CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Health Care Services offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (4) of section 212.055, Florida

18  Statutes, is amended, and subsection (7) is added to that

19  section, to read:

20         212.055  Discretionary sales surtaxes; legislative

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

22  legislative intent that any authorization for imposition of a

23  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

30  be expended; and such other requirements as the Legislature

31  may provide.  Taxable transactions and administrative

                                  1

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1  procedures shall be as provided in s. 212.054.

 2         (4)  INDIGENT CARE AND TRAUMA CENTER SURTAX.--

 3         (a)  The governing body in each county the government

 4  of which is not consolidated with that of one or more

 5  municipalities, which has a population of at least 800,000

 6  residents and is not authorized to levy a surtax under

 7  subsection (5) or subsection (6), may levy, pursuant to an

 8  ordinance either approved by an extraordinary vote of the

 9  governing body or conditioned to take effect only upon

10  approval by a majority vote of the electors of the county

11  voting in a referendum, a discretionary sales surtax at a rate

12  that may not exceed 0.5 percent.

13         (b)  If the ordinance is conditioned on a referendum, a

14  statement that includes a brief and general description of the

15  purposes to be funded by the surtax and that conforms to the

16  requirements of s. 101.161 shall be placed on the ballot by

17  the governing body of the county.  The following questions

18  shall be placed on the ballot:

19

20                     FOR THE. . . .CENTS TAX

21                   AGAINST THE. . . .CENTS TAX

22

23         (c)  The ordinance adopted by the governing body

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

25  plan for providing health care services to qualified

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

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

28  care services for both indigent persons and the medically

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

30  preventive care as well as hospital care. The plan must also

31  address the services to be provided by the Level I trauma

                                  2

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1  center. It shall emphasize a continuity of care in the most

 2  cost-effective setting, taking into consideration both a high

 3  quality of care and geographic access.  Where consistent with

 4  these objectives, it shall include, without limitation,

 5  services rendered by physicians, clinics, community hospitals,

 6  mental health centers, and alternative delivery sites, as well

 7  as at least one regional referral hospital where appropriate.

 8  It shall provide that agreements negotiated between the county

 9  and providers, including hospitals with a Level I trauma

10  center, will include reimbursement methodologies that take

11  into account the cost of services rendered to eligible

12  patients, recognize hospitals that render a disproportionate

13  share of indigent care, provide other incentives to promote

14  the delivery of charity care, promote the advancement of

15  technology in medical services, recognize the level of

16  responsiveness to medical needs in trauma cases, and require

17  cost containment including, but not limited to, case

18  management. It must also provide that any hospitals that are

19  owned and operated by government entities on May 21, 1991,

20  must, as a condition of receiving funds under this subsection,

21  afford public access equal to that provided under s. 286.011

22  as to meetings of the governing board, the subject of which is

23  budgeting resources for the rendition of charity care as that

24  term is defined in the Florida Hospital Uniform Reporting

25  System (FHURS) manual referenced in s. 408.07.  The plan shall

26  also include innovative health care programs that provide

27  cost-effective alternatives to traditional methods of service

28  delivery and funding.

29         (d)  For the purpose of this subsection, the term

30  "qualified resident" means residents of the authorizing county

31  who are:

                                  3

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1         1.  Qualified as indigent persons as certified by the

 2  authorizing county;

 3         2.  Certified by the authorizing county as meeting the

 4  definition of the medically poor, defined as persons having

 5  insufficient income, resources, and assets to provide the

 6  needed medical care without using resources required to meet

 7  basic needs for shelter, food, clothing, and personal

 8  expenses; or not being eligible for any other state or federal

 9  program, or having medical needs that are not covered by any

10  such program; or having insufficient third-party insurance

11  coverage.  In all cases, the authorizing county is intended to

12  serve as the payor of last resort; or

13         3.  Participating in innovative, cost-effective

14  programs approved by the authorizing county.

15         (e)  Moneys collected pursuant to this subsection

16  remain the property of the state and shall be distributed by

17  the Department of Revenue on a regular and periodic basis to

18  the clerk of the circuit court as ex officio custodian of the

19  funds of the authorizing county. The clerk of the circuit

20  court shall:

21         1.  Maintain the moneys in an indigent health care

22  trust fund;

23         2.  Invest any funds held on deposit in the trust fund

24  pursuant to general law; and

25         3.  Disburse the funds, including any interest earned,

26  to any provider of health care services, as provided in

27  paragraphs (c) and (d), upon directive from the authorizing

28  county. However, if a county has a population of at least

29  800,000 residents and has levied the surtax authorized in this

30  subsection, notwithstanding any directive from the authorizing

31  county, on October 1 of each calendar year, the clerk of the

                                  4

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1  circuit court shall issue a check in the amount of $6 million

 2  to a hospital in its jurisdiction that has a Level I trauma

 3  center. The issuance of the checks on October 1 of each year

 4  is provided in recognition of the Level I trauma center status

 5  and shall be in addition to the base contract amount received

 6  during fiscal year 1999-2000 and any additional amount

 7  negotiated to the base contract.

 8         (f)  Notwithstanding any other provision of this

 9  section, a county shall not levy local option sales surtaxes

10  authorized in this subsection and subsections (2) and (3) in

11  excess of a combined rate of 1 percent.

12         (g)  This subsection expires October 1, 2005.

13         (7)  VOTER-APPROVED INDIGENT CARE SURTAX.--

14         (a)  The governing body in each county that has a

15  population of less than 800,000 residents may levy an indigent

16  care surtax pursuant to an ordinance conditioned to take

17  effect only upon approval by a majority vote of the electors

18  of the county voting in a referendum. The surtax may be levied

19  at a rate not to exceed 0.5 percent.

20         (b)  A statement that includes a brief and general

21  description of the purposes to be funded by the surtax and

22  that conforms to the requirements of s. 101.161 shall be

23  placed on the ballot by the governing body of the county. The

24  following questions shall be placed on the ballot:

25

26                     FOR THE. . . .CENTS TAX

27                   AGAINST THE. . . .CENTS TAX

28

29         (c)  The ordinance adopted by the governing body

30  providing for the imposition of the surtax must set forth a

31  plan for providing health care services to qualified

                                  5

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1  residents, as defined in paragraph (d). The plan and

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

 3  care services for indigent persons and the medically poor,

 4  including, but not limited to, primary care and preventive

 5  care, as well as hospital care. It shall emphasize a

 6  continuity of care in the most cost-effective setting, taking

 7  into consideration a high quality of care and geographic

 8  access. Where consistent with these objectives, it shall

 9  include, without limitation, services rendered by physicians,

10  clinics, community hospitals, mental health centers, and

11  alternative delivery sites, as well as at least one regional

12  referral hospital where appropriate. It shall provide that

13  agreements negotiated between the county and providers shall

14  include reimbursement methodologies that take into account the

15  cost of services rendered to eligible patients, recognize

16  hospitals that render a disproportionate share of indigent

17  care, provide other incentives to promote the delivery of

18  charity care, and require cost containment including, but not

19  limited to, case management. The plan must also include

20  innovative health care programs that provide cost-effective

21  alternatives to traditional methods of service delivery and

22  funding.

23         (d)  For the purpose of this subsection, "qualified

24  residents" means residents of the authorizing county who are:

25         1.  Qualified as indigent persons as certified by the

26  authorizing county;

27         2.  Certified by the authorizing county as meeting the

28  definition of the medically poor, defined as persons having

29  insufficient income, resources, and assets to provide the

30  needed medical care without using resources required to meet

31  basic needs for shelter, food, clothing, and personal

                                  6

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1  expenses; not being eligible for any other state or federal

 2  program or having medical needs that are not covered by any

 3  such program; or having insufficient third-party insurance

 4  coverage. In all cases, the authorizing county shall serve as

 5  the payor of last resort; or

 6         3.  Participating in innovative, cost-effective

 7  programs approved by the authorizing county.

 8         (e)  Moneys collected pursuant to this subsection

 9  remain the property of the state and shall be distributed by

10  the Department of Revenue on a regular and periodic basis to

11  the clerk of the circuit court as ex officio custodian of the

12  funds of the authorizing county. The clerk of the circuit

13  court shall:

14         1.  Maintain the moneys in an indigent health care

15  trust fund.

16         2.  Invest any funds held on deposit in the trust fund

17  pursuant to general law.

18         3.  Disburse the funds, including any interest earned,

19  to any provider of health care services, as provided in

20  paragraphs (c) and (d), upon directive from the authorizing

21  county.

22         (f)  Notwithstanding any other provision of this

23  section, a county may not levy local option sales surtaxes

24  authorized in this subsection and subsections (2) and (3) in

25  excess of a combined rate of 1 percent.

26         Section 2.  This act shall take effect upon becoming a

27  law.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

                                  7

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 531

    Amendment No. 1 (for drafter's use only)





 1  Remove from the title of the bill:  the entire title

 2

 3  and insert in lieu thereof:

 4                  A bill to be entitled

 5         An act relating to discretionary sales

 6         surtaxes; amending s. 212.055, F.S.; expanding

 7         the authorized use of the indigent care surtax

 8         to include trauma centers; renaming the surtax;

 9         requiring the plan set out in the ordinance to

10         include additional provisions concerning Level

11         I trauma centers; providing requirements for

12         annual disbursements to hospitals on October 1

13         to be in recognition of the Level I trauma

14         status and to be in addition to a base contract

15         amount plus any negotiated additions to

16         indigent care funding; authorizing certain

17         counties to levy a voter-approved indigent care

18         surtax; providing for the surtax to be

19         conditioned upon approval by a majority vote of

20         the electors; limiting the rate of the surtax;

21         providing requirements for the ordinance

22         adopted by the governing body of the county

23         which imposes the surtax; providing for

24         proceeds of the surtax to be used to provide

25         health care services to qualified residents;

26         defining "qualified residents"; providing for

27         the administration of proceeds collected

28         pursuant to the surtax; limiting the total

29         amount of certain local option sales surtaxes

30         that may be imposed by a county; providing an

31         effective date.

                                  8

    File original & 9 copies    04/05/00
    hci0001                     03:16 pm         00531-hcs -363815