of this section, s.

  9  408.061, or s. 408.20, or rule adopted thereunder; or that

10  fails to provide documents or records requested by the agency

11  under the provisions of this chapter shall be referred to the

12  appropriate licensing board which shall take appropriate

13  action against the health care provider.

14         (4)(15)  If In the event that a health insurer does not

15  comply with the requirements of s. 408.061, the agency shall

16  report a health insurer's failure to comply to the Department

17  of Insurance, which shall take into account the failure by the

18  health insurer to comply in conjunction with its approval

19  authority under s. 627.410.  The agency shall adopt any rules

20  necessary to carry out its responsibilities required by this

21  subsection.

22         (5)(16)  Refusal to file, failure to timely file, or

23  filing false or incomplete reports or other information

24  required to be filed under the provisions of this chapter,

25  failure to pay or failure to timely pay any assessment

26  authorized to be collected by the agency, or violation of any

27  other provision of this chapter or lawfully entered order of

28  the agency or rule adopted under this chapter, shall be

29  punished by a fine not exceeding $1,000 a day for each day in

30  violation, to be fixed, imposed, and collected by the agency.

31  Each day in violation shall be considered a separate offense.

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  1         (6)(17)  Notwithstanding any other provisions of this

  2  chapter, when a hospital alleges that a factual determination

  3  made by the agency board is incorrect, the burden of proof

  4  shall be on the hospital to demonstrate that such

  5  determination is, in light of the total record, not supported

  6  by a preponderance of the evidence. The burden of proof

  7  remains with the hospital in all cases involving

  8  administrative agency action.

  9         Section 19.  Section 408.40, Florida Statutes, is

10  amended to read:

11         408.40  Budget review proceedings; duty of Public

12  Counsel.--

13         (1)  Notwithstanding any other provisions of this

14  chapter, it shall be the duty of the Public Counsel shall to

15  represent the general public of the state in any proceeding

16  before the agency or its advisory panels in any administrative

17  hearing conducted pursuant to the provisions of chapter 120 or

18  before any other state and federal agencies and courts in any

19  issue before the agency, any court, or any agency. With

20  respect to any such proceeding, the Public Counsel is subject

21  to the provisions of and may use utilize the powers granted to

22  him or her by ss. 350.061-350.0614.

23         (2)  The Public Counsel shall:

24         (a)  Recommend to the agency, by petition, the

25  commencement of any proceeding or action or to appear, in the

26  name of the state or its citizens, in any proceeding or action

27  before the agency and urge therein any position that which he

28  or she deems to be in the public interest, whether consistent

29  or inconsistent with positions previously adopted by the

30  agency, and use utilize therein all forms of discovery

31  available to attorneys in civil actions generally, subject to

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  1  protective orders of the agency, which shall be reviewable by

  2  summary procedure in the circuit courts of this state.

  3         (b)  Have access to and use of all files, records, and

  4  data of the agency available to any other attorney

  5  representing parties in a proceeding before the agency.

  6         (c)  In any proceeding in which he or she has

  7  participated as a party, seek review of any determination,

  8  finding, or order of the agency, or of any administrative law

  9  judge, or any hearing officer or hearing examiner designated

10  by the agency, in the name of the state or its citizens.

11         (d)  Prepare and issue reports, recommendations, and

12  proposed orders to the agency, the Governor, and the

13  Legislature on any matter or subject within the jurisdiction

14  of the agency, and to make such recommendations as he or she

15  deems appropriate for legislation relative to agency

16  procedures, rules, jurisdiction, personnel, and functions.

17         (e)  Appear before other state agencies, federal

18  agencies, and state and federal courts in connection with

19  matters under the jurisdiction of the agency, in the name of

20  the state or its citizens.

21         Section 20.  Paragraph (e) of subsection (10) and

22  subsection (14) of section 409.2673, Florida Statutes, are

23  amended to read:

24         409.2673  Shared county and state health care program

25  for low-income persons; trust fund.--

26         (10)  Under the shared county and state program,

27  reimbursement to a hospital for services for an eligible

28  person must:

29         (e)  Be conditioned, for tax district hospitals that

30  deliver services as part of this program, on the delivery of

31  charity care, as defined in the rules of the Agency for Health

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  1  Care Administration Health Care Cost Containment Board, which

  2  equals a minimum of 2.5 percent of the tax district hospital's

  3  net revenues; however, those tax district hospitals which by

  4  virtue of the population within the geographic boundaries of

  5  the tax district can not feasibly provide this level of

  6  charity care shall assure an "open door" policy to those

  7  residents of the geographic boundaries of the tax district who

  8  would otherwise be considered charity cases.

  9         (14)  Any dispute among a county, the Agency for Health

10  Care Administration Health Care Cost Containment Board, the

11  department, or a participating hospital shall be resolved by

12  order as provided in chapter 120.  Hearings held under this

13  subsection shall be conducted in the same manner as provided

14  in ss. 120.569 and 120.57, except that the administrative law

15  judge's or hearing officer's order constitutes final agency

16  action. Cases filed under chapter 120 may combine all relevant

17  disputes between parties.

18         Section 21.  Section 409.9113, Florida Statutes, is

19  amended to read:

20         409.9113  Disproportionate share program for teaching

21  hospitals.--In addition to the payments made under ss. 409.911

22  and 409.9112, the Agency for Health Care Administration

23  Department of Health and Rehabilitative Services shall make

24  disproportionate share payments to statutorily defined

25  teaching hospitals for their increased costs associated with

26  medical education programs and for tertiary health care

27  services provided to the indigent.  This system of payments

28  shall conform with federal requirements and shall distribute

29  funds in each fiscal year for which an appropriation is made

30  by making quarterly Medicaid payments.  Notwithstanding the

31  provisions of s. 409.915, counties are exempt from

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  1  contributing toward the cost of this special reimbursement for

  2  hospitals serving a disproportionate share of low-income

  3  patients.

  4         (1)  On or before September 15 of each year, the Agency

  5  for Health Care Administration shall calculate an allocation

  6  fraction to be used for distributing funds to state statutory

  7  teaching hospitals. Subsequent to the end of each quarter of

  8  the state fiscal year, the agency department shall distribute

  9  to each statutory teaching hospital, as defined in s. 408.07,

10  an amount determined by multiplying one-fourth of the funds

11  appropriated for this purpose by the Legislature times such

12  hospital's allocation fraction.  The allocation fraction for

13  each such hospital shall be determined by the sum of three

14  primary factors, divided by three. The primary factors are:

15         (a)  The number of nationally accredited graduate

16  medical education programs offered by the hospital, including

17  programs accredited by the Accreditation Council for Graduate

18  Medical Education and the combined Internal Medicine and

19  Pediatrics programs acceptable to both the American Board of

20  Internal Medicine and the American Board of Pediatrics at the

21  beginning of the state fiscal year preceding the date on which

22  the allocation fraction is calculated.  The numerical value of

23  this factor is the fraction that the hospital represents of

24  the total number of programs, where the total is computed for

25  all state statutory teaching hospitals.

26         (b)  The number of full-time equivalent trainees in the

27  hospital, which comprises two components:

28         1.  The number of trainees enrolled in nationally

29  accredited graduate medical education programs, as defined in

30  paragraph (a).  Full-time equivalents are computed using the

31  fraction of the year during which each trainee is primarily

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  1  assigned to the given institution, over the state fiscal year

  2  preceding the date on which the allocation fraction is

  3  calculated. The numerical value of this factor is the fraction

  4  that the hospital represents of the total number of full-time

  5  equivalent trainees enrolled in accredited graduate programs,

  6  where the total is computed for all state statutory teaching

  7  hospitals.

  8         2.  The number of medical students enrolled in

  9  accredited colleges of medicine and engaged in clinical

10  activities, including required clinical clerkships and

11  clinical electives.  Full-time equivalents are computed using

12  the fraction of the year during which each trainee is

13  primarily assigned to the given institution, over the course

14  of the state fiscal year preceding the date on which the

15  allocation fraction is calculated. The numerical value of this

16  factor is the fraction that the given hospital represents of

17  the total number of full-time equivalent students enrolled in

18  accredited colleges of medicine, where the total is computed

19  for all state statutory teaching hospitals.

20

21  The primary factor for full-time equivalent trainees is

22  computed as the sum of these two components, divided by two.

23         (c)  A service index that which comprises three

24  components:

25         1.  The Agency for Health Care Administration Health

26  Care Cost Containment Board Service Index, computed by

27  applying the standard Service Inventory Scores established by

28  the Agency for Health Care Administration Health Care Cost

29  Containment Board to services offered by the given hospital,

30  as reported on the Health Care Cost Containment Board

31  Worksheet A-2 for the last fiscal year reported to the agency

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  1  board before the date on which the allocation fraction is

  2  calculated.  The numerical value of this factor is the

  3  fraction that the given hospital represents of the total

  4  Agency for Health Care Administration Health Care Cost

  5  Containment Board Service Index values, where the total is

  6  computed for all state statutory teaching hospitals.

  7         2.  A volume-weighted service index, computed by

  8  applying the standard Service Inventory Scores established by

  9  the Agency for Health Care Administration Health Care Cost

10  Containment Board to the volume of each service, expressed in

11  terms of the standard units of measure reported on the Health

12  Care Cost Containment Board Worksheet A-2 for the last fiscal

13  year reported to the agency board before the date on which the

14  allocation factor is calculated.  The numerical value of this

15  factor is the fraction that the given hospital represents of

16  the total volume-weighted service index values, where the

17  total is computed for all state statutory teaching hospitals.

18         3.  Total Medicaid payments to each hospital for direct

19  inpatient and outpatient services during the fiscal year

20  preceding the date on which the allocation factor is

21  calculated.  This includes payments made to each hospital for

22  such services by Medicaid prepaid health plans, whether the

23  plan was administered by the hospital or not.  The numerical

24  value of this factor is the fraction that each hospital

25  represents of the total of such Medicaid payments, where the

26  total is computed for all state statutory teaching hospitals.

27

28  The primary factor for the service index is computed as the

29  sum of these three components, divided by three.

30         (2)  By October 1 of each year, the agency shall use

31  the following formula shall be utilized by the department to

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  1  calculate the maximum additional disproportionate share

  2  payment for statutorily defined teaching hospitals:

  3

  4                          TAP = THAF x A

  5

  6  Where:

  7         TAP = total additional payment.

  8         THAF = teaching hospital allocation factor.

  9         A = amount appropriated for a teaching hospital

10  disproportionate share program.

11

12         (3)  The Health Care Cost Containment Board shall

13  report to the department the statutory teaching hospital

14  allocation fraction prior to October 1 of each year.

15         Section 22.  Subsection (9) of section 395.403, Florida

16  Statutes, and sections 407.61, 408.003, 408.072, and 408.085,

17  Florida Statutes, are hereby repealed.

18         Section 23.  The repeal of laws governing the review of

19  hospital budgets and related penalties contained in this act

20  operates retroactively and applies to any hospital budget

21  prepared for a fiscal year that ended during the 1996 calendar

22  year.

23         Section 24.  Subsection (6) of section 381.026, Florida

24  Statutes, is amended to read:

25         381.026  Florida Patient's Bill of Rights and

26  Responsibilities.--

27         (6)  SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any

28  health care provider who treats a patient in an office or any

29  health care facility licensed under chapter 395 that provides

30  emergency services and care or outpatient services and care to

31  a patient, or admits and treats a patient, shall adopt and

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  1  make available to the patient public, in writing, a statement

  2  of the rights and responsibilities of patients, including:

  3

  4              SUMMARY OF THE FLORIDA PATIENT'S BILL

  5                  OF RIGHTS AND RESPONSIBILITIES

  6

  7         Florida law requires that your health care provider or

  8  health care facility recognize your rights while you are

  9  receiving medical care and that you respect the health care

10  provider's or health care facility's right to expect certain

11  behavior on the part of patients.  You may request a copy of

12  the full text of this law from your health care provider or

13  health care facility.  A summary of your rights and

14  responsibilities follows:

15         A patient has the right to be treated with courtesy and

16  respect, with appreciation of his or her individual dignity,

17  and with protection of his or her need for privacy.

18         A patient has the right to a prompt and reasonable

19  response to questions and requests.

20         A patient has the right to know who is providing

21  medical services and who is responsible for his or her care.

22         A patient has the right to know what patient support

23  services are available, including whether an interpreter is

24  available if he or she does not speak English.

25         A patient has the right to know what rules and

26  regulations apply to his or her conduct.

27         A patient has the right to be given by the health care

28  provider information concerning diagnosis, planned course of

29  treatment, alternatives, risks, and prognosis.

30         A patient has the right to refuse any treatment, except

31  as otherwise provided by law.

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  1         A patient has the right to be given, upon request, full

  2  information and necessary counseling on the availability of

  3  known financial resources for his or her care.

  4         A patient who is eligible for Medicare has the right to

  5  know, upon request and in advance of treatment, whether the

  6  health care provider or health care facility accepts the

  7  Medicare assignment rate.

  8         A patient has the right to receive, upon request, prior

  9  to treatment, a reasonable estimate of charges for medical

10  care.

11         A patient has the right to receive a copy of a

12  reasonably clear and understandable, itemized bill and, upon

13  request, to have the charges explained.

14         A patient has the right to impartial access to medical

15  treatment or accommodations, regardless of race, national

16  origin, religion, physical handicap, or source of payment.

17         A patient has the right to treatment for any emergency

18  medical condition that will deteriorate from failure to

19  provide treatment.

20         A patient has the right to know if medical treatment is

21  for purposes of experimental research and to give his or her

22  consent or refusal to participate in such experimental

23  research.

24         A patient has the right to express grievances regarding

25  any violation of his or her rights, as stated in Florida law,

26  through the grievance procedure of the health care provider or

27  health care facility which served him or her and to the

28  appropriate state licensing agency.

29         A patient is responsible for providing to the health

30  care provider, to the best of his or her knowledge, accurate

31  and complete information about present complaints, past

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  1  illnesses, hospitalizations, medications, and other matters

  2  relating to his or her health.

  3         A patient is responsible for reporting unexpected

  4  changes in his or her condition to the health care provider.

  5         A patient is responsible for reporting to the health

  6  care provider whether he or she comprehends a contemplated

  7  course of action and what is expected of him or her.

  8         A patient is responsible for following the treatment

  9  plan recommended by the health care provider.

10         A patient is responsible for keeping appointments and,

11  when he or she is unable to do so for any reason, for

12  notifying the health care provider or health care facility.

13         A patient is responsible for his or her actions if he

14  or she refuses treatment or does not follow the health care

15  provider's instructions.

16         A patient is responsible for assuring that the

17  financial obligations of his or her health care are fulfilled

18  as promptly as possible.

19         A patient is responsible for following health care

20  facility rules and regulations affecting patient care and

21  conduct.

22         Section 25.  Section 381.0261, Florida Statutes, is

23  amended to read:

24         381.0261  Distribution of Summary of patient's bill of

25  rights; distribution; penalty.--

26         (1)  The Agency for Health Care Administration

27  Department of Health and Rehabilitative Services shall have

28  printed and made continuously available to health care

29  facilities licensed under chapter 395, physicians licensed

30  under chapter 458, osteopathic physicians licensed under

31  chapter 459, and podiatrists licensed under chapter 461 a

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  1  summary of the Florida Patient's Bill of Rights and

  2  Responsibilities.  In adopting and making available to

  3  patients public the summary of the Florida Patient's Bill of

  4  Rights and Responsibilities, health care providers and health

  5  care facilities are not limited to the format in which the

  6  Agency for Health Care Administration Department of Health and

  7  Rehabilitative Services prints and distributes the summary.

  8         (2)  Health care providers and health care facilities

  9  shall inform patients of the address and telephone number of

10  each state agency responsible for responding to patient

11  complaints about a health care provider or health care

12  facility's alleged noncompliance with state licensing

13  requirements established pursuant to law.

14         (3)  Health care facilities shall adopt policies and

15  procedures to ensure that inpatients are provided the

16  opportunity during the course of admission to receive

17  information regarding their rights and how to file complaints

18  with the facility and appropriate state agencies.

19         (4)  An administrative fine may be imposed by the

20  agency when any health care provider or health care facility

21  fails to make available to patients a summary of their rights,

22  pursuant to ss. 381.026 and this section.  Initial nonwillful

23  violations shall be subject to corrective action and shall not

24  be subject to an administrative fine. The agency may levy a

25  fine of up to $5,000 for repeated nonwillful violations, and

26  up to $25,000 for willful violations. Each willful violation

27  constitutes a separate violation and is subject to a separate

28  fine.

29         (5)  In determining the amount of fine to be levied for

30  a violation, as provided in subsection (4), the following

31  factors shall be considered:

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  1         (a)  The scope and severity of the violation, including

  2  the number of patients found to have not received notice of

  3  patient rights, and whether the failure to provide notice to

  4  patients was willful.

  5         (b)  Actions taken by the health care provider or

  6  health care facility to correct the violations or to remedy

  7  complaints.

  8         (c)  Any previous violations of this section by the

  9  health care provider or health care facility.

10         Section 26.  Subsections (2) and (15) of section

11  395.002, Florida Statutes, are hereby repealed:

12         395.002  Definitions.--As used in this chapter:

13         (2)  "Adverse or untoward incident," for purposes of

14  reporting to the agency, means an event over which health care

15  personnel could exercise control, which is probably associated

16  in whole or in part with medical intervention rather than the

17  condition for which such intervention occurred, and which

18  causes injury to a patient, and which:

19         (a)  Is not consistent with or expected to be a

20  consequence of such medical intervention;

21         (b)  Occurs as a result of medical intervention to

22  which the patient has not given his or her informed consent;

23         (c)  Occurs as the result of any other action or lack

24  of any other action on the part of the hospital or personnel

25  of the hospital;

26         (d)  Results in a surgical procedure being performed on

27  the wrong patient; or

28         (e)  Results in a surgical procedure being performed

29  that is unrelated to the patient's diagnosis or medical needs.

30

31

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  1         (15)  "Injury," for purposes of reporting to the

  2  agency, means any of the following outcomes if caused by an

  3  adverse or untoward incident:

  4         (a)  Death;

  5         (b)  Brain damage;

  6         (c)  Spinal damage;

  7         (d)  Permanent disfigurement;

  8         (e)  Fracture or dislocation of bones or joints;

  9         (f)  Any condition requiring definitive or specialized

10  medical attention which is not consistent with the routine

11  management of the patient's case or patient's preexisting

12  physical condition;

13         (g)  Any condition requiring surgical intervention to

14  correct or control;

15         (h)  Any condition resulting in transfer of the

16  patient, within or outside the facility, to a unit providing a

17  more acute level of care;

18         (i)  Any condition that extends the patient's length of

19  stay; or

20         (j)  Any condition that results in a limitation of

21  neurological, physical, or sensory function which continues

22  after discharge from the facility.

23         Section 27.  Present subsections (3), (4), (5), and (7)

24  of section 395.0193, Florida Statutes, are amended, present

25  subsections (6), (7), (8), and (9) are renumbered as

26  subsections (7), (8), (9), and (10), respectively, and a new

27  subsection (6) is added to said section, to read:

28         395.0193  Licensed facilities; peer review;

29  disciplinary powers; agency or partnership with physicians.--

30         (3)  If reasonable belief exists that conduct by a

31  staff member or physician who delivers health care services at

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  1  the licensed facility may constitute one or more grounds for

  2  discipline as provided in this subsection, a peer review panel

  3  shall investigate and determine whether grounds for discipline

  4  exist with respect to such staff member or physician.  The

  5  governing board of any licensed facility, after considering

  6  the recommendations of its peer review panel, shall suspend,

  7  deny, revoke, or curtail the privileges, or reprimand,

  8  counsel, or require education, of any such staff member or

  9  physician after a final determination has been made that one

10  or more of the following grounds exist:

11         (a)  Incompetence.

12         (b)  Being found to be a habitual user of intoxicants

13  or drugs to the extent that he or she is deemed dangerous to

14  himself, herself, or others.

15         (c)  Mental or physical impairment which may adversely

16  affect patient care.

17         (d)  Being found liable by a court of competent

18  jurisdiction for medical negligence or malpractice involving

19  negligent conduct.

20         (e)  One or more settlements exceeding $10,000 for

21  medical negligence or malpractice involving negligent conduct

22  by the staff member.

23         (f)  Medical negligence other than as specified in

24  paragraph (d) or paragraph (e).

25         (g)  Failure to comply with the policies, procedures,

26  or directives of the risk management program or any quality

27  assurance committees of any licensed facility.

28

29  However, the grounds specified in paragraphs (a)-(g) are not

30  the only grounds for discipline of a practitioner. procedures

31  for such actions shall comply with the standards outlined by

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  1  the Joint Commission on Accreditation of Healthcare

  2  Organizations, the American Osteopathic Association, the

  3  Commission on Accreditation of Rehabilitation Facilities, the

  4  Accreditation Association for Ambulatory Health Care, Inc.,

  5  and the "Medicare/Medicaid Conditions of Participation," and

  6  rules of the agency and the department.  The procedures shall

  7  be adopted pursuant to hospital bylaws.

  8         (4)  Pursuant to ss. 458.337 and 459.016, any

  9  disciplinary actions taken under subsection (3) shall be

10  reported in writing to the Division of Health Quality

11  Assurance of the agency within 30 working days after its

12  initial occurrence, regardless of the pendency of appeals. The

13  notification shall identify the disciplined practitioner, the

14  action taken, and the reason for such action. All final

15  disciplinary actions taken under subsection (3), if different

16  than those which were reported to the agency within 30 days

17  after the initial occurrence, shall be reported within 10

18  working days to the Division of Health Quality Assurance of

19  the agency in writing and shall specify the disciplinary

20  action taken and the specific grounds therefor.  The division

21  shall review each report and determine whether it potentially

22  involved conduct by the licensee that is subject to

23  disciplinary action, in which case s. 455.225 shall apply. The

24  reports are not report shall not be subject to inspection

25  under s. 119.07(1) even if the division's investigation

26  results in a finding of probable cause.

27         (5)  There shall be no monetary liability on the part

28  of, and no cause of action for damages against, any licensed

29  facility, its governing board or governing board members, peer

30  review panel, medical staff, or disciplinary body, or its

31  agents, investigators, witnesses, or employees; a committee of

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  1  a hospital, a physician-hospital organization, or an

  2  integrated delivery system;, or any other person, for any

  3  action taken without intentional fraud in carrying out the

  4  provisions of this section.

  5         (6)  For a single incident or series of isolated

  6  incidents that are nonwillful violations of the reporting

  7  requirements of this section, the agency shall first seek to

  8  obtain corrective action by the facility. If correction is not

  9  demonstrated within the timeframe established by the agency or

10  if there is a pattern of nonwillful violations of this

11  section, the agency may impose an administrative fine, not to

12  exceed $5,000 for any violation of the reporting requirements

13  of this section. The administrative fine for repeated

14  nonwillful violations shall not exceed $10,000 for any

15  violation. The administrative fine for each willful violation

16  shall not exceed $25,000 per violation, per day. Each day of

17  willful violation constitutes a separate violation and is

18  subject to a separate fine. In determining the amount of fine

19  to be levied, the agency shall be guided by s. 395.1065(2)(b).

20         (8)(7)  The investigations, proceedings, and records of

21  the peer review panel, a committee of a hospital, a

22  physician-hospital organization, an integrated delivery

23  system, a disciplinary board, or a governing board, or agent

24  thereof with whom there is a specific written contract for

25  that purpose, as described in this section shall not be

26  subject to discovery or introduction into evidence in any

27  civil or administrative action against a provider of

28  professional health services arising out of the matters which

29  are the subject of evaluation and review by such group or its

30  agent, and a person who was in attendance at a meeting of such

31  group or its agent may not be permitted or required to testify

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  1  in any such civil or administrative action as to any evidence

  2  or other matters produced or presented during the proceedings

  3  of such group or its agent or as to any findings,

  4  recommendations, evaluations, opinions, or other actions of

  5  such group or its agent or any members thereof. However,

  6  information, documents, or records otherwise available from

  7  original sources are not to be construed as immune from

  8  discovery or use in any such civil or administrative action

  9  merely because they were presented during proceedings of such

10  group, and any person who testifies before such group or who

11  is a member of such group may not be prevented from testifying

12  as to matters within his or her knowledge, but such witness

13  may not be asked about his or her testimony before such a

14  group or opinions formed by him or her as a result of such

15  group hearings.

16         Section 28.  Section 395.0197, Florida Statutes, is

17  amended to read:

18         395.0197  Internal risk management program.--

19         (1)  Every licensed facility shall, as a part of its

20  administrative functions, establish an internal risk

21  management program that includes all of the following

22  components:

23         (a)  The investigation and analysis of the frequency

24  and causes of general categories and specific types of adverse

25  incidents causing injury to patients.

26         (b)  The development of appropriate measures to

27  minimize the risk of injuries and adverse incidents to

28  patients, including, but not limited to:

29         1.  Risk management and risk prevention education and

30  training of all nonphysician personnel as follows:

31

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  1         a.  Such education and training of all nonphysician

  2  personnel as part of their initial orientation; and

  3         b.  At least 1 hour of such education and training

  4  annually for all nonphysician personnel of the licensed

  5  facility working in clinical areas and providing patient care.

  6         2.  A prohibition, except when emergency circumstances

  7  require otherwise, against a staff member of the licensed

  8  facility attending a patient in the recovery room, unless the

  9  staff member is authorized to attend the patient in the

10  recovery room and is in the company of at least one other

11  person.  However, a hospital is exempt from the two-person

12  requirement if it has:

13         a.  Live visual observation;

14         b.  Electronic observation; or

15         c.  Any other reasonable measure taken to ensure

16  patient protection and privacy.

17         (c)  The analysis of patient grievances that relate to

18  patient care and the quality of medical services.

19         (d)  The development and implementation of an incident

20  reporting system based upon the affirmative duty of all health

21  care providers and all agents and employees of the licensed

22  health care facility to report adverse incidents to the risk

23  manager, or to his or her designee, within 3 business days

24  after its occurrence.

25         (2)  The internal risk management program is the

26  responsibility of the governing board of the health care

27  facility. Each licensed facility shall hire a risk manager,

28  licensed under part IX of chapter 626, who is responsible for

29  implementation and oversight of such facility's internal risk

30  management program as required by this section.  A risk

31  manager must not be made responsible for more than four

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  1  internal risk management programs in separate licensed

  2  facilities, unless the facilities are under one corporate

  3  ownership or the risk management programs are in rural

  4  hospitals.

  5         (3)  In addition to the programs mandated by this

  6  section, other innovative approaches intended to reduce the

  7  frequency and severity of medical malpractice and patient

  8  injury claims shall be encouraged and their implementation and

  9  operation facilitated. Such additional approaches may include

10  extending internal risk management programs to health care

11  providers' offices and the assuming of provider liability by a

12  licensed health care facility for acts or omissions occurring

13  within the licensed facility.

14         (4)  The agency shall, after consulting with the

15  Department of Insurance, adopt rules governing the

16  establishment of internal risk management programs to meet the

17  needs of individual licensed facilities.  Each internal risk

18  management program shall include the use of incident reports

19  to be filed with an individual of responsibility who is

20  competent in risk management techniques in the employ of each

21  licensed facility, such as an insurance coordinator, or who is

22  retained by the licensed facility as a consultant.  The

23  individual responsible for the risk management program shall

24  have free access to all medical records of the licensed

25  facility.  The incident reports are part of the workpapers of

26  the attorney defending the licensed facility in litigation

27  relating to the licensed facility and are subject to

28  discovery, but are not admissible as evidence in court.  A

29  person filing an incident report is not subject to civil suit

30  by virtue of such incident report.  As a part of each internal

31  risk management program, the incident reports shall be used to

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  1  develop categories of incidents which identify problem areas.

  2  Once identified, procedures shall be adjusted to correct the

  3  problem areas.

  4         (5)  For purposes of reporting to the agency pursuant

  5  to subsections (6), (7), and (8), "adverse incident" means an

  6  event over which health care personnel could exercise control

  7  and which is associated in whole or in part with medical

  8  intervention, rather than the condition for which such

  9  intervention occurred, and which:

10         (a)  Results in one of the following injuries:

11         1.  Death;

12         2.  Brain or spinal damage;

13         3.  Permanent disfigurement;

14         4.  Fracture or dislocation of bones or joints;

15         5.  A resulting limitation of neurological, physical,

16  or sensory function which continues after discharge from the

17  facility;

18         6.  Any condition that required specialized medical

19  attention or surgical intervention resulting from medical

20  intervention to which the patient has not given his or her

21  informed consent; or

22         7.  Any condition that required the transfer of the

23  patient, within or outside the facility, to a unit providing a

24  more acute level of care due to the adverse incident, rather

25  than the patient's condition prior to the adverse incident;

26         (b)  Was the performance of:  a surgical procedure on

27  the wrong patient, a wrong surgical procedure, a wrong-site

28  surgical procedure, or a surgical procedure otherwise

29  unrelated to the patient's diagnosis or medical condition;

30         (c)  Required the surgical repair of damage resulting

31  to a patient from a planned surgical procedure, where the

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  1  damage was not consistent with or expected to be a consequence

  2  of the planned surgical procedure; or

  3         (d)  Was a procedure to remove unplanned foreign

  4  objects remaining from a surgical procedure.

  5         (6)(5)(a)  Each licensed facility subject to this

  6  section shall submit an annual report to the agency

  7  summarizing the incident reports that have been filed in the

  8  facility for that year. The report shall include:

  9         1.  The total number of adverse incidents causing

10  injury to patients.

11         2.  A listing, by category, of the types of operations,

12  diagnostic or treatment procedures, or other actions causing

13  the injuries, and the number of incidents occurring within

14  each category.

15         3.  A listing, by category, of the types of injuries

16  caused and the number of incidents occurring within each

17  category.

18         4.  A code number using the health care professional's

19  licensure number and a separate code number identifying all

20  other individuals directly involved in adverse incidents

21  causing injury to patients, the relationship of the individual

22  to the licensed facility, and the number of incidents in which

23  each individual has been directly involved.  Each licensed

24  facility shall maintain names of the health care professionals

25  and individuals identified by code numbers for purposes of

26  this section.

27         5.  A description of all malpractice claims filed

28  against the licensed facility, including the total number of

29  pending and closed claims and the nature of the incident which

30  led to, the persons involved in, and the status and

31

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  1  disposition of each claim. Each report shall update status and

  2  disposition for all prior reports.

  3         6.  A report of all disciplinary actions pertaining to

  4  patient care taken against any medical staff member, including

  5  the nature and cause of the action.

  6         (b)  The information reported to the agency pursuant to

  7  paragraph (a) which relates to persons licensed under chapter

  8  458, chapter 459, chapter 461, or chapter 466 shall be

  9  reviewed by the agency.  The agency shall determine whether

10  any of the incidents potentially involved conduct by a health

11  care professional who is subject to disciplinary action, in

12  which case the provisions of s. 455.225 shall apply.

13         (c)  The report submitted to the agency shall also

14  contain the name and license number of the risk manager of the

15  licensed facility, a copy of its policy and procedures which

16  govern the measures taken by the facility and its risk manager

17  to reduce the risk of injuries and adverse or untoward

18  incidents, and the results of such measures.  The annual

19  report is confidential and is not available to the public

20  pursuant to s. 119.07(1) or any other law providing access to

21  public records. The annual report is not discoverable or

22  admissible in any civil or administrative action, except in

23  disciplinary proceedings by the agency or the appropriate

24  regulatory board.  The annual report is not available to the

25  public as part of the record of investigation for and

26  prosecution in disciplinary proceedings made available to the

27  public by the agency or the appropriate regulatory board.

28  However, the agency or the appropriate regulatory board shall

29  make available, upon written request by a health care

30  professional against whom probable cause has been found, any

31

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  1  such records which form the basis of the determination of

  2  probable cause.

  3         (7)  The licensed facility shall notify the agency no

  4  later than 1 business day after the risk manager or his or her

  5  designee has received a report pursuant to paragraph (1)(d)

  6  and is able to determine within 1 business day that any of the

  7  following adverse incidents has occurred, whether occurring in

  8  the licensed facility or arising from health care prior to

  9  admission in the licensed facility:

10         (a)  The death of a patient;

11         (b)  Brain or spinal damage to a patient;

12         (c)  The performance of a surgical procedure on the

13  wrong patient;

14         (d)  The performance of a wrong-site surgical

15  procedure; or

16         (e)  The performance of a wrong surgical procedure.

17

18  The notification must be made in writing and be provided by

19  facsimile device or overnight mail delivery. The notification

20  must include information regarding the identity of the

21  affected patient, the type of adverse incident, the initiation

22  of an investigation by the facility, and whether the events

23  causing or resulting in the adverse incident represent a

24  potential risk to other patients.  The information contained

25  in the notification shall be confidential and shall not be

26  available to the public pursuant to s. 119.07(1) or any other

27  law providing access to public records, nor be discoverable or

28  admissible in any civil or administrative action, except in

29  disciplinary proceedings by the agency or the appropriate

30  regulatory board, nor shall it be available to the public as

31  part of the record of investigation for and prosecution in

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  1  disciplinary proceedings made available by the agency or the

  2  appropriate regulatory board.

  3         (8)(6)  Any of the following adverse incidents, whether

  4  occurring in the licensed facility or arising from health care

  5  prior to admission in the licensed facility, shall be reported

  6  by the facility to the agency within 15 calendar days after

  7  its occurrence: If an adverse or untoward incident, whether

  8  occurring in the licensed facility or arising from health care

  9  prior to admission in the licensed facility, results in:

10         (a)  The death of a patient;

11         (b)  Brain or spinal damage to a patient;

12         (c)  The performance of a surgical procedure on the

13  wrong patient; or

14         (d)  The performance of a wrong-site surgical

15  procedure;

16         (e)  The performance of a wrong surgical procedure; or

17         (f)  The performance of procedures to remove unplanned

18  foreign objects remaining from a surgical procedure.

19         (d)  A surgical procedure unrelated to the patient's

20  diagnosis or medical needs being performed on any patient,

21  including the surgical repair of injuries or damage resulting

22  from the planned surgical procedure, wrong site or wrong

23  procedure surgeries, and procedures to remove foreign objects

24  remaining from surgical procedures,

25

26  the licensed facility shall report this incident to the agency

27  within 15 calendar days after its occurrence. The agency may

28  grant extensions to this reporting requirement for more than

29  15 days upon justification submitted in writing by the

30  facility administrator to the agency. The agency may require

31  an additional, final report.  These reports shall not be

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  1  available to the public pursuant to s. 119.07(1) or any other

  2  law providing access to public records, nor be discoverable or

  3  admissible in any civil or administrative action, except in

  4  disciplinary proceedings by the agency or the appropriate

  5  regulatory board, nor shall they be available to the public as

  6  part of the record of investigation for and prosecution in

  7  disciplinary proceedings made available to the public by the

  8  agency or the appropriate regulatory board. However, the

  9  agency or the appropriate regulatory board shall make

10  available, upon written request by a health care professional

11  against whom probable cause has been found, any such records

12  which form the basis of the determination of probable cause.

13  The agency may investigate, as it deems appropriate, any such

14  incident and prescribe measures that must or may be taken in

15  response to the incident. The agency shall review each

16  incident and determine whether it potentially involved conduct

17  by the health care professional who is subject to disciplinary

18  action, in which case the provisions of s. 455.225 shall

19  apply.

20         (9)(7)  The internal risk manager of each licensed

21  facility shall:

22         (a)(b)  Investigate every allegation of sexual

23  misconduct which is made against a member of the facility's

24  personnel who has direct patient contact, when the allegation

25  is that the sexual misconduct occurred at the facility or on

26  the grounds of the facility; and

27         (b)(c)  Report every allegation of sexual misconduct to

28  the administrator of the licensed facility; and.

29         (c)(a)  Notify the family or guardian of the victim, if

30  a minor, that an allegation of sexual misconduct has been made

31  and that an investigation is being conducted.;

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  1         (10)(8)  Any witness who witnessed or who possesses

  2  actual knowledge of the act that is the basis of an allegation

  3  of sexual abuse shall:

  4         (a)  Notify the local police; and

  5         (b)  Notify the hospital risk manager and the

  6  administrator.

  7

  8  For purposes of this subsection, "sexual abuse" means acts of

  9  a sexual nature committed for the sexual gratification of

10  anyone upon, or in the presence of, a vulnerable adult,

11  without the vulnerable adult's informed consent, or a minor.

12  "Sexual abuse" includes, but is not limited to, the acts

13  defined in s. 794.011(1)(h), fondling, exposure of a

14  vulnerable adult's or minor's sexual organs, or the use of the

15  vulnerable adult or minor to solicit for or engage in

16  prostitution or sexual performance. "Sexual abuse" does not

17  include any act intended for a valid medical purpose or any

18  act which may reasonably be construed to be a normal

19  caregiving action.

20         (11)(9)  A person who, with malice or with intent to

21  discredit or harm a licensed facility or any person, makes a

22  false allegation of sexual misconduct against a member of a

23  licensed facility's personnel is guilty of a misdemeanor of

24  the second degree, punishable as provided in s. 775.082 or s.

25  775.083.

26         (12)(10)  In addition to any penalty imposed pursuant

27  to this section, the agency shall require a written plan of

28  correction from the facility.  For a single incident or series

29  of isolated incidents that are nonwillful violations of the

30  reporting requirements of this section, the agency shall first

31  seek to obtain corrective action by the facility.  If the

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  1  correction is not demonstrated within the timeframe

  2  established by the agency or if there is a pattern of

  3  nonwillful violations of this section, the agency may impose

  4  an administrative fine, not to exceed $5,000 for any violation

  5  of the reporting requirements of this section.  The

  6  administrative fine for repeated nonwillful violations shall

  7  not exceed $10,000 for any violation.  The administrative fine

  8  for each willful violation shall not exceed $25,000 per

  9  violation, per day.  Each day of willful violation constitutes

10  a separate violation and is subject to a separate fine.  In

11  determining the amount of fine to be levied, the agency shall

12  be guided by s. 395.1065(2)(b) may impose an administrative

13  fine, not to exceed $5,000, for any violation of the reporting

14  requirements of this section.

15         (13)(11)  The agency shall have access to all licensed

16  facility records necessary to carry out the provisions of this

17  section.  The records obtained are not available to the public

18  under s. 119.07(1), nor shall they be discoverable or

19  admissible in any civil or administrative action, except in

20  disciplinary proceedings by the agency or the appropriate

21  regulatory board, nor shall records obtained pursuant to s.

22  455.223 be available to the public as part of the record of

23  investigation for and prosecution in disciplinary proceedings

24  made available to the public by the agency or the appropriate

25  regulatory board. However, the agency or the appropriate

26  regulatory board shall make available, upon written request by

27  a health care professional against whom probable cause has

28  been found, any such records which form the basis of the

29  determination of probable cause, except that, with respect to

30  medical review committee records, s. 766.101 controls.

31

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  1         (14)(12)  The meetings of the committees and governing

  2  board of a licensed facility held solely for the purpose of

  3  achieving the objectives of risk management as provided by

  4  this section shall not be open to the public under the

  5  provisions of chapter 286. The records of such meetings are

  6  confidential and exempt from s. 119.07(1), except as provided

  7  in subsection (13)(11).

  8         (15)(13)  The agency shall review, as part of its

  9  licensure inspection process, the internal risk management

10  program at each licensed facility regulated by this section to

11  determine whether the program meets standards established in

12  statutes and rules, whether the program is being conducted in

13  a manner designed to reduce adverse incidents, and whether the

14  program is appropriately reporting incidents under subsections

15  (5), and (6), (7), and (8).

16         (16)(14)  There shall be no monetary liability on the

17  part of, and no cause of action for damages shall arise

18  against, any risk manager, licensed under part IX of chapter

19  626, for the implementation and oversight of the internal risk

20  management program in a facility licensed under this chapter

21  or chapter 390 as required by this section, for any act or

22  proceeding undertaken or performed within the scope of the

23  functions of such internal risk management program if the risk

24  manager acts without intentional fraud.

25         (17)(15)  If the agency, through its receipt of the

26  annual reports prescribed in subsection (6)(5) or through any

27  investigation, has a reasonable belief that conduct by a staff

28  member or employee of a licensed facility is grounds for

29  disciplinary action by the appropriate regulatory board, the

30  agency shall report this fact to such regulatory board.

31

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  1         (18)(16)  The agency shall annually publish a report

  2  summarizing the information contained in the annual incident

  3  reports submitted by licensed facilities pursuant to

  4  subsection (6), and any serious incident reports submitted by

  5  licensed facilities pursuant to subsection (7), and

  6  disciplinary actions reported to the agency pursuant to s.

  7  395.0193. The report must, at a minimum, summarize:

  8         (a)  Adverse and serious incidents, by service district

  9  of the department as defined in s. 20.19, by category of

10  reported incident, and by type of professional involved.

11         (b)  Types of malpractice claims filed, by service

12  district of the department as defined in s. 20.19, and by type

13  of professional involved.

14         (c)  Disciplinary actions taken against professionals,

15  by service district of the department as defined in s. 20.19,

16  and by type of professional involved.

17         Section 29.  Effective January 1, 1999, subsections (2)

18  and (14) of section 395.0197, Florida Statutes, are amended to

19  read:

20         395.0197  Internal risk management program.--

21         (2)  The internal risk management program is the

22  responsibility of the governing board of the health care

23  facility. Each licensed facility shall hire a risk manager,

24  licensed under ss. 395.10971-395.10975 part IX of chapter 626,

25  who is responsible for implementation and oversight of such

26  facility's internal risk management program as required by

27  this section.  A risk manager must not be made responsible for

28  more than four internal risk management programs in separate

29  licensed facilities, unless the facilities are under one

30  corporate ownership or the risk management programs are in

31  rural hospitals.

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  1         (14)  There shall be no monetary liability on the part

  2  of, and no cause of action for damages shall arise against,

  3  any risk manager, licensed under ss. 395.10971-395.10975 part

  4  IX of chapter 626, for the implementation and oversight of the

  5  internal risk management program in a facility licensed under

  6  this chapter or chapter 390 as required by this section, for

  7  any act or proceeding undertaken or performed within the scope

  8  of the functions of such internal risk management program if

  9  the risk manager acts without intentional fraud.

10         Section 30.  Effective January 1, 1999, section

11  626.941, Florida Statutes, is renumbered as section 395.10971,

12  Florida Statutes.

13         Section 31.  Effective January 1, 1999, section

14  626.942, Florida Statutes, is renumbered as section 395.10972,

15  Florida Statutes, and amended to read:

16         395.10972 626.942  Health Care Risk Manager Advisory

17  Council.--The Director of Health Care Administration Insurance

18  Commissioner may appoint a five-member advisory council to

19  advise the agency department on matters pertaining to health

20  care risk managers.  The members of the council shall serve at

21  the pleasure of the director Insurance Commissioner. The

22  council shall designate a chair.  The council shall meet at

23  the call of the director Insurance Commissioner or at those

24  times as may be required by rule of the agency department.

25  The members of the advisory council shall receive no

26  compensation for their services, but shall be reimbursed for

27  travel expenses as provided in s. 112.061. The council shall

28  consist of individuals representing the following areas:

29         (1)  Two shall be active health care risk managers.

30         (2)  One shall be an active hospital administrator.

31

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  1         (3)  One shall be an employee of an insurer or

  2  self-insurer of medical malpractice coverage.

  3         (4)  One shall be a representative of the

  4  health-care-consuming public.

  5         Section 32.  Effective January 1, 1999, section

  6  626.943, Florida Statutes, is renumbered as section 395.10973,

  7  Florida Statutes, and amended to read:

  8         395.10973 626.943  Powers and duties of the agency

  9  department.--It is the function of the agency department to:

10         (1)  Promulgate rules necessary to carry out the duties

11  conferred upon it under this part to protect the public

12  health, safety, and welfare.

13         (2)  Develop, impose, and enforce specific standards

14  within the scope of the general qualifications established by

15  this part which must be met by individuals in order to receive

16  licenses as health care risk managers.  These standards shall

17  be designed to ensure that health care risk managers are

18  individuals of good character and otherwise suitable and, by

19  training or experience in the field of health care risk

20  management, qualified in accordance with the provisions of

21  this part to serve as health care risk managers, within

22  statutory requirements.

23         (3)  Develop a method for determining whether an

24  individual meets the standards set forth in s. 395.10974

25  626.944.

26         (4)  Issue licenses, beginning on June 1, 1986, to

27  qualified individuals meeting the standards set forth in s.

28  395.10974 626.944.

29         (5)  Receive, investigate, and take appropriate action

30  with respect to any charge or complaint filed with the agency

31  department to the effect that a certified health care risk

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  1  manager has failed to comply with the requirements or

  2  standards adopted by rule by the agency department or to

  3  comply with the provisions of this part.

  4         (6)  Establish procedures for providing the Department

  5  of Health and Rehabilitative Services with periodic reports on

  6  persons certified or disciplined by the agency department

  7  under this part.

  8         (7)  Develop a model risk management program for health

  9  care facilities which will satisfy the requirements of s.

10  395.0197.

11         Section 33.  Effective January 1, 1999, section

12  626.944, Florida Statutes, is renumbered as section 395.10974,

13  Florida Statutes, and amended to read:

14         395.10974 626.944  Qualifications for health care risk

15  managers.--

16         (1)  Any person desiring to be licensed as a health

17  care risk manager shall submit an application on a form

18  provided by the agency department.  In order to qualify, the

19  applicant shall submit evidence satisfactory to the agency

20  department which demonstrates the applicant's competence, by

21  education or experience, in the following areas:

22         (a)  Applicable standards of health care risk

23  management.

24         (b)  Applicable federal, state, and local health and

25  safety laws and rules.

26         (c)  General risk management administration.

27         (d)  Patient care.

28         (e)  Medical care.

29         (f)  Personal and social care.

30         (g)  Accident prevention.

31         (h)  Departmental organization and management.

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  1         (i)  Community interrelationships.

  2         (j)  Medical terminology.

  3

  4  The agency department may require such additional information,

  5  from the applicant or any other person, as may be reasonably

  6  required to verify the information contained in the

  7  application.

  8         (2)  The agency department shall not grant or issue a

  9  license as a health care risk manager to any individual unless

10  from the application it affirmatively appears that the

11  applicant:

12         (a)  Is 18 years of age or over;

13         (b)  Is a high school graduate or equivalent; and

14         (c)1.  Has fulfilled the requirements of a 1-year

15  program or its equivalent in health care risk management

16  training which may be developed or approved by the agency

17  department;

18         2.  Has completed 2 years of college-level studies

19  which would prepare the applicant for health care risk

20  management, to be further defined by rule; or

21         3.  Has obtained 1 year of practical experience in

22  health care risk management.

23         (3)  The agency department shall issue a license,

24  beginning on June 1, 1986, to practice health care risk

25  management to any applicant who qualifies under this section

26  and submits an application fee of not more than $75, a

27  fingerprinting fee of not more than $75, and a license fee of

28  not more than $100. The agency shall by rule establish fees

29  and procedures for the issuance and cancellation of licenses.

30  the license fee as set forth in s. 624.501.  Licenses shall be

31

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  1  issued and canceled in the same manner as provided in part I

  2  of this chapter.

  3         (4)  The agency department shall renew a health care

  4  risk manager license upon receipt of a biennial renewal

  5  application and fees. The agency shall by rule establish a

  6  procedure for the biennial renewal of licenses in accordance

  7  with procedures prescribed in s. 626.381 for agents in

  8  general.

  9         Section 34.  Effective January 1, 1999, section

10  626.945, Florida Statutes, is renumbered as section 395.10975,

11  Florida Statutes, and amended to read:

12         395.10975 626.945  Grounds for denial, suspension, or

13  revocation of a health care risk manager's license;

14  administrative fine.--

15         (1)  The agency department may, in its discretion,

16  deny, suspend, revoke, or refuse to renew or continue the

17  license of any health care risk manager or applicant, if it

18  finds that as to such applicant or licensee any one or more of

19  the following grounds exist:

20         (a)  Any cause for which issuance of the license could

21  have been refused had it then existed and been known to the

22  agency department.

23         (b)  Giving false or forged evidence to the agency

24  department for the purpose of obtaining a license.

25         (c)  Having been found guilty of, or having pleaded

26  guilty or nolo contendere to, a crime in this state or any

27  other state relating to the practice of risk management or the

28  ability to practice risk management, whether or not a judgment

29  or conviction has been entered.

30         (d)  Having been found guilty of, or having pleaded

31  guilty or nolo contendere to, a felony, or a crime involving

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  1  moral turpitude punishable by imprisonment of 1 year or more

  2  under the law of the United States, under the law of any

  3  state, or under the law of any other country, without regard

  4  to whether a judgment of conviction has been entered by the

  5  court having jurisdiction of such cases.

  6         (e)  Making or filing a report or record which the

  7  licensee knows to be false; or intentionally failing to file a

  8  report or record required by state or federal law; or

  9  willfully impeding or obstructing, or inducing another person

10  to impede or obstruct, the filing of a report or record

11  required by state or federal law. Such reports or records

12  shall include only those which are signed in the capacity of a

13  licensed health care risk manager.

14         (f)  Fraud or deceit, negligence, incompetence, or

15  misconduct in the practice of health care risk management.

16         (g)  Violation of any provision of this part or any

17  other law applicable to the business of health care risk

18  management.

19         (h)  Violation of any lawful order or rule of the

20  agency department or failure to comply with a lawful subpoena

21  issued by the department.

22         (i)  Practicing with a revoked or suspended health care

23  risk manager license.

24         (j)  Repeatedly acting in a manner inconsistent with

25  the health and safety of the patients of the licensed facility

26  in which the licensee is the health care risk manager.

27         (k)  Being unable to practice health care risk

28  management with reasonable skill and safety to patients by

29  reason of illness; drunkenness; or use of drugs, narcotics,

30  chemicals, or any other material or substance or as a result

31  of any mental or physical condition.  Any person affected

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  1  under this paragraph shall have the opportunity, at reasonable

  2  intervals, to demonstrate that he or she can resume the

  3  competent practices of health care risk manager with

  4  reasonable skill and safety to patients.

  5         (l)  Willfully permitting unauthorized disclosure of

  6  information relating to a patient or a patient's records.

  7         (m)  Discriminating in respect to patients, employees,

  8  or staff on account of race, religion, color, sex, or national

  9  origin.

10         (2)  If the agency department finds that one or more of

11  the grounds set forth in subsection (1) exist, it may, in lieu

12  of or in addition to suspension or revocation, enter an order

13  imposing one or more of the following penalties:

14         (a)  Imposition of an administrative fine not to exceed

15  $2,500 for each count or separate offense.

16         (b)  Issuance of a reprimand.

17         (c)  Placement of the licensee on probation for a

18  period of time and subject to such conditions as the agency

19  department may specify, including requiring the licensee to

20  attend continuing education courses or to work under the

21  supervision of another licensee.

22         (3)  The agency department may reissue the license of a

23  disciplined licensee in accordance with the provisions of this

24  part.

25         Section 35.  Subsection (7) of section 394.4787,

26  Florida Statutes, is amended to read:

27         394.4787  Definitions.--As used in this section and ss.

28  394.4786, 394.4788, and 394.4789:

29         (7)  "Specialty psychiatric hospital" means a hospital

30  licensed by the agency pursuant to s. 395.002(25)(27) as a

31  specialty psychiatric hospital.

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  1         Section 36.  Paragraph (c) of subsection (2) of section

  2  395.602, Florida Statutes, is amended to read:

  3         395.602  Rural hospitals.--

  4         (2)  DEFINITIONS.--As used in this part:

  5         (c)  "Inactive rural hospital bed" means a licensed

  6  acute care hospital bed, as defined in s. 395.002(12)(13),

  7  that is inactive in that it cannot be occupied by acute care

  8  inpatients.

  9         Section 37.  Paragraph (c) of subsection (1) of section

10  395.701, Florida Statutes, is amended to read:

11         395.701  Annual assessments on net operating revenues

12  to fund public medical assistance; administrative fines for

13  failure to pay assessments when due.--

14         (1)  For the purposes of this section, the term:

15         (c)  "Hospital" means a health care institution as

16  defined in s. 395.002(11)(12), but does not include any

17  hospital operated by the agency or the Department of

18  Corrections.

19         Section 38.  Paragraph (b) of subsection (1) of section

20  400.051, Florida Statutes, is amended to read:

21         400.051  Homes or institutions exempt from the

22  provisions of this part.--

23         (1)  The following shall be exempt from the provisions

24  of this part:

25         (b)  Any hospital, as defined in s. 395.002(9)(10),

26  that is licensed under chapter 395.

27         Section 39.  Subsection (8) of section 409.905, Florida

28  Statutes, is amended to read:

29         409.905  Mandatory Medicaid services.--The agency may

30  make payments for the following services, which are required

31  of the state by Title XIX of the Social Security Act,

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  1  furnished by Medicaid providers to recipients who are

  2  determined to be eligible on the dates on which the services

  3  were provided.  Any service under this section shall be

  4  provided only when medically necessary and in accordance with

  5  state and federal law. Nothing in this section shall be

  6  construed to prevent or limit the agency from adjusting fees,

  7  reimbursement rates, lengths of stay, number of visits, number

  8  of services, or any other adjustments necessary to comply with

  9  the availability of moneys and any limitations or directions

10  provided for in the General Appropriations Act or chapter 216.

11         (8)  NURSING FACILITY SERVICES.--The agency shall pay

12  for 24-hour-a-day nursing and rehabilitative services for a

13  recipient in a nursing facility licensed under part II of

14  chapter 400 or in a rural hospital, as defined in s. 395.602,

15  or in a Medicare certified skilled nursing facility operated

16  by a hospital, as defined by s. 395.002(9)(10), that is

17  licensed under part I of chapter 395, and in accordance with

18  provisions set forth in s. 409.908(2)(a), which services are

19  ordered by and provided under the direction of a licensed

20  physician.  However, if a nursing facility has been destroyed

21  or otherwise made uninhabitable by natural disaster or other

22  emergency and another nursing facility is not available, the

23  agency must pay for similar services temporarily in a hospital

24  licensed under part I of chapter 395 provided federal funding

25  is approved and available.

26         Section 40.  Paragraph (g) of subsection (1) of section

27  440.13, Florida Statutes, is amended to read:

28         440.13  Medical services and supplies; penalty for

29  violations; limitations.--

30         (1)  DEFINITIONS.--As used in this section, the term:

31

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  1         (g)  "Emergency services and care" means emergency

  2  services and care as defined in s. 395.002(9).

  3         Section 41.  Effective January 1, 1999, subsection (2)

  4  of section 458.307, Florida Statutes, is amended to read:

  5         458.307  Board of Medicine.--

  6         (2)  Twelve members of the board must be licensed

  7  physicians in good standing in this state who are residents of

  8  the state and who have been engaged in the active practice or

  9  teaching of medicine for at least 4 years immediately

10  preceding their appointment.  One of the physicians must be on

11  the full-time faculty of a medical school in this state, and

12  one of the physicians must be in private practice and on the

13  full-time staff of a statutory teaching hospital in this state

14  as defined in s. 408.07.  At least one of the physicians must

15  be a graduate of a foreign medical school.  The remaining

16  three members must be residents of the state who are not, and

17  never have been, licensed health care practitioners.  One

18  member must be a hospital risk manager certified under ss.

19  395.10971-395.10975 part IX of chapter 626.  At least one

20  member of the board must be 60 years of age or older.

21         Section 42.  Subsection (9) of section 458.331, Florida

22  Statutes, is amended to read:

23         458.331  Grounds for disciplinary action; action by the

24  board and department.--

25         (9)  When an investigation of a physician is

26  undertaken, the department shall promptly furnish to the

27  physician or the physician's attorney a copy of the complaint

28  or document which resulted in the initiation of the

29  investigation.  For purposes of this subsection, such

30  documents include, but are not limited to:  the pertinent

31  portions of an annual report submitted to the department

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  1  pursuant to s. 395.0197(6)(5)(b); a report of an adverse or

  2  untoward incident which is provided to the department pursuant

  3  to the provisions of s. 395.0197(8)(6); a report of peer

  4  review disciplinary action submitted to the department

  5  pursuant to the provisions of s. 395.0193(4) or s. 458.337,

  6  providing that the investigations, proceedings, and records

  7  relating to such peer review disciplinary action shall

  8  continue to retain their privileged status even as to the

  9  licensee who is the subject of the investigation, as provided

10  by ss. 395.0193(8)(7) and 458.337(3); a report of a closed

11  claim submitted pursuant to s. 627.912; a presuit notice

12  submitted pursuant to s. 766.106(2); and a petition brought

13  under the Florida Birth-Related Neurological Injury

14  Compensation Plan, pursuant to s. 766.305(2).  The physician

15  may submit a written response to the information contained in

16  the complaint or document which resulted in the initiation of

17  the investigation within 45 days after service to the

18  physician of the complaint or document. The physician's

19  written response shall be considered by the probable cause

20  panel.

21         Section 43.  Subsection (9) of section 459.015, Florida

22  Statutes, is amended to read:

23         459.015  Grounds for disciplinary action by the

24  board.--

25         (9)  When an investigation of an osteopathic physician

26  is undertaken, the department shall promptly furnish to the

27  osteopathic physician or his or her attorney a copy of the

28  complaint or document which resulted in the initiation of the

29  investigation. For purposes of this subsection, such documents

30  include, but are not limited to:  the pertinent portions of an

31  annual report submitted to the department pursuant to s.

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  1  395.0197(6)(5)(b); a report of an adverse or untoward incident

  2  which is provided to the department pursuant to the provisions

  3  of s. 395.0197(8)(6); a report of peer review disciplinary

  4  action submitted to the department pursuant to the provisions

  5  of s. 395.0193(4) or s. 459.016, provided that the

  6  investigations, proceedings, and records relating to such peer

  7  review disciplinary action shall continue to retain their

  8  privileged status even as to the licensee who is the subject

  9  of the investigation, as provided by ss. 395.0193(8)(7) and

10  459.016(3); a report of a closed claim submitted pursuant to

11  s. 627.912; a presuit notice submitted pursuant to s.

12  766.106(2); and a petition brought under the Florida

13  Birth-Related Neurological Injury Compensation Plan, pursuant

14  to s. 766.305(2).  The osteopathic physician may submit a

15  written response to the information contained in the complaint

16  or document which resulted in the initiation of the

17  investigation within 45 days after service to the osteopathic

18  physician of the complaint or document. The osteopathic

19  physician's written response shall be considered by the

20  probable cause panel.

21         Section 44.  Paragraph (l) of subsection (1) of section

22  468.505, Florida Statutes, is amended to read:

23         468.505  Exemptions; exceptions.--

24         (1)  Nothing in this part may be construed as

25  prohibiting or restricting the practice, services, or

26  activities of:

27         (l)  A person employed by a nursing facility exempt

28  from licensing under s. 395.002(11)(12), or a person exempt

29  from licensing under s. 464.022; or

30

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  1         Section 45.  Effective January 1, 1999, subsections (2)

  2  and (10) of section 641.55, Florida Statutes, are amended to

  3  read:

  4         641.55  Internal risk management program.--

  5         (2)  The risk management program shall be the

  6  responsibility of the governing authority or board of the

  7  organization. Every organization which has an annual premium

  8  volume of $10 million or more and which directly provides

  9  health care in a building owned or leased by the organization

10  shall hire a risk manager, certified under ss.

11  395.10971-395.10975 626.941-626.945, who shall be responsible

12  for implementation of the organization's risk management

13  program required by this section.  A part-time risk manager

14  shall not be responsible for risk management programs in more

15  than four organizations or facilities. Every organization

16  which does not directly provide health care in a building

17  owned or leased by the organization and every organization

18  with an annual premium volume of less than $10 million shall

19  designate an officer or employee of the organization to serve

20  as the risk manager.

21         (10)  There shall be no monetary liability on the part

22  of, and no cause of action for damages shall arise against,

23  any risk manager certified under ss. 395.10971-395.10975 part

24  IX of chapter 626 for the implementation and oversight of the

25  risk management program in an organization authorized under

26  this chapter for any act or proceeding undertaken or performed

27  within the scope of the function of such risk management

28  program if the risk manager acts without intentional fraud.

29

30  The gross data compiled under this section or s. 395.0197

31  shall be furnished by the agency upon request to organizations

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  1  to be utilized for risk management purposes.  The agency shall

  2  adopt rules necessary to carry out the provisions of this

  3  section.

  4         Section 46.  Paragraph (c) of subsection (4) of section

  5  766.1115, Florida Statutes, is amended to read:

  6         766.1115  Health care providers; creation of agency

  7  relationship with governmental contractors.--

  8         (4)  CONTRACT REQUIREMENTS.--A health care provider

  9  that executes a contract with a governmental contractor to

10  deliver health care services on or after April 17, 1992, as an

11  agent of the governmental contractor is an agent for purposes

12  of s. 768.28(9), while acting within the scope of duties

13  pursuant to the contract, if the contract complies with the

14  requirements of this section.  A health care provider under

15  contract with the state may not be named as a defendant in any

16  action arising out of the medical care or treatment provided

17  on or after April 17, 1992, pursuant to contracts entered into

18  under this section.  The contract must provide that:

19         (c)  Adverse incidents and information on treatment

20  outcomes must be reported by any health care provider to the

21  governmental contractor if such incidents and information

22  pertain to a patient treated pursuant to the contract. The

23  health care provider shall annually submit an adverse incident

24  report that includes all information required by s.

25  395.0197(6)(5)(a), unless the adverse incident involves a

26  result described by s. 395.0197(8)(6), in which case it shall

27  be reported within 15 days of the occurrence of such incident.

28  If an incident involves a professional licensed by the

29  Department of Health Business and Professional Regulation or a

30  facility licensed by the Agency for Health Care Administration

31  Department of Health and Rehabilitative Services, the

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  1  governmental contractor shall submit such incident reports to

  2  the appropriate department or agency, which shall review each

  3  incident and determine whether it involves conduct by the

  4  licensee that is subject to disciplinary action. All patient

  5  medical records and any identifying information contained in

  6  adverse incident reports and treatment outcomes which are

  7  obtained by governmental entities pursuant to this paragraph

  8  are confidential and exempt from the provisions of s.

  9  119.07(1) and s. 24(a), Art. I of the State Constitution.

10

11  A governmental contractor that is also a health care provider

12  is not required to enter into a contract under this section

13  with respect to the health care services delivered by its

14  employees.

15         Section 47.  Effective January 1, 1999, all powers,

16  duties and functions, rules, records, personnel, property, and

17  unexpended balances of appropriations, allocations, or other

18  funds of the Department of Insurance related to the health

19  care risk manager licensure program, as established in part IX

20  of chapter 626, Florida Statutes, are transferred by a type

21  two transfer, as defined in s. 20.06(2), Florida Statutes,

22  from the Department of Insurance to the Agency for Health Care

23  Administration.

24         Section 48.  There is hereby appropriated from the

25  Health Care Trust Fund to the Agency for Health Care

26  Administration, one full time position and $100,281 in a lump

27  sum to administer the provisions of this act.

28         Section 49.  Except as otherwise provided herein, this

29  act shall take effect July 1 of the year in which enacted.

30

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