Senate Bill sb1252e1
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    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  
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    CS for CS for SB 1252                          First Engrossed
 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
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    CS for CS for SB 1252                          First Engrossed
 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  
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    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;
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    CS for CS for SB 1252                          First Engrossed
 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
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    CS for CS for SB 1252                          First Engrossed
 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.--
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    CS for CS for SB 1252                          First Engrossed
 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  
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    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:
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    CS for CS for SB 1252                          First Engrossed
 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  
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    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  
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    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.
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    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.
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  22
CODING: Words stricken are deletions; words underlined are additions.
    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  
                                  23
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  24
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  25
CODING: Words stricken are deletions; words underlined are additions.
    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  
                                  26
CODING: Words stricken are deletions; words underlined are additions.
    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.--
                                  27
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  28
CODING: Words stricken are deletions; words underlined are additions.
    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  
                                  29
CODING: Words stricken are deletions; words underlined are additions.
    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  
                                  30
CODING: Words stricken are deletions; words underlined are additions.