House Bill 0349c3

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

        By the Committees on Health Care Standards & Regulatory
    Reform, 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 ss. 154.304,

  9         154.306, and 154.312, F.S., relating to health

10         care for indigent persons; revising

11         definitions; conforming references to changes

12         made by the act; amending s. 394.4788, F.S.,

13         relating to mental health services; updating

14         provisions relating to duties of the agency

15         formerly performed by the Health Care Cost

16         Containment Board; amending s. 395.0163, F.S.;

17         providing exemptions from construction

18         inspections and investigations by the Agency

19         for Health Care Administration for certain

20         outpatient facilities; providing exceptions;

21         amending s. 395.1055, F.S.; requiring the

22         Agency for Health Care Administration to adopt

23         rules to assure that, following a disaster,

24         licensed facilities are capable of serving as

25         shelters only for patients, staff, and the

26         families of patients and staff; providing for

27         applicability; providing for a report by the

28         agency to the Governor and Legislature;

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

30         certain reports formerly made to the Health

31         Care Board to be made to the agency; amending

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

  2         Medical Assistance Trust Fund; revising

  3         definitions; amending ss. 395.403, 395.605,

  4         395.7015, and 395.806, F.S.; conforming

  5         references; amending ss. 408.05, 408.061,

  6         408.062, and 408.063, F.S., relating to the

  7         State Center for Health Statistics and the

  8         collection and dissemination of health care

  9         information; updating provisions to reflect the

10         assumption by the Agency for Health Care

11         Administration of duties formerly performed by

12         the Health Care Board and the former Department

13         of Health and Rehabilitative Services;

14         authorizing the agency to conduct data-based

15         studies and make recommendations; deleting

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

17         deleting definitions made obsolete by the

18         repeal of requirements with respect to hospital

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

20         deleting provisions requiring the Health Care

21         Board to review the budgets of certain

22         hospitals; deleting requirements that a

23         hospital file budget letters; deleting certain

24         administrative penalties; amending s. 408.40,

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

26         Public Counsel with respect to hospital budget

27         review proceedings; amending s. 408.50, F.S.;

28         conforming a reference; amending ss. 409.2673

29         and 409.9113, F.S., relating to health care

30         programs for low-income persons and the

31         disproportionate share program for teaching

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  1         hospitals; updating provisions to reflect the

  2         abolishment of the Health Care Cost Containment

  3         Board and the assumption of its duties by the

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

  5         408.003, 408.072, and 408.085, F.S., relating

  6         to reimbursement of state-sponsored trauma

  7         centers, studies by the Health Care Board,

  8         appointment of members to the Health Care

  9         Board, review of hospital budgets, and budget

10         reviews of comprehensive inpatient

11         rehabilitation hospitals; providing for

12         retroactive application of provisions of the

13         act relating to repeal of review of hospital

14         budgets; amending ss. 381.026 and 381.0261,

15         F.S.; requiring distribution of the Florida

16         Patient's Bill of Rights and Responsibilities;

17         providing penalties; repealing s. 395.002(2)

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

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

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

21         relating to facility peer review disciplinary

22         actions against practitioners; requiring a

23         report to the Agency for Health Care

24         Administration; providing penalties; amending

25         s. 395.0197, F.S.; revising provisions relating

26         to internal risk management; defining the term

27         "adverse incident"; requiring certain reports

28         to the agency; including minors in provisions

29         relating to notification of sexual misconduct

30         or abuse; requiring facility corrective action

31         plans; providing penalties; renumbering s.

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  1         626.941, F.S., relating to the purpose of the

  2         health care risk manager licensure program;

  3         renumbering and amending s. 626.942, F.S.,

  4         relating to the Health Care Risk Manager

  5         Advisory Council; renumbering and amending s.

  6         626.943, F.S.; providing powers and duties of

  7         the agency; renumbering and amending s.

  8         626.944, F.S., relating to qualifications for

  9         health care risk managers; providing for fees;

10         providing for issuance, cancellation, and

11         renewal of licenses; renumbering and amending

12         s. 626.945, F.S., relating to grounds for

13         denial, suspension, or revocation of licenses;

14         amending ss. 394.4787, 395.602, 400.051,

15         409.905, 440.13, 458.331, 459.015, 468.505,

16         641.55, and 766.1115, F.S.; conforming

17         references and correcting cross references;

18         transferring the internal risk manager

19         licensure program from the Department of

20         Insurance to the Agency for Health Care

21         Administration; providing an appropriation;

22         providing effective dates.

23

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

25

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

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

28  Statutes, are amended to read:

29         20.42  Agency for Health Care Administration.--There is

30  created the Agency for Health Care Administration within the

31  Department of Business and Professional Regulation. The agency

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

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

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

  4  the Department of Business and Professional Regulation in any

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

  6  transactions involving real or personal property, and

  7  budgetary matters.

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

  9  organized as follows:

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

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

12  for Health Statistics, the development of The Florida Health

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

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

15  analysis.

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

17  for hospital budget review, nursing home financial analysis,

18  and special studies as assigned by the secretary or the

19  Legislature.

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

21  shall be responsible for revenue management, budget,

22  personnel, and general services.

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

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

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

26  biennially elect a chairperson and a vice chairperson from its

27  membership. The board shall be responsible for hospital budget

28  review, nursing home financial review and analysis, and

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

30  the director.

31

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  1         (6)(7)  DEPUTY DIRECTOR OF ADMINISTRATIVE

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

  3  Administrative Services who shall serve at the pleasure of,

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

  5  director shall be responsible for the Division of

  6  Administrative Services.

  7         Section 2.  Subsections (1) and (8) of section 154.304,

  8  Florida Statutes, are amended to read:

  9         154.304  Definitions.--For the purpose of this act:

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

11  Administration. "Board" means the Health Care Board as

12  established in chapter 408.

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

14  eligible to receive reimbursement under the provisions of this

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

16  having met its charity care obligation and has either:

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

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

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

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

21  agency board, is generated by out-of-county residents.

22         Section 3.  Subsection (4) of section 154.306, Florida

23  Statutes, is amended to read:

24         154.306  Financial responsibility for certified

25  residents who are qualified indigent patients treated at an

26  out-of-county participating hospital or regional referral

27  hospital.--Ultimate financial responsibility for treatment

28  received at a participating hospital or a regional referral

29  hospital by a qualified indigent patient who is a certified

30  resident of a county in the State of Florida, but is not a

31  resident of the county in which the participating hospital or

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  1  regional referral hospital is located, shall be the obligation

  2  of the county of which the qualified indigent patient is a

  3  resident. Each county is directed to reimburse participating

  4  hospitals or regional referral hospitals as provided for in

  5  this act, and shall provide or arrange for indigent

  6  eligibility determination procedures and resident

  7  certification determination procedures as provided for in

  8  rules developed to implement this act.  The department, or any

  9  county determining eligibility of a qualified indigent, shall

10  provide to the county of residence, upon request, a copy of

11  any documents, forms, or other information, as determined by

12  rule, which may be used in making an eligibility

13  determination.

14         (4)  No county shall be liable for payment for

15  treatment of a qualified indigent who is a certified resident

16  and has received services at an out-of-county participating

17  hospital or regional referral hospital, until such time as

18  that hospital has documented to the agency board and the

19  agency board has determined that it has met its charity care

20  obligation based on the most recent audited actual experience.

21         Section 4.  Section 154.312, Florida Statutes, is

22  amended to read:

23         154.312  Procedure for settlement of disputes.--All

24  disputes among counties, the agency board, the department, a

25  participating hospital, or a regional referral hospital shall

26  be resolved by order as provided in chapter 120. Hearings held

27  under this provision shall be conducted in the same manner as

28  provided in ss. 120.569 and 120.57, except that the presiding

29  officer's order shall be final agency action.  Cases filed

30  under chapter 120 may combine all disputes between parties.

31  Notwithstanding any other provisions of this part, when a

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  1  county alleges that a residency determination or eligibility

  2  determination made by the department is incorrect, the burden

  3  of proof shall be on the county to demonstrate that such

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

  5  by the evidence.

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

  7  394.4788, Florida Statutes, are amended to read:

  8         394.4788  Use of certain PMATF funds for the purchase

  9  of acute care mental health services.--

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

11  agency shall annually calculate a per diem reimbursement rate

12  for each specialty psychiatric hospital to be paid to the

13  specialty psychiatric hospitals for the provision of acute

14  mental health services provided to indigent mentally ill

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

16  first rate period, providers shall be notified of new

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

18  The new reimbursement rates shall commence July 1.

19         (3)  Reimbursement rates shall be calculated using the

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

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

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

23  Historic costs shall be inflated from the midpoint of a

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

25  year.  The inflation adjustment shall be made utilizing the

26  latest available projections as of March 31 for the Data

27  Resources Incorporated National and Regional Hospital Input

28  Price Indices as calculated by the Medicaid program office.

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

30  Statutes, is amended to read:

31

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  1         395.0163  Construction inspections; plan submission and

  2  approval; fees.--

  3         (1)(a)  The agency shall make, or cause to be made,

  4  such construction inspections and investigations as it deems

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

  6  or applicant desiring to make specified types of alterations

  7  or additions to its facilities or to construct new facilities

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

  9  construction, submit plans and specifications therefor to the

10  agency for preliminary inspection and approval or

11  recommendation with respect to compliance with agency rules

12  and standards.  The agency shall approve or disapprove the

13  plans and specifications within 60 days after receipt of the

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

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

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

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

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

19  the agency disapproves plans and specifications, it shall set

20  forth in writing the reasons for its disapproval.  Conferences

21  and consultations may be provided as necessary.

22         (b)  All outpatient facilities that provide surgical

23  treatments requiring general anesthesia or intravenous

24  conscious sedation, that provide cardiac catheterization

25  services, or that are to be licensed as ambulatory surgical

26  centers shall submit plans and specifications to the agency

27  for review under this section. All other outpatient facilities

28  must be reviewed under this section, except that those that

29  are physically detached from, and have no utility connections

30  with, the hospital and that do not block emergency egress from

31  or create a fire hazard to the hospital are exempt from review

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  1  under this section. This section applies to applications for

  2  which review is pending on or after July 1, 1998.

  3         Section 7.  Paragraph (d) of subsection (1) of section

  4  395.1055, Florida Statutes, is amended to read:

  5         395.1055  Rules and enforcement.--

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

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

  8  shall include reasonable and fair minimum standards for

  9  ensuring that:

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

11  existing facility after July 1, 1999, are structurally capable

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

13  of patients and staff, and equipped to be self-supporting

14  during and immediately following disasters.

15         Section 8.  The Agency for Health Care Administration

16  shall work with persons affected by s. 395.1055(1)(d), Florida

17  Statutes, as amended by this act, and report to the Governor

18  and Legislature by March 1, 1999, its recommendations for

19  cost-effective renovation standards to be applied to existing

20  facilities.

21         Section 9.  Paragraphs (a) and (b) of subsection (1) of

22  section 395.401, Florida Statutes, are amended to read:

23         395.401  Trauma services system plans; verification of

24  trauma centers and pediatric trauma referral centers;

25  procedures; renewal.--

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

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

28  Administration. "Board" means the Health Care Board.

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

30  means that portion of hospital charges reported to the agency

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

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

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

  3  federal poverty level, unless the amount of hospital charges

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

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

  6  patient whose family income exceeds 4 times the federal

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

  8         Section 10.  Paragraph (b) of subsection (6) of section

  9  395.403, Florida Statutes, is amended to read:

10         395.403  Reimbursement of state-sponsored trauma

11  centers.--

12         (6)

13         (b)  The database to be used for this calculation shall

14  be the detailed patient discharge data of the most recently

15  completed calendar year for which the agency board possesses

16  data. Out-of-state days that are included in the database

17  shall be allocated to the service area where the treating

18  hospital is located.

19         Section 11.  Subsection (6) of section 395.605, Florida

20  Statutes, is amended to read:

21         395.605  Emergency care hospitals.--

22         (6)  The agency board shall treat emergency care

23  hospitals in the same manner as hospitals defined in s.

24  408.07.

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

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

27         395.701  Annual assessments on net operating revenues

28  to fund public medical assistance; administrative fines for

29  failure to pay assessments when due.--

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

31

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

  2  Administration.

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

  4  means the sum of daily hospital service charges, ambulatory

  5  service charges, ancillary service charges, and other

  6  operating revenue.

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

  8  Care Board created by s. 20.42.

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

10  defined in s. 395.002(11) s. 395.002(12), but does not include

11  any hospital operated by the agency or the Department of

12  Corrections.

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

14  gross revenue less deductions from revenue.

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

16  "deductions from revenue" means reductions from gross revenue

17  resulting from inability to collect payment of charges.  Such

18  reductions include bad debts; contractual adjustments;

19  uncompensated care; administrative, courtesy, and policy

20  discounts and adjustments; and other such revenue deductions,

21  but also includes the offset of restricted donations and

22  grants for indigent care.

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

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

25  operating revenue for each hospital, such revenue to be

26  determined by the agency department, based on the actual

27  experience of the hospital as reported to the agency

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

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

30  the assessment for each hospital.  The assessment shall be

31  payable to and collected by the agency department in equal

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

  2  quarter, beginning with the first full calendar quarter that

  3  occurs after the agency department certifies the amount of the

  4  assessment for each hospital. All moneys collected pursuant to

  5  this subsection shall be deposited into the Public Medical

  6  Assistance Trust Fund.

  7         (3)  The agency department shall impose an

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

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

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

11  hospital to pay its assessment within 30 days after the

12  assessment is due is ground for the agency department to

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

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

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

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

17  of the facility or its employees, regardless of when

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

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

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

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

22  withhold such assessments, fines, or penalties from purchase

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

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

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

26  or assignee who fails to withhold sufficient funds to pay

27  assessments, fines, or penalties arising under the provisions

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

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

30  transferee to make payments as provided in this subsection

31  shall subject such transferee to the penalties and assessments

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

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

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

  4  the most recently available prior year report or audited

  5  actual experience for the facility.  It shall be the

  6  responsibility of the new owner or licensee to require the

  7  production of the audited financial data for the period of

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

  9  obtain current audited financial data from the previous owner

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

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

12  actual experience are available or upon a reasonable estimate

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

14  board.

15         Section 13.  Paragraph (a) of subsection (3) of section

16  395.7015, Florida Statutes, is amended to read:

17         395.7015  Annual assessment on health care entities.--

18         (3)(a)  Beginning July 1, 1993, the assessment shall be

19  on the actual experience of the entity as reported to the

20  agency within 120 days after the end of its fiscal year in the

21  preceding calendar year based upon reports developed by the

22  agency board in a rule after consultation with appropriate

23  professional and governmental advisory bodies.

24         Section 14.  Subsection (3) of section 395.806, Florida

25  Statutes, is amended to read:

26         395.806  Designation of family practice teaching

27  hospitals.--

28         (3)  The agency shall create a separate review category

29  for family practice teaching hospitals for the purpose of

30  review by the Health Care Board.

31

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  1         Section 15.  Subsection (1), paragraphs (e) and (f) of

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

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

  4  amended to read:

  5         408.05  State Center for Health Statistics.--

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

  7  establish a State Center for Health Statistics.  The center

  8  shall establish a comprehensive health information system to

  9  provide for the collection, compilation, coordination,

10  analysis, indexing, dissemination, and utilization of both

11  purposefully collected and extant health-related data and

12  statistics.  The center shall be staffed with public health

13  experts, biostatisticians, information system analysts, health

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

15  out its functions.

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

17  to produce comparable and uniform health information and

18  statistics, the agency shall perform the following functions:

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

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

21  Decisions regarding center data sets should be made based on

22  consultation with the Comprehensive Health Information System

23  Advisory Council and other public and private users regarding

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

25         (f)  The center shall establish standardized means for

26  collecting health information and statistics under laws and

27  rules administered by the agency department.

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

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

30  that a health care provider or professional furnish

31  information, records of interviews, written reports,

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

  2  required by law.

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

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

  5  services as the agency department prescribes by rule.  The

  6  established fees may shall not exceed the reasonable cost for

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

  8  annual appropriations from the General Revenue Fund.

  9         (d)  The agency department shall establish a

10  Comprehensive Health Information System Trust Fund as the

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

12  collected for, services of the State Center for Health

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

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

15  collected by the agency department for the operation of the

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

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

18  agency board in succeeding years.

19         Section 16.  Subsections (10) and (11) of section

20  408.061, Florida Statutes, are amended to read:

21         408.061  Data collection; uniform systems of financial

22  reporting; information relating to physician charges;

23  confidentiality of patient records; immunity.--

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

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

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

27  criminal penalties either for the reporting of patient data to

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

29  board as authorized by this chapter.

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

31  collection and dissemination of health care data.  No other

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

  2  provider licensed or regulated under this chapter without

  3  first determining if the data is currently being collected by

  4  the agency and affirmatively demonstrating that it would be

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

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

  7  secretary shall ensure that health care data collected by the

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

  9  intent of the Legislature that all health care data be

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

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

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

13  dissemination purposes from that single source. Confidential

14  information may be released to other governmental entities or

15  to parties contracting with the agency to perform agency

16  duties or functions as needed in connection with the

17  performance of the duties of the receiving entity.  The

18  receiving entity or party shall retain the confidentiality of

19  such information as provided for herein.

20         Section 17.  Subsections (2) and (5) of section

21  408.062, Florida Statutes, are amended to read:

22         408.062  Research, analyses, studies, and reports.--

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

24  home financial reports and shall document and monitor:

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

26  revenues by source and classification, including contributions

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

28  the family and contributions not directed toward any specific

29  resident's care.

30         (b)  Average resident charges by geographic region,

31  payor, and type of facility ownership.

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

  2  facility ownership.

  3         (d)  Amount of charity care provided by geographic

  4  region and type of facility ownership.

  5         (e)  Resident days by payor category.

  6         (f)  Experience related to Medicaid conversion as

  7  reported under s. 408.061.

  8         (g)  Other information pertaining to nursing home

  9  revenues and expenditures.

10

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

12  annual report to the Governor and Legislature by January 1

13  each year.

14         (5)(a)  The agency may conduct data-based studies and

15  evaluations and make recommendations to the Legislature and

16  the Governor concerning exemptions, the effectiveness of

17  limitations of referrals, restrictions on investment interests

18  and compensation arrangements, and the effectiveness of public

19  disclosure.  Such analysis may include, but need not be

20  limited to, utilization of services, cost of care, quality of

21  care, and access to care. The agency may require the

22  submission of data necessary to carry out this duty, which may

23  include, but need not be limited to, data concerning

24  ownership, Medicare and Medicaid, charity care, types of

25  services offered to patients, revenues and expenses,

26  patient-encounter data, and other data reasonably necessary to

27  study utilization patterns and the impact of health care

28  provider ownership interests in health-care-related entities

29  on the cost, quality, and accessibility of health care.

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

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

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  1  hospital financial and nonfinancial data in order to determine

  2  the need for establishing a category of inpatient hospital

  3  patients defined as medically indigent.  For purposes of this

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

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

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

  7  care patient, but who has insufficient financial resources to

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

  9  for establishing a category of medically indigent patients,

10  the board shall consider the creation of income and asset

11  levels that would establish a person as medically indigent.

12  The board shall submit a report and recommendations to the

13  Governor and the Legislature on the establishment of a

14  category of medically indigent inpatient hospital patients on

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

16  establishment of a category of medically indigent patients, it

17  shall provide a specific recommendation for the eligibility

18  determination process to be used in classifying a patient as

19  medically indigent.

20         Section 18.  Subsection (1) of section 408.063, Florida

21  Statutes, is amended to read:

22         408.063  Dissemination of health care information.--

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

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

25  consistent information system that which distributes

26  information and serves as the basis for the agency's board's

27  public education programs.  The agency shall seek advice from

28  consumers, health care purchasers, health care providers,

29  health care facilities, health insurers, and local health

30  councils in the development and implementation of its

31  information system. Whenever appropriate, the agency shall use

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  1  the local health councils for the dissemination of information

  2  and education of the public.

  3         Section 19.  Section 408.07, Florida Statutes, is

  4  amended to read:

  5         408.07  Definitions.--As used in this chapter, with the

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

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

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

  9  health care provider contains all schedules and data required

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

11  specified by the agency board, and otherwise conforms to

12  applicable rule or Florida Hospital Uniform Reporting System

13  manual requirements regarding reports in effect at the time

14  such report was submitted, and the data are mathematically

15  reasonable and accurate.

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

17  intensive care admissions divided by the ratio of inpatient

18  revenues generated from acute, intensive, ambulatory, and

19  ancillary patient services to gross revenues.  If a hospital

20  reports only subacute admissions, then "adjusted admission"

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

22  total inpatient revenues to gross revenues.

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

24  Administration.

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

26  means an organization licensed under chapter 397.

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

28  which employs or contracts with licensed health care

29  professionals to provide diagnosis or treatment services

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

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

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

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

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

  4  licensed as an ambulatory surgical center under chapter 395.

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

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

  7  revenue per adjusted admission, unless the board has approved

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

  9  rate of increase shall apply.

10         (7)(8)  "Audited actual data" means information

11  contained within financial statements examined by an

12  independent, Florida-licensed, certified public accountant in

13  accordance with generally accepted auditing standards, but

14  does not include data within a financial statement about which

15  the certified public accountant does not express an opinion or

16  issues a disclaimer.

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

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

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

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

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

22  less than the market basket index.

23         (8)(10)  "Birth center" means an organization licensed

24  under s. 383.305.

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

26  under s. 408.003.

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

28  for a specified future time period, of expenditures and

29  revenues, with supporting statistical indicators, or a budget

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

31

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  1         (9)(13)  "Cardiac catheterization laboratory" means a

  2  freestanding facility that which employs or contracts with

  3  licensed health care professionals to provide diagnostic or

  4  therapeutic services for cardiac conditions such as cardiac

  5  catheterization or balloon angioplasty.

  6         (10)(14)  "Case mix" means a calculated index for each

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

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

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

10  mix of cases.

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

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

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

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

15  blood or tissue bank where the majority of revenues are

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

17  plasma, or tissue is procured from volunteer donors and

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

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

20  operated by physicians who are licensed pursuant to chapter

21  458 or chapter 459 and who practice in the same group

22  practice, and at which no clinical laboratory work is

23  performed for patients referred by any health care provider

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

25         (12)(16)  "Comprehensive rehabilitative hospital" or

26  "rehabilitative hospital" means a hospital licensed by the

27  agency for Health Care Administration as a specialty hospital

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

29  a program of comprehensive medical rehabilitative services and

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

31  deliver comprehensive medical rehabilitative services, and

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  1  further provided that all licensed beds in the hospital are

  2  classified as "comprehensive rehabilitative beds" pursuant to

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

  4         (13)(17)  "Consumer" means any person other than a

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

  6  governing body of a health care facility, provides health

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

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

  9  material financial interest in the rendering of health

10  services.

11         (14)(18)  "Continuing care facility" means a facility

12  licensed under chapter 651.

13         (15)(19)  "Cross-subsidization" means that the revenues

14  from one type of hospital service are sufficiently higher than

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

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

17  Cross-subsidization results from the lack of a direct

18  relationship between charges and the costs of providing a

19  particular hospital service or type of service.

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

21  "deductions from revenue" means reductions from gross revenue

22  resulting from inability to collect payment of charges.  For

23  hospitals, such reductions include contractual adjustments;

24  uncompensated care; administrative, courtesy, and policy

25  discounts and adjustments; and other such revenue deductions,

26  but also includes the offset of restricted donations and

27  grants for indigent care.

28         (17)(21)  "Diagnostic-imaging center" means a

29  freestanding outpatient facility that provides specialized

30  services for the diagnosis of a disease by examination and

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

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

  2  by physicians who are licensed pursuant to chapter 458 or

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

  4  diagnostic-imaging work is performed at such facility for

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

  6  member of that same group practice.

  7         (18)(22)  "FHURS" means the Florida Hospital Uniform

  8  Reporting System developed by the agency board.

  9         (19)(23)  "Freestanding" means that a health facility

10  bills and receives revenue which is not directly subject to

11  the hospital assessment for the Public Medical Assistance

12  Trust Fund as described in s. 395.701.

13         (20)(24)  "Freestanding radiation therapy center" means

14  a facility where treatment is provided through the use of

15  radiation therapy machines that are registered under s. 404.22

16  and the provisions of the Florida Administrative Code

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

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

19  physicians licensed pursuant to chapter 458 or chapter 459 who

20  practice within the specialty of diagnostic or therapeutic

21  radiology.

22         (21)(25)  "GRAA" means gross revenue per adjusted

23  admission.

24         (22)(26)  "Gross revenue" means the sum of daily

25  hospital service charges, ambulatory service charges,

26  ancillary service charges, and other operating revenue.  Gross

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

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

29         (23)(27)  "Health care facility" means an ambulatory

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

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

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

  2  cardiac catheterization laboratory, a medical equipment

  3  supplier, an alcohol or chemical dependency treatment center,

  4  a physical rehabilitation center, a lithotripsy center, an

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

  6  component licensed under chapter 400 within a continuing care

  7  facility licensed under chapter 651.

  8         (24)(28)  "Health care provider" means a health care

  9  professional licensed under chapter 458, chapter 459, chapter

10  460, chapter 461, chapter 463, chapter 464, chapter 465,

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

12  chapter 468, chapter 483, chapter 484, chapter 486, chapter

13  490, or chapter 491.

14         (25)(29)  "Health care purchaser" means an employer in

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

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

17  her or his employees.

18         (26)(30)  "Health insurer" means any insurance company

19  authorized to transact health insurance in the state, any

20  insurance company authorized to transact health insurance or

21  casualty insurance in the state that is offering a minimum

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

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

24  defined in s. 624.031, any health maintenance organization

25  authorized to transact business in the state pursuant to part

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

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

28  641, any multiple-employer welfare arrangement authorized to

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

30  or any fraternal benefit society providing health benefits to

31  its members as authorized pursuant to chapter 632.

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  1         (27)(31)  "Home health agency" means an organization

  2  licensed under part IV of chapter 400.

  3         (28)(32)  "Hospice" means an organization licensed

  4  under part VI of chapter 400.

  5         (29)(33)  "Hospital" means a health care institution

  6  licensed by the Agency for Health Care Administration as a

  7  hospital under chapter 395.

  8         (30)(34)  "Lithotripsy center" means a freestanding

  9  facility that which employs or contracts with licensed health

10  care professionals to provide diagnosis or treatment services

11  using electro-hydraulic shock waves.

12         (31)(35)  "Local health council" means the agency

13  defined in s. 408.033.

14         (32)(36)  "Market basket index" means the Florida

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

16  market basket index used to measure inflation in hospital

17  input prices weighted for the Florida-specific experience

18  which uses multistate regional and state-specific price

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

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

21  United States Department of Health and Human Services for

22  determining the inflation in hospital input prices for

23  purposes of Medicare reimbursement.

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

25  means the maximum rate at which a hospital is normally

26  expected to increase its average gross revenues per adjusted

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

28  recent audited actual data for each hospital, shall calculate

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

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

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

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

  2  proportion of CHAMPUS days plus the proportion of Medicaid

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

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

  5  calculate the MARI shall take the following form:

  6

  7                             FHIPI

  8  MARI =    (....................................)

  9  1-[(Me x 0.5) + (Cp x 0.5) + Md + (Cc x 1.5)]

10

11  where:

12         MARI = maximum allowable rate of increase applied to

13  gross revenue.

14         FHIPI = Florida hospital input price index, which shall

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

16         Me = proportion of Medicare days, including when

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

18  total days.

19         Cp = proportion of Civilian Health and Medical Program

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

21         Md = proportion of Medicaid days, including when

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

23  total days.

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

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

26  unrestricted grants from local governments.

27         (33)(38)  "Medical equipment supplier" means an

28  organization that which provides medical equipment and

29  supplies used by health care providers and health care

30  facilities in the diagnosis or treatment of disease.

31

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  1         (34)(39)  "Net revenue" means gross revenue minus

  2  deductions from revenue.

  3         (35)(40)  "New hospital" means a hospital in its

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

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

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

  7  calendar year.

  8         (36)(41)  "Nursing home" means a facility licensed

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

10  collection purposes only, any institution licensed under

11  chapter 395 and which has a Medicare or Medicaid certified

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

13  include a facility licensed under chapter 651.

14         (37)(42)  "Operating expenses" means total expenses

15  excluding income taxes.

16         (38)(43)  "Other operating revenue" means all revenue

17  generated from hospital operations other than revenue directly

18  associated with patient care.

19         (39)(44)  "Physical rehabilitation center" means an

20  organization that which employs or contracts with health care

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

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

23  therapy services on an outpatient or ambulatory basis.

24         (40)(45)  "Prospective payment arrangement" means a

25  financial agreement negotiated between a hospital and an

26  insurer, health maintenance organization, preferred provider

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

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

29         (41)(46)  "Rate of return" means the financial

30  indicators used to determine or demonstrate reasonableness of

31  the financial requirements of a hospital.  Such indicators

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

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

  3         (42)(47)  "Rural hospital" means an acute care hospital

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

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

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

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

  8  population density of no greater than 100 persons per square

  9  mile;

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

11  population density of no greater than 100 persons per square

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

13  traveled roads under normal traffic conditions, from another

14  acute care hospital within the same county; or

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

16  subdistrict whose boundaries encompass a population of 100

17  persons or less per square mile.

18         (43)(48)  "Special study" means a nonrecurring

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

20  for Health Care Administration in meeting its responsibilities

21  pursuant to this chapter.

22         (44)(49)  "Teaching hospital" means any hospital

23  formally affiliated with an accredited medical school which

24  that exhibits activity in the area of medical education as

25  reflected by at least seven different resident physician

26  specialties and the presence of 100 or more resident

27  physicians.

28         Section 20.  Section 408.08, Florida Statutes, is

29  amended to read:

30         408.08  Inspections and audits; violations; penalties;

31  fines; enforcement.--

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

  2  of individual or corporate ownership, including books and

  3  records of related organizations with which a health care

  4  provider or a health care facility had transactions, for

  5  compliance with this chapter.  Upon presentation of a written

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

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

  8  provider or the health care facility shall make available to

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

10  all books and records relevant to the determination of whether

11  the health care provider or the health care facility has

12  complied with this chapter.

13         (2)  The board shall annually compare the audited

14  actual experience of each hospital to the audited actual

15  experience of that hospital for the previous year.

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

17  board determines that the audited actual experience of the

18  hospital exceeded its previous year's audited actual

19  experience by more than the maximum allowable rate of increase

20  as certified in the budget letter plus any banked points

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

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

23  against such hospital pursuant to subsection (3).

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

25  board determines that the audited actual experience of the

26  hospital exceeded its previous year's audited actual

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

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

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

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

31

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

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

  3  compare each hospital's audited actual experience for net

  4  revenues per adjusted admission to the hospital's audited

  5  actual experience for net revenues per adjusted admission for

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

  7  per adjusted admission between the previous year and the

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

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

10  cumulative maximum of 3 banked net revenue percentage points.

11  Such banked net revenue percentage points shall be available

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

13  exceeding the approved budget or the maximum allowable rate of

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

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

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

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

18         (3)  Penalties shall be assessed as follows:

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

20  the board shall prospectively reduce the current budget of the

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

22  such excess is greater than 5 percent over the maximum

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

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

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

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

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

28  the board shall prospectively reduce the current budget of the

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

30  such excess is greater than 2 percent over the maximum

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

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

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

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

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

  5  the board shall:

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

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

  8  Assistance Trust Fund.

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

10  agency shall not accept any application for a certificate of

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

12  hospital until such time as the hospital has demonstrated to

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

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

15  stayed within its projected or amended budget or its

16  applicable maximum allowable rate of increase for a period of

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

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

19  a life or safety code violation.

20         3.  Upon a determination that the hospital knowingly

21  and willfully generated such excess, notify the agency,

22  whereupon the agency shall initiate disciplinary proceedings

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

24  hospital or impose an administrative fine on such hospital not

25  to exceed $20,000.

26

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

28  based upon net revenues per adjusted admission, excluding

29  funds distributed to the hospital from the Public Medical

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

31  the board shall appropriately reduce the amount of the excess

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

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

  3  by the hospital through the Public Medical Assistance Trust

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

  5  to the satisfaction of the board its entitlement to such

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

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

  8  hospital for exceeding its maximum allowable rate of increase

  9  or its approved budget pursuant to this subsection, consider

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

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

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

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

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

15  hospital to demonstrate to the satisfaction of the board any

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

17  illness.  For psychiatric hospitals and other hospitals not

18  reimbursed under a prospective payment system by the Federal

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

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

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

22  thresholds or limitations.

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

24  reduce the amount of excess of the hospital as determined

25  pursuant to this section:

26         (a)  Unforeseen and unforeseeable events which affect

27  the net revenue per adjusted admission and which are beyond

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

29  report settlements, retroactive changes in Medicare

30  reimbursement methodology, and increases in malpractice

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

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  1  hospital fiscal year during which the hospital generated the

  2  excess; or

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

  4  adverse effect which would jeopardize the continued existence

  5  of an otherwise economically viable hospital.

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

  7  for hospitals submitting budget letters pursuant to s.

  8  408.072(3)(a) by the amount of any documented costs from

  9  financial assistance provided to expand or supplement the

10  curriculum of a community college, university, or vocational

11  training school for the purpose of training nurses or other

12  health professionals, not including physicians.  Financial

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

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

15  recruiting efforts, tuition assistance, and hospital

16  internships.  The reduction would be based on actual

17  documented expenses increased by the gross revenues necessary

18  to generate net revenues sufficient to cover the expenses.

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

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

21  administration or operations has knowingly and willfully

22  allowed or authorized actual operating revenues or

23  expenditures that are in excess of projected operating

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

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

26  administrative fine not to exceed $5,000.

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

28  shall annually compare the audited actual experience of each

29  hospital for the year under review to the audited actual

30  experience of that hospital for the previous year.  For

31  hospitals which submitted detailed budgets or budget

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  1  amendments, the board shall compare the audited actual

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

  3  approved gross revenue per adjusted admission for the year

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

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

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

  7  actual experience for the year under review exceeded the

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

  9  than the maximum allowable rate of increase as certified in

10  the budget letter plus any banked points utilized in the

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

12  and an administrative fine shall be levied against such

13  hospital pursuant to subsection (8).

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

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

16  408.072(6), if the board determines that the gross revenue per

17  adjusted admission contained in the hospital's audited actual

18  experience exceeded its board-approved gross revenue per

19  adjusted admission, the amount of the excess shall be

20  determined and an administrative fine shall be levied against

21  such hospital pursuant to subsection (8).

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

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

24  excess by the number of actual adjusted admissions contained

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

26  The base fine shall be multiplied by the applicable occurrence

27  factor to determine the amount of the administrative fine

28  levied against the hospital.

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

30  the applicable occurrence factor shall be 0.25.  For the

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

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  1  occurrence factor shall be 0.55.  For the third occurrence

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

  3  be 1.0.

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

  5  pursuant to this subsection exceed $365,000.

  6         (9)  In levying any administrative fine against a

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

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

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

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

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

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

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

14  its intensity and severity of illness, based upon certified

15  hospital patient discharge data provided to the board pursuant

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

17  not reimbursed under a prospective payment system by the

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

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

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

21  any thresholds or limitation.

22         (10)  In levying any administrative fine against a

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

24  Legislature that if a hospital can demonstrate to the

25  satisfaction of the board that it operated within its approved

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

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

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

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

30  fine levied pursuant to subsection (8).

31

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

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

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

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

  5  administrative fine levied pursuant to subsection (8).

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

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

  8  administration or operations has knowingly and willfully

  9  allowed or authorized gross revenue per adjusted admission,

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

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

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

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

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

15  $5,000.

16         (2)(13)  Any health care facility that refuses to file

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

18  or files an incomplete report and upon notification fails to

19  timely file a complete report required under this section and

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

21  408.061, or s. 408.20, or rule adopted thereunder; or that

22  fails to provide documents or records requested by the agency

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

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

25  to be imposed and collected by the agency.

26         (3)(14)  Any health care provider that refuses to file

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

28  or files an incomplete report and upon notification fails to

29  timely file a complete report required under this section and

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

31  408.061, or s. 408.20, or rule adopted thereunder; or that

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  1  fails to provide documents or records requested by the agency

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

  3  appropriate licensing board which shall take appropriate

  4  action against the health care provider.

  5         (4)(15)  If In the event that a health insurer does not

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

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

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

  9  health insurer to comply in conjunction with its approval

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

11  necessary to carry out its responsibilities required by this

12  subsection.

13         (5)(16)  Refusal to file, failure to timely file, or

14  filing false or incomplete reports or other information

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

16  failure to pay or failure to timely pay any assessment

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

18  other provision of this chapter or lawfully entered order of

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

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

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

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

23         (6)(17)  Notwithstanding any other provisions of this

24  chapter, when a hospital alleges that a factual determination

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

26  shall be on the hospital to demonstrate that such

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

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

29  remains with the hospital in all cases involving

30  administrative agency action.

31

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  1         Section 21.  Section 408.40, Florida Statutes, is

  2  amended to read:

  3         408.40  Budget review proceedings; duty of Public

  4  Counsel.--

  5         (1)  Notwithstanding any other provisions of this

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

  7  represent the general public of the state in any proceeding

  8  before the agency or its advisory panels in any administrative

  9  hearing conducted pursuant to the provisions of chapter 120 or

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

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

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

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

14  him or her by ss. 350.061-350.0614.

15         (2)  The Public Counsel shall:

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

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

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

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

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

21  or inconsistent with positions previously adopted by the

22  agency, and use utilize therein all forms of discovery

23  available to attorneys in civil actions generally, subject to

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

25  summary procedure in the circuit courts of this state.

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

27  data of the agency available to any other attorney

28  representing parties in a proceeding before the agency.

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

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

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

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  1  judge, or any hearing officer or hearing examiner designated

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

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

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

  5  Legislature on any matter or subject within the jurisdiction

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

  7  deems appropriate for legislation relative to agency

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

  9         (e)  Appear before other state agencies, federal

10  agencies, and state and federal courts in connection with

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

12  the state or its citizens.

13         Section 22.  Subsection (1) of section 408.50, Florida

14  Statutes, is amended to read:

15         408.50  Prospective payment arrangements.--

16         (1)  Hospitals as defined in s. 395.002, and health

17  insurers regulated pursuant to parts VI and VII of chapter

18  627, shall establish prospective payment arrangements that

19  provide hospitals with financial incentives to contain costs.

20  Each hospital shall enter into a rate agreement with each

21  health insurer which represents 10 percent or more of the

22  private-pay patients of the hospital to establish a

23  prospective payment arrangement. Hospitals and health insurers

24  regulated pursuant to this section shall report annually the

25  results of each specific prospective payment arrangement

26  adopted by each hospital and health insurer to the agency

27  board.  The agency shall report a health insurer's failure to

28  comply to the Department of Insurance, which shall take into

29  account the failure by the health insurer to comply in

30  conjunction with its approval authority under s. 627.410.  The

31

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  1  agency shall adopt any rules necessary to carry out its

  2  responsibilities required by this section.

  3         Section 23.  Paragraph (e) of subsection (10) and

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

  5  amended to read:

  6         409.2673  Shared county and state health care program

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

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

  9  reimbursement to a hospital for services for an eligible

10  person must:

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

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

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

14  Care Administration Health Care Cost Containment Board, which

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

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

17  virtue of the population within the geographic boundaries of

18  the tax district can not feasibly provide this level of

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

20  residents of the geographic boundaries of the tax district who

21  would otherwise be considered charity cases.

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

23  Care Administration Health Care Cost Containment Board, the

24  department, or a participating hospital shall be resolved by

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

26  subsection shall be conducted in the same manner as provided

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

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

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

30  disputes between parties.

31

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  1         Section 24.  Section 409.9113, Florida Statutes, is

  2  amended to read:

  3         409.9113  Disproportionate share program for teaching

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

  5  and 409.9112, the Agency for Health Care Administration

  6  Department of Health and Rehabilitative Services shall make

  7  disproportionate share payments to statutorily defined

  8  teaching hospitals for their increased costs associated with

  9  medical education programs and for tertiary health care

10  services provided to the indigent.  This system of payments

11  shall conform with federal requirements and shall distribute

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

13  by making quarterly Medicaid payments.  Notwithstanding the

14  provisions of s. 409.915, counties are exempt from

15  contributing toward the cost of this special reimbursement for

16  hospitals serving a disproportionate share of low-income

17  patients.

18         (1)  On or before September 15 of each year, the agency

19  for Health Care Administration shall calculate an allocation

20  fraction to be used for distributing funds to state statutory

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

22  the state fiscal year, the agency department shall distribute

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

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

25  appropriated for this purpose by the Legislature times such

26  hospital's allocation fraction.  The allocation fraction for

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

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

29         (a)  The number of nationally accredited graduate

30  medical education programs offered by the hospital, including

31  programs accredited by the Accreditation Council for Graduate

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  1  Medical Education and the combined Internal Medicine and

  2  Pediatrics programs acceptable to both the American Board of

  3  Internal Medicine and the American Board of Pediatrics at the

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

  5  the allocation fraction is calculated.  The numerical value of

  6  this factor is the fraction that the hospital represents of

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

  8  all state statutory teaching hospitals.

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

10  hospital, which comprises two components:

11         1.  The number of trainees enrolled in nationally

12  accredited graduate medical education programs, as defined in

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

14  fraction of the year during which each trainee is primarily

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

16  preceding the date on which the allocation fraction is

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

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

19  equivalent trainees enrolled in accredited graduate programs,

20  where the total is computed for all state statutory teaching

21  hospitals.

22         2.  The number of medical students enrolled in

23  accredited colleges of medicine and engaged in clinical

24  activities, including required clinical clerkships and

25  clinical electives.  Full-time equivalents are computed using

26  the fraction of the year during which each trainee is

27  primarily assigned to the given institution, over the course

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

29  allocation fraction is calculated. The numerical value of this

30  factor is the fraction that the given hospital represents of

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

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  1  accredited colleges of medicine, where the total is computed

  2  for all state statutory teaching hospitals.

  3

  4  The primary factor for full-time equivalent trainees is

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

  6         (c)  A service index that which comprises three

  7  components:

  8         1.  The Agency for Health Care Administration Health

  9  Care Cost Containment Board Service Index, computed by

10  applying the standard Service Inventory Scores established by

11  the agency Health Care Cost Containment Board to services

12  offered by the given hospital, as reported on the Health Care

13  Cost Containment Board Worksheet A-2 for the last fiscal year

14  reported to the agency board before the date on which the

15  allocation fraction is calculated.  The numerical value of

16  this factor is the fraction that the given hospital represents

17  of the total Agency for Health Care Administration Health Care

18  Cost Containment Board Service Index values, where the total

19  is computed for all state statutory teaching hospitals.

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

21  applying the standard Service Inventory Scores established by

22  the agency Health Care Cost Containment Board to the volume of

23  each service, expressed in terms of the standard units of

24  measure reported on the Health Care Cost Containment Board

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

26  board before the date on which the allocation factor is

27  calculated.  The numerical value of this factor is the

28  fraction that the given hospital represents of the total

29  volume-weighted service index values, where the total is

30  computed for all state statutory teaching hospitals.

31

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  1         3.  Total Medicaid payments to each hospital for direct

  2  inpatient and outpatient services during the fiscal year

  3  preceding the date on which the allocation factor is

  4  calculated.  This includes payments made to each hospital for

  5  such services by Medicaid prepaid health plans, whether the

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

  7  value of this factor is the fraction that each hospital

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

  9  total is computed for all state statutory teaching hospitals.

10

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

12  sum of these three components, divided by three.

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

14  the following formula shall be utilized by the department to

15  calculate the maximum additional disproportionate share

16  payment for statutorily defined teaching hospitals:

17

18                          TAP = THAF x A

19

20  Where:

21         TAP = total additional payment.

22         THAF = teaching hospital allocation factor.

23         A = amount appropriated for a teaching hospital

24  disproportionate share program.

25

26         (3)  The Health Care Cost Containment Board shall

27  report to the department the statutory teaching hospital

28  allocation fraction prior to October 1 of each year.

29         Section 25.  Subsection (9) of section 395.403, Florida

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

31  Florida Statutes, are repealed.

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  1         Section 26.  The repeal of laws governing the review of

  2  hospital budgets and related penalties contained in this act

  3  operates retroactively and applies to any hospital budget

  4  prepared for a fiscal year that ended during the 1995 calendar

  5  year.

  6         Section 27.  Subsection (6) of section 381.026, Florida

  7  Statutes, is amended to read:

  8         381.026  Florida Patient's Bill of Rights and

  9  Responsibilities.--

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

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

12  health care facility licensed under chapter 395 that provides

13  emergency services and care or outpatient services and care to

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

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

16  of the rights and responsibilities of patients, including:

17

18              SUMMARY OF THE FLORIDA PATIENT'S BILL

19                  OF RIGHTS AND RESPONSIBILITIES

20

21         Florida law requires that your health care provider or

22  health care facility recognize your rights while you are

23  receiving medical care and that you respect the health care

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

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

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

27  health care facility.  A summary of your rights and

28  responsibilities follows:

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

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

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

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  1         A patient has the right to a prompt and reasonable

  2  response to questions and requests.

  3         A patient has the right to know who is providing

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

  5         A patient has the right to know what patient support

  6  services are available, including whether an interpreter is

  7  available if he or she does not speak English.

  8         A patient has the right to know what rules and

  9  regulations apply to his or her conduct.

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

11  provider information concerning diagnosis, planned course of

12  treatment, alternatives, risks, and prognosis.

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

14  as otherwise provided by law.

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

16  information and necessary counseling on the availability of

17  known financial resources for his or her care.

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

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

20  health care provider or health care facility accepts the

21  Medicare assignment rate.

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

23  to treatment, a reasonable estimate of charges for medical

24  care.

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

26  reasonably clear and understandable, itemized bill and, upon

27  request, to have the charges explained.

28         A patient has the right to impartial access to medical

29  treatment or accommodations, regardless of race, national

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

31

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  1         A patient has the right to treatment for any emergency

  2  medical condition that will deteriorate from failure to

  3  provide treatment.

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

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

  6  consent or refusal to participate in such experimental

  7  research.

  8         A patient has the right to express grievances regarding

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

10  through the grievance procedure of the health care provider or

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

12  appropriate state licensing agency.

13         A patient is responsible for providing to the health

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

15  and complete information about present complaints, past

16  illnesses, hospitalizations, medications, and other matters

17  relating to his or her health.

18         A patient is responsible for reporting unexpected

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

20         A patient is responsible for reporting to the health

21  care provider whether he or she comprehends a contemplated

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

23         A patient is responsible for following the treatment

24  plan recommended by the health care provider.

25         A patient is responsible for keeping appointments and,

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

27  notifying the health care provider or health care facility.

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

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

30  provider's instructions.

31

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  1         A patient is responsible for assuring that the

  2  financial obligations of his or her health care are fulfilled

  3  as promptly as possible.

  4         A patient is responsible for following health care

  5  facility rules and regulations affecting patient care and

  6  conduct.

  7         Section 28.  Section 381.0261, Florida Statutes, is

  8  amended to read:

  9         381.0261  Distribution of Summary of patient's bill of

10  rights; distribution; penalty.--

11         (1)  The Agency for Health Care Administration

12  Department of Health and Rehabilitative Services shall have

13  printed and made continuously available to health care

14  facilities licensed under chapter 395, physicians licensed

15  under chapter 458, osteopathic physicians licensed under

16  chapter 459, and podiatrists licensed under chapter 461 a

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

18  Responsibilities.  In adopting and making available to

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

20  Rights and Responsibilities, health care providers and health

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

22  Agency for Health Care Administration Department of Health and

23  Rehabilitative Services prints and distributes the summary.

24         (2)  Health care providers and health care facilities,

25  if requested, shall inform patients of the address and

26  telephone number of each state agency responsible for

27  responding to patient complaints about a health care provider

28  or health care facility's alleged noncompliance with state

29  licensing requirements established pursuant to law.

30         (3)  Health care facilities shall adopt policies and

31  procedures to ensure that inpatients are provided the

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  1  opportunity during the course of admission to receive

  2  information regarding their rights and how to file complaints

  3  with the facility and appropriate state agencies.

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

  5  agency when any health care provider or health care facility

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

  7  pursuant to s. 381.026 and this section.  Initial nonwillful

  8  violations shall be subject to corrective action and shall not

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

10  fine against a health care facility of up to $5,000 for

11  nonwillful violations and up to $25,000 for intentional and

12  willful violations. The agency may levy a fine against a

13  health care provider of up to $100 for nonwillful violations

14  and up to $500 for willful violations. Each intentional and

15  willful violation constitutes a separate violation and is

16  subject to a separate fine.

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

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

19  factors shall be considered:

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

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

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

23  patients was willful.

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

25  health care facility to correct the violations or to remedy

26  complaints.

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

28  health care provider or health care facility.

29         Section 29.  Subsections (2) and (15) of section

30  395.002, Florida Statutes, are repealed:

31         395.002  Definitions.--As used in this chapter:

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

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

  3  personnel could exercise control, which is probably associated

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

  5  condition for which such intervention occurred, and which

  6  causes injury to a patient, and which:

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

  8  consequence of such medical intervention;

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

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

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

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

13  of the hospital;

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

15  the wrong patient; or

16         (e)  Results in a surgical procedure being performed

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

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

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

20  adverse or untoward incident:

21         (a)  Death;

22         (b)  Brain damage;

23         (c)  Spinal damage;

24         (d)  Permanent disfigurement;

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

26         (f)  Any condition requiring definitive or specialized

27  medical attention which is not consistent with the routine

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

29  physical condition;

30         (g)  Any condition requiring surgical intervention to

31  correct or control;

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  1         (h)  Any condition resulting in transfer of the

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

  3  more acute level of care;

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

  5  stay; or

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

  7  neurological, physical, or sensory function which continues

  8  after discharge from the facility.

  9         Section 30.  Present subsections (3), (4), (5), and (7)

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

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

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

13  subsection (6) is added to that section, to read:

14         395.0193  Licensed facilities; peer review;

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

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

17  staff member or physician who delivers health care services at

18  the licensed facility may constitute one or more grounds for

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

20  shall investigate and determine whether grounds for discipline

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

22  governing board of any licensed facility, after considering

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

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

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

26  physician after a final determination has been made that one

27  or more of the following grounds exist:

28         (a)  Incompetence.

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

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

31  himself, herself, or others.

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  1         (c)  Mental or physical impairment which may adversely

  2  affect patient care.

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

  4  jurisdiction for medical negligence or malpractice involving

  5  negligent conduct.

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

  7  medical negligence or malpractice involving negligent conduct

  8  by the staff member.

  9         (f)  Medical negligence other than as specified in

10  paragraph (d) or paragraph (e).

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

12  or directives of the risk management program or any quality

13  assurance committees of any licensed facility.

14

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

16  the only grounds for discipline of a practitioner. procedures

17  for such actions shall comply with the standards outlined by

18  the Joint Commission on Accreditation of Healthcare

19  Organizations, the American Osteopathic Association, the

20  Commission on Accreditation of Rehabilitation Facilities, the

21  Accreditation Association for Ambulatory Health Care, Inc.,

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

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

24  be adopted pursuant to hospital bylaws.

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

26  disciplinary actions taken under subsection (3) shall be

27  reported in writing to the Division of Health Quality

28  Assurance of the agency within 30 working days after its

29  initial occurrence, regardless of the pendency of appeals to

30  the governing board of the hospital. The notification shall

31  identify the disciplined practitioner, the action taken, and

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  1  the reason for such action. All final disciplinary actions

  2  taken under subsection (3), if different than those which were

  3  reported to the agency within 30 days after the initial

  4  occurrence, shall be reported within 10 working days to the

  5  Division of Health Quality Assurance of the agency in writing

  6  and shall specify the disciplinary action taken and the

  7  specific grounds therefor.  The division shall review each

  8  report and determine whether it potentially involved conduct

  9  by the licensee that is subject to disciplinary action, in

10  which case s. 455.225 shall apply. The reports are not report

11  shall not be subject to inspection under s. 119.07(1) even if

12  the division's investigation results in a finding of probable

13  cause.

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

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

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

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

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

19  a hospital, a physician-hospital organization, a

20  provider-sponsored organization, or an integrated delivery

21  system;, or any other person, for any action taken without

22  intentional fraud in carrying out the provisions of this

23  section.

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

25  incidents that are nonwillful violations of the reporting

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

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

28  demonstrated within the timeframe established by the agency or

29  if there is a pattern of nonwillful violations of this

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

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

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  1  of this section. The administrative fine for repeated

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

  3  violation. The administrative fine for each intentional and

  4  willful violation may not exceed $25,000 per violation, per

  5  day. The fine for an intentional and willful violation of this

  6  section may not exceed $250,000. In determining the amount of

  7  fine to be levied, the agency shall be guided by s.

  8  395.1065(2)(b).

  9         (8)(7)  The investigations, proceedings, and records of

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

11  physician-hospital organization, a provider-sponsored

12  organization, an integrated delivery system, a disciplinary

13  board, or a governing board, or agent thereof with whom there

14  is a specific written contract for that purpose, as described

15  in this section shall not be subject to discovery or

16  introduction into evidence in any civil or administrative

17  action against a provider of professional health services

18  arising out of the matters which are the subject of evaluation

19  and review by such group or its agent, and a person who was in

20  attendance at a meeting of such group or its agent may not be

21  permitted or required to testify in any such civil or

22  administrative action as to any evidence or other matters

23  produced or presented during the proceedings of such group or

24  its agent or as to any findings, recommendations, evaluations,

25  opinions, or other actions of such group or its agent or any

26  members thereof. However, information, documents, or records

27  otherwise available from original sources are not to be

28  construed as immune from discovery or use in any such civil or

29  administrative action merely because they were presented

30  during proceedings of such group, and any person who testifies

31  before such group or who is a member of such group may not be

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  1  prevented from testifying as to matters within his or her

  2  knowledge, but such witness may not be asked about his or her

  3  testimony before such a group or opinions formed by him or her

  4  as a result of such group hearings.

  5         Section 31.  Section 395.0197, Florida Statutes, is

  6  amended to read:

  7         395.0197  Internal risk management program.--

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

  9  administrative functions, establish an internal risk

10  management program that includes all of the following

11  components:

12         (a)  The investigation and analysis of the frequency

13  and causes of general categories and specific types of adverse

14  incidents causing injury to patients.

15         (b)  The development of appropriate measures to

16  minimize the risk of injuries and adverse incidents to

17  patients, including, but not limited to:

18         1.  Risk management and risk prevention education and

19  training of all nonphysician personnel as follows:

20         a.  Such education and training of all nonphysician

21  personnel as part of their initial orientation; and

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

23  annually for all nonphysician personnel of the licensed

24  facility working in clinical areas and providing patient care.

25         2.  A prohibition, except when emergency circumstances

26  require otherwise, against a staff member of the licensed

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

28  staff member is authorized to attend the patient in the

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

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

31  the two-person requirement if it has:

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  1         a.  Live visual observation;

  2         b.  Electronic observation; or

  3         c.  Any other reasonable measure taken to ensure

  4  patient protection and privacy.

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

  6  patient care and the quality of medical services.

  7         (d)  The development and implementation of an incident

  8  reporting system based upon the affirmative duty of all health

  9  care providers and all agents and employees of the licensed

10  health care facility to report adverse incidents to the risk

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

12  after its occurrence.

13         (2)  The internal risk management program is the

14  responsibility of the governing board of the health care

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

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

17  implementation and oversight of such facility's internal risk

18  management program as required by this section.  A risk

19  manager must not be made responsible for more than four

20  internal risk management programs in separate licensed

21  facilities, unless the facilities are under one corporate

22  ownership or the risk management programs are in rural

23  hospitals.

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

25  section, other innovative approaches intended to reduce the

26  frequency and severity of medical malpractice and patient

27  injury claims shall be encouraged and their implementation and

28  operation facilitated. Such additional approaches may include

29  extending internal risk management programs to health care

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

31

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  1  licensed health care facility for acts or omissions occurring

  2  within the licensed facility.

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

  4  Department of Insurance, adopt rules governing the

  5  establishment of internal risk management programs to meet the

  6  needs of individual licensed facilities.  Each internal risk

  7  management program shall include the use of incident reports

  8  to be filed with an individual of responsibility who is

  9  competent in risk management techniques in the employ of each

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

11  retained by the licensed facility as a consultant.  The

12  individual responsible for the risk management program shall

13  have free access to all medical records of the licensed

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

15  the attorney defending the licensed facility in litigation

16  relating to the licensed facility and are subject to

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

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

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

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

21  develop categories of incidents which identify problem areas.

22  Once identified, procedures shall be adjusted to correct the

23  problem areas.

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

25  to this section, the term "adverse incident" means an event

26  over which health care personnel could exercise control and

27  which is associated in whole or in part with medical

28  intervention, rather than the condition for which such

29  intervention occurred, and which:

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

31         1.  Death;

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  1         2.  Brain or spinal damage;

  2         3.  Permanent disfigurement;

  3         4.  Fracture or dislocation of bones or joints;

  4         5.  A resulting limitation of neurological, physical,

  5  or sensory function which continues after discharge from the

  6  facility;

  7         6.  Any condition that required specialized medical

  8  attention or surgical intervention resulting from nonemergency

  9  medical intervention, other than an emergency medical

10  condition, to which the patient has not given his or her

11  informed consent; or

12         7.  Any condition that required the transfer of the

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

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

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

16         (b)  Was the performance of a surgical procedure on the

17  wrong patient, a wrong surgical procedure, a wrong-site

18  surgical procedure, or a surgical procedure otherwise

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

20         (c)  Required the surgical repair of damage resulting

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

22  damage was not a recognized specific risk, as disclosed to the

23  patient on the informed consent form; or

24         (d)  Was a procedure to remove unplanned foreign

25  objects remaining from a surgical procedure.

26         (6)(5)(a)  Each licensed facility subject to this

27  section shall submit an annual report to the agency

28  summarizing the incident reports that have been filed in the

29  facility for that year. The report shall include:

30         1.  The total number of adverse incidents causing

31  injury to patients.

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

  2  diagnostic or treatment procedures, or other actions causing

  3  the injuries, and the number of incidents occurring within

  4  each category.

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

  6  caused and the number of incidents occurring within each

  7  category.

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

  9  licensure number and a separate code number identifying all

10  other individuals directly involved in adverse incidents

11  causing injury to patients, the relationship of the individual

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

13  each individual has been directly involved.  Each licensed

14  facility shall maintain names of the health care professionals

15  and individuals identified by code numbers for purposes of

16  this section.

17         5.  A description of all malpractice claims filed

18  against the licensed facility, including the total number of

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

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

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

22  disposition for all prior reports.

23         6.  A report of all disciplinary actions pertaining to

24  patient care taken against any medical staff member, including

25  the nature and cause of the action.

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

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

28  458, chapter 459, chapter 461, or chapter 466 shall be

29  reviewed by the agency.  The agency shall determine whether

30  any of the incidents potentially involved conduct by a health

31

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  1  care professional who is subject to disciplinary action, in

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

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

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

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

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

  7  to reduce the risk of injuries and adverse or untoward

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

  9  report is confidential and is not available to the public

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

11  public records. The annual report is not discoverable or

12  admissible in any civil or administrative action, except in

13  disciplinary proceedings by the agency or the appropriate

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

15  public as part of the record of investigation for and

16  prosecution in disciplinary proceedings made available to the

17  public by the agency or the appropriate regulatory board.

18  However, the agency or the appropriate regulatory board shall

19  make available, upon written request by a health care

20  professional against whom probable cause has been found, any

21  such records which form the basis of the determination of

22  probable cause.

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

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

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

26  and can determine within 1 business day that any of the

27  following adverse incidents has occurred, whether occurring in

28  the licensed facility or arising from health care prior to

29  admission in the licensed facility:

30         (a)  The death of a patient;

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

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  1         (c)  The performance of a surgical procedure on the

  2  wrong patient;

  3         (d)  The performance of a wrong-site surgical

  4  procedure; or

  5         (e)  The performance of a wrong surgical procedure.

  6

  7  The notification must be made in writing and be provided by

  8  facsimile device or overnight mail delivery. The notification

  9  must include information regarding the identity of the

10  affected patient, the type of adverse incident, the initiation

11  of an investigation by the facility, and whether the events

12  causing or resulting in the adverse incident represent a

13  potential risk to other patients.

14         (8)(6)  Any of the following adverse incidents, whether

15  occurring in the licensed facility or arising from health care

16  prior to admission in the licensed facility, shall be reported

17  by the facility to the agency within 15 calendar days after

18  its occurrence: If an adverse or untoward incident, whether

19  occurring in the licensed facility or arising from health care

20  prior to admission in the licensed facility, results in:

21         (a)  The death of a patient;

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

23         (c)  The performance of a surgical procedure on the

24  wrong patient; or

25         (d)  The performance of a wrong-site surgical

26  procedure;

27         (e)  The performance of a wrong surgical procedure;

28         (f)  The performance of a surgical procedure that is

29  medically unnecessary or otherwise unrelated to the patient's

30  diagnosis or medical condition;

31

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  1         (g)  The surgical repair of damage resulting to a

  2  patient from a planned surgical procedure, where the damage is

  3  not a recognized specific risk, as disclosed to the patient on

  4  the informed consent form; or

  5         (h)  The performance of procedures to remove unplanned

  6  foreign objects remaining from a surgical procedure.

  7         (d)  A surgical procedure unrelated to the patient's

  8  diagnosis or medical needs being performed on any patient,

  9  including the surgical repair of injuries or damage resulting

10  from the planned surgical procedure, wrong site or wrong

11  procedure surgeries, and procedures to remove foreign objects

12  remaining from surgical procedures,

13

14  the licensed facility shall report this incident to the agency

15  within 15 calendar days after its occurrence. The agency may

16  grant extensions to this reporting requirement for more than

17  15 days upon justification submitted in writing by the

18  facility administrator to the agency. The agency may require

19  an additional, final report.  These reports shall not be

20  available to the public pursuant to s. 119.07(1) or any other

21  law providing access to public records, nor be discoverable or

22  admissible in any civil or administrative action, except in

23  disciplinary proceedings by the agency or the appropriate

24  regulatory board, nor shall they be available to the public as

25  part of the record of investigation for and prosecution in

26  disciplinary proceedings made available to the public by the

27  agency or the appropriate regulatory board. However, the

28  agency or the appropriate regulatory board shall make

29  available, upon written request by a health care professional

30  against whom probable cause has been found, any such records

31  which form the basis of the determination of probable cause.

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  1  The agency may investigate, as it deems appropriate, any such

  2  incident and prescribe measures that must or may be taken in

  3  response to the incident. The agency shall review each

  4  incident and determine whether it potentially involved conduct

  5  by the health care professional who is subject to disciplinary

  6  action, in which case the provisions of s. 455.225 shall

  7  apply.

  8         (9)(7)  The internal risk manager of each licensed

  9  facility shall:

10         (a)(b)  Investigate every allegation of sexual

11  misconduct which is made against a member of the facility's

12  personnel who has direct patient contact, when the allegation

13  is that the sexual misconduct occurred at the facility or on

14  the grounds of the facility; and

15         (b)(c)  Report every allegation of sexual misconduct to

16  the administrator of the licensed facility; and.

17         (c)(a)  Notify the family or guardian of the victim, if

18  a minor, that an allegation of sexual misconduct has been made

19  and that an investigation is being conducted.;

20         (10)(8)  Any witness who witnessed or who possesses

21  actual knowledge of the act that is the basis of an allegation

22  of sexual abuse shall:

23         (a)  Notify the local police; and

24         (b)  Notify the hospital risk manager and the

25  administrator.

26

27  For purposes of this subsection, "sexual abuse" means acts of

28  a sexual nature committed for the sexual gratification of

29  anyone upon, or in the presence of, a vulnerable adult,

30  without the vulnerable adult's informed consent, or a minor.

31  "Sexual abuse" includes, but is not limited to, the acts

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  1  defined in s. 794.011(1)(h), fondling, exposure of a

  2  vulnerable adult's or minor's sexual organs, or the use of the

  3  vulnerable adult or minor to solicit for or engage in

  4  prostitution or sexual performance. "Sexual abuse" does not

  5  include any act intended for a valid medical purpose or any

  6  act which may reasonably be construed to be a normal

  7  caregiving action.

  8         (11)(9)  A person who, with malice or with intent to

  9  discredit or harm a licensed facility or any person, makes a

10  false allegation of sexual misconduct against a member of a

11  licensed facility's personnel is guilty of a misdemeanor of

12  the second degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         (12)(10)  In addition to any penalty imposed pursuant

15  to this section, the agency shall require a written plan of

16  correction from the facility.  For a single incident or series

17  of isolated incidents that are nonwillful violations of the

18  reporting requirements of this section, the agency shall first

19  seek to obtain corrective action by the facility.  If the

20  correction is not demonstrated within the timeframe

21  established by the agency or if there is a pattern of

22  nonwillful violations of this section, the agency may impose

23  an administrative fine, not to exceed $5,000 for any violation

24  of the reporting requirements of this section.  The

25  administrative fine for repeated nonwillful violations shall

26  not exceed $10,000 for any violation.  The administrative fine

27  for each intentional and willful violation may not exceed

28  $25,000 per violation, per day.  The fine for an intentional

29  and willful violation of this section may not exceed $250,000.

30  In determining the amount of fine to be levied, the agency

31  shall be guided by s. 395.1065(2)(b). The provisions of this

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  1  subsection do not apply to the notice requirement under

  2  subsection (7) may impose an administrative fine, not to

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

  4  of this section.

  5         (13)(11)  The agency shall have access to all licensed

  6  facility records necessary to carry out the provisions of this

  7  section.  The records obtained by the agency under subsection

  8  (6), subsection (8), or subsection (9) are not available to

  9  the public under s. 119.07(1), nor shall they be discoverable

10  or admissible in any civil or administrative action, except in

11  disciplinary proceedings by the agency or the appropriate

12  regulatory board, nor shall records obtained pursuant to s.

13  455.223 be available to the public as part of the record of

14  investigation for and prosecution in disciplinary proceedings

15  made available to the public by the agency or the appropriate

16  regulatory board. However, the agency or the appropriate

17  regulatory board shall make available, upon written request by

18  a health care professional against whom probable cause has

19  been found, any such records which form the basis of the

20  determination of probable cause, except that, with respect to

21  medical review committee records, s. 766.101 controls.

22         (14)(12)  The meetings of the committees and governing

23  board of a licensed facility held solely for the purpose of

24  achieving the objectives of risk management as provided by

25  this section shall not be open to the public under the

26  provisions of chapter 286. The records of such meetings are

27  confidential and exempt from s. 119.07(1), except as provided

28  in subsection (13)(11).

29         (15)(13)  The agency shall review, as part of its

30  licensure inspection process, the internal risk management

31  program at each licensed facility regulated by this section to

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  1  determine whether the program meets standards established in

  2  statutes and rules, whether the program is being conducted in

  3  a manner designed to reduce adverse incidents, and whether the

  4  program is appropriately reporting incidents under subsections

  5  (5), and (6), (7), and (8).

  6         (16)(14)  There shall be no monetary liability on the

  7  part of, and no cause of action for damages shall arise

  8  against, any risk manager, licensed under part IX of chapter

  9  626, for the implementation and oversight of the internal risk

10  management program in a facility licensed under this chapter

11  or chapter 390 as required by this section, for any act or

12  proceeding undertaken or performed within the scope of the

13  functions of such internal risk management program if the risk

14  manager acts without intentional fraud.

15         (17)(15)  If the agency, through its receipt of the

16  annual reports prescribed in subsection (6)(5) or through any

17  investigation, has a reasonable belief that conduct by a staff

18  member or employee of a licensed facility is grounds for

19  disciplinary action by the appropriate regulatory board, the

20  agency shall report this fact to such regulatory board.

21         (18)(16)  The agency shall annually publish a report

22  summarizing the information contained in the annual incident

23  reports submitted by licensed facilities pursuant to

24  subsection (6), and any serious incident reports submitted by

25  licensed facilities, and disciplinary actions reported to the

26  agency pursuant to s. 395.0193. The report must, at a minimum,

27  summarize:

28         (a)  Adverse and serious incidents, by service district

29  of the department as defined in s. 20.19, by category of

30  reported incident, and by type of professional involved.

31

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  1         (b)  Types of malpractice claims filed, by service

  2  district of the department as defined in s. 20.19, and by type

  3  of professional involved.

  4         (c)  Disciplinary actions taken against professionals,

  5  by service district of the department as defined in s. 20.19,

  6  and by type of professional involved.

  7         Section 32.  Effective January 1, 1999, section

  8  626.941, Florida Statutes, is renumbered as section 395.10971,

  9  Florida Statutes.

10         Section 33.  Effective January 1, 1999, section

11  626.942, Florida Statutes, is renumbered as section 395.10972,

12  Florida Statutes, and amended to read:

13         395.10972 626.942  Health Care Risk Manager Advisory

14  Council.--The Director of Health Care Administration Insurance

15  Commissioner may appoint a five-member advisory council to

16  advise the agency department on matters pertaining to health

17  care risk managers.  The members of the council shall serve at

18  the pleasure of the director Insurance Commissioner. The

19  council shall designate a chair.  The council shall meet at

20  the call of the director Insurance Commissioner or at those

21  times as may be required by rule of the agency department.

22  The members of the advisory council shall receive no

23  compensation for their services, but shall be reimbursed for

24  travel expenses as provided in s. 112.061. The council shall

25  consist of individuals representing the following areas:

26         (1)  Two shall be active health care risk managers.

27         (2)  One shall be an active hospital administrator.

28         (3)  One shall be an employee of an insurer or

29  self-insurer of medical malpractice coverage.

30         (4)  One shall be a representative of the

31  health-care-consuming public.

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  1         Section 34.  Effective January 1, 1999, section

  2  626.943, Florida Statutes, is renumbered as section 395.10973,

  3  Florida Statutes, and amended to read:

  4         395.10973 626.943  Powers and duties of the agency

  5  department.--It is the function of the agency department to:

  6         (1)  Adopt Promulgate rules necessary to carry out the

  7  duties conferred upon it under this part to protect the public

  8  health, safety, and welfare.

  9         (2)  Develop, impose, and enforce specific standards

10  within the scope of the general qualifications established by

11  this part which must be met by individuals in order to receive

12  licenses as health care risk managers.  These standards shall

13  be designed to ensure that health care risk managers are

14  individuals of good character and otherwise suitable and, by

15  training or experience in the field of health care risk

16  management, qualified in accordance with the provisions of

17  this part to serve as health care risk managers, within

18  statutory requirements.

19         (3)  Develop a method for determining whether an

20  individual meets the standards set forth in s. 395.10974 s.

21  626.944.

22         (4)  Issue licenses, beginning on June 1, 1986, to

23  qualified individuals meeting the standards set forth in s.

24  395.10974 s. 626.944.

25         (5)  Receive, investigate, and take appropriate action

26  with respect to any charge or complaint filed with the agency

27  department to the effect that a certified health care risk

28  manager has failed to comply with the requirements or

29  standards adopted by rule by the agency department or to

30  comply with the provisions of this part.

31

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  1         (6)  Establish procedures for providing the Department

  2  of Health and Rehabilitative Services with periodic reports on

  3  persons certified or disciplined by the agency department

  4  under this part.

  5         (7)  Develop a model risk management program for health

  6  care facilities which will satisfy the requirements of s.

  7  395.0197.

  8         Section 35.  Effective January 1, 1999, section

  9  626.944, Florida Statutes, is renumbered as section 395.10974,

10  Florida Statutes, and amended to read:

11         395.10974 626.944  Qualifications for health care risk

12  managers.--

13         (1)  Any person desiring to be licensed as a health

14  care risk manager shall submit an application on a form

15  provided by the agency department.  In order to qualify, the

16  applicant shall submit evidence satisfactory to the agency

17  department which demonstrates the applicant's competence, by

18  education or experience, in the following areas:

19         (a)  Applicable standards of health care risk

20  management.

21         (b)  Applicable federal, state, and local health and

22  safety laws and rules.

23         (c)  General risk management administration.

24         (d)  Patient care.

25         (e)  Medical care.

26         (f)  Personal and social care.

27         (g)  Accident prevention.

28         (h)  Departmental organization and management.

29         (i)  Community interrelationships.

30         (j)  Medical terminology.

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  1  The agency department may require such additional information,

  2  from the applicant or any other person, as may be reasonably

  3  required to verify the information contained in the

  4  application.

  5         (2)  The agency department shall not grant or issue a

  6  license as a health care risk manager to any individual unless

  7  from the application it affirmatively appears that the

  8  applicant:

  9         (a)  Is 18 years of age or over;

10         (b)  Is a high school graduate or equivalent; and

11         (c)1.  Has fulfilled the requirements of a 1-year

12  program or its equivalent in health care risk management

13  training which may be developed or approved by the agency

14  department;

15         2.  Has completed 2 years of college-level studies

16  which would prepare the applicant for health care risk

17  management, to be further defined by rule; or

18         3.  Has obtained 1 year of practical experience in

19  health care risk management.

20         (3)  The agency department shall issue a license,

21  beginning on June 1, 1986, to practice health care risk

22  management to any applicant who qualifies under this section

23  and submits an application fee of not more than $75, a

24  fingerprinting fee of not more than $75, and a license fee of

25  not more than $100. The agency shall by rule establish fees

26  and procedures for the issuance and cancellation of licenses.

27  the license fee as set forth in s. 624.501.  Licenses shall be

28  issued and canceled in the same manner as provided in part I

29  of this chapter.

30         (4)  The agency department shall renew a health care

31  risk manager license upon receipt of a biennial renewal

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  1  application and fees. The agency shall by rule establish a

  2  procedure for the biennial renewal of licenses in accordance

  3  with procedures prescribed in s. 626.381 for agents in

  4  general.

  5         Section 36.  Effective January 1, 1999, section

  6  626.945, Florida Statutes, is renumbered as section 395.10975,

  7  Florida Statutes, and amended to read:

  8         395.10975 626.945  Grounds for denial, suspension, or

  9  revocation of a health care risk manager's license;

10  administrative fine.--

11         (1)  The agency department may, in its discretion,

12  deny, suspend, revoke, or refuse to renew or continue the

13  license of any health care risk manager or applicant, if it

14  finds that as to such applicant or licensee any one or more of

15  the following grounds exist:

16         (a)  Any cause for which issuance of the license could

17  have been refused had it then existed and been known to the

18  agency department.

19         (b)  Giving false or forged evidence to the agency

20  department for the purpose of obtaining a license.

21         (c)  Having been found guilty of, or having pleaded

22  guilty or nolo contendere to, a crime in this state or any

23  other state relating to the practice of risk management or the

24  ability to practice risk management, whether or not a judgment

25  or conviction has been entered.

26         (d)  Having been found guilty of, or having pleaded

27  guilty or nolo contendere to, a felony, or a crime involving

28  moral turpitude punishable by imprisonment of 1 year or more

29  under the law of the United States, under the law of any

30  state, or under the law of any other country, without regard

31

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  1  to whether a judgment of conviction has been entered by the

  2  court having jurisdiction of such cases.

  3         (e)  Making or filing a report or record which the

  4  licensee knows to be false; or intentionally failing to file a

  5  report or record required by state or federal law; or

  6  willfully impeding or obstructing, or inducing another person

  7  to impede or obstruct, the filing of a report or record

  8  required by state or federal law. Such reports or records

  9  shall include only those which are signed in the capacity of a

10  licensed health care risk manager.

11         (f)  Fraud or deceit, negligence, incompetence, or

12  misconduct in the practice of health care risk management.

13         (g)  Violation of any provision of this part or any

14  other law applicable to the business of health care risk

15  management.

16         (h)  Violation of any lawful order or rule of the

17  agency department or failure to comply with a lawful subpoena

18  issued by the department.

19         (i)  Practicing with a revoked or suspended health care

20  risk manager license.

21         (j)  Repeatedly acting in a manner inconsistent with

22  the health and safety of the patients of the licensed facility

23  in which the licensee is the health care risk manager.

24         (k)  Being unable to practice health care risk

25  management with reasonable skill and safety to patients by

26  reason of illness; drunkenness; or use of drugs, narcotics,

27  chemicals, or any other material or substance or as a result

28  of any mental or physical condition.  Any person affected

29  under this paragraph shall have the opportunity, at reasonable

30  intervals, to demonstrate that he or she can resume the

31

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  1  competent practices of health care risk manager with

  2  reasonable skill and safety to patients.

  3         (l)  Willfully permitting unauthorized disclosure of

  4  information relating to a patient or a patient's records.

  5         (m)  Discriminating in respect to patients, employees,

  6  or staff on account of race, religion, color, sex, or national

  7  origin.

  8         (2)  If the agency department finds that one or more of

  9  the grounds set forth in subsection (1) exist, it may, in lieu

10  of or in addition to suspension or revocation, enter an order

11  imposing one or more of the following penalties:

12         (a)  Imposition of an administrative fine not to exceed

13  $2,500 for each count or separate offense.

14         (b)  Issuance of a reprimand.

15         (c)  Placement of the licensee on probation for a

16  period of time and subject to such conditions as the agency

17  department may specify, including requiring the licensee to

18  attend continuing education courses or to work under the

19  supervision of another licensee.

20         (3)  The agency department may reissue the license of a

21  disciplined licensee in accordance with the provisions of this

22  part.

23         Section 37.  Subsection (7) of section 394.4787,

24  Florida Statutes, is amended to read:

25         394.4787  Definitions.--As used in this section and ss.

26  394.4786, 394.4788, and 394.4789:

27         (7)  "Specialty psychiatric hospital" means a hospital

28  licensed by the agency pursuant to s. 395.002(25) s.

29  395.002(27) as a specialty psychiatric hospital.

30         Section 38.  Paragraph (c) of subsection (2) of section

31  395.602, Florida Statutes, is amended to read:

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  1         395.602  Rural hospitals.--

  2         (2)  DEFINITIONS.--As used in this part:

  3         (c)  "Inactive rural hospital bed" means a licensed

  4  acute care hospital bed, as defined in s. 395.002(12) s.

  5  395.002(13), that is inactive in that it cannot be occupied by

  6  acute care inpatients.

  7         Section 39.  Paragraph (b) of subsection (1) of section

  8  400.051, Florida Statutes, is amended to read:

  9         400.051  Homes or institutions exempt from the

10  provisions of this part.--

11         (1)  The following shall be exempt from the provisions

12  of this part:

13         (b)  Any hospital, as defined in s. 395.002(9) s.

14  395.002(10), that is licensed under chapter 395.

15         Section 40.  Subsection (8) of section 409.905, Florida

16  Statutes, is amended to read:

17         409.905  Mandatory Medicaid services.--The agency may

18  make payments for the following services, which are required

19  of the state by Title XIX of the Social Security Act,

20  furnished by Medicaid providers to recipients who are

21  determined to be eligible on the dates on which the services

22  were provided.  Any service under this section shall be

23  provided only when medically necessary and in accordance with

24  state and federal law. Nothing in this section shall be

25  construed to prevent or limit the agency from adjusting fees,

26  reimbursement rates, lengths of stay, number of visits, number

27  of services, or any other adjustments necessary to comply with

28  the availability of moneys and any limitations or directions

29  provided for in the General Appropriations Act or chapter 216.

30         (8)  NURSING FACILITY SERVICES.--The agency shall pay

31  for 24-hour-a-day nursing and rehabilitative services for a

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  1  recipient in a nursing facility licensed under part II of

  2  chapter 400 or in a rural hospital, as defined in s. 395.602,

  3  or in a Medicare certified skilled nursing facility operated

  4  by a hospital, as defined by s. 395.002(9) s. 395.002(10),

  5  that is licensed under part I of chapter 395, and in

  6  accordance with provisions set forth in s. 409.908(2)(a),

  7  which services are ordered by and provided under the direction

  8  of a licensed physician.  However, if a nursing facility has

  9  been destroyed or otherwise made uninhabitable by natural

10  disaster or other emergency and another nursing facility is

11  not available, the agency must pay for similar services

12  temporarily in a hospital licensed under part I of chapter 395

13  provided federal funding is approved and available.

14         Section 41.  Paragraph (g) of subsection (1) of section

15  440.13, Florida Statutes, is amended to read:

16         440.13  Medical services and supplies; penalty for

17  violations; limitations.--

18         (1)  DEFINITIONS.--As used in this section, the term:

19         (g)  "Emergency services and care" means emergency

20  services and care as defined in s. 395.002(9).

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) s. 395.0197(5)(b); a report of an

  2  adverse or untoward incident which is provided to the

  3  department pursuant to s. 395.0197(8) the provisions of s.

  4  395.0197(6); a report of peer review disciplinary action

  5  submitted to the department pursuant to the provisions of s.

  6  395.0193(4) or s. 458.337, providing that the investigations,

  7  proceedings, and records relating to such peer review

  8  disciplinary action shall continue to retain their privileged

  9  status even as to the licensee who is the subject of the

10  investigation, as provided by ss. 395.0193(8) 395.0193(7) and

11  458.337(3); a report of a closed claim submitted pursuant to

12  s. 627.912; a presuit notice submitted pursuant to s.

13  766.106(2); and a petition brought under the Florida

14  Birth-Related Neurological Injury Compensation Plan, pursuant

15  to s. 766.305(2).  The physician may submit a written response

16  to the information contained in the complaint or document

17  which resulted in the initiation of the investigation within

18  45 days after service to the physician of the complaint or

19  document. The physician's written response shall be considered

20  by the probable cause 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) s. 395.0197(5)(b); a report of an adverse or

  2  untoward incident which is provided to the department pursuant

  3  to s. 395.0197(8) the provisions of s. 395.0197(6); a report

  4  of peer review disciplinary action submitted to the department

  5  pursuant to the provisions of s. 395.0193(4) or s. 459.016,

  6  provided 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) 395.0193(7) and 459.016(3); a report of a

11  closed claim submitted pursuant to s. 627.912; a presuit

12  notice submitted pursuant to s. 766.106(2); and a petition

13  brought under the Florida Birth-Related Neurological Injury

14  Compensation Plan, pursuant to s. 766.305(2).  The osteopathic

15  physician may submit a written response to the information

16  contained in the complaint or document which resulted in the

17  initiation of the investigation within 45 days after service

18  to the osteopathic physician of the complaint or document. The

19  osteopathic physician's written response shall be considered

20  by the probable cause panel.

21         Section 44.  Subsection (1) of section 468.505, Florida

22  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         (a)  A person licensed in this state under chapter 457,

28  chapter 458, chapter 459, chapter 460, chapter 461, chapter

29  462, chapter 463, chapter 464, chapter 465, chapter 466,

30  chapter 480, chapter 490, or chapter 491, when engaging in the

31  profession or occupation for which he or she is licensed, or

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  1  of any person employed by and under the supervision of the

  2  licensee when rendering services within the scope of the

  3  profession or occupation of the licensee.;

  4         (b)  A person employed as a dietitian by the government

  5  of the United States, if the person engages in dietetics

  6  solely under direction or control of the organization by which

  7  the person is employed.;

  8         (c)  A person employed as a cooperative extension home

  9  economist.;

10         (d)  A person pursuing a course of study leading to a

11  degree in dietetics and nutrition from a program or school

12  accredited pursuant to s. 468.509(2), if the activities and

13  services constitute a part of a supervised course of study and

14  if the person is designated by a title that clearly indicates

15  the person's status as a student or trainee.;

16         (e)  A person fulfilling the supervised experience

17  component of s. 468.509, if the activities and services

18  constitute a part of the experience necessary to meet the

19  requirements of s. 468.509.;

20         (f)  Any dietitian or nutritionist from another state

21  practicing dietetics or nutrition incidental to a course of

22  study when taking or giving a postgraduate course or other

23  course of study in this state, provided such dietitian or

24  nutritionist is licensed in another jurisdiction or is a

25  registered dietitian or holds an appointment on the faculty of

26  a school accredited pursuant to s. 468.509(2).;

27         (g)  A person who markets or distributes food, food

28  materials, or dietary supplements, or any person who engages

29  in the explanation of the use and benefits of those products

30  or the preparation of those products, if that person does not

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  1  engage for a fee in dietetics and nutrition practice or

  2  nutrition counseling.;

  3         (h)  A person who markets or distributes food, food

  4  materials, or dietary supplements, or any person who engages

  5  in the explanation of the use of those products or the

  6  preparation of those products, as an employee of an

  7  establishment permitted pursuant to chapter 465.;

  8         (i)  An educator who is in the employ of a nonprofit

  9  organization approved by the council; a federal, state,

10  county, or municipal agency, or other political subdivision;

11  an elementary or secondary school; or an accredited

12  institution of higher education the definition of which, as

13  provided in s. 468.509(2), applies to other sections of this

14  part, insofar as the activities and services of the educator

15  are part of such employment.;

16         (j)  Any person who provides weight control services or

17  related weight control products, provided the program has been

18  reviewed by, consultation is available from, and no program

19  change can be initiated without prior approval by a licensed

20  dietitian/nutritionist, a dietitian or nutritionist licensed

21  in another state that has licensure requirements considered by

22  the council to be at least as stringent as the requirements

23  for licensure under this part, or a registered dietitian.;

24         (k)  A person employed by a hospital licensed under

25  chapter 395, or by a nursing home or assisted living facility

26  licensed under part II or part III of chapter 400, or by a

27  continuing care facility certified under chapter 651, if the

28  person is employed in compliance with the laws and rules

29  adopted thereunder regarding the operation of its dietetic

30  department.;

31

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  1         (l)  A person employed by a nursing facility exempt

  2  from licensing under s. 395.002(11) s. 395.002(12), or a

  3  person exempt from licensing under s. 464.022.; or

  4         (m)  A person employed as a dietetic technician.

  5         Section 45.  Effective January 1, 1999, subsection (2)

  6  of section 641.55, Florida Statutes, is amended to read:

  7         641.55  Internal risk management program.--

  8         (2)  The risk management program shall be the

  9  responsibility of the governing authority or board of the

10  organization. Every organization which has an annual premium

11  volume of $10 million or more and which directly provides

12  health care in a building owned or leased by the organization

13  shall hire a risk manager, certified under ss.

14  395.10971-395.10975 ss. 626.941-626.945, who shall be

15  responsible for implementation of the organization's risk

16  management program required by this section.  A part-time risk

17  manager shall not be responsible for risk management programs

18  in more than four organizations or facilities. Every

19  organization which does not directly provide health care in a

20  building owned or leased by the organization and every

21  organization with an annual premium volume of less than $10

22  million shall designate an officer or employee of the

23  organization to serve as the risk manager.

24

25  The gross data compiled under this section or s. 395.0197

26  shall be furnished by the agency upon request to organizations

27  to be utilized for risk management purposes.  The agency shall

28  adopt rules necessary to carry out the provisions of this

29  section.

30         Section 46.  Paragraph (c) of subsection (4) of section

31  766.1115, Florida Statutes, is amended to read:

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  1         766.1115  Health care providers; creation of agency

  2  relationship with governmental contractors.--

  3         (4)  CONTRACT REQUIREMENTS.--A health care provider

  4  that executes a contract with a governmental contractor to

  5  deliver health care services on or after April 17, 1992, as an

  6  agent of the governmental contractor is an agent for purposes

  7  of s. 768.28(9), while acting within the scope of duties

  8  pursuant to the contract, if the contract complies with the

  9  requirements of this section.  A health care provider under

10  contract with the state may not be named as a defendant in any

11  action arising out of the medical care or treatment provided

12  on or after April 17, 1992, pursuant to contracts entered into

13  under this section.  The contract must provide that:

14         (c)  Adverse incidents and information on treatment

15  outcomes must be reported by any health care provider to the

16  governmental contractor if such incidents and information

17  pertain to a patient treated pursuant to the contract. The

18  health care provider shall annually submit an adverse incident

19  report that includes all information required by s.

20  395.0197(6)(a) s. 395.0197(5)(a), unless the adverse incident

21  involves a result described by s. 395.0197(8) s. 395.0197(6),

22  in which case it shall be reported within 15 days after of the

23  occurrence of such incident. If an incident involves a

24  professional licensed by the Department of Health Business and

25  Professional Regulation or a facility licensed by the Agency

26  for Health Care Administration Department of Health and

27  Rehabilitative Services, the governmental contractor shall

28  submit such incident reports to the appropriate department or

29  agency, which shall review each incident and determine whether

30  it involves conduct by the licensee that is subject to

31  disciplinary action. All patient medical records and any

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  1  identifying information contained in adverse incident reports

  2  and treatment outcomes which are obtained by governmental

  3  entities pursuant to this paragraph are confidential and

  4  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  5  I of the State Constitution.

  6

  7  A governmental contractor that is also a health care provider

  8  is not required to enter into a contract under this section

  9  with respect to the health care services delivered by its

10  employees.

11         Section 47.  Effective January 1, 1999, all powers,

12  duties and functions, rules, records, personnel, property, and

13  unexpended balances of appropriations, allocations, or other

14  funds of the Department of Insurance related to the health

15  care risk manager licensure program, as established in part IX

16  of chapter 626, Florida Statutes, are transferred by a type

17  two transfer, as defined in section 20.06(2), Florida

18  Statutes, from the Department of Insurance to the Agency for

19  Health Care Administration.

20         Section 48.  There is hereby appropriated from the

21  Health Care Trust Fund to the Agency for Health Care

22  Administration, one full-time position and $100,281 in a lump

23  sum to administer the provisions of this act. 

24         Section 49.  Except as otherwise expressly provided in

25  this act, this act shall take effect July 1 of the year in

26  which enacted.

27

28

29

30

31

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