HB 0441 2003
   
1 CHAMBER ACTION
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6          The Committee on Health Care recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to rural hospitals; amending ss. 395.602
12    and 408.07, F.S.; revising the definition of the term
13    "rural hospital"; declaring and continuing such
14    designation for certain hospitals for a specified period;
15    authorizing the granting of such designation for certain
16    other hospitals upon application with supporting
17    documentation; creating s. 395.6025, F.S.; authorizing
18    exemptions from certificate-of-need review for the
19    construction of a replacement facility for a statutory
20    rural hospital; providing conditions for eligibility for
21    the exemption; creating s. 395.6063, F.S.; permitting any
22    statutory rural hospital to contract with the Department
23    of Management Services in order to purchase coverage in
24    the state group health insurance plan for the hospital's
25    employees; requiring a participating hospital to make the
26    employer contributions required and pay an annual
27    administrative fee; providing an effective date.
28         
29          Be It Enacted by the Legislature of the State of Florida:
30         
31          Section 1. Paragraph (e) of subsection (2) of section
32    395.602, Florida Statutes, is amended to read:
33          395.602 Rural hospitals.--
34          (2) DEFINITIONS.--As used in this part:
35          (e) "Rural hospital" means an acute care hospital licensed
36    under this chapter, having 100 or fewer licensed beds and an
37    emergency room, which is:
38          1. The sole provider within a county with a population
39    density of no greater than 100 persons per square mile;
40          2. An acute care hospital, in a county with a population
41    density of no greater than 100 persons per square mile, which is
42    at least 30 minutes of travel time, on normally traveled roads
43    under normal traffic conditions, from any other acute care
44    hospital within the same county;
45          3. A hospital supported by a tax district or subdistrict
46    whose boundaries encompass a population of 100 persons or fewer
47    per square mile;
48          4. A hospital in a constitutional charter county with a
49    population of over 1 million persons that has imposed a local
50    option health service tax pursuant to law and in an area that
51    was directly impacted by a catastrophic event on August 24,
52    1992, for which the Governor of Florida declared a state of
53    emergency pursuant to chapter 125, and has 120 beds or less that
54    serves an agricultural community with an emergency room
55    utilization of no less than 20,000 visits and a Medicaid in-
56    patient utilization rate greater than 15 percent;
57          5. A hospital with a service area that has a population of
58    100 persons or fewer per square mile. As used in this
59    subparagraph, the term "service area" means the fewest number of
60    zip codes that account for 75 percent of the hospital's
61    discharges for the most recent 5-year period, based on
62    information available from the hospital inpatient discharge
63    database in the State Center for Health Statistics at the Agency
64    for Health Care Administration; or
65          6. A hospital designated as a Critical Access Hospital by
66    the Department of Health in accordance with federal regulations
67    and state requirements.
68         
69          Population densities used in this paragraph must be based upon
70    the most recently completed United States census. A hospital
71    that received funds under s. 409.9116 for a quarter beginning no
72    later than July 1, 2002, is deemed to have been and shall
73    continue to be a rural hospital from that date through June 30,
74    2012, if the hospital continues to have 100 or fewer licensed
75    beds and an emergency room, or meets the criteria of
76    subparagraph 4. An acute care hospital that has not previously
77    been designated as a rural hospital and that meets the criteria
78    of this paragraph shall be granted such designation upon
79    application, including supporting documentation, to the Agency
80    for Health Care Administration.
81          Section 2. Subsection (42) of section 408.07, Florida
82    Statutes, is amended to read:
83          408.07 Definitions.--As used in this chapter, with the
84    exception of ss. 408.031-408.045, the term:
85          (42) "Rural hospital" means an acute care hospital
86    licensed under chapter 395, having 100 or fewer licensed beds
87    and an emergency room, and which is:
88          (a) The sole provider within a county with a population
89    density of no greater than 100 persons per square mile;
90          (b) An acute care hospital, in a county with a population
91    density of no greater than 100 persons per square mile, which is
92    at least 30 minutes of travel time, on normally traveled roads
93    under normal traffic conditions, from another acute care
94    hospital within the same county;
95          (c) A hospital supported by a tax district or subdistrict
96    whose boundaries encompass a population of 100 persons or fewer
97    per square mile;
98          (d) A hospital with a service area that has a population
99    of 100 persons or fewer per square mile. As used in this
100    paragraph, the term "service area" means the fewest number of
101    zip codes that account for 75 percent of the hospital's
102    discharges for the most recent 5-year period, based on
103    information available from the hospital inpatient discharge
104    database in the State Center for Health Statistics at the Agency
105    for Health Care Administration; or
106          (e) A hospital designated as a Critical Access Hospital by
107    the Department of Health in accordance with federal regulations
108    and state requirements.
109         
110          Population densities used in this subsection must be based upon
111    the most recently completed United States census. A hospital
112    that received funds under s. 409.9116 for a quarter beginning no
113    later than July 1, 2002, is deemed to have been and shall
114    continue to be a rural hospital from that date through June 30,
115    2012, if the hospital continues to have 100 or fewer licensed
116    beds and an emergency room, or meets the criteria of s.
117    395.602(2)(e)4. An acute care hospital that has not previously
118    been designated as a rural hospital and that meets the criteria
119    of this subsection shall be granted such designation upon
120    application, including supporting documentation, to the Agency
121    for Health Care Administration.
122          Section 3. Section 395.6025, Florida Statutes, is created
123    to read:
124          395.6025 Rural hospital replacement facilities.--
125    Notwithstanding the provisions of s. 408.036, a hospital defined
126    as a statutory rural hospital in accordance with s. 395.602 is
127    not required to obtain a certificate of need for the
128    construction of a replacement facility, provided that the
129    replacement facility is located within 10 miles of the site of
130    the currently licensed rural hospital and within the current
131    primary service area. As used in this section, the term "service
132    area" means the fewest number of zip codes that account for 75
133    percent of the hospital's discharges for the most recent 5-year
134    period, based on information available from the hospital
135    inpatient discharge database in the State Center for Health
136    Statistics at the Agency for Health Care Administration.
137          Section 4. Section 395.6063, Florida Statutes, is created
138    to read:
139          395.6063 Rural hospital employee health insurance.--
140    Effective July 1, 2003, any statutory rural hospital may
141    contract with the Department of Management Services in order to
142    purchase coverage in the state group health insurance plan for
143    the hospital's employees and qualified family members at the
144    same premium cost as that for retirees and surviving spouses.
145    The hospital shall collect payroll deductions or other
146    remuneration from qualified employees as may be required for the
147    employee contribution in accordance with the department's
148    regulations. The hospital shall also make the employer
149    contributions required and pay an annual administrative fee of
150    not less than $2.61 per enrollee per month.
151          Section 5. This act shall take effect July 1, 2003.