Senate Bill sb1890

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    Florida Senate - 2003                                  SB 1890

    By Senator Wise





    5-691-03

  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         abolishing the Agency for Health Care

  4         Administration and transferring the duties and

  5         responsibilities of the Agency for Health Care

  6         Administration to the Department of Health;

  7         repealing s. 20.42, F.S., relating to the

  8         Agency for Health Care Administration; amending

  9         s. 20.425, F.S.; redesignating the Agency for

10         Health Care Administration Tobacco Settlement

11         Trust Fund as the Department of Health Tobacco

12         Settlement Trust Fund; amending s. 20.43, F.S.;

13         revising provisions governing the duties and

14         responsibilities of the Department of Health to

15         conform to the reorganization; requiring the

16         Secretary of Health to report recommendations

17         to the Governor and the Legislature for

18         implementing the reorganization; directing the

19         Division of Statutory Revision of the Office of

20         Legislative Services to prepare a reviser's

21         bill conforming the Florida Statutes to the

22         changes made by the act; providing an effective

23         date.

24  

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

26  

27         Section 1.  The Agency for Health Care Administration

28  is transferred to the Department of Health by a type two

29  transfer as provided in section 20.06(2), Florida Statutes.

30         Section 2.  The Agency for Health Care Administration

31  is abolished.

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    Florida Senate - 2003                                  SB 1890
    5-691-03




 1         Section 3.  Section 20.42, Florida Statutes, is

 2  repealed.

 3         Section 4.  Section 20.425, Florida Statutes, is

 4  amended to read:

 5         20.425  Department of Agency for Health Care

 6  Administration Tobacco Settlement Trust Fund.--

 7         (1)  The Department of Agency for Health Care

 8  Administration Tobacco Settlement Trust Fund is created within

 9  the department agency. Funds to be credited to the trust fund

10  shall consist of funds disbursed, by nonoperating transfer,

11  from the Department of Banking and Finance Tobacco Settlement

12  Clearing Trust Fund in amounts equal to the annual

13  appropriations made from this trust fund.

14         (2)  Notwithstanding the provisions of s. 216.301 and

15  pursuant to s. 216.351, any unencumbered balance in the trust

16  fund at the end of any fiscal year and any encumbered balance

17  remaining undisbursed on December 31 of the same calendar year

18  shall revert to the Department of Banking and Finance Tobacco

19  Settlement Clearing Trust Fund.

20         Section 5.  Subsections (1) and (3) of section 20.43,

21  Florida Statutes, are amended to read:

22         20.43  Department of Health.--There is created a

23  Department of Health.

24         (1)  The purpose of the Department of Health is to

25  promote and protect the health of all residents and visitors

26  in the state through organized state and community efforts,

27  including cooperative agreements with counties. The department

28  shall be the chief health policy and planning entity for the

29  state. The department is responsible for health facility

30  licensure, inspection, and regulatory enforcement;

31  investigation of consumer complaints related to health care

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    Florida Senate - 2003                                  SB 1890
    5-691-03




 1  facilities and managed care plans; the implementation of the

 2  certificate-of-need program; the operation of the State Center

 3  for Health Statistics; the administration of the Medicaid

 4  program; the administration of the contracts with the Florida

 5  Healthy Kids Corporation; the certification of health

 6  maintenance organizations and prepaid health clinics as set

 7  forth in part III of chapter 641; and any other duties

 8  prescribed by law. The department shall:

 9         (a)  Prevent to the fullest extent possible, the

10  occurrence and progression of communicable and noncommunicable

11  diseases and disabilities.

12         (b)  Maintain a constant surveillance of disease

13  occurrence and accumulate health statistics necessary to

14  establish disease trends and to design health programs.

15         (c)  Conduct special studies of the causes of diseases

16  and formulate preventive strategies.

17         (d)  Promote the maintenance and improvement of the

18  environment as it affects public health.

19         (e)  Promote the maintenance and improvement of health

20  in the residents of the state.

21         (f)  Provide leadership, in cooperation with the public

22  and private sectors, in establishing statewide and community

23  public health delivery systems.

24         (g)  Provide health care and early intervention

25  services to infants, toddlers, children, adolescents, and

26  high-risk perinatal patients who are at risk for disabling

27  conditions or have chronic illnesses.

28         (h)  Provide services to abused and neglected children

29  through child protection teams and sexual abuse treatment

30  programs.

31  

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    Florida Senate - 2003                                  SB 1890
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 1         (i)  Develop working associations with all agencies and

 2  organizations involved and interested in health and health

 3  care delivery.

 4         (j)  Analyze trends in the evolution of health systems,

 5  and identify and promote the use of innovative, cost-effective

 6  health delivery systems.

 7         (k)  Serve as the statewide repository of all aggregate

 8  data accumulated by state agencies related to health care;

 9  analyze that data and issue periodic reports and policy

10  statements, as appropriate; require that all aggregated data

11  be kept in a manner that promotes easy utilization by the

12  public, state agencies, and all other interested parties;

13  provide technical assistance as required; and work

14  cooperatively with the state's higher education programs to

15  promote further study and analysis of health care systems and

16  health care outcomes.

17         (l)  Include in the department's strategic plan

18  developed under s. 186.021 an assessment of current health

19  programs, systems, and costs; projections of future problems

20  and opportunities; and recommended changes that are needed in

21  the health care system to improve the public health.

22         (m)  Regulate health practitioners, to the extent

23  authorized by the Legislature, as necessary for the

24  preservation of the health, safety, and welfare of the public.

25         (3)  The following divisions of the Department of

26  Health are established:

27         (a)  Division of Administration.

28         (b)  Division of Environmental Health.

29         (c)  Division of Disease Control.

30         (d)  Division of Family Health Services.

31         (e)  Division of Children's Medical Services Network.

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    Florida Senate - 2003                                  SB 1890
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 1         (f)  Division of Emergency Medical Services and

 2  Community Health Resources.

 3         (g)  Division of Medical Quality Assurance, which is

 4  responsible for the following boards and professions

 5  established within the division:

 6         1.  The Board of Acupuncture, created under chapter

 7  457.

 8         2.  The Board of Medicine, created under chapter 458.

 9         3.  The Board of Osteopathic Medicine, created under

10  chapter 459.

11         4.  The Board of Chiropractic Medicine, created under

12  chapter 460.

13         5.  The Board of Podiatric Medicine, created under

14  chapter 461.

15         6.  Naturopathy, as provided under chapter 462.

16         7.  The Board of Optometry, created under chapter 463.

17         8.  The Board of Nursing, created under part I of

18  chapter 464.

19         9.  Nursing assistants, as provided under part II of

20  chapter 464.

21         10.  The Board of Pharmacy, created under chapter 465.

22         11.  The Board of Dentistry, created under chapter 466.

23         12.  Midwifery, as provided under chapter 467.

24         13.  The Board of Speech-Language Pathology and

25  Audiology, created under part I of chapter 468.

26         14.  The Board of Nursing Home Administrators, created

27  under part II of chapter 468.

28         15.  The Board of Occupational Therapy, created under

29  part III of chapter 468.

30         16.  Respiratory therapy, as provided under part V of

31  chapter 468.

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    Florida Senate - 2003                                  SB 1890
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 1         17.  Dietetics and nutrition practice, as provided

 2  under part X of chapter 468.

 3         18.  The Board of Athletic Training, created under part

 4  XIII of chapter 468.

 5         19.  The Board of Orthotists and Prosthetists, created

 6  under part XIV of chapter 468.

 7         20.  Electrolysis, as provided under chapter 478.

 8         21.  The Board of Massage Therapy, created under

 9  chapter 480.

10         22.  The Board of Clinical Laboratory Personnel,

11  created under part III of chapter 483.

12         23.  Medical physicists, as provided under part IV of

13  chapter 483.

14         24.  The Board of Opticianry, created under part I of

15  chapter 484.

16         25.  The Board of Hearing Aid Specialists, created

17  under part II of chapter 484.

18         26.  The Board of Physical Therapy Practice, created

19  under chapter 486.

20         27.  The Board of Psychology, created under chapter

21  490.

22         28.  School psychologists, as provided under chapter

23  490.

24         29.  The Board of Clinical Social Work, Marriage and

25  Family Therapy, and Mental Health Counseling, created under

26  chapter 491.

27         (h)  Division of Children's Medical Services Prevention

28  and Intervention.

29         (i)  Division of Information Resource Management.

30         (j)  Division of Health Awareness and Tobacco.

31         (k)  Division of Health Care Administration.

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    Florida Senate - 2003                                  SB 1890
    5-691-03




 1         Section 6.  By January 1, 2004, the Secretary of Health

 2  shall report to the Governor, the President of the Senate, and

 3  the Speaker of the House of Representatives his or her

 4  recommendations for reorganizing the Department of Health.

 5         Section 7.  By January 1, 2004, the Division of

 6  Statutory Revision of the Office of Legislative Services shall

 7  prepare a reviser's bill to conform the Florida Statutes to

 8  the changes made by this act.

 9         Section 8.  This act shall take effect October 1, 2003.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Abolishes the Agency for Health Care Administration and
      transfers the duties and responsibilities of the agency
14    to the Department of Health. Requires the Secretary of
      Health to report recommendations for implementing the
15    reorganization. Directs the Division of Statutory
      Revision of the Office of Legislative Services to prepare
16    a reviser's bill. (See bill for details.)

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