Senate Bill sb0698c1
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    Florida Senate - 2002                            CS for SB 698
    By the Committee on Health, Aging and Long-Term Care; and
    Senators Clary, Brown-Waite, Klein and Campbell
    317-1799-02
  1                      A bill to be entitled
  2         An act relating to certificates of need;
  3         amending s. 408.036, F.S.; revising the
  4         exemption from certificate-of-need review
  5         requirements for the addition of acute care
  6         beds in hospitals that have met certain
  7         occupancy criteria; exempting additions of beds
  8         at hospitals that have met occupancy criteria
  9         with respect to neonatal intensive care units
10         from review requirements and authorizing the
11         transfer of beds between neonatal intensive
12         care unit levels III and II; exempting projects
13         that are subject to expedited review, other
14         than replacement hospitals and conversion of
15         mental health beds to general acute beds, from
16         review requirements; exempting certain
17         open-heart-surgery programs from
18         certificate-of-need review requirements;
19         providing an effective date.
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21  Be It Enacted by the Legislature of the State of Florida:
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23         Section 1.  Paragraph (o) of subsection (3) of section
24  408.036, Florida Statutes, is amended, and paragraphs (t),
25  (u), and (v) are added to that subsection, to read:
26         408.036  Projects subject to review.--
27         (3)  EXEMPTIONS.--Upon request, the following projects
28  are subject to exemption from the provisions of subsection
29  (1):
30         (o)  For the addition of acute care beds, as authorized
31  by rule consistent with s. 395.003(4), in a number that may
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    Florida Senate - 2002                            CS for SB 698
    317-1799-02
  1  not exceed 30 10 total beds or 10 percent of licensed bed
  2  capacity, whichever is greater, for temporary beds in a
  3  hospital that has experienced an acute care high seasonal
  4  occupancy rate of 80 percent within the prior 12-month period
  5  or an acute care occupancy rate of 90 percent for any 3
  6  consecutive months in a hospital that must respond to
  7  emergency circumstances. If the hospital has an organized
  8  obstetric unit or pediatric unit, or both, the number of beds
  9  in this unit or units and their occupancy rate may not be
10  considered in determining occupancy for the purposes of this
11  paragraph.
12         (t)  For the addition of neonatal intensive care unit
13  beds equal to 10 percent of licensed capacity or eight beds,
14  whichever is greater, in any hospital that provides neonatal
15  intensive care unit services and that has had occupancy of 80
16  percent or more during the preceding 12 months. A hospital
17  that is a provider of neonatal intensive care unit Level III
18  services may shift capacity between its Level III unit and its
19  Level II unit as long as appropriate staffing levels are
20  provided and the units meet architectural requirements.
21         (u)  For any project except a replacement hospital or
22  the conversion of mental health beds to general acute beds
23  which, on the effective date of this act, is subject to
24  expedited review under subsection (2). The conversion of
25  mental health beds must be reviewed to determine the effect on
26  the availability of mental health services in the community.
27         (v)  For the provision of adult open-heart services in
28  a hospital.
29         1.  In addition to any documentation otherwise required
30  by the agency, a request for an exemption submitted under this
31  paragraph must comply with the following criteria:
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    Florida Senate - 2002                            CS for SB 698
    317-1799-02
  1         a.  The applicant must certify that, prior to
  2  initiating adult open-heart services, it will meet and
  3  continuously maintain the minimum licensure requirements
  4  adopted by the agency governing adult open-heart programs,
  5  including the most current guidelines of the American College
  6  of Cardiology and American Heart Association Guidelines for
  7  Adult Open-Heart Programs.
  8         b.  The applicant must certify that it will provide a
  9  minimum of 2 percent of its services to charity and Medicaid
10  patients.
11         c.  The applicant must certify that it will maintain
12  sufficient appropriate equipment and health personnel to
13  ensure quality and safety.
14         d.  The applicant must certify that it will maintain
15  appropriate times of operation and protocols to ensure
16  availability and appropriate referrals in the event of
17  emergencies.
18         e.  The applicant must certify that it will provide a
19  minimum of 300 open-heart surgery procedures per year by the
20  completion of the 3rd full year of operation.
21         f.  If the exempted provider fails to meet the
22  requirements listed in sub-subparagraph e., the agency shall
23  initiate revocation proceedings involving the
24  open-heart-services license within 90 days after the
25  completion of the 3rd full year of operation.
26         2.  The exemption provided by this paragraph shall not
27  apply unless the agency determines that the program is in
28  compliance with the certifications required by subparagraph 1.
29  The agency shall monitor such programs to ensure compliance
30  with the certifications required by subparagraph 1.
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    Florida Senate - 2002                            CS for SB 698
    317-1799-02
  1         Section 2.  This act shall take effect upon becoming a
  2  law.
  3
  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                              SB 698
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  7  The committee substitute creates an exemption from
    certificate-of-need review for open-heart surgery provided
  8  certain criteria are met The bill also creates exemptions for
    hospitals increasing acute care beds and neonatal intensive
  9  care beds and exempts certain projects from the requirement
    for an expedited review.
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