Senate Bill sb0460er
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2003 Legislature CS for SB 460, 1st Engrossed
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2 An act relating to health care; amending s.
3 408.036, F.S.; providing an exemption from
4 certificate-of-need requirements for certain
5 open-heart-surgery programs; providing criteria
6 for qualifying for the exemption; requiring the
7 Agency for Health Care Administration to report
8 to the Legislature; providing an effective
9 date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (t) is added to subsection (3) of
14 section 408.036, Florida Statutes, to read:
15 408.036 Projects subject to review.--
16 (3) EXEMPTIONS.--Upon request, the following projects
17 are subject to exemption from the provisions of subsection
18 (1):
19 (t)1. For the provision of adult open-heart services
20 in a hospital located within the boundaries of Palm Beach,
21 Polk, Martin, St. Lucie, and Indian River Counties if the
22 following conditions are met: The exemption must be based upon
23 objective criteria and address and solve the twin problems of
24 geographic and temporal access. A hospital shall be exempt
25 from the certificate-of-need review for the establishment of
26 an open-heart-surgery program when the application for
27 exemption submitted under this paragraph complies with the
28 following criteria:
29 a. The applicant must certify that it will meet and
30 continuously maintain the minimum licensure requirements
31 adopted by the agency governing adult open-heart programs,
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2003 Legislature CS for SB 460, 1st Engrossed
1 including the most current guidelines of the American College
2 of Cardiology and American Heart Association Guidelines for
3 Adult Open Heart Programs.
4 b. The applicant must certify that it will maintain
5 sufficient appropriate equipment and health personnel to
6 ensure quality and safety.
7 c. The applicant must certify that it will maintain
8 appropriate times of operation and protocols to ensure
9 availability and appropriate referrals in the event of
10 emergencies.
11 d. The applicant can demonstrate that it is referring
12 300 or more patients per year from the hospital, including the
13 emergency room, for cardiac services at a hospital with
14 cardiac services, or that the average wait for transfer for 50
15 percent or more of the cardiac patients exceeds 4 hours.
16 e. The applicant is a general acute care hospital that
17 is in operation for 3 years or more.
18 f. The applicant is performing more than 300
19 diagnostic cardiac catheterization procedures per year,
20 combined inpatient and outpatient.
21 g. The applicant's payor mix at a minimum reflects the
22 community average for Medicaid, charity care, and self-pay
23 patients or the applicant must certify that it will provide a
24 minimum of 5 percent of Medicaid, charity care, and self-pay
25 to open-heart-surgery patients.
26 h. If the applicant fails to meet the established
27 criteria for open-heart programs or fails to reach 300
28 surgeries per year by the end of its third year of operation,
29 it must show cause why its exemption should not be revoked.
30 2. By December 31, 2004, and annually thereafter, the
31 Agency for Health Care Administration shall submit a report to
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2003 Legislature CS for SB 460, 1st Engrossed
1 the Legislature providing information concerning the number of
2 requests for exemption received under this paragraph and the
3 number of exemptions granted or denied.
4 Section 2. This act shall take effect upon becoming a
5 law.
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