Senate Bill sb1252e1

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    CS for CS for SB 1252                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to nursing homes; creating s.

  3         400.244, F.S.; allowing nursing homes to

  4         convert beds to alternative uses as specified;

  5         providing restrictions on uses of funding under

  6         assisted-living Medicaid waivers; providing

  7         procedures; providing for the applicability of

  8         certain fire and life safety codes; providing

  9         applicability of certain laws; requiring a

10         nursing home to submit to the Agency for Health

11         Care Administration a written request for

12         permission to convert beds to alternative uses;

13         providing conditions for disapproving such a

14         request; providing for periodic review;

15         providing for retention of nursing home

16         licensure for converted beds; providing for

17         reconversion of the beds; providing

18         applicability of licensure fees; requiring a

19         report to the agency; amending s. 400.021,

20         F.S.; redefining the term "resident care plan,"

21         as used in part I of ch. 400, F.S.; amending s.

22         400.23, F.S.; providing that certain

23         information from the Agency for Health Care

24         Administration must reflect final agency

25         actions; amending s. 400.147, F.S.; amending

26         the definition of the term "adverse incident";

27         requiring certain incident reports to be filed;

28         deleting provisions requiring the facility to

29         provide notice of an investigation to the

30         Agency for Health Care Administration; revising

31         requirements for a facility's report to the


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    CS for CS for SB 1252                          First Engrossed



 1         agency on adverse incidents; providing

 2         guidelines for the agency's report to a

 3         regulatory board that the agency has a

 4         reasonable belief that there are grounds for

 5         regulatory action; amending s. 400.211, F.S.;

 6         revising inservice training requirements for

 7         persons employed as nursing assistants in a

 8         nursing home facility; amending s. 408.032,

 9         F.S.; revising the definition of "tertiary

10         health service" under the Health Facility and

11         Services Development Act; amending s. 408.034,

12         F.S.; requiring the nursing-home-bed-need

13         methodology established by the Agency for

14         Health Care Administration by rule to include a

15         goal of maintaining a specified district

16         average occupancy rate; amending s. 408.036,

17         F.S., relating to health-care-related projects

18         subject to review for a certificate of need;

19         removing certain projects from and subjection

20         certain projects to expedited review and

21         revising requirements for other projects

22         subject to expedited review; removing the

23         exemption from review for certain projects;

24         revising requirements for certain projects that

25         are exempt from review; exempting certain

26         projects from review; amending s. 408.038,

27         F.S.; increasing fees of the

28         certificate-of-need program; amending s.

29         408.039, F.S.; providing for approval of

30         recommended orders of the Division of

31         Administrative Hearings when the Agency for


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    CS for CS for SB 1252                          First Engrossed



 1         Health Care Administration fails to take action

 2         on an application for a certificate of need

 3         within a specified time period; creating the

 4         Hospital Statutory and Regulatory Reform

 5         Council; providing for review of an application

 6         for a certificate of need pending on the

 7         effective date of the act; providing

 8         legislative intent; providing for membership

 9         and duties of the council; amending s. 415.102,

10         F.S.; revising the definition of "vulnerable

11         adult" under the Adult Protective Services Act;

12         providing an effective date.

13  

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

15  

16         Section 1.  Section 400.244, Florida Statutes, is

17  created to read:

18         400.244  Alternative uses of nursing home beds; funding

19  limitations; applicable codes and requirements; procedures;

20  reconversion.--

21         (1)  It is the intent of the Legislature to allow

22  nursing home facilities to use licensed nursing home facility

23  beds for alternative uses other than nursing home care for

24  extended periods of time exceeding 48 hours.

25         (2)  A nursing home may use a contiguous portion of the

26  nursing home facility to meet the needs of the elderly through

27  the use of less restrictive and less institutional methods of

28  long-term care, including, but not limited to, adult day care,

29  assisted living, extended congregate care, or limited nursing

30  services.

31  


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 1         (3)  Funding under assisted-living Medicaid waivers for

 2  nursing home facility beds that are used to provide extended

 3  congregate care or limited nursing services under this section

 4  may be provided only for residents who have resided in the

 5  nursing home facility for a minimum of 90 consecutive days.

 6         (4)  Nursing home facility beds that are used in

 7  providing alternative services may share common areas,

 8  services, and staff with beds that are designated for nursing

 9  home care. Fire codes and life safety codes applicable to

10  nursing home facilities also apply to beds used for

11  alternative purposes under this section. Any alternative use

12  must meet other requirements specified by law for that use.

13         (5)  In order to take beds out of service for nursing

14  home care and use them to provide alternative services under

15  this section, a nursing home must submit a written request for

16  approval to the Agency for Health Care Administration in a

17  format specified by the agency. The agency shall approve the

18  request unless it determines that such action will adversely

19  affect access to nursing home care in the geographical area in

20  which the nursing home is located. The agency shall, in its

21  review, consider a district average occupancy of 94 percent or

22  greater at the time of the application as an indicator of an

23  adverse impact. The agency shall review the request for

24  alternative use at each annual license renewal.

25         (6)  A nursing home facility that converts beds to an

26  alternative use under this section retains its license for all

27  of the nursing home facility beds and may return those beds to

28  nursing home operation upon 60 days' written notice to the

29  agency unless notice requirements are specified elsewhere in

30  law. The nursing home facility shall continue to pay all

31  licensure fees as required by s. 400.062 and applicable rules


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 1  but is not required to pay any other state licensure fee for

 2  the alternative service.

 3         (7)  Within 45 days after the end of each calendar

 4  quarter, each facility that has nursing facility beds licensed

 5  under chapter 400 shall report to the agency or its designee

 6  the total number of patient days which occurred in each month

 7  of the quarter and the number of such days which were Medicaid

 8  patient days.

 9         Section 2.  Subsection (17) of section 400.021, Florida

10  Statutes, is amended to read:

11         400.021  Definitions.--When used in this part, unless

12  the context otherwise requires, the term:

13         (17)  "Resident care plan" means a written plan

14  developed, maintained, and reviewed not less than quarterly by

15  a registered nurse, with participation from other facility

16  staff and the resident or his or her designee or legal

17  representative, which includes a comprehensive assessment of

18  the needs of an individual resident; the type and frequency of

19  services required to provide the necessary care for the

20  resident to attain or maintain the highest practicable

21  physical, mental, and psychosocial well-being; a listing of

22  services provided within or outside the facility to meet those

23  needs; and an explanation of service goals. The resident care

24  plan must be signed by the director of nursing or another

25  registered nurse employed by the facility to whom

26  institutional responsibilities have been delegated and by the

27  resident, the resident's designee, or the resident's legal

28  representative.

29         Section 3.  Subsection (10) is added to section 400.23,

30  Florida Statutes, to read:

31  


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    CS for CS for SB 1252                          First Engrossed



 1         400.23  Rules; evaluation and deficiencies; licensure

 2  status.--

 3         (10)  Agency records, reports, ranking systems,

 4  Internet information, and publications must reflect final

 5  agency actions.

 6         Section 4.  Subsections (5), (7), (8), and (12) of

 7  section 400.147, Florida Statutes, are amended to read:

 8         400.147  Internal risk management and quality assurance

 9  program.--

10         (5)  For purposes of reporting to the agency under this

11  section, the term "adverse incident" means:

12         (a)  An event over which facility personnel could

13  exercise control and which is associated in whole or in part

14  with the facility's intervention, rather than the condition

15  for which such intervention occurred, and which results in one

16  of the following:

17         1.  Death;

18         2.  Brain or spinal damage;

19         3.  Permanent disfigurement;

20         4.  Fracture or dislocation of bones or joints;

21         5.  A limitation of neurological, physical, or sensory

22  function;

23         6.  Any condition that required medical attention to

24  which the resident has not given his or her informed consent,

25  including failure to honor advanced directives; or

26         7.  Any condition that required the transfer of the

27  resident, within or outside the facility, to a unit providing

28  a more acute level of care due to the adverse incident, rather

29  than the resident's condition prior to the adverse incident;

30         (b)  Abuse, neglect, or exploitation as defined in s.

31  415.102;


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 1         (c)  Abuse, neglect and harm as defined in s. 39.01;

 2         (d)  Resident elopement; or

 3         (e)  An event that is reported to law enforcement for

 4  investigation.

 5         (7)  All incident reports as defined in CFR 483.13

 6  shall be filed immediately with the appropriate agencies.

 7         (7)  The facility shall initiate an investigation and

 8  shall notify the agency within 1 business day after the risk

 9  manager or his or her designee has received a report pursuant

10  to paragraph (1)(d). The notification must be made in writing

11  and be provided electronically, by facsimile device or

12  overnight mail delivery. The notification must include

13  information regarding the identity of the affected resident,

14  the type of adverse incident, the initiation of an

15  investigation by the facility, and whether the events causing

16  or resulting in the adverse incident represent a potential

17  risk to any other resident. The notification is confidential

18  as provided by law and is not discoverable or admissible in

19  any civil or administrative action, except in disciplinary

20  proceedings by the agency or the appropriate regulatory board.

21  The agency may investigate, as it deems appropriate, any such

22  incident and prescribe measures that must or may be taken in

23  response to the incident. The agency shall review each

24  incident and determine whether it potentially involved conduct

25  by the health care professional who is subject to disciplinary

26  action, in which case the provisions of s. 456.073 shall

27  apply.

28         (8)(a)  Each facility shall complete the investigation

29  and submit an adverse incident report to the agency for each

30  adverse incident within 15 calendar days after its occurrence.

31  If, after a complete investigation, the risk manager


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 1  determines that the incident was not an adverse incident as

 2  defined in subsection (5), the facility shall include this

 3  information in the report. The agency shall develop a form for

 4  reporting this information.

 5         (b)  The information reported to the agency pursuant to

 6  paragraph (a) which relates to persons licensed under chapter

 7  458, chapter 459, chapter 461, or chapter 466 shall be

 8  reviewed by the agency. The agency shall determine whether any

 9  of the incidents potentially involved conduct by a health care

10  professional who is subject to disciplinary action, in which

11  case the provisions of s. 456.073 shall apply.

12         (c)  The report submitted to the agency must also

13  contain the name of the risk manager of the facility.

14         (d)  The adverse incident report is confidential as

15  provided by law and is not discoverable or admissible in any

16  civil or administrative action, except in disciplinary

17  proceedings by the agency or the appropriate regulatory board.

18         (12)  If the agency, through its receipt of the adverse

19  incident reports prescribed in subsection (7), or through any

20  investigation, has a reasonable belief that conduct by a staff

21  member or employee of a facility is grounds for disciplinary

22  action by the appropriate regulatory board, the agency shall

23  report this fact to the regulatory board. The agency must use

24  the 15-day report to fulfill this reporting requirement. This

25  subsection does not require dual reporting nor additional, new

26  documentation and reporting by the facility to the appropriate

27  regulatory board.

28         Section 5.  Subsection (4) of section 400.211, Florida

29  Statutes, is amended to read:

30         400.211  Persons employed as nursing assistants;

31  certification requirement.--


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 1         (4)  When employed by a nursing home facility for a

 2  12-month period or longer, a nursing assistant, to maintain

 3  certification, shall submit to a performance review every 12

 4  months and must receive regular inservice education based on

 5  the outcome of such reviews. The inservice training must:

 6         (a)  Be sufficient to ensure the continuing competence

 7  of nursing assistants and must meet the standard specified in

 8  s. 464.203(7), must be at least 18 hours per year, and may

 9  include hours accrued under s. 464.203(8);

10         (b)  Include, at a minimum:

11         1.  Techniques for assisting with eating and proper

12  feeding;

13         2.  Principles of adequate nutrition and hydration;

14         3.  Techniques for assisting and responding to the

15  cognitively impaired resident or the resident with difficult

16  behaviors;

17         4.  Techniques for caring for the resident at the

18  end-of-life; and

19         5.  Recognizing changes that place a resident at risk

20  for pressure ulcers and falls; and

21         (c)  Address areas of weakness as determined in nursing

22  assistant performance reviews and may address the special

23  needs of residents as determined by the nursing home facility

24  staff.

25  

26  Costs associated with this training may not be reimbursed from

27  additional Medicaid funding through interim rate adjustments.

28         Section 6.  Subsection (17) of section 408.032, Florida

29  Statutes, is amended to read:

30  

31  


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    CS for CS for SB 1252                          First Engrossed



 1         408.032  Definitions relating to Health Facility and

 2  Services Development Act.--As used in ss. 408.031-408.045, the

 3  term:

 4         (17)  "Tertiary health service" means a health service

 5  which, due to its high level of intensity, complexity,

 6  specialized or limited applicability, and cost, should be

 7  limited to, and concentrated in, a limited number of hospitals

 8  to ensure the quality, availability, and cost-effectiveness of

 9  such service. Examples of such service include, but are not

10  limited to, organ transplantation, adult and pediatric open

11  heart surgery, specialty burn units, neonatal intensive care

12  units, comprehensive rehabilitation, and medical or surgical

13  services which are experimental or developmental in nature to

14  the extent that the provision of such services is not yet

15  contemplated within the commonly accepted course of diagnosis

16  or treatment for the condition addressed by a given service.

17  The agency shall establish by rule a list of all tertiary

18  health services.

19         Section 7.  Subsection (5) of section 408.034, Florida

20  Statutes, is amended to read:

21         408.034  Duties and responsibilities of agency;

22  rules.--

23         (5)  The agency shall establish by rule a

24  nursing-home-bed-need methodology that has a goal of

25  maintaining a district average occupancy rate of 94 percent

26  and that reduces the community nursing home bed need for the

27  areas of the state where the agency establishes pilot

28  community diversion programs through the Title XIX aging

29  waiver program.

30         Section 8.  Section 408.036, Florida Statutes, is

31  amended to read:


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 1         408.036  Projects subject to review; exemptions.--

 2         (1)  APPLICABILITY.--Unless exempt under subsection

 3  (3), all health-care-related projects, as described in

 4  paragraphs (a)-(h), are subject to review and must file an

 5  application for a certificate of need with the agency. The

 6  agency is exclusively responsible for determining whether a

 7  health-care-related project is subject to review under ss.

 8  408.031-408.045.

 9         (a)  The addition of beds by new construction or

10  alteration.

11         (b)  The new construction or establishment of

12  additional health care facilities, including a replacement

13  health care facility when the proposed project site is not

14  located on the same site as the existing health care facility.

15         (c)  The conversion from one type of health care

16  facility to another.

17         (d)  An increase in the total licensed bed capacity of

18  a health care facility.

19         (e)  The establishment of a hospice or hospice

20  inpatient facility, except as provided in s. 408.043.

21         (f)  The establishment of inpatient health services by

22  a health care facility, or a substantial change in such

23  services.

24         (g)  An increase in the number of beds for acute care,

25  nursing home care beds, specialty burn units, neonatal

26  intensive care units, comprehensive rehabilitation, mental

27  health services, or hospital-based distinct part skilled

28  nursing units, or at a long-term care hospital.

29         (h)  The establishment of tertiary health services.

30  

31  


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    CS for CS for SB 1252                          First Engrossed



 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         (b)(c)  A transfer of a certificate of need, except

 7  when an existing hospital is acquired by a purchaser, in which

 8  case all pending certificates of need filed by the existing

 9  hospital and all approved certificates of need owned by that

10  hospital would be acquired by the purchaser.

11         (c)(d)  A 50-percent increase in nursing home beds for

12  a facility incorporated and operating in this state for at

13  least 60 years on or before July 1, 1988, which has a licensed

14  nursing home facility located on a campus providing a variety

15  of residential settings and supportive services. The increased

16  nursing home beds shall be for the exclusive use of the campus

17  residents. Any application on behalf of an applicant meeting

18  this requirement shall be subject to the base fee of $5,000

19  provided in s. 408.038.

20         (d)(e)  Replacement of a health care facility when the

21  proposed project site is located in the same district and

22  within a 1-mile radius of the replaced health care facility.

23         (e)(f)  The conversion of mental health services beds

24  licensed under chapter 395 or hospital-based distinct part

25  conversion of skilled nursing unit beds to general acute care

26  beds; the mental health services beds between or among the

27  licensed bed categories defined as beds for mental health

28  services; or the conversion of general acute care beds to beds

29  for mental health services.

30  

31  


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    CS for CS for SB 1252                          First Engrossed



 1         1.  Conversion under this paragraph shall not establish

 2  a new licensed bed category at the hospital but shall apply

 3  only to categories of beds licensed at that hospital.

 4         2.  Beds converted under this paragraph must be

 5  licensed and operational for at least 12 months before the

 6  hospital may apply for additional conversion affecting beds of

 7  the same type.

 8         (f)  Replacement of a nursing home within the same

 9  district, provided the proposed project site is located within

10  a geographic area that contains at least 65 percent of the

11  facility's current residents and is within a 30-mile radius of

12  the replaced nursing home.

13         (g)  Relocation of a portion of a nursing home's

14  licensed beds to a replacement facility within the same

15  district, provided the relocation is within a 30-mile radius

16  of the existing facility and the total number of nursing home

17  beds in the district does not increase.

18  

19  The agency shall develop rules to implement the provisions for

20  expedited review, including time schedule, application content

21  which may be reduced from the full requirements of s.

22  408.037(1), and application processing.

23         (3)  EXEMPTIONS.--Upon request, the following projects

24  are subject to exemption from the provisions of subsection

25  (1):

26         (a)  For replacement of a licensed health care facility

27  on the same site, provided that the number of beds in each

28  licensed bed category will not increase.

29         (b)  For hospice services or for swing beds in a rural

30  hospital, as defined in s. 395.602, in a number that does not

31  exceed one-half of its licensed beds.


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    CS for CS for SB 1252                          First Engrossed



 1         (c)  For the conversion of licensed acute care hospital

 2  beds to Medicare and Medicaid certified skilled nursing beds

 3  in a rural hospital, as defined in s. 395.602, so long as the

 4  conversion of the beds does not involve the construction of

 5  new facilities. The total number of skilled nursing beds,

 6  including swing beds, may not exceed one-half of the total

 7  number of licensed beds in the rural hospital as of July 1,

 8  1993. Certified skilled nursing beds designated under this

 9  paragraph, excluding swing beds, shall be included in the

10  community nursing home bed inventory.  A rural hospital which

11  subsequently decertifies any acute care beds exempted under

12  this paragraph shall notify the agency of the decertification,

13  and the agency shall adjust the community nursing home bed

14  inventory accordingly.

15         (d)  For the addition of nursing home beds at a skilled

16  nursing facility that is part of a retirement community that

17  provides a variety of residential settings and supportive

18  services and that has been incorporated and operated in this

19  state for at least 65 years on or before July 1, 1994. All

20  nursing home beds must not be available to the public but must

21  be for the exclusive use of the community residents.

22         (e)  For an increase in the bed capacity of a nursing

23  facility licensed for at least 50 beds as of January 1, 1994,

24  under part II of chapter 400 which is not part of a continuing

25  care facility if, after the increase, the total licensed bed

26  capacity of that facility is not more than 60 beds and if the

27  facility has been continuously licensed since 1950 and has

28  received a superior rating on each of its two most recent

29  licensure surveys.

30         (f)  For an inmate health care facility built by or for

31  the exclusive use of the Department of Corrections as provided


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    CS for CS for SB 1252                          First Engrossed



 1  in chapter 945. This exemption expires when such facility is

 2  converted to other uses.

 3         (g)  For the termination of an inpatient health care

 4  service, upon 30 days' written notice to the agency.

 5         (h)  For the delicensure of beds, upon 30 days' written

 6  notice to the agency. A request for exemption submitted under

 7  this paragraph must identify the number, the category of beds,

 8  and the name of the facility in which the beds to be

 9  delicensed are located.

10         (i)  For the provision of adult inpatient diagnostic

11  cardiac catheterization services in a hospital.

12         1.  In addition to any other documentation otherwise

13  required by the agency, a request for an exemption submitted

14  under this paragraph must comply with the following criteria:

15         a.  The applicant must certify it will not provide

16  therapeutic cardiac catheterization pursuant to the grant of

17  the exemption.

18         b.  The applicant must certify it will meet and

19  continuously maintain the minimum licensure requirements

20  adopted by the agency governing such programs pursuant to

21  subparagraph 2.

22         c.  The applicant must certify it will provide a

23  minimum of 2 percent of its services to charity and Medicaid

24  patients.

25         2.  The agency shall adopt licensure requirements by

26  rule which govern the operation of adult inpatient diagnostic

27  cardiac catheterization programs established pursuant to the

28  exemption provided in this paragraph. The rules shall ensure

29  that such programs:

30         a.  Perform only adult inpatient diagnostic cardiac

31  catheterization services authorized by the exemption and will


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    CS for CS for SB 1252                          First Engrossed



 1  not provide therapeutic cardiac catheterization or any other

 2  services not authorized by the exemption.

 3         b.  Maintain sufficient appropriate equipment and

 4  health personnel to ensure quality and safety.

 5         c.  Maintain appropriate times of operation and

 6  protocols to ensure availability and appropriate referrals in

 7  the event of emergencies.

 8         d.  Maintain appropriate program volumes to ensure

 9  quality and safety.

10         e.  Provide a minimum of 2 percent of its services to

11  charity and Medicaid patients each year.

12         3.a.  The exemption provided by this paragraph shall

13  not apply unless the agency determines that the program is in

14  compliance with the requirements of subparagraph 1. and that

15  the program will, after beginning operation, continuously

16  comply with the rules adopted pursuant to subparagraph 2.  The

17  agency shall monitor such programs to ensure compliance with

18  the requirements of subparagraph 2.

19         b.(I)  The exemption for a program shall expire

20  immediately when the program fails to comply with the rules

21  adopted pursuant to sub-subparagraphs 2.a., b., and c.

22         (II)  Beginning 18 months after a program first begins

23  treating patients, the exemption for a program shall expire

24  when the program fails to comply with the rules adopted

25  pursuant to sub-subparagraphs 2.d. and e.

26         (III)  If the exemption for a program expires pursuant

27  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

28  agency shall not grant an exemption pursuant to this paragraph

29  for an adult inpatient diagnostic cardiac catheterization

30  program located at the same hospital until 2 years following

31  the date of the determination by the agency that the program


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    CS for CS for SB 1252                          First Engrossed



 1  failed to comply with the rules adopted pursuant to

 2  subparagraph 2.

 3         (j)  For the provision of percutaneous coronary

 4  intervention for patients presenting with emergency myocardial

 5  infarctions in a hospital without an approved adult open heart

 6  surgery program. In addition to any other documentation

 7  required by the agency, a request for an exemption submitted

 8  under this paragraph must comply with the following:

 9         1.  The applicant must certify that it will meet and

10  continuously maintain the requirements adopted by the agency

11  for the provision of these services. These licensure

12  requirements are to be adopted by rule pursuant to ss.

13  120.536(1) and 120.54 and are to be consistent with the

14  guidelines published by the American College of Cardiology and

15  the American Heart Association for the provision of

16  percutaneous coronary interventions in hospitals without adult

17  open heart services. At a minimum, the rules shall require the

18  following:

19         a.  Cardiologists must be experienced

20  interventionalists who have performed a minimum of 75

21  interventions within the previous 12 months.

22         b.  The hospital must provide a minimum of 36 emergency

23  interventions annually in order to continue to provide the

24  service.

25         c.  The hospital must offer sufficient physician,

26  nursing, and laboratory staff to provide the services 24 hours

27  a day, 7 days a week.

28         d.  Nursing and technical staff must have demonstrated

29  experience in handling acutely ill patients requiring

30  intervention based on previous experience in dedicated

31  interventional laboratories or surgical centers.


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    CS for CS for SB 1252                          First Engrossed



 1         e.  Cardiac care nursing staff must be adept in

 2  hemodynamic monitoring and Intra-aortic Balloon Pump (IABP)

 3  management.

 4         f.  Formalized written transfer agreements must be

 5  developed with a hospital with an adult open heart surgery

 6  program, and written transport protocols must be in place to

 7  ensure safe and efficient transfer of a patient within 60

 8  minutes. Transfer and transport agreements must be reviewed

 9  and tested, with appropriate documentation maintained at least

10  every 3 months.

11         g.  Hospitals implementing the service must first

12  undertake a training program of 3 to 6 months which includes

13  establishing standards, testing logistics, creating quality

14  assessment and error management practices, and formalizing

15  patient selection criteria.

16         2.  The applicant must certify that it will utilize at

17  all times the patient selection criteria for the performance

18  of primary angioplasty at hospitals without adult open heart

19  surgery programs issued by the American College of Cardiology

20  and the American Heart Association. At a minimum, these

21  criteria would provide for the following:

22         a.  Avoidance of interventions in hemodynamically

23  stable patients presenting with identified symptoms or medical

24  histories.

25         b.  Transfer of patients presenting with a history of

26  coronary disease and clinical presentation of hemodynamic

27  instability.

28         3.  The applicant must agree to submit a quarterly

29  report to the agency detailing patient characteristics,

30  treatment, and outcomes for all patients receiving emergency

31  percutaneous coronary interventions pursuant to this


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    CS for CS for SB 1252                          First Engrossed



 1  paragraph. This report must be submitted within 15 days after

 2  the close of each calendar quarter.

 3         4.  The exemption provided by this paragraph shall not

 4  apply unless the agency determines that the hospital has taken

 5  all necessary steps to be in compliance with all requirements

 6  of this paragraph, including the training program required

 7  pursuant to sub-subparagraph 1.g.

 8         5.  Failure of the hospital to continuously comply with

 9  the requirements of sub-subparagraphs 1.c.-f. and

10  subparagraphs 2. and 3. will result in the immediate

11  expiration of this exemption.

12         6.  Failure of the hospital to meet the volume

13  requirements of sub-subparagraphs 1.a.-b. within 18 months

14  after the program begins offering the service will result in

15  the immediate expiration of the exemption.

16         7.  If the exemption for this service expires pursuant

17  to subparagraph 5. or subparagraph 6., the agency shall not

18  grant another exemption for this service to the same hospital

19  for a period of 2 years and then only upon a showing that the

20  hospital will remain in compliance with the requirements of

21  this paragraph through a demonstration of corrections to the

22  deficiencies which caused expiration of the exemption.

23  Compliance with the requirements of this paragraph includes

24  compliance with the rules adopted pursuant to this paragraph.

25         (k)(j)  For mobile surgical facilities and related

26  health care services provided under contract with the

27  Department of Corrections or a private correctional facility

28  operating pursuant to chapter 957.

29         (l)(k)  For state veterans' nursing homes operated by

30  or on behalf of the Florida Department of Veterans' Affairs in

31  accordance with part II of chapter 296 for which at least 50


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    CS for CS for SB 1252                          First Engrossed



 1  percent of the construction cost is federally funded and for

 2  which the Federal Government pays a per diem rate not to

 3  exceed one-half of the cost of the veterans' care in such

 4  state nursing homes. These beds shall not be included in the

 5  nursing home bed inventory.

 6         (m)(l)  For combination within one nursing home

 7  facility of the beds or services authorized by two or more

 8  certificates of need issued in the same planning subdistrict.

 9  An exemption granted under this paragraph shall extend the

10  validity period of the certificates of need to be consolidated

11  by the length of the period beginning upon submission of the

12  exemption request and ending with issuance of the exemption.

13  The longest validity period among the certificates shall be

14  applicable to each of the combined certificates.

15         (n)(m)  For division into two or more nursing home

16  facilities of beds or services authorized by one certificate

17  of need issued in the same planning subdistrict.  An exemption

18  granted under this paragraph shall extend the validity period

19  of the certificate of need to be divided by the length of the

20  period beginning upon submission of the exemption request and

21  ending with issuance of the exemption.

22         (o)(n)  For the addition of hospital beds licensed

23  under chapter 395 for acute care, mental health services, or a

24  hospital-based distinct part skilled nursing unit in a number

25  that may not exceed 10 total beds or 10 percent of the

26  licensed capacity of the bed category being expanded,

27  whichever is greater; for the addition of medical

28  rehabilitation beds licensed under chapter 395 in a number

29  that may not exceed eight total beds or 10 percent of

30  capacity, whichever is greater; or for the addition of mental

31  health services beds licensed under chapter 395 in a number


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    CS for CS for SB 1252                          First Engrossed



 1  that may not exceed 10 total beds or 10 percent of the

 2  licensed capacity of the bed category being expended,

 3  whichever is greater. Beds for specialty burn units or,

 4  neonatal intensive care units, or comprehensive

 5  rehabilitation, or at a long-term care hospital, may not be

 6  increased under this paragraph.

 7         1.  In addition to any other documentation otherwise

 8  required by the agency, a request for exemption submitted

 9  under this paragraph must:

10         a.  Certify that the prior 12-month average occupancy

11  rate for the category of licensed beds being expanded at the

12  facility meets or exceeds 75 80 percent or, for a

13  hospital-based distinct part skilled nursing unit, the prior

14  12-month average occupancy rate meets or exceeds 96 percent

15  or, for medical rehabilitation beds, the prior 12-month

16  average occupancy meets or exceeds 90 percent.

17         b.  Certify that any beds of the same type authorized

18  for the facility under this paragraph before the date of the

19  current request for an exemption have been licensed and

20  operational for at least 12 months.

21         2.  The timeframes and monitoring process specified in

22  s. 408.040(2)(a)-(c) apply to any exemption issued under this

23  paragraph.

24         3.  The agency shall count beds authorized under this

25  paragraph as approved beds in the published inventory of

26  hospital beds until the beds are licensed.

27         (p)(o)  For the addition of acute care beds, as

28  authorized by rule consistent with s. 395.003(4), in a number

29  that may not exceed 30 10 total beds or 10 percent of licensed

30  bed capacity, whichever is greater, for temporary beds in a

31  hospital that has experienced high seasonal occupancy within


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    CS for CS for SB 1252                          First Engrossed



 1  the prior 12-month period or in a hospital that must respond

 2  to emergency circumstances.

 3         (q)(p)  For the addition of nursing home beds licensed

 4  under chapter 400 in a number not exceeding 10 total beds or

 5  10 percent of the number of beds licensed in the facility

 6  being expanded, whichever is greater.

 7         1.  In addition to any other documentation required by

 8  the agency, a request for exemption submitted under this

 9  paragraph must:

10         a.  Effective until June 30, 2001, Certify that the

11  facility has not had any class I or class II deficiencies

12  within the 30 months preceding the request for addition.

13         b.  Effective on July 1, 2001, certify that the

14  facility has been designated as a Gold Seal nursing home under

15  s. 400.235.

16         b.c.  Certify that the prior 12-month average occupancy

17  rate for the nursing home beds at the facility meets or

18  exceeds 96 percent.

19         e.d.  Certify that any beds authorized for the facility

20  under this paragraph before the date of the current request

21  for an exemption have been licensed and operational for at

22  least 12 months.

23         2.  The timeframes and monitoring process specified in

24  s. 408.040(2)(a)-(c) apply to any exemption issued under this

25  paragraph.

26         3.  The agency shall count beds authorized under this

27  paragraph as approved beds in the published inventory of

28  nursing home beds until the beds are licensed.

29         (q)  For establishment of a specialty hospital offering

30  a range of medical service restricted to a defined age or

31  gender group of the population or a restricted range of


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    CS for CS for SB 1252                          First Engrossed



 1  services appropriate to the diagnosis, care, and treatment of

 2  patients with specific categories of medical illnesses or

 3  disorders, through the transfer of beds and services from an

 4  existing hospital in the same county.

 5         (r)  For the conversion of hospital-based Medicare and

 6  Medicaid certified skilled nursing beds to acute care beds, if

 7  the conversion does not involve the construction of new

 8  facilities.

 9         (s)  For the replacement of a statutory rural hospital

10  when the proposed project site is located in the same district

11  and within 10 miles of the existing facility and within the

12  current primary service area, defined as the least number of

13  zip codes comprising 75 percent of the hospital's inpatient

14  admissions. For fiscal year 2001-2002 only, for transfer by a

15  health care system of existing services and not more than 100

16  licensed and approved beds from a hospital in district 1,

17  subdistrict 1, to another location within the same subdistrict

18  in order to establish a satellite facility that will improve

19  access to outpatient and inpatient care for residents of the

20  district and subdistrict and that will use new medical

21  technologies, including advanced diagnostics, computer

22  assisted imaging, and telemedicine to improve care. This

23  paragraph is repealed on July 1, 2002.

24         (t)  For the conversion of mental health services beds

25  licensed under chapter 395 or hospital-based distinct part

26  skilled nursing unit beds to general acute care beds; the

27  conversion of mental health services beds between or among the

28  licensed bed categories defined as beds for mental health

29  services; or the conversion of general acute care beds to beds

30  for mental health services.

31  


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    CS for CS for SB 1252                          First Engrossed



 1         1.  Conversion under this paragraph does not establish

 2  a new licensed bed category at the hospital but applies only

 3  to categories of beds licensed at that hospital.

 4         2.  Beds converted under this paragraph must be

 5  licensed and operational for at least 12 months before the

 6  hospital may apply for additional conversion affecting beds of

 7  the same type.

 8         (u)  For the creation of at least a 10-bed Level II

 9  neonatal intensive care unit upon demonstrating to the agency

10  that the applicant hospital had a minimum of 1,500 live births

11  during the previous 12 months.

12         (v)  For the addition of Level II or Level III neonatal

13  intensive care beds in a number not to exceed six beds or 10

14  percent of licensed capacity in that category, whichever is

15  greater, provided that the hospital certifies that the prior

16  12-month average occupancy rate for the category of licensed

17  neonatal intensive care beds meets or exceeds 75 percent.

18         (w)  For replacement of a licensed nursing home on the

19  same site, or within 3 miles of the same site, provided the

20  number of licensed beds does not increase.

21         (x)  For consolidation or combination of licensed

22  nursing homes or transfer of beds between licensed nursing

23  homes within the same district, by providers that operate

24  multiple nursing homes within that district, provided there is

25  no increase in the district total of nursing home beds and the

26  relocation does not exceed 30 miles from the original

27  location.

28         (y)1.  For the provision of adult open-heart services

29  in a hospital located within the boundaries of Palm Beach,

30  Polk, Martin, St. Lucie, and Indian River Counties if the

31  following conditions are met: The exemption must be based upon


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    CS for CS for SB 1252                          First Engrossed



 1  objective criteria and address and solve the twin problems of

 2  geographic and temporal access. A hospital shall be exempt

 3  from the certificate-of-need review for the establishment of

 4  an open-heart-surgery program when the application for

 5  exemption submitted under this paragraph complies with the

 6  following criteria:

 7         a.  The applicant must certify that it will meet and

 8  continuously maintain the minimum licensure requirements

 9  adopted by the agency governing adult open-heart programs,

10  including the most current guidelines of the American College

11  of Cardiology and American Heart Association Guidelines for

12  Adult Open Heart Programs.

13         b.  The applicant must certify that it will maintain

14  sufficient appropriate equipment and health personnel to

15  ensure quality and safety.

16         c.  The applicant must certify that it will maintain

17  appropriate times of operation and protocols to ensure

18  availability and appropriate referrals in the event of

19  emergencies.

20         d.  The applicant can demonstrate that it is referring

21  300 or more patients per year from the hospital, including the

22  emergency room, for cardiac services at a hospital with

23  cardiac services, or that the average wait for transfer for 50

24  percent or more of the cardiac patients exceeds 4 hours.

25         e.  The applicant is a general acute care hospital that

26  is in operation for 3 years or more.

27         f.  The applicant is performing more than 300

28  diagnostic cardiac catheterization procedures per year,

29  combined inpatient and outpatient.

30         g.  The applicant's payor mix at a minimum reflects the

31  community average for Medicaid, charity care, and self-pay


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    CS for CS for SB 1252                          First Engrossed



 1  patients or the applicant must certify that it will provide a

 2  minimum of 5 percent of Medicaid, charity care, and self-pay

 3  to open-heart-surgery patients.

 4         h.  If the applicant fails to meet the established

 5  criteria for open-heart programs or fails to reach 300

 6  surgeries per year by the end of its third year of operation,

 7  it must show cause why its exemption should not be revoked.

 8         2.  By December 31, 2004, and annually thereafter, the

 9  Agency for Health Care Administration shall submit a report to

10  the Legislature providing information concerning the number of

11  requests for exemption received under this paragraph and the

12  number of exemptions granted or denied.

13         (4)  A request for exemption under subsection (3) may

14  be made at any time and is not subject to the batching

15  requirements of this section. The request shall be supported

16  by such documentation as the agency requires by rule. The

17  agency shall assess a fee of $250 for each request for

18  exemption submitted under subsection (3).

19         Section 9.  Section 408.038, Florida Statutes, is

20  amended to read:

21         408.038  Fees.--The agency shall assess fees on

22  certificate-of-need applications.  Such fees shall be for the

23  purpose of funding the functions of the local health councils

24  and the activities of the agency and shall be allocated as

25  provided in s. 408.033. The fee shall be determined as

26  follows:

27         (1)  A minimum base fee of $10,000 $5,000.

28         (2)  In addition to the base fee of $10,000 $5,000,

29  0.015 of each dollar of proposed expenditure, except that a

30  fee may not exceed $50,000 $22,000.

31  


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    CS for CS for SB 1252                          First Engrossed



 1         Section 10.  Paragraph (e) of subsection (5) and

 2  paragraph (c) of subsection (6) of section 408.039, Florida

 3  Statutes, are amended to read:

 4         408.039  Review process.--The review process for

 5  certificates of need shall be as follows:

 6         (5)  ADMINISTRATIVE HEARINGS.--

 7         (e)  The agency shall issue its final order within 45

 8  days after receipt of the recommended order. If the agency

 9  fails to take action within 45 days, the recommended order of

10  the Division of Administrative Hearings is deemed approved

11  such time, or as otherwise agreed to by the applicant and the

12  agency, the applicant may take appropriate legal action to

13  compel the agency to act. When making a determination on an

14  application for a certificate of need, the agency is

15  specifically exempt from the time limitations provided in s.

16  120.60(1).

17         (6)  JUDICIAL REVIEW.--

18         (c)  The court, in its discretion, may award reasonable

19  attorney's fees and costs to the prevailing party if the court

20  finds that there was a complete absence of a justiciable issue

21  of law or fact raised by the losing party. If the losing party

22  is a hospital, the court shall order it to pay the reasonable

23  attorney's fees and costs, which shall include fees and costs

24  incurred as a result of the administrative hearing and the

25  judicial appeal, of the prevailing hospital party.

26         Section 11.  This act shall not preclude review and

27  final agency actions on any certificate of need application

28  that was filed with the Agency for Health Care Administration

29  before the effective date of this act.

30         Section 12.  Hospital Statutory and Regulatory Reform

31  Council; legislative intent; creation; membership; duties.--


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    CS for CS for SB 1252                          First Engrossed



 1         (1)  It is the intent of the Legislature to provide for

 2  the protection of the public health and safety in the

 3  establishment, construction, maintenance, and operation of

 4  hospitals. However, the Legislature further intends that the

 5  police power of the state be exercised toward that purpose

 6  only to the extent necessary and that regulation remain

 7  current with the ever-changing standard of care and not

 8  restrict the introduction and use of new medical technologies

 9  and procedures.

10         (2)  In order to achieve the purposes expressed in

11  subsection (1), it is necessary that the state establish a

12  mechanism for the ongoing review and updating of laws

13  regulating hospitals. The Hospital Statutory and Regulatory

14  Reform Council is created and located, for administrative

15  purposes only, within the Agency for Health Care

16  Administration. The council shall consist of no more than 15

17  members, including:

18         (a)  Nine members appointed by the Florida Hospital

19  Association who represent acute care, teaching, specialty,

20  rural, government-owned, for-profit, and not-for-profit

21  hospitals.

22         (b)  Two members appointed by the Governor who

23  represent patients.

24         (c)  Two members appointed by the President of the

25  Senate who represent private businesses that provide health

26  insurance coverage for their employees, one of whom represents

27  small private businesses and one of whom represents large

28  private businesses. As used in this paragraph, the term

29  "private business" does not include an entity licensed under

30  chapter 627, Florida Statutes, or chapter 641, Florida

31  Statutes, or otherwise licensed or authorized to provide


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    CS for CS for SB 1252                          First Engrossed



 1  health insurance services, either directly or indirectly, in

 2  this state.

 3         (d)  Two members appointed by the Speaker of the House

 4  of Representatives who represent physicians.

 5         (3)  Council members shall be appointed to serve 2-year

 6  terms and may be reappointed. A member shall serve until his

 7  or her successor is appointed. The council shall annually

 8  elect from among its members a chair and a vice chair. The

 9  council shall meet at least twice a year and shall hold

10  additional meetings as it considers necessary. Members

11  appointed by the Florida Hospital Association may not receive

12  compensation or reimbursement of expenses for their services.

13  Members appointed by the Governor, the President of the

14  Senate, or the Speaker of the House of Representatives may be

15  reimbursed for travel expenses by the agency.

16         (4)  The council, as its first priority, shall review

17  chapters 395 and 408, Florida Statutes, and shall make

18  recommendations to the Legislature for the repeal of

19  regulatory provisions that are no longer necessary or that

20  fail to promote cost-efficient, high-quality medicine.

21         (5)  The council, as its second priority, shall

22  recommend to the Secretary of Health and the Secretary of

23  Health Care Administration regulatory changes relating to

24  hospital licensure and regulation to assist the Department of

25  Health and the Agency for Health Care Administration in

26  carrying out their duties and to ensure that the intent of the

27  Legislature as expressed in this section is carried out.

28         (6)  In determining whether a statute or rule is

29  appropriate or necessary, the council shall consider whether:

30  

31  


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    CS for CS for SB 1252                          First Engrossed



 1         (a)  The statute or rule is necessary to prevent

 2  substantial harm, which is recognizable and not remote, to the

 3  public health, safety, or welfare.

 4         (b)  The statute or rule restricts the use of new

 5  medical technologies or encourages the implementation of more

 6  cost-effective medical procedures.

 7         (c)  The statute or rule has an unreasonable effect on

 8  job creation or job retention in the state.

 9         (d)  The public is or can be effectively protected by

10  other means.

11         (e)  The overall cost-effectiveness and economic effect

12  of the proposed statute or rule, including the indirect costs

13  to consumers, will be favorable.

14         (f)  A lower-cost regulatory alternative to the statute

15  or rule could be adopted.

16         Section 13.  Subsection (26) of section 415.102,

17  Florida Statutes, is amended to read:

18         415.102  Definitions of terms used in ss.

19  415.101-415.113.--As used in ss. 415.101-415.113, the term:

20         (26)  "Vulnerable adult" means a person 18 years of age

21  or older whose ability to perform the normal activities of

22  daily living or to provide for his or her own care or

23  protection is impaired due to a long-term mental, emotional,

24  physical, or developmental disability or dysfunctioning, or

25  brain damage, or the infirmities of aging.

26         Section 14.  This act shall take effect July 1, 2003.

27  

28  

29  

30  

31  


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