Senate Bill 0802c3
CODING: Words stricken are deletions; words underlined are additions.
    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.
31
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  1  Be It Enacted by the Legislature of the State of Florida:
  2
  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.
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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:
  7
  8                     FOR THE. . . .CENTS TAX
  9                   AGAINST THE. . . .CENTS TAX
10
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
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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
31
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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).
10
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
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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.
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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.
20
21
22
23
24
25
26
27
28
29
30
31
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000              CS for CS for CS for SB 802
    314-2218-00
  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.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  11