Senate Bill 2132e1

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    CS for SB 2132                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Agency for Health Care

  3         Administration; amending s. 20.42, F.S.;

  4         designating the agency as a department;

  5         reorganizing the agency and removing it from

  6         under the Department of Business and

  7         Professional Regulation; providing for

  8         appointment of the Secretary of Health Care

  9         Administration by the Governor, subject to

10         confirmation by the Senate; providing for

11         responsibilities and administration of the

12         department; amending ss. 120.80, 215.5601,

13         381.6023, 381.90, 395.0163, 395.10972,

14         400.0067, 400.235, 400.4415, 400.967, 408.036,

15         408.05, 408.902, 409.8132, 430.710, 478.44,

16         627.4236, 641.454, 641.60, 641.70, 732.9216, to

17         conform provisions to changes made by the act;

18         repealing s. 408.001, F.S., relating to the

19         Florida Health Care Purchasing Cooperative;

20         providing for repeal on a date certain or upon

21         the occurrence of a contingency; transferring

22         all powers, duties, and functions and funds of

23         the Agency for Health Care Administration of

24         the Department of Business and Professional

25         Regulation to the new department; creating the

26         Public Cord Blood Tissue Bank as a statewide

27         consortium; providing purposes, membership, and

28         duties of the consortium; providing duties of

29         the Agency for Health Care Administration and

30         the Department of Health; providing an

31         exception from provisions of the act; requiring


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    CS for SB 2132                                 First Engrossed



  1         specified written disclosure by certain health

  2         care facilities and providers; specifying that

  3         donation under the act is voluntary;

  4         authorizing the consortium to charge fees;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Section 20.42, Florida Statutes, is amended

10  to read:

11         20.42  Agency for Health Care Administration.--

12         (1)  There is created a department that,

13  notwithstanding the provisions of subsection 20.04(1), shall

14  be called the Agency for Health Care Administration within the

15  Department of Business and Professional Regulation. The agency

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

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

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

19  the Department of Business and Professional Regulation in any

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

21  transactions involving real or personal property, and

22  budgetary matters.

23         (2)(1)  DIRECTOR OF HEALTH CARE ADMINISTRATION.--The

24  head of the department agency is the Secretary Director of

25  Health Care Administration, who shall be appointed by the

26  Governor, subject to confirmation by the Senate. The secretary

27  director shall serve at the pleasure of and report to the

28  Governor.

29         (3)(2)  ORGANIZATION OF THE AGENCY.--The department

30  agency shall be the chief health policy and planning entity

31  for the state. The department is responsible for health


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    CS for SB 2132                                 First Engrossed



  1  facility licensure, inspection, and regulatory enforcement;

  2  investigation of consumer complaints related to health care

  3  facilities and managed care plans; the implementation of the

  4  certificate-of-need program; the operation of the State Center

  5  for Health Statistics; the administration of the Medicaid

  6  program; the administration of the contracts with the Florida

  7  Healthy Kids Corporation; the certification of health

  8  maintenance organizations and prepaid health clinics as set

  9  forth in part III of chapter 641; and any other duties

10  prescribed by law or agreement. organized as follows:

11         (a)  The Division of Health Quality Assurance, which

12  shall be responsible for health facility licensure and

13  inspection.

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

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

16  for Health Statistics, the development of The Florida Health

17  Plan, certificate of need, state and local health planning

18  under s. 408.033, and research and analysis.

19         (c)  The Division of State Health Purchasing shall be

20  responsible for the Medicaid program. The division shall also

21  administer the contracts with the Florida Health Access

22  Corporation program and the Florida Health Care Purchasing

23  Cooperative and the Florida Healthy Kids Corporation.

24         (d)  The Division of Administrative Services, which

25  shall be responsible for revenue management, budget,

26  personnel, and general services.

27         (3)  DEPUTY DIRECTOR FOR HEALTH QUALITY ASSURANCE.--The

28  director shall appoint a Deputy Director for Health Quality

29  Assurance who shall serve at the pleasure of, and be directly

30  responsible to, the director. The Deputy Director for Health

31


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  1  Quality Assurance shall be responsible for the Division of

  2  Health Quality Assurance.

  3         (4)  DEPUTY DIRECTOR FOR HEALTH POLICY AND COST

  4  CONTROL.--The director shall appoint a Deputy Director for

  5  Health Policy and Cost Control who shall serve at the pleasure

  6  of, and be directly responsible to, the director. The Deputy

  7  Director for Health Policy and Cost Control shall be

  8  responsible for the Division of Health Policy and Cost

  9  Control.

10         (5)  DEPUTY DIRECTOR FOR STATE HEALTH PURCHASING.--The

11  director shall appoint a Deputy Director for State Health

12  Purchasing who shall serve at the pleasure of, and be directly

13  responsible to, the director. The Deputy Director for State

14  Health Purchasing shall be responsible for the Division of

15  State Health Purchasing.

16         (6)  DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES.--The

17  director shall appoint a Deputy Director of Administrative

18  Services who shall serve at the pleasure of, and be directly

19  responsible to, the director. The deputy director shall be

20  responsible for the Division of Administrative Services.

21         Section 2.  Subsection (15) of section 120.80, Florida

22  Statutes, is amended to read:

23         120.80  Exceptions and special requirements;

24  agencies.--

25         (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

26  120.57(1)(a), formal hearings may not be conducted by the

27  Secretary of Health, the Secretary of director of the Agency

28  for Health Care Administration, or a board or member of a

29  board within the Department of Health or the Agency for Health

30  Care Administration for matters relating to the regulation of

31  professions, as defined by part II of chapter 455.


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    CS for SB 2132                                 First Engrossed



  1  Notwithstanding s. 120.57(1)(a), hearings conducted within the

  2  Department of Health in execution of the Special Supplemental

  3  Nutrition Program for Women, Infants, and Children; Child Care

  4  Food Program; Children's Medical Services Program; and the

  5  exemption from disqualification reviews for certified nurse

  6  assistants program need not be conducted by an administrative

  7  law judge assigned by the division. The Department of Health

  8  may contract with the Department of Children and Family

  9  Services for a hearing officer in these matters.

10         Section 3.  Paragraph (d) of subsection (4) of section

11  215.5601, Florida Statutes, is amended to read:

12         215.5601  Lawton Chiles Endowment Fund.--

13         (4)  LAWTON CHILES ENDOWMENT FUND; CREATION; PURPOSES

14  AND USES.--

15         (d)  The Secretary of Health, the Secretary of Children

16  and Family Services, the Secretary of Elderly Affairs, and the

17  Secretary Director of Health Care Administration shall conduct

18  meetings to discuss program priorities for endowment funding

19  prior to submitting their budget requests to the Executive

20  Office of the Governor and the Legislature. The purpose of the

21  meetings shall be to gain consensus for priority requests and

22  recommended endowment funding levels for those priority

23  requests. An agency head may not designate a proxy for these

24  meetings.

25         Section 4.  Subsections (2), (3), and (7) of section

26  381.0602, Florida Statutes, are amended to read:

27         381.0602  Organ Transplant Advisory Council;

28  membership; responsibilities.--

29         (2)  The Secretary Director of Health Care

30  Administration shall appoint all members of the council to

31  serve a term of 2 years.


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  1         (3)  The Secretary Director of Health Care

  2  Administration shall fill each vacancy on the council for the

  3  balance of the unexpired term. Priority consideration must be

  4  given to the appointment of an individual whose primary

  5  interest, experience, or expertise lies with clients of the

  6  Department of Health and the agency. If an appointment is not

  7  made within 120 days after a vacancy occurs on the council,

  8  the vacancy must be filled by the majority vote of the

  9  council.

10         (7)  The council shall meet at least annually or upon

11  the call of the chairperson or the Secretary Director of

12  Health Care Administration.

13         Section 5.  Subsection (1) of section 381.6023, Florida

14  Statutes, is amended to read:

15         381.6023  Organ and Tissue Procurement and

16  Transplantation Advisory Board; creation; duties.--

17         (1)  There is hereby created the Organ and Tissue

18  Procurement and Transplantation Advisory Board, which shall

19  consist of 14 members who are appointed by and report directly

20  to the Secretary Director of Health Care Administration. The

21  membership must be regionally distributed and must include:

22         (a)  Two representatives who have expertise in vascular

23  organ transplant surgery;

24         (b)  Two representatives who have expertise in vascular

25  organ procurement, preservation, and distribution;

26         (c)  Two representatives who have expertise in

27  musculoskeletal tissue transplant surgery;

28         (d)  Two representatives who have expertise in

29  musculoskeletal tissue procurement, processing, and

30  distribution;

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    CS for SB 2132                                 First Engrossed



  1         (e)  A representative who has expertise in eye and

  2  cornea transplant surgery;

  3         (f)  A representative who has expertise in eye and

  4  cornea procurement, processing, and distribution;

  5         (g)  A representative who has expertise in bone marrow

  6  procurement, processing, and transplantation;

  7         (h)  A representative from the Florida Pediatric

  8  Society;

  9         (i)  A representative from the Florida Society of

10  Pathologists; and

11         (j)  A representative from the Florida Medical

12  Examiners Commission.

13         Section 6.  Subsection (3) of section 381.90, Florida

14  Statutes, is amended to read:

15         381.90  Health Information Systems Council; legislative

16  intent; creation, appointment, duties.--

17         (3)  The council shall be composed of the following

18  members or their senior executive-level designees:

19         (a)  The secretary of the Department of Health;

20         (b)  The secretary of the Department of Business and

21  Professional Regulation;

22         (c)  The secretary of the Department of Children and

23  Family Services;

24         (d)  The secretary of director of the Agency for Health

25  Care Administration;

26         (e)  The secretary of the Department of Corrections;

27         (f)  The Attorney General;

28         (g)  The executive director of the Correctional Medical

29  Authority;

30

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  1         (h)  Two members representing county health

  2  departments, one from a small county and one from a large

  3  county, appointed by the Governor;

  4         (i)  A representative from the Florida Association of

  5  Counties;

  6         (j)  The State Treasurer and Insurance Commissioner;

  7         (k)  A representative from the Florida Healthy Kids

  8  Corporation;

  9         (l)  A representative from a school of public health

10  chosen by the Board of Regents;

11         (m)  The Commissioner of Education;

12         (n)  The secretary of the Department of Elderly

13  Affairs; and

14         (o)  The secretary of the Department of Juvenile

15  Justice.

16

17  Representatives of the Federal Government may serve without

18  voting rights.

19         Section 7.  Paragraph (a) of subsection (1) of section

20  395.0163, Florida Statutes, is amended to read:

21         395.0163  Construction inspections; plan submission and

22  approval; fees.--

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

24  such construction inspections and investigations as it deems

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

26  or applicant desiring to make specified types of alterations

27  or additions to its facilities or to construct new facilities

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

29  construction, submit plans and specifications therefor to the

30  agency for preliminary inspection and approval or

31  recommendation with respect to compliance with agency rules


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    CS for SB 2132                                 First Engrossed



  1  and standards.  The agency shall approve or disapprove the

  2  plans and specifications within 60 days after receipt of the

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

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

  5  period if the secretary director of the agency approves the

  6  extension. If the agency fails to act within the specified

  7  time, it shall be deemed to have approved the plans and

  8  specifications.  When the agency disapproves plans and

  9  specifications, it shall set forth in writing the reasons for

10  its disapproval. Conferences and consultations may be provided

11  as necessary.

12         Section 8.  Section 395.10972, Florida Statutes, is

13  amended to read:

14         395.10972  Health Care Risk Manager Advisory

15  Council.--The Secretary Director of Health Care Administration

16  may appoint a five-member advisory council to advise the

17  agency on matters pertaining to health care risk managers. The

18  members of the council shall serve at the pleasure of the

19  secretary director. The council shall designate a chair. The

20  council shall meet at the call of the secretary director or at

21  those times as may be required by rule of the agency.  The

22  members of the advisory council shall receive no compensation

23  for their services, but shall be reimbursed for travel

24  expenses as provided in s. 112.061. The council shall consist

25  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 9.  Paragraph (h) of subsection (2) of section

  2  400.0067, Florida Statutes, is amended to read:

  3         400.0067  Establishment of State Long-Term Care

  4  Ombudsman Council; duties; membership.--

  5         (2)  The State Long-Term Care Ombudsman Council shall:

  6         (h)  Prepare an annual report describing the activities

  7  carried out by the ombudsman and the State Long-Term Care

  8  Ombudsman Council in the year for which the report is

  9  prepared.  The State Long-Term Care Ombudsman Council shall

10  submit the report to the Commissioner of the United States

11  Administration on Aging, the Governor, the President of the

12  Senate, the Speaker of the House of Representatives, the

13  minority leaders of the House and Senate, the chairpersons of

14  appropriate House and Senate committees, the Secretaries of

15  Elderly Affairs and Children and Family Services, and the

16  Secretary Director of Health Care Administration. The report

17  shall be submitted at least 30 days before the convening of

18  the regular session of the Legislature and shall, at a

19  minimum:

20         1.  Contain and analyze data collected concerning

21  complaints about and conditions in long-term care facilities.

22         2.  Evaluate the problems experienced by residents of

23  long-term care facilities.

24         3.  Contain recommendations for improving the quality

25  of life of the residents and for protecting the health,

26  safety, welfare, and rights of the residents.

27         4.  Analyze the success of the ombudsman program during

28  the preceding year and identify the barriers that prevent the

29  optimal operation of the program.  The report of the program's

30  successes shall also address the relationship between the

31  state long-term care ombudsman program, the Department of


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  1  Elderly Affairs, the Agency for Health Care Administration,

  2  and the Department of Children and Family Services, and an

  3  assessment of how successfully the state long-term care

  4  ombudsman program has carried out its responsibilities under

  5  the Older Americans Act.

  6         5.  Provide policy and regulatory and legislative

  7  recommendations to solve identified problems; resolve

  8  residents' complaints; improve the quality of care and life of

  9  the residents; protect the health, safety, welfare, and rights

10  of the residents; and remove the barriers to the optimal

11  operation of the state long-term care ombudsman program.

12         6.  Contain recommendations from the district ombudsman

13  councils regarding program functions and activities.

14         7.  Include a report on the activities of the legal

15  advocate and other legal advocates acting on behalf of the

16  district and state councils.

17         Section 10.  Paragraph (a) of subsection (3) of section

18  400.235, Florida Statutes, is amended to read:

19         400.235  Nursing home quality and licensure status;

20  Gold Seal Program.--

21         (3)(a)  The Gold Seal Program shall be developed and

22  implemented by the Governor's Panel on Excellence in Long-Term

23  Care which shall operate under the authority of the Executive

24  Office of the Governor. The panel shall be composed of three

25  persons appointed by the Governor, to include a consumer

26  advocate for senior citizens and two persons with expertise in

27  the fields of quality management, service delivery excellence,

28  or public sector accountability; three persons appointed by

29  the Secretary of Elderly Affairs, to include an active member

30  of a nursing facility family and resident care council and a

31  member of the University Consortium on Aging; the State


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    CS for SB 2132                                 First Engrossed



  1  Long-Term Care Ombudsman; one person appointed by the Florida

  2  Life Care Residents Association; one person appointed by the

  3  Secretary of Health; two persons appointed by the Secretary

  4  Director of Health Care Administration, to include the Deputy

  5  Director for State Health Purchasing; one person appointed by

  6  the Florida Association of Homes for the Aging; and one person

  7  appointed by the Florida Health Care Association. All members

  8  of the panel shall be appointed by October 1, 1999, and the

  9  panel shall hold its organizational meeting no later than

10  December 10, 1999. Vacancies on the panel shall be filled in

11  the same manner as the original appointments. No member shall

12  serve for more than 4 consecutive years from the date of

13  appointment.

14         Section 11.  Subsection (1) of section 400.4415,

15  Florida Statutes, is amended to read:

16         400.4415  Assisted living facilities advisory

17  committee.--

18         (1)  There is created the assisted living facilities

19  advisory committee, which shall assist the agency in

20  developing and implementing a pilot rating system for

21  facilities. The committee shall consist of nine members who

22  are to be appointed by, and report directly to, the secretary

23  director of the agency.  The membership is to include:

24         (a)  One researcher from a university center on aging.

25         (b)  One representative from the Florida Health Care

26  Association.

27         (c)  One representative from the Florida Assisted

28  Living Association.

29         (d)  One representative from the Florida Association of

30  Homes for the Aging.

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  1         (e)  One representative from the Agency for Health Care

  2  Administration.

  3         (f)  One representative from the adult services program

  4  of the Department of Children and Family Services.

  5         (g)  One representative from the alcohol, drug abuse,

  6  and mental health program of the Department of Children and

  7  Family Services.

  8         (h)  One representative from the Department of Elderly

  9  Affairs.

10         (i)  One consumer representative from a district

11  long-term care ombudsman council.

12         Section 12.  Subsection (5) of section 400.967, Florida

13  Statutes, is amended to read:

14         400.967  Rules and classification of deficiencies.--

15         (5)  The agency shall approve or disapprove the plans

16  and specifications within 60 days after receipt of the final

17  plans and specifications. The agency may be granted one 15-day

18  extension for the review period, if the secretary director of

19  the agency so approves. If the agency fails to act within the

20  specified time, it is deemed to have approved the plans and

21  specifications. When the agency disapproves plans and

22  specifications, it must set forth in writing the reasons for

23  disapproval. Conferences and consultations may be provided as

24  necessary.

25         Section 13.  Subsection (3) of section 408.036, Florida

26  Statutes, is amended to read:

27         408.036  Projects subject to review.--

28         (3)  EXEMPTIONS.--Upon request, supported by such

29  documentation as the agency requires, the agency shall grant

30  an exemption from the provisions of subsection (1):

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    CS for SB 2132                                 First Engrossed



  1         (a)  For the initiation or expansion of obstetric

  2  services.

  3         (b)  For any expenditure to replace or renovate any

  4  part of a licensed health care facility, provided that the

  5  number of licensed beds will not increase and, in the case of

  6  a replacement facility, the project site is the same as the

  7  facility being replaced.

  8         (c)  For providing respite care services. An individual

  9  may be admitted to a respite care program in a hospital

10  without regard to inpatient requirements relating to admitting

11  order and attendance of a member of a medical staff.

12         (d)  For hospice services or home health services

13  provided by a rural hospital, as defined in s. 395.602, or for

14  swing beds in such rural hospital in a number that does not

15  exceed one-half of its licensed beds.

16         (e)  For the conversion of licensed acute care hospital

17  beds to Medicare and Medicaid certified skilled nursing beds

18  in a rural hospital as defined in s. 395.602, so long as the

19  conversion of the beds does not involve the construction of

20  new facilities. The total number of skilled nursing beds,

21  including swing beds, may not exceed one-half of the total

22  number of licensed beds in the rural hospital as of July 1,

23  1993. Certified skilled nursing beds designated under this

24  paragraph, excluding swing beds, shall be included in the

25  community nursing home bed inventory.  A rural hospital which

26  subsequently decertifies any acute care beds exempted under

27  this paragraph shall notify the agency of the decertification,

28  and the agency shall adjust the community nursing home bed

29  inventory accordingly.

30         (f)  For the addition of nursing home beds at a skilled

31  nursing facility that is part of a retirement community that


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  1  provides a variety of residential settings and supportive

  2  services and that has been incorporated and operated in this

  3  state for at least 65 years on or before July 1, 1994. All

  4  nursing home beds must not be available to the public but must

  5  be for the exclusive use of the community residents.

  6         (g)  For an increase in the bed capacity of a nursing

  7  facility licensed for at least 50 beds as of January 1, 1994,

  8  under part II of chapter 400 which is not part of a continuing

  9  care facility if, after the increase, the total licensed bed

10  capacity of that facility is not more than 60 beds and if the

11  facility has been continuously licensed since 1950 and has

12  received a superior rating on each of its two most recent

13  licensure surveys.

14         (h)  For the establishment of a Medicare-certified home

15  health agency by a facility certified under chapter 651; a

16  retirement community, as defined in s. 400.404(2)(g); or a

17  residential facility that serves only retired military

18  personnel, their dependents, and the surviving dependents of

19  deceased military personnel. Medicare-reimbursed home health

20  services provided through such agency shall be offered

21  exclusively to residents of the facility or retirement

22  community or to residents of facilities or retirement

23  communities owned, operated, or managed by the same corporate

24  entity. Each visit made to deliver Medicare-reimbursable home

25  health services to a home health patient who, at the time of

26  service, is not a resident of the facility or retirement

27  community shall be a deceptive and unfair trade practice and

28  constitutes a violation of ss. 501.201-501.213.

29         (i)  For the establishment of a Medicare-certified home

30  health agency. This paragraph shall take effect 90 days after

31  the adjournment sine die of the next regular session of the


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  1  Legislature occurring after the legislative session in which

  2  the Legislature receives a report from the Secretary Director

  3  of Health Care Administration certifying that the federal

  4  Health Care Financing Administration has implemented a

  5  per-episode prospective pay system for Medicare-certified home

  6  health agencies.

  7         (j)  For an inmate health care facility built by or for

  8  the exclusive use of the Department of Corrections as provided

  9  in chapter 945. This exemption expires when such facility is

10  converted to other uses.

11         (k)  For an expenditure by or on behalf of a health

12  care facility to provide a health service exclusively on an

13  outpatient basis.

14         (l)  For the termination of a health care service.

15         (m)  For the delicensure of beds. An application

16  submitted under this paragraph must identify the number, the

17  classification, and the name of the facility in which the beds

18  to be delicensed are located.

19         (n)  For the provision of adult inpatient diagnostic

20  cardiac catheterization services in a hospital.

21         1.  In addition to any other documentation otherwise

22  required by the agency, a request for an exemption submitted

23  under this paragraph must comply with the following criteria:

24         a.  The applicant must certify it will not provide

25  therapeutic cardiac catheterization pursuant to the grant of

26  the exemption.

27         b.  The applicant must certify it will meet and

28  continuously maintain the minimum licensure requirements

29  adopted by the agency governing such programs pursuant to

30  subparagraph 2.

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    CS for SB 2132                                 First Engrossed



  1         c.  The applicant must certify it will provide a

  2  minimum of 2 percent of its services to charity and Medicaid

  3  patients.

  4         2.  The agency shall adopt licensure requirements by

  5  rule which govern the operation of adult inpatient diagnostic

  6  cardiac catheterization programs established pursuant to the

  7  exemption provided in this paragraph. The rules shall ensure

  8  that such programs:

  9         a.  Perform only adult inpatient diagnostic cardiac

10  catheterization services authorized by the exemption and will

11  not provide therapeutic cardiac catheterization or any other

12  services not authorized by the exemption.

13         b.  Maintain sufficient appropriate equipment and

14  health personnel to ensure quality and safety.

15         c.  Maintain appropriate times of operation and

16  protocols to ensure availability and appropriate referrals in

17  the event of emergencies.

18         d.  Maintain appropriate program volumes to ensure

19  quality and safety.

20         e.  Provide a minimum of 2 percent of its services to

21  charity and Medicaid patients each year.

22         3.a.  The exemption provided by this paragraph shall

23  not apply unless the agency determines that the program is in

24  compliance with the requirements of subparagraph 1. and that

25  the program will, after beginning operation, continuously

26  comply with the rules adopted pursuant to subparagraph 2.  The

27  agency shall monitor such programs to ensure compliance with

28  the requirements of subparagraph 2.

29         b.(I)  The exemption for a program shall expire

30  immediately when the program fails to comply with the rules

31  adopted pursuant to sub-subparagraphs 2.a., b., and c.


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    CS for SB 2132                                 First Engrossed



  1         (II)  Beginning 18 months after a program first begins

  2  treating patients, the exemption for a program shall expire

  3  when the program fails to comply with the rules adopted

  4  pursuant to sub-subparagraphs 2.d. and e.

  5         (III)  If the exemption for a program expires pursuant

  6  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

  7  agency shall not grant an exemption pursuant to this paragraph

  8  for an adult inpatient diagnostic cardiac catheterization

  9  program located at the same hospital until 2 years following

10  the date of the determination by the agency that the program

11  failed to comply with the rules adopted pursuant to

12  subparagraph 2.

13         4.  The agency shall not grant any exemption under this

14  paragraph until the adoption of the rules required under this

15  paragraph, or until March 1, 1998, whichever comes first.

16  However, if final rules have not been adopted by March 1,

17  1998, the proposed rules governing the exemptions shall be

18  used by the agency to grant exemptions under the provisions of

19  this paragraph until final rules become effective.

20         (o)  For any expenditure to provide mobile surgical

21  facilities and related health care services under contract

22  with the Department of Corrections or a private correctional

23  facility operating pursuant to chapter 957.

24         (p)  For state veterans' nursing homes operated by or

25  on behalf of the Florida Department of Veterans' Affairs in

26  accordance with part II of chapter 296 for which at least 50

27  percent of the construction cost is federally funded and for

28  which the Federal Government pays a per diem rate not to

29  exceed one-half of the cost of the veterans' care in such

30  state nursing homes. These beds shall not be included in the

31  nursing home bed inventory.


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  1

  2  A request for exemption under this subsection may be made at

  3  any time and is not subject to the batching requirements of

  4  this section.

  5         Section 14.  Paragraph (a) of subsection (8) of section

  6  408.05, Florida Statutes, is amended to read:

  7         408.05  State Center for Health Statistics.--

  8         (8)  STATE COMPREHENSIVE HEALTH INFORMATION SYSTEM

  9  ADVISORY COUNCIL.--

10         (a)  There is established in the agency the State

11  Comprehensive Health Information System Advisory Council to

12  assist the center in reviewing the comprehensive health

13  information system and to recommend improvements for such

14  system. The council shall consist of the following members:

15         1.  An employee of the Executive Office of the

16  Governor, to be appointed by the Governor.

17         2.  An employee of the Department of Insurance, to be

18  appointed by the Insurance Commissioner.

19         3.  An employee of the Department of Education, to be

20  appointed by the Commissioner of Education.

21         4.  Ten persons, to be appointed by the Secretary

22  Director of Health Care Administration, representing other

23  state and local agencies, state universities, the Florida

24  Association of Business/Health Coalitions, local health

25  councils, professional health-care-related associations,

26  consumers, and purchasers.

27         Section 15.  Subsection (1) of section 408.902, Florida

28  Statutes, is amended to read:

29         408.902  MedAccess program; creation; program title.--

30         (1)  Effective July 1, 1994, there is hereby created

31  the MedAccess program to be administered by the Agency for


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    CS for SB 2132                                 First Engrossed



  1  Health Care Administration.  The MedAccess program shall not

  2  be subject to the requirements of the Department of Insurance

  3  or chapter 627. The secretary director of the agency shall

  4  appoint an administrator of the MedAccess program which shall

  5  be located in the Division of State Health Purchasing.

  6         Section 16.  Subsection (2) of section 409.8132,

  7  Florida Statutes, is amended to read:

  8         409.8132  Medikids program component.--

  9         (2)  ADMINISTRATION.--The secretary director of the

10  agency shall appoint an administrator of the Medikids program

11  component, which shall be located in the Division of State

12  Health Purchasing. The Agency for Health Care Administration

13  is designated as the state agency authorized to make payments

14  for medical assistance and related services for the Medikids

15  program component of the Florida Kidcare program. Payments

16  shall be made, subject to any limitations or directions in the

17  General Appropriations Act, only for covered services provided

18  to eligible children by qualified health care providers under

19  the Florida Kidcare program.

20         Section 17.  Subsection (1) of section 430.710, Florida

21  Statutes, is amended to read:

22         430.710  Long-term care interagency advisory council.--

23         (1)  The long-term care interagency advisory council is

24  created within the Department of Elderly Affairs to advise the

25  secretary of the department on matters related to the

26  long-term care community diversion pilot projects.  The

27  department and the agency shall provide staff support to the

28  council, as determined by the secretary of the department and

29  the secretary director of the agency.

30

31


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    CS for SB 2132                                 First Engrossed



  1         (a)  The Secretary of the Department of Children and

  2  Family Services shall appoint four members, one each to

  3  represent the following:

  4         1.  Consumers, or family or guardians of consumers, of

  5  optional state supplementation, adult protective services,

  6  developmental services, or mental health services from the

  7  department.

  8         2.  Providers of community-based services.

  9         3.  Consumer advocacy organizations.

10         4.  Consumers, or representatives of consumers, who

11  have nonage related physical disabilities.

12         (b)  The Secretary of the Department of Elderly Affairs

13  shall appoint five members, one each to represent the

14  following:

15         1.  The nursing home industry.

16         2.  The assisted living industry.

17         3.  Consumers of long-term care services.

18         4.  Providers of community-based services.

19         5.  Area Agencies on Aging.

20         (c)  The Commissioner of Insurance shall appoint one

21  member to represent the insurance industry.

22         (d)  The Secretary of Director of the Agency for Health

23  Care Administration shall appoint three members, one each to

24  represent the following:

25         1.  The hospital industry.

26         2.  The home health industry.

27         3.  Health maintenance organizations.

28         Section 18.  Paragraph (c) of subsection (4) of section

29  478.44, Florida Statutes, is amended to read:

30         478.44  Electrolysis Council; creation; function;

31  powers and duties.--


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  1         (4)

  2         (c)  Unless otherwise provided by law, a council member

  3  shall be compensated $50 for each day the member attends an

  4  official meeting of the council or participates in official

  5  council business.  A council member is also entitled to

  6  reimbursement for expenses pursuant to s. 112.061. Travel out

  7  of state requires the prior approval of the Secretary Director

  8  of Health Care Administration.

  9         Section 19.  Subsection (3) of section 627.4236,

10  Florida Statutes, is amended to read:

11         627.4236  Coverage for bone marrow transplant

12  procedures.--

13         (3)(a)  The Agency for Health Care Administration shall

14  adopt rules specifying the bone marrow transplant procedures

15  that are accepted within the appropriate oncological specialty

16  and are not experimental for purposes of this section. The

17  rules must be based upon recommendations of an advisory panel

18  appointed by the secretary director of the agency, composed

19  of:

20         1.  One adult oncologist, selected from a list of three

21  names recommended by the Florida Medical Association;

22         2.  One pediatric oncologist, selected from a list of

23  three names recommended by the Florida Pediatric Society;

24         3.  One representative of the J. Hillis Miller Health

25  Center at the University of Florida;

26         4.  One representative of the H. Lee Moffitt Cancer

27  Center and Research Institute, Inc.;

28         5.  One consumer representative, selected from a list

29  of three names recommended by the Insurance Commissioner;

30         6.  One representative of the Health Insurance

31  Association of America;


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    CS for SB 2132                                 First Engrossed



  1         7.  Two representatives of health insurers, one of whom

  2  represents the insurer with the largest Florida health

  3  insurance premium volume and one of whom represents the

  4  insurer with the second largest Florida health insurance

  5  premium volume; and

  6         8.  One representative of the insurer with the largest

  7  Florida small group health insurance premium volume.

  8         (b)  The director shall also appoint a member of the

  9  advisory panel to serve as chairperson.

10         (c)  The agency shall provide, within existing

11  resources, staff support to enable the panel to carry out its

12  responsibilities under this section.

13         (d)  In making recommendations and adopting rules under

14  this section, the advisory panel and the director shall:

15         1.  Take into account findings, studies, or research of

16  the federal Agency for Health Care Policy, National Cancer

17  Institute, National Academy of Sciences, Health Care Financing

18  Administration, and Congressional Office of Technology

19  Assessment, and any other relevant information.

20         2.  Consider whether the federal Food and Drug

21  Administration or National Cancer Institute are conducting or

22  sponsoring assessment procedures to determine the safety and

23  efficacy of the procedure or substantially similar procedures,

24  or of any part of such procedures.

25         3.  Consider practices of providers with respect to

26  requesting or requiring patients to sign a written

27  acknowledgment that a bone marrow transplant procedure is

28  experimental.

29         (e)  The advisory panel shall conduct, at least

30  biennially, a review of scientific evidence to ensure that its

31  recommendations are based on current research findings and


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    CS for SB 2132                                 First Engrossed



  1  that insurance policies offer coverage for the latest

  2  medically acceptable bone marrow transplant procedures.

  3         Section 20.  Section 641.454, Florida Statutes, is

  4  amended to read:

  5         641.454  Civil action to enforce prepaid health clinic

  6  contract; attorney's fees; court costs.--In any civil action

  7  brought to enforce the terms and conditions of a prepaid

  8  health clinic contract, the prevailing party is entitled to

  9  recover reasonable attorney's fees and court costs.  This

10  section shall not be construed to authorize a civil action

11  against the department, its employees, or the Insurance

12  Commissioner and Treasurer or against the Agency for Health

13  Care Administration, the employees of the Agency for Health

14  Care Administration, or the Secretary Director of Health Care

15  Administration.

16         Section 21.  Paragraph (f) of subsection (6) of section

17  641.60, Florida Statutes, is amended to read:

18         641.60  Statewide Managed Care Ombudsman Committee.--

19         (6)  The statewide committee or a member of the

20  committee:

21         (f)  Shall conduct meetings at least two times a year

22  at the call of the chairperson and at other times at the call

23  of the secretary of the agency director or by written request

24  of three members.

25         Section 22.  Subsection (3) of section 641.70, Florida

26  Statutes, is amended to read:

27         641.70  Agency duties relating to the Statewide Managed

28  Care Ombudsman Committee and the district managed care

29  ombudsman committees.--

30

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    CS for SB 2132                                 First Engrossed



  1         (3)  The secretary director of the agency shall ensure

  2  the full cooperation and assistance of agency employees with

  3  members of the statewide committee and district committees.

  4         Section 23.  Subsections (3) and (5) of section

  5  732.9216, Florida Statutes, are amended to read:

  6         732.9216  Organ and tissue donor education panel.--

  7         (3)  All members of the panel shall be appointed by the

  8  Secretary Director of Health Care Administration to serve a

  9  term of 2 years, except that, initially, six members shall be

10  appointed for 1-year terms and six members shall be appointed

11  for 2-year terms.

12         (5)  The panel shall meet at least semiannually or upon

13  the call of the chairperson or the Secretary Director of

14  Health Care Administration.

15         Section 24.  Section 408.001, Florida Statutes, is

16  repealed effective December 31, 2000, or upon dissolution of

17  the Florida Health Care Purchasing Cooperative, whichever

18  occurs first.

19         Section 25.  All powers, duties, and functions and

20  rules, records, personnel, property, and unexpended balances

21  of appropriations, allocations, or other funds of the Agency

22  for Health Care Administration within the Department of

23  Business and Professional Regulation are transferred by a type

24  one transfer, as defined in s. 20.06(1), Florida Statutes, to

25  the Agency for Health Care Administration, as created by this

26  act.

27         Section 26.  PUBLIC CORD BLOOD TISSUE BANK.--

28         (1)  There is established a statewide consortium to be

29  known as the Public Cord Blood Tissue Bank. The Public Cord

30  Blood Tissue Bank is established as a nonprofit legal entity

31  to collect, screen for infectious and genetic diseases,


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    CS for SB 2132                                 First Engrossed



  1  perform tissue typing, cryopreserve, and store umbilical cord

  2  blood as a resource to the public.  The University of Florida,

  3  the University of South Florida, the University of Miami, and

  4  the Mayo Clinic, Jacksonville shall jointly form the

  5  collaborative consortium, each working with community

  6  resources such as regional blood banks, hospitals, and other

  7  health care providers to develop local and regional coalitions

  8  for the purposes set forth in this act.  The consortium

  9  participants shall align their outreach programs and

10  activities to all geographic areas of the state, covering the

11  entire state.  The consortium is encouraged to conduct

12  outreach and research for Hispanics, African Americans, Native

13  Americans, and other ethnic and racial minorities.

14         (2)  The Agency for Health Care Administration and the

15  Department of Health shall encourage health care providers,

16  including, but not limited to, hospitals, birthing facilities,

17  county health departments, physicians, midwives, and nurses,

18  to disseminate information about the Public Cord Blood Tissue

19  Bank.

20         (3)  Nothing in this section creates a requirement of

21  any health care or services program that is directly

22  affiliated with a bona fide religious denomination that

23  includes as an integral part of its beliefs and practices the

24  tenet that blood transfer is contrary to the moral principles

25  the denomination considers to be an essential part of its

26  beliefs.

27         (4)  Any health care facility or health care provider

28  receiving financial remuneration for the collection of

29  umbilical cord blood shall provide written disclosure of this

30  information to any woman postpartum or parent of a newborn

31


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  1  from whom the umbilical cord blood is collected prior to the

  2  harvesting of the umbilical cord blood.

  3         (5)  A woman admitted to a hospital or birthing

  4  facility for obstetrical services may be offered the

  5  opportunity to donate umbilical cord blood to the Public Cord

  6  Blood Tissue Bank.  A woman may not be required to make such a

  7  donation.

  8         (6)  The consortium may charge reasonable rates and

  9  fees to recipients of cord blood tissue bank products.

10         (7)  In order to fund the provisions of this section

11  the consortium participants, the Agency for Health Care

12  Administration, and the Department of Health shall seek

13  private or federal funds to initiate program actions for

14  fiscal year 2000-2001.

15         Section 27.  This act shall take effect October 1,

16  2000.

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