HB 0177 2003
1	A bill to be entitled
2	An act relating to hospital licensing and regulation;
3	defining terms; prohibiting certain transfers of open-
4	heart surgery services; providing for a shared open-heart
5	certificate of need in specified circumstances; providing
6	an evidentiary presumption; providing a penalty; providing
7	an effective date.
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9	Be It Enacted by the Legislature of the State of Florida:
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11	Section 1.Transfer of open-heart surgery services
12	prohibited; shared certificate of need; penalty for closing
13	staff or removing services.--
14	(1) As used in this section, the term:
15	(a) "Closed-staff hospital" means a hospital in which the
16	physicians are salaried employees.
17	(b) "Open-staff hospital" means a hospital in which
18	physicians in the community can apply for admitting privileges.
19	(2) A private interest group or a licensed general
20	hospital as defined under section 395.002, Florida Statutes, may
21	not remove open-heart surgery services from a licensed general
22	hospital that has an open medical staff to a closed-staff
23	general hospital.
24	(3) If the situation described in subsection (2) arises,
25	the Agency for Health Care Administration may allow a shared
26	open-heart certificate of need between the two licensed general
27	hospitals to prevent the interruption of open-heart services at
28	either of the two hospitals.
29	(4) The closing of a hospital's staff or the removal of
30	open-heart services from an open-staff general hospital to a
31	closed-staff hospital is prima facie evidence that the licensed
32	general hospital no longer makes its facilities and services
33	available to the general population and that the hospital is no
34	longer a general hospital; consequently, the hospital's license
35	is subject to revocation or suspension by the agency as
36	authorized under section 395.003(8), Florida Statutes.
37	Section 2. This act shall take effect July 1, 2003.
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