Senate Bill 0802c2

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    Florida Senate - 2000                     CS for CS for SB 802

    By the Committees on Health, Aging and Long-Term Care;
    Comprehensive Planning, Local and Military Affairs; and
    Senators Saunders and Silver



    317-1970-00

  1                      A bill to be entitled

  2         An act relating to the county public hospital

  3         surtax; amending s. 212.055, F.S.; expanding

  4         the authorized use of the indigent care surtax

  5         to include trauma centers; renaming the surtax;

  6         requiring the plan set out in the ordinance to

  7         include additional provisions concerning Level

  8         I trauma centers; providing requirements for

  9         annual disbursements to hospitals on October 1

10         to be in recognition of the Level I trauma

11         center status and to be in addition to a base

12         contract amount, plus any negotiated additions

13         to indigent care funding; revising provisions

14         that require the counties authorized to levy

15         the surtax to annually appropriate a specified

16         minimum amount for operation, administration,

17         and maintenance of the county public general

18         hospital; providing procedure for disbursement

19         of funds by certain counties; creating a

20         governing board, agency, or authority;

21         requiring the governing board, agency, or

22         authority in such counties to adopt and

23         implement a health care plan for indigent

24         health care services; specifying provisions of

25         the plan; providing an effective date.

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

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

30  Statutes, is amended, and paragraph (d) of subsection (5) of

31  that section is amended, present paragraph (e) of subsection

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  (5) is redesignated as paragraph (f), and a new paragraph (e)

  2  is added to that subsection, to read:

  3         212.055  Discretionary sales surtaxes; legislative

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

  5  legislative intent that any authorization for imposition of a

  6  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

13  be expended; and such other requirements as the Legislature

14  may provide.  Taxable transactions and administrative

15  procedures shall be as provided in s. 212.054.

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

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

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

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

20  residents and is not authorized to levy a surtax under

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

22  ordinance either approved by an extraordinary vote of the

23  governing body or conditioned to take effect only upon

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

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

26  that may not exceed 0.5 percent.

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

28  statement that includes a brief and general description of the

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

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

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  the governing body of the county.  The following questions

  2  shall be placed on the ballot:

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  4                     FOR THE. . . .CENTS TAX

  5                   AGAINST THE. . . .CENTS TAX

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  7         (c)  The ordinance adopted by the governing body

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

  9  plan for providing health care services to qualified

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

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

12  care services for both indigent persons and the medically

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

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

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

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

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

18  quality of care and geographic access.  Where consistent with

19  these objectives, it shall include, without limitation,

20  services rendered by physicians, clinics, community hospitals,

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

22  as at least one regional referral hospital where appropriate.

23  It shall provide that agreements negotiated between the county

24  and providers, including hospitals with a Level I trauma

25  center, will include reimbursement methodologies that take

26  into account the cost of services rendered to eligible

27  patients, recognize hospitals that render a disproportionate

28  share of indigent care, provide other incentives to promote

29  the delivery of charity care, promote the advancement of

30  technology in medical services, recognize the level of

31  responsiveness to medical needs in trauma cases, and require

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  cost containment including, but not limited to, case

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

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

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

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

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

  7  budgeting resources for the rendition of charity care as that

  8  term is defined in the Florida Hospital Uniform Reporting

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

10  also include innovative health care programs that provide

11  cost-effective alternatives to traditional methods of service

12  delivery and funding.

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

14  "qualified resident" means residents of the authorizing county

15  who are:

16         1.  Qualified as indigent persons as certified by the

17  authorizing county;

18         2.  Certified by the authorizing county as meeting the

19  definition of the medically poor, defined as persons having

20  insufficient income, resources, and assets to provide the

21  needed medical care without using resources required to meet

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

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

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

25  such program; or having insufficient third-party insurance

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

27  serve as the payor of last resort; or

28         3.  Participating in innovative, cost-effective

29  programs approved by the authorizing county.

30         (e)  Moneys collected pursuant to this subsection

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

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  the Department of Revenue on a regular and periodic basis to

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

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

  4  court shall:

  5         1.  Maintain the moneys in an indigent health care

  6  trust fund;

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

  8  pursuant to general law; and

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

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

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

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

13  800,000 residents and has levied the surtax authorized in this

14  subsection, notwithstanding any directive from the authorizing

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

16  court shall issue a check in the amount of $6 million to a

17  hospital in its jurisdiction that has a Level I trauma center

18  or shall issue a check in the amount of $3 million to a

19  hospital in its jurisdiction that has a Level I trauma center

20  if that county enacts and implements a hospital lien law in

21  accordance with chapter 98-499, Laws of Florida. The issuance

22  of the checks on October 1 of each year is provided in

23  recognition of the Level I trauma center status and shall be

24  in addition to the base contract amount received during fiscal

25  year 1999-2000 and any additional amount negotiated to the

26  base contract.

27         (f)  Notwithstanding any other provision of this

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

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

30  excess of a combined rate of 1 percent.

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

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    Florida Senate - 2000                     CS for CS for SB 802
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  1         (5)  COUNTY PUBLIC HOSPITAL SURTAX.--Any county as

  2  defined in s. 125.011(1) may levy the surtax authorized in

  3  this subsection pursuant to an ordinance either approved by

  4  extraordinary vote of the county commission or conditioned to

  5  take effect only upon approval by a majority vote of the

  6  electors of the county voting in a referendum.  In a county as

  7  defined in s. 125.011(1), for the purposes of this subsection,

  8  "county public general hospital" means a general hospital as

  9  defined in s. 395.002 which is owned, operated, maintained, or

10  governed by the county or its agency, authority, or public

11  health trust.

12         (d)  As provided in subparagraphs 1. and 2., the county

13  must shall continue to contribute each year an amount equal to

14  at least 80 percent of that percentage of the total county

15  budget appropriated for the operation, administration, and

16  maintenance of the county public general hospital from the

17  county's general revenues in the fiscal year of the county

18  ending September 30, 1991, as follows:

19         1.  Sixty-five percent of such amount must be promptly

20  and irrevocably remitted to the public health trust, agency,

21  or authority responsible for the county public general

22  hospital, to be used solely for the purpose of operating and

23  maintaining such hospital.

24         2.  Thirty-five percent of such amount must be promptly

25  and irrevocably remitted to a governing board, agency, or

26  authority that is wholly independent from the public health

27  trust, agency, or authority responsible for the county public

28  general hospital, to be used solely for the purpose of funding

29  the plan for indigent health care services provided for in

30  paragraph (e).

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  The county shall not direct the public health trust, agency,

  2  or authority responsible for the county public general

  3  hospital to assume or revise the budget of the county public

  4  general hospital to include financial responsibilities for any

  5  health or nonhealth programs unrelated to the operation,

  6  maintenance, or administration of the county public general

  7  hospital or in any other manner divert funds of the county

  8  public general hospital from the operation, administration, or

  9  maintenance of the county public general hospital as of July

10  1, 2000.

11         (e)  A governing board, agency, or authority shall be

12  chartered by the county commission upon this act becoming law.

13  The governing board, agency, or authority shall adopt and

14  implement a health care plan for indigent health care

15  services. The governing board, agency, or authority shall

16  consist of no more than seven and no fewer than five members

17  appointed by the county commission. The members of the

18  governing board, agency, or authority must be at least 18

19  years of age and residents of the county. No member may be

20  employed by or affiliated with a health care provider or the

21  public health trust, agency, or authority responsible for the

22  county public general hospital. Until the governing board,

23  agency, or authority is created, the funds provided for in

24  subparagraph (d)2. shall be placed in a restricted account set

25  aside from other county funds and not disbursed by the county

26  for any other purpose.

27         1.  The plan shall divide the county into a minimum of

28  four and maximum of six service areas, with no more than one

29  participant hospital per service area. The county public

30  general hospital shall be designated as the provider for one

31  of the service areas. The plan shall also provide for a

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  children's pediatric hospital to provide services on a

  2  county-wide basis. Services shall be provided through

  3  participants' primary acute care facility.

  4         2.  The plan and subsequent amendments to it shall fund

  5  a broad range of health care services for both indigent

  6  persons and the medically poor, including, but not limited to,

  7  primary care, preventive care, hospital emergency room care,

  8  and hospital care necessary to stabilize the patient. As used

  9  in this subparagraph, the term "stabilize" means to accomplish

10  stabilization as defined in s. 397.311.  Where consistent with

11  these objectives, the plan shall include, without limitation,

12  services rendered by physicians, clinics, community hospitals,

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

14  as at least one regional referral hospital per service area.

15  The plan shall provide that agreements negotiated between the

16  governing board, agency, or authority and the providers will

17  recognize hospitals that render a disproportionate share of

18  indigent care, provide other incentives to promote the

19  delivery of charity care to draw down federal funds where

20  appropriate, and require cost containment, including, but not

21  limited to, case management. Service providers will receive a

22  per member per month fee or capitation for those members

23  enrolled in their service area as compensation for the

24  services rendered pursuant to this subparagraph. Upon

25  determination of eligibility, enrollment shall be deemed to

26  have occurred when the services were rendered. The capitation

27  amount or rate shall be determined by an independent actuarial

28  consultant prior to program implementation.  In no event shall

29  such reimbursement rates exceed the Medicaid rate. The plan

30  must also provide that any hospitals owned and operated by

31  government entities on or after the effective date of this act

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    Florida Senate - 2000                     CS for CS for SB 802
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  1  must, as a condition of receiving funds under this subsection,

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

  3  as to any meeting of the governing board, agency, or authority

  4  the subject of which is budgeting resources for the retention

  5  of charity care, as that term is defined in the rules of the

  6  Agency for Health Care Administration. The plan shall also

  7  include innovative health care programs that provide

  8  cost-effective alternatives to traditional methods of service

  9  and delivery funding.

10         3.  Post-stabilization services shall be provided to

11  all plan members by the county public general hospital. If the

12  post-stabilization services cannot be provided by the county

13  public general hospital and such services are provided instead

14  by the participant hospital, the public health trust, agency,

15  or authority responsible for the county public general

16  hospital shall compensate the participant hospital for such

17  post-stabilization services at a rate not to exceed the

18  federal Medicaid rate.

19         4.  The plan's benefits shall be made available to all

20  county residents currently eligible to receive health care

21  services as indigents or medically poor as defined in

22  paragraph (4)(d).

23         5.  Eligible residents who participate in the health

24  care plan shall receive coverage for a period of 12 months or

25  the period extending from the time of enrollment to the end of

26  the current fiscal year, per enrollment period, whichever is

27  less.

28         Section 2.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                     CS for CS for SB 802
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                     CS for Senate Bill 0802

  3

  4  The Committee Substitute for Committee Substitute for SB 802
    revises the requirements of the indigent health surtax to also
  5  fund a trauma center and directs the clerk of the court of the
    county with a population of at least 800,000 residents that
  6  has levied the indigent care surtax to annually disburse $6
    million to fund a hospital in the county's jurisdiction that
  7  has a Level I trauma center or to annually disburse $3 million
    to fund a hospital in the county's jurisdiction that has a
  8  Level I trauma center if that county enacts a hospital lien
    law in accordance with ch. 98-499, L.O.F. The bill revises
  9  requirements for Miami-Dade County, as a condition of levying
    the half-cent County Public Hospital Surtax, to reallocate 35%
10  of the funds which the county must budget for the operation,
    maintenance, and administration of the county public general
11  hospital, Jackson Memorial Hospital, to a separate governing
    board, agency or authority to be established to provide
12  indigent care to the residents of Miami-Dade County.

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