Senate Bill 0802c3

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    Florida Senate - 2000              CS for CS for CS for SB 802

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



    314-2218-00

  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; authorizing funds

14         received to be used to generate federal

15         matching funds under certain conditions and

16         authorizing payment by the clerk of the court;

17         revising provisions that require the counties

18         authorized to levy the surtax to annually

19         appropriate a specified minimum amount for

20         operation, administration, and maintenance of

21         the county public general hospital; providing

22         procedure for disbursement of funds by certain

23         counties; creating a governing board, agency,

24         or authority; requiring the governing board,

25         agency, or authority in such counties to adopt

26         and implement a health care plan for indigent

27         health care services; providing for

28         reimbursement to service providers for certain

29         services; specifying provisions of the plan;

30         providing an effective date.

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1  Be It Enacted by the Legislature of the State of Florida:

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

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

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

  6  (5) is redesignated as paragraph (f), and a new paragraph (e)

  7  is added to that subsection, to read:

  8         212.055  Discretionary sales surtaxes; legislative

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

10  legislative intent that any authorization for imposition of a

11  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

18  be expended; and such other requirements as the Legislature

19  may provide.  Taxable transactions and administrative

20  procedures shall be as provided in s. 212.054.

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

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

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

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

25  residents and is not authorized to levy a surtax under

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

27  ordinance either approved by an extraordinary vote of the

28  governing body or conditioned to take effect only upon

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

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

31  that may not exceed 0.5 percent.

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1         (b)  If the ordinance is conditioned on a referendum, a

  2  statement that includes a brief and general description of the

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

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

  5  the governing body of the county.  The following questions

  6  shall be placed on the ballot:

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  8                     FOR THE. . . .CENTS TAX

  9                   AGAINST THE. . . .CENTS TAX

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11         (c)  The ordinance adopted by the governing body

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

13  plan for providing health care services to qualified

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

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

16  care services for both indigent persons and the medically

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

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

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

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

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

22  quality of care and geographic access.  Where consistent with

23  these objectives, it shall include, without limitation,

24  services rendered by physicians, clinics, community hospitals,

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

26  as at least one regional referral hospital where appropriate.

27  It shall provide that agreements negotiated between the county

28  and providers, including hospitals with a Level I trauma

29  center, will include reimbursement methodologies that take

30  into account the cost of services rendered to eligible

31  patients, recognize hospitals that render a disproportionate

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1  share of indigent care, provide other incentives to promote

  2  the delivery of charity care, promote the advancement of

  3  technology in medical services, recognize the level of

  4  responsiveness to medical needs in trauma cases, and require

  5  cost containment including, but not limited to, case

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

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

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

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

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

11  budgeting resources for the rendition of charity care as that

12  term is defined in the Florida Hospital Uniform Reporting

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

14  also include innovative health care programs that provide

15  cost-effective alternatives to traditional methods of service

16  delivery and funding.

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

18  "qualified resident" means residents of the authorizing county

19  who are:

20         1.  Qualified as indigent persons as certified by the

21  authorizing county;

22         2.  Certified by the authorizing county as meeting the

23  definition of the medically poor, defined as persons having

24  insufficient income, resources, and assets to provide the

25  needed medical care without using resources required to meet

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

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

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

29  such program; or having insufficient third-party insurance

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

31  serve as the payor of last resort; or

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1         3.  Participating in innovative, cost-effective

  2  programs approved by the authorizing county.

  3         (e)  Moneys collected pursuant to this subsection

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

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

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

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

  8  court shall:

  9         1.  Maintain the moneys in an indigent health care

10  trust fund;

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

12  pursuant to general law; and

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

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

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

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

17  800,000 residents and has levied the surtax authorized in this

18  subsection, notwithstanding any directive from the authorizing

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

20  court shall issue a check in the amount of $6.5 million to a

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

22  or shall issue a check in the amount of $3.5 million to a

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

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

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

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

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

28  in addition to the base contract amount received during fiscal

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

30  base contract. If the hospital receiving funds for its Level I

31  trauma center status requests such funds to be used to

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1  generate federal matching funds under Medicaid, the clerk of

  2  the court shall instead issue a check to the Agency for Health

  3  Care Administration to accomplish that purpose to the extent

  4  that it is allowed through the General Appropriations Act.

  5         (f)  Notwithstanding any other provision of this

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

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

  8  excess of a combined rate of 1 percent.

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

10         (5)  COUNTY PUBLIC HOSPITAL SURTAX.--Any county as

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

12  this subsection pursuant to an ordinance either approved by

13  extraordinary vote of the county commission or conditioned to

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

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

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

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

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

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

20  health trust.

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

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

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

24  budget appropriated for the operation, administration, and

25  maintenance of the county public general hospital from the

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

27  ending September 30, 1991, as follows:

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

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

30  or authority responsible for the county public general

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1  hospital, to be used solely for the purpose of operating and

  2  maintaining such hospital.

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

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

  5  authority that is wholly independent from the public health

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

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

  8  the plan for indigent health care services provided for in

  9  paragraph (e).

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11  The county shall not direct the public health trust, agency,

12  or authority responsible for the county public general

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

14  general hospital to include financial responsibilities for any

15  health or nonhealth programs unrelated to the operation,

16  maintenance, or administration of the county public general

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

18  public general hospital from the operation, administration, or

19  maintenance of the county public general hospital as of July

20  1, 2000.

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

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

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

24  implement a health care plan for indigent health care

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

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

27  appointed by the county commission. The members of the

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

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

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

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

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1  county public general hospital. Until the governing board,

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

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

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

  5  for any other purpose.

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

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

  8  participant hospital per service area. The county public

  9  general hospital shall be designated as the provider for one

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

11  children's pediatric hospital to provide services on a

12  county-wide basis. Services shall be provided through

13  participants' primary acute care facility.

14         2.a.  The plan and subsequent amendments to it shall

15  fund a broad range of health care services for both indigent

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

17  primary care, preventive care, hospital emergency room care,

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

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

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

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

22  services rendered by physicians, clinics, community hospitals,

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

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

25  The plan shall provide that agreements negotiated between the

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

27  recognize hospitals that render a disproportionate share of

28  indigent care, provide other incentives to promote the

29  delivery of charity care to draw down federal funds where

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

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

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1  per member per month fee or capitation for those members

  2  enrolled in their service area as compensation for the

  3  services rendered pursuant to this subparagraph. Upon

  4  determination of eligibility, enrollment shall be deemed to

  5  have occurred when the services were rendered. The capitation

  6  amount or rate shall be determined by an independent actuarial

  7  consultant prior to program implementation.  In no event shall

  8  such reimbursement rates exceed the Medicaid rate. The plan

  9  must also provide that any hospitals owned and operated by

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

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

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

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

14  the subject of which is budgeting resources for the retention

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

16  Agency for Health Care Administration. The plan shall also

17  include innovative health care programs that provide

18  cost-effective alternatives to traditional methods of service

19  and delivery funding.

20         b.  From the funds specified in sub-subparagraph a.,

21  service providers will receive reimbursement, on a

22  fee-for-service basis at a rate, not to exceed the rate for

23  Medicaid, to be determined by the governing board, agency, or

24  authority created under this paragraph, for the initial

25  emergency room visit and a per member per month fee or

26  capitation for those members enrolled in their service area as

27  compensation for the services rendered following the initial

28  emergency visit. Except for provisions of emergency services,

29  upon determination of eligibility, enrollment shall be deemed

30  to have occurred at the time services were rendered. This

31  sub-subparagraph expires July 1, 2001.

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    Florida Senate - 2000              CS for CS for CS for SB 802
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  1         3.  Post-stabilization services shall be provided to

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

  3  post-stabilization services cannot be provided by the county

  4  public general hospital and such services are provided instead

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

  6  or authority responsible for the county public general

  7  hospital shall compensate the participant hospital for such

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

  9  federal Medicaid rate.

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

11  county residents currently eligible to receive health care

12  services as indigents or medically poor as defined in

13  paragraph (4)(d).

14         5.  Eligible residents who participate in the health

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

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

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

18  less.

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

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

  3

  4  1)    Increases the amount of money the clerk of the court
          must issue a county that has levied the indigent health
  5        and trauma center surtax to a help fund its Level I
          trauma center from $6.0 million to $6.5 million and the
  6        alternative amount from $3.0 million to $3.5 million.

  7  2)    Provides that if the hospital receiving funds for its
          Level I trauma center status requests such funds to be
  8        used to generate federal matching funds under Medicaid,
          the clerk of the court shall instead issue a check to
  9        the AHCA to accomplish that purpose.

10  3)    Requires service providers to receive reimbursement, on
          a fee-for-service basis at a rate, not to exceed the
11        rate for Medicaid, for the initial emergency room visit
          and a per member per month fee for those members
12        enrolled in their service area as compensation for
          services rendered following the initial emergency visit.
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