SENATE AMENDMENT
    Bill No. CS for CS for SB 1252, 1st Eng.
    Amendment No. ___   Barcode 394936
                            CHAMBER ACTION
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 9, line 28, through
15            page 30, line 15, delete those lines
16  
17  and insert:  
18         Section 6.  Subsection (5) of section 408.034, Florida
19  Statutes, is amended to read:
20         408.034  Duties and responsibilities of agency;
21  rules.--
22         (5)  The agency shall establish by rule a
23  nursing-home-bed-need methodology that has a goal of
24  maintaining a district average occupancy rate of 94 percent
25  and that reduces the community nursing home bed need for the
26  areas of the state where the agency establishes pilot
27  community diversion programs through the Title XIX aging
28  waiver program.
29         Section 7.  Subsections (2) and (3) of section 408.036,
30  Florida Statutes, are amended to read:
31         408.036  Projects subject to review; exemptions.--
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SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 (2) PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless 2 exempt pursuant to subsection (3), projects subject to an 3 expedited review shall include, but not be limited to: 4 (a) Research, education, and training programs. 5 (b) Shared services contracts or projects. 6 (c) A transfer of a certificate of need. 7 (d) A 50-percent increase in nursing home beds for a 8 facility incorporated and operating in this state for at least 9 60 years on or before July 1, 1988, which has a licensed 10 nursing home facility located on a campus providing a variety 11 of residential settings and supportive services. The 12 increased nursing home beds shall be for the exclusive use of 13 the campus residents. Any application on behalf of an 14 applicant meeting this requirement shall be subject to the 15 base fee of $5,000 provided in s. 408.038. 16 (e) Replacement of a health care facility when the 17 proposed project site is located in the same district and 18 within a 1-mile radius of the replaced health care facility. 19 (f) The conversion of mental health services beds 20 licensed under chapter 395 or hospital-based distinct part 21 skilled nursing unit beds to general acute care beds; the 22 conversion of mental health services beds between or among the 23 licensed bed categories defined as beds for mental health 24 services; or the conversion of general acute care beds to beds 25 for mental health services. 26 1. Conversion under this paragraph shall not establish 27 a new licensed bed category at the hospital but shall apply 28 only to categories of beds licensed at that hospital. 29 2. Beds converted under this paragraph must be 30 licensed and operational for at least 12 months before the 31 hospital may apply for additional conversion affecting beds of 2 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 the same type. 2 (g) Replacement of a nursing home within the same 3 district provided the proposed project site is located within 4 a geographic area that contains at least 65 percent of the 5 facilities current residents and is within a 30-mile radius of 6 the replaced nursing home. 7 (h) Relocation of a portion of a nursing home's 8 licensed beds to a replacement facility within the same 9 district provided the relocation is within a 30-mile radius of 10 the existing facility and the total number of nursing home 11 beds in the district does not increase. 12 13 The agency shall develop rules to implement the provisions for 14 expedited review, including time schedule, application content 15 which may be reduced from the full requirements of s. 16 408.037(1), and application processing. 17 (3) EXEMPTIONS.--Upon request, the following projects 18 are subject to exemption from the provisions of subsection 19 (1): 20 (a) For replacement of a licensed health care facility 21 on the same site, provided that the number of beds in each 22 licensed bed category will not increase. 23 (b) For hospice services or for swing beds in a rural 24 hospital, as defined in s. 395.602, in a number that does not 25 exceed one-half of its licensed beds. 26 (c) For the conversion of licensed acute care hospital 27 beds to Medicare and Medicaid certified skilled nursing beds 28 in a rural hospital, as defined in s. 395.602, so long as the 29 conversion of the beds does not involve the construction of 30 new facilities. The total number of skilled nursing beds, 31 including swing beds, may not exceed one-half of the total 3 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 number of licensed beds in the rural hospital as of July 1, 2 1993. Certified skilled nursing beds designated under this 3 paragraph, excluding swing beds, shall be included in the 4 community nursing home bed inventory. A rural hospital which 5 subsequently decertifies any acute care beds exempted under 6 this paragraph shall notify the agency of the decertification, 7 and the agency shall adjust the community nursing home bed 8 inventory accordingly. 9 (d) For the addition of nursing home beds at a skilled 10 nursing facility that is part of a retirement community that 11 provides a variety of residential settings and supportive 12 services and that has been incorporated and operated in this 13 state for at least 65 years on or before July 1, 1994. All 14 nursing home beds must not be available to the public but must 15 be for the exclusive use of the community residents. 16 (e) For an increase in the bed capacity of a nursing 17 facility licensed for at least 50 beds as of January 1, 1994, 18 under part II of chapter 400 which is not part of a continuing 19 care facility if, after the increase, the total licensed bed 20 capacity of that facility is not more than 60 beds and if the 21 facility has been continuously licensed since 1950 and has 22 received a superior rating on each of its two most recent 23 licensure surveys. 24 (f) For an inmate health care facility built by or for 25 the exclusive use of the Department of Corrections as provided 26 in chapter 945. This exemption expires when such facility is 27 converted to other uses. 28 (g) For the termination of an inpatient health care 29 service, upon 30 days' written notice to the agency. 30 (h) For the delicensure of beds, upon 30 days' written 31 notice to the agency. A request for exemption submitted under 4 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 this paragraph must identify the number, the category of beds, 2 and the name of the facility in which the beds to be 3 delicensed are located. 4 (i) For the provision of adult inpatient diagnostic 5 cardiac catheterization services in a hospital. 6 1. In addition to any other documentation otherwise 7 required by the agency, a request for an exemption submitted 8 under this paragraph must comply with the following criteria: 9 a. The applicant must certify it will not provide 10 therapeutic cardiac catheterization pursuant to the grant of 11 the exemption. 12 b. The applicant must certify it will meet and 13 continuously maintain the minimum licensure requirements 14 adopted by the agency governing such programs pursuant to 15 subparagraph 2. 16 c. The applicant must certify it will provide a 17 minimum of 2 percent of its services to charity and Medicaid 18 patients. 19 2. The agency shall adopt licensure requirements by 20 rule which govern the operation of adult inpatient diagnostic 21 cardiac catheterization programs established pursuant to the 22 exemption provided in this paragraph. The rules shall ensure 23 that such programs: 24 a. Perform only adult inpatient diagnostic cardiac 25 catheterization services authorized by the exemption and will 26 not provide therapeutic cardiac catheterization or any other 27 services not authorized by the exemption. 28 b. Maintain sufficient appropriate equipment and 29 health personnel to ensure quality and safety. 30 c. Maintain appropriate times of operation and 31 protocols to ensure availability and appropriate referrals in 5 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 the event of emergencies. 2 d. Maintain appropriate program volumes to ensure 3 quality and safety. 4 e. Provide a minimum of 2 percent of its services to 5 charity and Medicaid patients each year. 6 3.a. The exemption provided by this paragraph shall 7 not apply unless the agency determines that the program is in 8 compliance with the requirements of subparagraph 1. and that 9 the program will, after beginning operation, continuously 10 comply with the rules adopted pursuant to subparagraph 2. The 11 agency shall monitor such programs to ensure compliance with 12 the requirements of subparagraph 2. 13 b.(I) The exemption for a program shall expire 14 immediately when the program fails to comply with the rules 15 adopted pursuant to sub-subparagraphs 2.a., b., and c. 16 (II) Beginning 18 months after a program first begins 17 treating patients, the exemption for a program shall expire 18 when the program fails to comply with the rules adopted 19 pursuant to sub-subparagraphs 2.d. and e. 20 (III) If the exemption for a program expires pursuant 21 to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the 22 agency shall not grant an exemption pursuant to this paragraph 23 for an adult inpatient diagnostic cardiac catheterization 24 program located at the same hospital until 2 years following 25 the date of the determination by the agency that the program 26 failed to comply with the rules adopted pursuant to 27 subparagraph 2. 28 (j) For mobile surgical facilities and related health 29 care services provided under contract with the Department of 30 Corrections or a private correctional facility operating 31 pursuant to chapter 957. 6 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 (k) For state veterans' nursing homes operated by or 2 on behalf of the Florida Department of Veterans' Affairs in 3 accordance with part II of chapter 296 for which at least 50 4 percent of the construction cost is federally funded and for 5 which the Federal Government pays a per diem rate not to 6 exceed one-half of the cost of the veterans' care in such 7 state nursing homes. These beds shall not be included in the 8 nursing home bed inventory. 9 (l) For combination within one nursing home facility 10 of the beds or services authorized by two or more certificates 11 of need issued in the same planning subdistrict. An exemption 12 granted under this paragraph shall extend the validity period 13 of the certificates of need to be consolidated by the length 14 of the period beginning upon submission of the exemption 15 request and ending with issuance of the exemption. The 16 longest validity period among the certificates shall be 17 applicable to each of the combined certificates. 18 (m) For division into two or more nursing home 19 facilities of beds or services authorized by one certificate 20 of need issued in the same planning subdistrict. An exemption 21 granted under this paragraph shall extend the validity period 22 of the certificate of need to be divided by the length of the 23 period beginning upon submission of the exemption request and 24 ending with issuance of the exemption. 25 (n) For the addition of hospital beds licensed under 26 chapter 395 for acute care, mental health services, or a 27 hospital-based distinct part skilled nursing unit in a number 28 that may not exceed 10 total beds or 10 percent of the 29 licensed capacity of the bed category being expanded, 30 whichever is greater. Beds for specialty burn units, neonatal 31 intensive care units, or comprehensive rehabilitation, or at a 7 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 long-term care hospital, may not be increased under this 2 paragraph. 3 1. In addition to any other documentation otherwise 4 required by the agency, a request for exemption submitted 5 under this paragraph must: 6 a. Certify that the prior 12-month average occupancy 7 rate for the category of licensed beds being expanded at the 8 facility meets or exceeds 80 percent or, for a hospital-based 9 distinct part skilled nursing unit, the prior 12-month average 10 occupancy rate meets or exceeds 96 percent. 11 b. Certify that any beds of the same type authorized 12 for the facility under this paragraph before the date of the 13 current request for an exemption have been licensed and 14 operational for at least 12 months. 15 2. The timeframes and monitoring process specified in 16 s. 408.040(2)(a)-(c) apply to any exemption issued under this 17 paragraph. 18 3. The agency shall count beds authorized under this 19 paragraph as approved beds in the published inventory of 20 hospital beds until the beds are licensed. 21 (o) For the addition of acute care beds, as authorized 22 by rule consistent with s. 395.003(4), in a number that may 23 not exceed 10 total beds or 10 percent of licensed bed 24 capacity, whichever is greater, for temporary beds in a 25 hospital that has experienced high seasonal occupancy within 26 the prior 12-month period or in a hospital that must respond 27 to emergency circumstances. 28 (p) For the addition of nursing home beds licensed 29 under chapter 400 in a number not exceeding 10 total beds or 30 10 percent of the number of beds licensed in the facility 31 being expanded, whichever is greater. 8 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 1. In addition to any other documentation required by 2 the agency, a request for exemption submitted under this 3 paragraph must: 4 a. Effective until June 30, 2001, Certify that the 5 facility has not had any class I or class II deficiencies 6 within the 30 months preceding the request for addition. 7 b. Effective on July 1, 2001, certify that the 8 facility has been designated as a Gold Seal nursing home under 9 s. 400.235. 10 b.c. Certify that the prior 12-month average occupancy 11 rate for the nursing home beds at the facility meets or 12 exceeds 96 percent. 13 c.d. Certify that any beds authorized for the facility 14 under this paragraph before the date of the current request 15 for an exemption have been licensed and operational for at 16 least 12 months. 17 2. The timeframes and monitoring process specified in 18 s. 408.040(2)(a)-(c) apply to any exemption issued under this 19 paragraph. 20 3. The agency shall count beds authorized under this 21 paragraph as approved beds in the published inventory of 22 nursing home beds until the beds are licensed. 23 (q) For establishment of a specialty hospital offering 24 a range of medical service restricted to a defined age or 25 gender group of the population or a restricted range of 26 services appropriate to the diagnosis, care, and treatment of 27 patients with specific categories of medical illnesses or 28 disorders, through the transfer of beds and services from an 29 existing hospital in the same county. 30 (r) For the conversion of hospital-based Medicare and 31 Medicaid certified skilled nursing beds to acute care beds, if 9 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 the conversion does not involve the construction of new 2 facilities. 3 (s) For fiscal year 2001-2002 only, for transfer by a 4 health care system of existing services and not more than 100 5 licensed and approved beds from a hospital in district 1, 6 subdistrict 1, to another location within the same subdistrict 7 in order to establish a satellite facility that will improve 8 access to outpatient and inpatient care for residents of the 9 district and subdistrict and that will use new medical 10 technologies, including advanced diagnostics, computer 11 assisted imaging, and telemedicine to improve care. This 12 paragraph is repealed on July 1, 2002. 13 (t) For replacement of a licensed nursing home on the 14 same site, or within 3 miles of the same site, provided the 15 number of licensed beds does not increase. 16 (u) For consolidation or combination of licensed 17 nursing homes or transfer of beds between licensed nursing 18 homes within the same district, by providers that operate 19 multiple nursing homes within that district, provided there is 20 no increase in the district total of nursing home beds and the 21 relocation does not exceed 30 miles from the original 22 location. 23 Section 8. Paragraph (c) of subsection (1) of section 24 408.037, Florida Statutes, is amended to read: 25 408.037 Application content.-- 26 (1) An application for a certificate of need must 27 contain: 28 (c) An audited financial statement of the applicant, 29 or an audited financial statement of the parent company if the 30 applicant is included in a parent company's consolidated audit 31 which details each entity separately. In an application 10 11:09 AM 04/28/03 s1252c2c-2120a
SENATE AMENDMENT Bill No. CS for CS for SB 1252, 1st Eng. Amendment No. ___ Barcode 394936 1 submitted by an existing health care facility, health 2 maintenance organization, or hospice, financial condition 3 documentation must include, but need not be limited to, a 4 balance sheet and a profit-and-loss statement of the 2 5 previous fiscal years' operation. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 2, line 8, through 13 page 3, line 11, delete those lines 14 15 and insert: 16 nursing home facility; amending s. 408.034, 17 F.S.; specifying the district average occupancy 18 rate in the agency's rulemaking authority for 19 nursing-home-bed-need methodology; amending s. 20 408.036, F.S.; providing for additional 21 projects that are subject to expedited review; 22 establishing the agency's rulemaking authority 23 to implement provisions for expedited review; 24 deleting obsolete dates; providing for 25 additional projects that are exempt from 26 review; amending s. 408.037, F.S.; providing 27 that an audited financial statement of the 28 parent company may be used to fulfill an 29 application for a certificate of need; 30 31 11 11:09 AM 04/28/03 s1252c2c-2120a