Senate Bill sb2606c2

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    Florida Senate - 2004                    CS for CS for SB 2606

    By the Committees on Appropriations; Health, Aging, and
    Long-Term Care; and Senator Pruitt




    309-2348-04

  1                      A bill to be entitled

  2         An act relating to certificate of need;

  3         amending s. 395.003, F.S.; providing additional

  4         conditions for the licensure or relicensure of

  5         hospitals; exempting currently licensed

  6         hospitals; amending s. 408.032, F.S.;

  7         redefining terms relating to the Health

  8         Facility and Services Development Act; deleting

  9         the term "regional area"; amending s. 408.033,

10         F.S.; deleting provisions relating to regional

11         area health plans; transferring certain duties

12         from the Agency for Health Care Administration

13         to the Department of Health; deleting an agency

14         responsibility relating to orientation of local

15         health council members; deleting a requirement

16         that local health councils be partly funded by

17         application fees for certificates of need;

18         adding sources of funding for local health

19         councils; amending s. 408.034, F.S.; revising

20         criteria for certificate-of-need review and for

21         issuing licenses to health care facilities and

22         health service providers; revising criteria for

23         the nursing-home-bed-need methodology; amending

24         s. 408.035, F.S.; revising the criteria for

25         reviewing applications for certificate-of-need

26         determinations; amending s. 408.036, F.S.;

27         revising criteria for determining whether a

28         health-care-related project is subject to

29         review; providing that the replacement or

30         relocation of a nursing home is subject to

31         expedited review under specified conditions;

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 1         revising the criteria for determining whether a

 2         project is subject to exemption from review

 3         upon request; repealing the exemption for

 4         specified services; adding an optional

 5         exemption for neonatal intensive care units

 6         that meet certain requirements; providing

 7         exemptions for adding beds for comprehensive

 8         rehabilitation, for beds in state mental health

 9         treatment facilities, for beds in state mental

10         health treatment facilities and state mental

11         health forensic facilities, and for beds in

12         state developmental services institutions;

13         revising the criteria for optional exemption of

14         adult open-heart services; requiring the agency

15         to report annually to the Legislature specified

16         information concerning exemptions requested and

17         granted during the preceding calendar year;

18         adding an optional exemption for the provision

19         of percutaneous coronary intervention under

20         certain conditions; requiring health care

21         facilities and providers to provide to the

22         agency notice of the replacement of a health

23         care facility or a nursing home, in specified

24         circumstances, consolidation of nursing homes,

25         the termination of a health care service, and

26         the addition or delicensure of beds; amending

27         s. 408.0361, F.S., relating to compliance with

28         requirements imposed on diagnostic cardiac

29         catheterization services providers; revising

30         the scope of application, to include the

31         compliance required of cardiology services and

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 1         the licensure of burn units; requiring the

 2         Secretary of Health Care Administration to

 3         appoint an advisory group to study replacing

 4         certificate-of-need review of organ transplant

 5         programs with licensure regulation of organ

 6         transplant providers; requiring a report to the

 7         secretary and the Legislature; requiring the

 8         secretary to appoint a work group to study

 9         certificate-of-need regulation and changing

10         market conditions related to the supply and

11         distribution of hospital beds; requiring a

12         report to the secretary and the Legislature;

13         amending s. 408.038, F.S.; revising fees

14         assessed on certificate-of-need applications;

15         amending s. 408.039, F.S.; revising the review

16         process for certificates of need; requiring

17         shorter review cycles; deleting a requirement

18         to file a copy of the application with the

19         local health council; deleting a requirement to

20         consider the district health plan in reviewing

21         and taking action on the applications; amending

22         s. 408.040, F.S.; applying the conditions to

23         the issuance of a certificate of need to the

24         issuance of an exemption; providing that

25         certain failures to annually report compliance

26         with certain conditions to receiving a

27         certificate of need or an exemption constitute

28         noncompliance; repealing s. 408.043(5), F.S.,

29         relating to the authority of a sole acute care

30         hospital in a high growth county to add beds

31         without agency review; amending s. 408.0455,

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 1         F.S.; providing for the rules of the agency

 2         which are in effect on June 30, 2004, rather

 3         than those in effect on June 30, 1997, to

 4         remain in effect; providing an effective date.

 5  

 6         WHEREAS, appropriate access to adult cardiac care is an

 7  issue of critical state importance to all residents of the

 8  state and to all health service planning districts of the

 9  state, and

10         WHEREAS, the certificate-of-need process, for most

11  geographic areas in the state, has provided adequate access to

12  adult open-heart-surgery services to Floridians as well as

13  tourists, business travelers, indigents, and migrant workers

14  who receive such services, and

15         WHEREAS, the number of adult open-heart-surgery

16  programs in certain health service planning districts has not

17  kept pace with the dramatic increase in population in those

18  areas, and

19         WHEREAS, there have been numerous technological

20  advances in the area of primary angioplasty and stent

21  procedures known collectively as percutaneous coronary

22  interventions, and these advanced interventional treatments

23  provide the highest standard of care for people suffering

24  acute myocardial infarctions, and

25         WHEREAS, the success of these interventional treatments

26  requires immediate access (within 1 hour) to hospitals having

27  interventional technology and a backup open-heart-surgery

28  program, and

29         WHEREAS, hospitals that cannot perform percutaneous

30  coronary interventions must resort to the use of

31  thrombolytics, a less effective treatment in many instances,

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 1  and therefore adults in need of percutaneous coronary

 2  interventions are being denied these procedures due to lack of

 3  access, and

 4         WHEREAS, diagnosis; discharge from the transferring

 5  hospital; transfer arrangements, including, but not limited

 6  to, insurance and administrative approval; transportation

 7  availability; admission to the receiving hospital; staff

 8  availability at the receiving hospital; and, most importantly,

 9  bed availability at the receiving hospital as well as travel

10  delays to the receiving hospital contribute to the time taken

11  to effectuate a transfer of a cardiac patient, and

12         WHEREAS, the Legislature finds that timely access and

13  availability for every adult in this state, regardless of

14  socioeconomic class or geographic location, to these

15  interventional treatments and open-heart surgery is of

16  critical state concern, especially because myocardial

17  infarctions and related coronary disease are no respecters of

18  location or time, and

19         WHEREAS, to ensure that it provides the quality of care

20  desired, each hospital that qualifies for the exemption

21  provided by this act will be subject to more stringent

22  criteria and will also be subject to continual monitoring by

23  the Agency for Health Care Administration, and

24         WHEREAS, the Legislature intends to ensure that

25  standards of quality are maintained while promoting

26  competition in the provision of adult cardiac care, NOW,

27  THEREFORE,

28  

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

30  

31  

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 1         Section 1.  Subsections (9), (10), and (11) are added

 2  to section 395.003, Florida Statutes, to read:

 3         395.003  Licensure; issuance, renewal, denial,

 4  modification, suspension, and revocation.--

 5         (9)  A hospital may not be licensed or relicensed if:

 6         (a)  The diagnosis-related groups for 65 percent or

 7  more of the discharges from the hospital, in the most recent

 8  year for which data is available to the Agency for Health Care

 9  Administration pursuant to s. 408.061, are for diagnosis,

10  care, and treatment of patients who have:

11         1.  Cardiac-related diseases and disorders classified

12  as diagnosis-related groups 103-145, 478-479, 514-518, or

13  525-527;

14         2.  Orthopedic-related diseases and disorders

15  classified as diagnosis-related groups 209-256, 471, 491,

16  496-503, or 519-520;

17         3.  Cancer-related diseases and disorders classified as

18  diagnosis-related groups 64, 82, 172, 173, 199, 200, 203,

19  257-260, 274, 275, 303, 306, 307, 318, 319, 338, 344, 346,

20  347, 363, 366, 367, 400-414, 473, or 492; or

21         4.  Any combination of the above discharges.

22         (b)  The hospital restricts its medical and surgical

23  services to primarily or exclusively cardiac, orthopedic,

24  surgical, or oncology specialties.

25         (10)  A hospital licensed as of June 1, 2004, shall be

26  exempt from subsection (9) as long as the hospital maintains

27  the same ownership, facility street address, and range of

28  services that were in existence on June 1, 2004. Any transfer

29  of beds, or other agreements that result in the establishment

30  of a hospital or hospital services within the intent of this

31  section, shall be subject to subsection (9). Unless the

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 1  hospital is otherwise exempt under subsection (9), the agency

 2  shall deny or revoke the license of a hospital that violates

 3  any of the criteria set forth in that subsection.

 4         (11)  The agency may adopt rules implementing the

 5  licensure requirements set forth in subsection (9). Within 14

 6  days after rendering its decision on a license application or

 7  revocation, the agency shall publish its proposed decision in

 8  the Florida Administrative Weekly. Within 21 days after

 9  publication of the agency's decision, any authorized person

10  may file a request for an administrative hearing. In

11  administrative proceedings challenging the approval, denial,

12  or revocation of a license pursuant to subsection (9), the

13  hearing must be based on the facts and law existing at the

14  time of the agency's proposed agency action. Existing

15  hospitals may initiate or intervene in an administrative

16  hearing to approve, deny, or revoke licensure under subsection

17  (9) based upon a showing that an established program will be

18  substantially affected by the issuance or renewal of a license

19  to a hospital within the same district or service area.

20         Section 2.  Subsections (9), (13), and (17) of section

21  408.032, Florida Statutes, are amended, and subsection (18) of

22  that section is repealed, to read:

23         408.032  Definitions relating to Health Facility and

24  Services Development Act.--As used in ss. 408.031-408.045, the

25  term:

26         (9)  "Health services" means inpatient diagnostic,

27  curative, or comprehensive medical rehabilitative services and

28  includes mental health services. Obstetric services are not

29  health services for purposes of ss. 408.031-408.045.

30         (13)  "Long-term care hospital" means a hospital

31  licensed under chapter 395 which meets the requirements of 42

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 1  C.F.R. s. 412.23(e) and seeks exclusion from the acute care

 2  Medicare prospective payment system for inpatient hospital

 3  services.

 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, pediatric cardiac catheterization, pediatric

11  open-heart surgery, organ transplantation, specialty burn

12  units, neonatal intensive care units, comprehensive

13  rehabilitation, and medical or surgical services which are

14  experimental or developmental in nature to the extent that the

15  provision of such services is not yet contemplated within the

16  commonly accepted course of diagnosis or treatment for the

17  condition addressed by a given service.  The agency shall

18  establish by rule a list of all tertiary health services.

19         (18)  "Regional area" means any of those regional

20  health planning areas established by the agency to which local

21  and district health planning funds are directed to local

22  health councils through the General Appropriations Act.

23         Section 3.  Section 408.033, Florida Statutes, is

24  amended to read:

25         408.033  Local and state health planning.--

26         (1)  LOCAL HEALTH COUNCILS.--

27         (a)  Local health councils are hereby established as

28  public or private nonprofit agencies serving the counties of a

29  district or regional area of the agency. The members of each

30  council shall be appointed in an equitable manner by the

31  county commissions having jurisdiction in the respective

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 1  district. Each council shall be composed of a number of

 2  persons equal to 1 1/2  times the number of counties which

 3  compose the district or 12 members, whichever is greater. Each

 4  county in a district shall be entitled to at least one member

 5  on the council. The balance of the membership of the council

 6  shall be allocated among the counties of the district on the

 7  basis of population rounded to the nearest whole number;

 8  except that in a district composed of only two counties, no

 9  county shall have fewer than four members. The appointees

10  shall be representatives of health care providers, health care

11  purchasers, and nongovernmental health care consumers, but not

12  excluding elected government officials. The members of the

13  consumer group shall include a representative number of

14  persons over 60 years of age. A majority of council members

15  shall consist of health care purchasers and health care

16  consumers.  The local health council shall provide each county

17  commission a schedule for appointing council members to ensure

18  that council membership complies with the requirements of this

19  paragraph.  The members of the local health council shall

20  elect a chair. Members shall serve for terms of 2 years and

21  may be eligible for reappointment.

22         (b)  Each local health council may:

23         1.  Develop a district or regional area health plan

24  that permits each local health council to develop strategies

25  and set priorities for implementation based on its unique

26  local health needs. The district or regional area health plan

27  must contain preferences for the development of health

28  services and facilities, which may be considered by the agency

29  in its review of certificate-of-need applications.  The

30  district health plan shall be submitted to the agency and

31  updated periodically. The district health plans shall use a

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 1  uniform format and be submitted to the agency according to a

 2  schedule developed by the agency in conjunction with the local

 3  health councils. The schedule must provide for the development

 4  of district health plans by major sections over a multiyear

 5  period.  The elements of a district plan which are necessary

 6  to the review of certificate-of-need applications for proposed

 7  projects within the district may be adopted by the agency as a

 8  part of its rules.

 9         2.  Advise the agency on health care issues and

10  resource allocations.

11         3.  Promote public awareness of community health needs,

12  emphasizing health promotion and cost-effective health service

13  selection.

14         4.  Collect data and conduct analyses and studies

15  related to health care needs of the district, including the

16  needs of medically indigent persons, and assist the agency and

17  other state agencies in carrying out data collection

18  activities that relate to the functions in this subsection.

19         5.  Monitor the onsite construction progress, if any,

20  of certificate-of-need approved projects and report council

21  findings to the agency on forms provided by the agency.

22         6.  Advise and assist any regional planning councils

23  within each district that have elected to address health

24  issues in their strategic regional policy plans with the

25  development of the health element of the plans to address the

26  health goals and policies in the State Comprehensive Plan.

27         7.  Advise and assist local governments within each

28  district on the development of an optional health plan element

29  of the comprehensive plan provided in chapter 163, to assure

30  compatibility with the health goals and policies in the State

31  Comprehensive Plan and district health plan.  To facilitate

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 1  the implementation of this section, the local health council

 2  shall annually provide the local governments in its service

 3  area, upon request, with:

 4         a.  A copy and appropriate updates of the district

 5  health plan;

 6         b.  A report of hospital and nursing home utilization

 7  statistics for facilities within the local government

 8  jurisdiction; and

 9         c.  Applicable agency rules and calculated need

10  methodologies for health facilities and services regulated

11  under s. 408.034 for the district served by the local health

12  council.

13         8.  Monitor and evaluate the adequacy, appropriateness,

14  and effectiveness, within the district, of local, state,

15  federal, and private funds distributed to meet the needs of

16  the medically indigent and other underserved population

17  groups.

18         9.  In conjunction with the Department of Health Agency

19  for Health Care Administration, plan for services at the local

20  level for persons infected with the human immunodeficiency

21  virus.

22         10.  Provide technical assistance to encourage and

23  support activities by providers, purchasers, consumers, and

24  local, regional, and state agencies in meeting the health care

25  goals, objectives, and policies adopted by the local health

26  council.

27         11.  Provide the agency with data required by rule for

28  the review of certificate-of-need applications and the

29  projection of need for health services and facilities in the

30  district.

31  

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 1         (c)  Local health councils may conduct public hearings

 2  pursuant to s. 408.039(3)(b).

 3         (d)  Each local health council shall enter into a

 4  memorandum of agreement with each regional planning council in

 5  its district that elects to address health issues in its

 6  strategic regional policy plan.  In addition, each local

 7  health council shall enter into a memorandum of agreement with

 8  each local government that includes an optional health element

 9  in its comprehensive plan. Each memorandum of agreement must

10  specify the manner in which each local government, regional

11  planning council, and local health council will coordinate its

12  activities to ensure a unified approach to health planning and

13  implementation efforts.

14         (e)  Local health councils may employ personnel or

15  contract for staffing services with persons who possess

16  appropriate qualifications to carry out the councils'

17  purposes.  However, such personnel are not state employees.

18         (f)  Personnel of the local health councils shall

19  provide an annual orientation to council members about council

20  member responsibilities. The orientation shall include

21  presentations and participation by agency staff.

22         (g)  Each local health council is authorized to accept

23  and receive, in furtherance of its health planning functions,

24  funds, grants, and services from governmental agencies and

25  from private or civic sources and to perform studies related

26  to local health planning in exchange for such funds, grants,

27  or services. Each local health council shall, no later than

28  January 30 of each year, render an accounting of the receipt

29  and disbursement of such funds received by it to the

30  Department of Health agency.  The department agency shall

31  consolidate all such reports and submit such consolidated

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 1  report to the Legislature no later than March 1 of each year.

 2  Funds received by a local health council pursuant to this

 3  paragraph shall not be deemed to be a substitute for, or an

 4  offset against, any funding provided pursuant to subsection

 5  (2).

 6         (2)  FUNDING.--

 7         (a)  The Legislature intends that the cost of local

 8  health councils be borne by application fees for certificates

 9  of need and by assessments on selected health care facilities

10  subject to facility licensure by the Agency for Health Care

11  Administration, including abortion clinics, assisted living

12  facilities, ambulatory surgical centers, birthing centers,

13  clinical laboratories except community nonprofit blood banks

14  and clinical laboratories operated by practitioners for

15  exclusive use regulated under s. 483.035, home health

16  agencies, hospices, hospitals, intermediate care facilities

17  for the developmentally disabled, nursing homes, health care

18  clinics, and multiphasic testing centers and by assessments on

19  organizations subject to certification by the agency pursuant

20  to chapter 641, part III, including health maintenance

21  organizations and prepaid health clinics.

22         (b)1.  A hospital licensed under chapter 395, a nursing

23  home licensed under chapter 400, and an assisted living

24  facility licensed under chapter 400 shall be assessed an

25  annual fee based on number of beds.

26         2.  All other facilities and organizations listed in

27  paragraph (a) shall each be assessed an annual fee of $150.

28         3.  Facilities operated by the Department of Children

29  and Family Services, the Department of Health, or the

30  Department of Corrections and any hospital which meets the

31  

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 1  definition of rural hospital pursuant to s. 395.602 are exempt

 2  from the assessment required in this subsection.

 3         (c)1.  The agency shall, by rule, establish fees for

 4  hospitals and nursing homes based on an assessment of $2 per

 5  bed. However, no such facility shall be assessed more than a

 6  total of $500 under this subsection.

 7         2.  The agency shall, by rule, establish fees for

 8  assisted living facilities based on an assessment of $1 per

 9  bed. However, no such facility shall be assessed more than a

10  total of $150 under this subsection.

11         3.  The agency shall, by rule, establish an annual fee

12  of $150 for all other facilities and organizations listed in

13  paragraph (a).

14         (d)  The agency shall, by rule, establish a facility

15  billing and collection process for the billing and collection

16  of the health facility fees authorized by this subsection.

17         (e)  A health facility which is assessed a fee under

18  this subsection is subject to a fine of $100 per day for each

19  day in which the facility is late in submitting its annual fee

20  up to maximum of the annual fee owed by the facility.  A

21  facility which refuses to pay the fee or fine is subject to

22  the forfeiture of its license.

23         (f)  The agency shall deposit in the Health Care Trust

24  Fund all health care facility assessments that are assessed

25  under this subsection and proceeds from the

26  certificate-of-need application fees. The agency shall

27  transfer such funds to the Department of Health for an amount

28  sufficient to maintain the aggregate funding of level for the

29  local health councils as specified in the General

30  Appropriations Act. The remaining certificate-of-need

31  application fees shall be used only for the purpose of

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 1  administering the certificate-of-need program Health Facility

 2  and Services Development Act.

 3         (3)  DUTIES AND RESPONSIBILITIES OF THE AGENCY.--

 4         (a)  The agency, in conjunction with the local health

 5  councils, is responsible for the coordinated planning of

 6  health care services in the state.

 7         (b)  The agency shall develop and maintain a

 8  comprehensive health care database for the purpose of health

 9  planning and for certificate-of-need determinations.  The

10  agency or its contractor is authorized to require the

11  submission of information from health facilities, health

12  service providers, and licensed health professionals which is

13  determined by the agency, through rule, to be necessary for

14  meeting the agency's responsibilities as established in this

15  section.

16         (c)  The agency shall assist personnel of the local

17  health councils in providing an annual orientation to council

18  members about council member responsibilities.

19         (c)(d)  The Department of Health agency shall contract

20  with the local health councils for the services specified in

21  subsection (1). All contract funds shall be distributed

22  according to an allocation plan developed by the department

23  agency that provides for a minimum and equal funding base for

24  each local health council.  Any remaining funds shall be

25  distributed based on adjustments for workload.  The agency may

26  also make grants to or reimburse local health councils from

27  federal funds provided to the state for activities related to

28  those functions set forth in this section. The department

29  agency may withhold funds from a local health council or

30  cancel its contract with a local health council which does not

31  

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 1  meet performance standards agreed upon by the department

 2  agency and local health councils.

 3         Section 4.  Subsections (1), (2), and (5) of section

 4  408.034, Florida Statutes, are amended to read:

 5         408.034  Duties and responsibilities of agency;

 6  rules.--

 7         (1)  The agency is designated as the single state

 8  agency to issue, revoke, or deny certificates of need and to

 9  issue, revoke, or deny exemptions from certificate-of-need

10  review in accordance with the district plans and present and

11  future federal and state statutes.  The agency is designated

12  as the state health planning agency for purposes of federal

13  law.

14         (2)  In the exercise of its authority to issue licenses

15  to health care facilities and health service providers, as

16  provided under chapters 393, 395, and parts II and VI of

17  chapter 400, the agency may not issue a license to any health

18  care facility or, health service provider that, hospice, or

19  part of a health care facility which fails to receive a

20  certificate of need or an exemption for the licensed facility

21  or service.

22         (5)  The agency shall establish by rule a

23  nursing-home-bed-need methodology that has a goal of

24  maintaining a subdistrict average occupancy rate of 94 percent

25  and that reduces the community nursing home bed need for the

26  areas of the state where the agency establishes pilot

27  community diversion programs through the Title XIX aging

28  waiver program.

29         Section 5.  Section 408.035, Florida Statutes, is

30  amended to read:

31  

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 1         408.035  Review criteria.--The agency shall determine

 2  the reviewability of applications and shall review

 3  applications for certificate-of-need determinations for health

 4  care facilities and health services in context with the

 5  following criteria:

 6         (1)  The need for the health care facilities and health

 7  services being proposed in relation to the applicable district

 8  health plan.

 9         (2)  The availability, quality of care, accessibility,

10  and extent of utilization of existing health care facilities

11  and health services in the service district of the applicant.

12         (3)  The ability of the applicant to provide quality of

13  care and the applicant's record of providing quality of care.

14         (4)  The need in the service district of the applicant

15  for special health care services that are not reasonably and

16  economically accessible in adjoining areas.

17         (5)  The needs of research and educational facilities,

18  including, but not limited to, facilities with institutional

19  training programs and community training programs for health

20  care practitioners and for doctors of osteopathic medicine and

21  medicine at the student, internship, and residency training

22  levels.

23         (4)(6)  The availability of resources, including health

24  personnel, management personnel, and funds for capital and

25  operating expenditures, for project accomplishment and

26  operation.

27         (5)(7)  The extent to which the proposed services will

28  enhance access to health care for residents of the service

29  district.

30         (6)(8)  The immediate and long-term financial

31  feasibility of the proposal.

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 1         (7)(9)  The extent to which the proposal will foster

 2  competition that promotes quality and cost-effectiveness.

 3         (8)(10)  The costs and methods of the proposed

 4  construction, including the costs and methods of energy

 5  provision and the availability of alternative, less costly, or

 6  more effective methods of construction.

 7         (9)(11)  The applicant's past and proposed provision of

 8  health care services to Medicaid patients and the medically

 9  indigent.

10         (10)(12)  The applicant's designation as a Gold Seal

11  Program nursing facility pursuant to s. 400.235, when the

12  applicant is requesting additional nursing home beds at that

13  facility.

14         Section 6.  Section 408.036, Florida Statutes, is

15  amended to read:

16         408.036  Projects subject to review; exemptions.--

17         (1)  APPLICABILITY.--Unless exempt under subsection

18  (3), all health-care-related projects, as described in

19  paragraphs (a)-(e) (a)-(h), are subject to review and must

20  file an application for a certificate of need with the agency.

21  The agency is exclusively responsible for determining whether

22  a health-care-related project is subject to review under ss.

23  408.031-408.045.

24         (a)  The addition of beds in community nursing homes or

25  intermediate care facilities for the developmentally disabled

26  by new construction or alteration.

27         (b)  The new construction or establishment of

28  additional health care facilities, including a replacement

29  health care facility when the proposed project site is not

30  located on the same site as or within 1 mile of the existing

31  

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 1  health care facility, if the number of beds in each licensed

 2  bed category will not increase.

 3         (c)  The conversion from one type of health care

 4  facility to another, including the conversion from a general

 5  hospital, a specialty hospital, or a long-term care hospital.

 6         (d)  An increase in the total licensed bed capacity of

 7  a health care facility.

 8         (d)(e)  The establishment of a hospice or hospice

 9  inpatient facility, except as provided in s. 408.043.

10         (f)  The establishment of inpatient health services by

11  a health care facility, or a substantial change in such

12  services.

13         (e)(g)  An increase in the number of beds for acute

14  care, nursing home care beds, specialty burn units, neonatal

15  intensive care units, comprehensive rehabilitation, mental

16  health services, or hospital-based distinct part skilled

17  nursing units, or at a long-term care hospital.

18         (f)(h)  The establishment of tertiary health services,

19  including inpatient comprehensive rehabilitation services.

20         (g)  An increase in the number of beds for acute care

21  in a hospital that is located in a low-growth county. A

22  low-growth county is defined as a county that has:

23         1.  A hospital with an occupancy rate for licensed

24  acute care which has been below 60 percent for the previous 5

25  years;

26         2.  Experienced a growth rate of 4 percent or less for

27  the most recent 3-year period for which data are available, as

28  determined using the population statistics published in the

29  most recent edition of the Florida Statistical Abstract; and

30  

31  

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 1         3.  A hospital that has combined gross revenues from

 2  Medicaid and charity patients which exceed $60 million per

 3  year for the previous 2 years.

 4  

 5  A hospital in a county that does not meet this definition is

 6  subject to the exemption in subsection (3).

 7         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

 8  exempt pursuant to subsection (3), projects subject to an

 9  expedited review shall include, but not be limited to:

10         (a)  Research, education, and training programs.

11         (b)  Shared services contracts or projects.

12         (a)(c)  A transfer of a certificate of need, except

13  that when an existing hospital is acquired by a purchaser, all

14  certificates of need issued to the hospital which are not yet

15  operational shall be acquired by the purchaser, without need

16  for a transfer.

17         (b)  Replacement of a nursing home within the same

18  district, if the proposed project site is located within a

19  geographic area that contains at least 65 percent of the

20  facility's current residents and is within a 30-mile radius of

21  the replaced nursing home.

22         (c)  Relocation of a portion of a nursing home's

23  licensed beds to a facility within the same district, if the

24  relocation is within a 30-mile radius of the existing facility

25  and the total number of nursing home beds in the district does

26  not increase.

27         (d)  A 50-percent increase in nursing home beds for a

28  facility incorporated and operating in this state for at least

29  60 years on or before July 1, 1988, which has a licensed

30  nursing home facility located on a campus providing a variety

31  of residential settings and supportive services.  The

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 1  increased nursing home beds shall be for the exclusive use of

 2  the campus residents.  Any application on behalf of an

 3  applicant meeting this requirement shall be subject to the

 4  base fee of $5,000 provided in s. 408.038.

 5         (e)  Replacement of a health care facility when the

 6  proposed project site is located in the same district and

 7  within a 1-mile radius of the replaced health care facility.

 8         (f)  The conversion of mental health services beds

 9  licensed under chapter 395 or hospital-based distinct part

10  skilled nursing unit beds to general acute care beds; the

11  conversion of mental health services beds between or among the

12  licensed bed categories defined as beds for mental health

13  services; or the conversion of general acute care beds to beds

14  for mental health services.

15         1.  Conversion under this paragraph shall not establish

16  a new licensed bed category at the hospital but shall apply

17  only to categories of beds licensed at that hospital.

18         2.  Beds converted under this paragraph must be

19  licensed and operational for at least 12 months before the

20  hospital may apply for additional conversion affecting beds of

21  the same type.

22  

23  The agency shall develop rules to implement the provisions for

24  expedited review, including time schedule, application content

25  which may be reduced from the full requirements of s.

26  408.037(1), and application processing.

27         (3)  EXEMPTIONS.--Upon request, the following projects

28  are subject to exemption from the provisions of subsection

29  (1):

30  

31  

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 1         (a)  For replacement of a licensed health care facility

 2  on the same site, provided that the number of beds in each

 3  licensed bed category will not increase.

 4         (a)(b)  For hospice services or for swing beds in a

 5  rural hospital, as defined in s. 395.602, in a number that

 6  does not exceed one-half of its licensed beds.

 7         (b)(c)  For the conversion of licensed acute care

 8  hospital beds to Medicare and Medicaid certified skilled

 9  nursing beds in a rural hospital, as defined in s. 395.602, so

10  long as the conversion of the beds does not involve the

11  construction of new facilities. The total number of skilled

12  nursing beds, including swing beds, may not exceed one-half of

13  the total number of licensed beds in the rural hospital as of

14  July 1, 1993. Certified skilled nursing beds designated under

15  this paragraph, excluding swing beds, shall be included in the

16  community nursing home bed inventory.  A rural hospital that

17  which subsequently decertifies any acute care beds exempted

18  under this paragraph shall notify the agency of the

19  decertification, and the agency shall adjust the community

20  nursing home bed inventory accordingly.

21         (c)(d)  For the addition of nursing home beds at a

22  skilled nursing facility that is part of a retirement

23  community that provides a variety of residential settings and

24  supportive services and that has been incorporated and

25  operated in this state for at least 65 years on or before July

26  1, 1994. All nursing home beds must not be available to the

27  public but must be for the exclusive use of the community

28  residents.

29         (e)  For an increase in the bed capacity of a nursing

30  facility licensed for at least 50 beds as of January 1, 1994,

31  under part II of chapter 400 which is not part of a continuing

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 1  care facility if, after the increase, the total licensed bed

 2  capacity of that facility is not more than 60 beds and if the

 3  facility has been continuously licensed since 1950 and has

 4  received a superior rating on each of its two most recent

 5  licensure surveys.

 6         (d)(f)  For an inmate health care facility built by or

 7  for the exclusive use of the Department of Corrections as

 8  provided in chapter 945. This exemption expires when such

 9  facility is converted to other uses.

10         (g)  For the termination of an inpatient health care

11  service, upon 30 days' written notice to the agency.

12         (h)  For the delicensure of beds, upon 30 days' written

13  notice to the agency. A request for exemption submitted under

14  this paragraph must identify the number, the category of beds,

15  and the name of the facility in which the beds to be

16  delicensed are located.

17         (i)  For the provision of adult inpatient diagnostic

18  cardiac catheterization services in a hospital.

19         1.  In addition to any other documentation otherwise

20  required by the agency, a request for an exemption submitted

21  under this paragraph must comply with the following criteria:

22         a.  The applicant must certify it will not provide

23  therapeutic cardiac catheterization pursuant to the grant of

24  the exemption.

25         b.  The applicant must certify it will meet and

26  continuously maintain the minimum licensure requirements

27  adopted by the agency governing such programs pursuant to

28  subparagraph 2.

29         c.  The applicant must certify it will provide a

30  minimum of 2 percent of its services to charity and Medicaid

31  patients.

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 1         2.  The agency shall adopt licensure requirements by

 2  rule which govern the operation of adult inpatient diagnostic

 3  cardiac catheterization programs established pursuant to the

 4  exemption provided in this paragraph. The rules shall ensure

 5  that such programs:

 6         a.  Perform only adult inpatient diagnostic cardiac

 7  catheterization services authorized by the exemption and will

 8  not provide therapeutic cardiac catheterization or any other

 9  services not authorized by the exemption.

10         b.  Maintain sufficient appropriate equipment and

11  health personnel to ensure quality and safety.

12         c.  Maintain appropriate times of operation and

13  protocols to ensure availability and appropriate referrals in

14  the event of emergencies.

15         d.  Maintain appropriate program volumes to ensure

16  quality and safety.

17         e.  Provide a minimum of 2 percent of its services to

18  charity and Medicaid patients each year.

19         3.a.  The exemption provided by this paragraph shall

20  not apply unless the agency determines that the program is in

21  compliance with the requirements of subparagraph 1. and that

22  the program will, after beginning operation, continuously

23  comply with the rules adopted pursuant to subparagraph 2.  The

24  agency shall monitor such programs to ensure compliance with

25  the requirements of subparagraph 2.

26         b.(I)  The exemption for a program shall expire

27  immediately when the program fails to comply with the rules

28  adopted pursuant to sub-subparagraphs 2.a., b., and c.

29         (II)  Beginning 18 months after a program first begins

30  treating patients, the exemption for a program shall expire

31  

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 1  when the program fails to comply with the rules adopted

 2  pursuant to sub-subparagraphs 2.d. and e.

 3         (III)  If the exemption for a program expires pursuant

 4  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

 5  agency shall not grant an exemption pursuant to this paragraph

 6  for an adult inpatient diagnostic cardiac catheterization

 7  program located at the same hospital until 2 years following

 8  the date of the determination by the agency that the program

 9  failed to comply with the rules adopted pursuant to

10  subparagraph 2.

11         (e)(j)  For mobile surgical facilities and related

12  health care services provided under contract with the

13  Department of Corrections or a private correctional facility

14  operating pursuant to chapter 957.

15         (f)(k)  For state veterans' nursing homes operated by

16  or on behalf of the Florida Department of Veterans' Affairs in

17  accordance with part II of chapter 296 for which at least 50

18  percent of the construction cost is federally funded and for

19  which the Federal Government pays a per diem rate not to

20  exceed one-half of the cost of the veterans' care in such

21  state nursing homes. These beds shall not be included in the

22  nursing home bed inventory.

23         (g)(l)  For combination within one nursing home

24  facility of the beds or services authorized by two or more

25  certificates of need issued in the same planning subdistrict.

26  An exemption granted under this paragraph shall extend the

27  validity period of the certificates of need to be consolidated

28  by the length of the period beginning upon submission of the

29  exemption request and ending with issuance of the exemption.

30  The longest validity period among the certificates shall be

31  applicable to each of the combined certificates.

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 1         (h)(m)  For division into two or more nursing home

 2  facilities of beds or services authorized by one certificate

 3  of need issued in the same planning subdistrict.  An exemption

 4  granted under this paragraph shall extend the validity period

 5  of the certificate of need to be divided by the length of the

 6  period beginning upon submission of the exemption request and

 7  ending with issuance of the exemption.

 8         (i)(n)  For the addition of hospital beds licensed

 9  under chapter 395 for comprehensive rehabilitation acute care,

10  mental health services, or a hospital-based distinct part

11  skilled nursing unit in a number that may not exceed 10 total

12  beds or 10 percent of the licensed capacity of the bed

13  category being expanded, whichever is greater. Beds for

14  specialty burn units, neonatal intensive care units, or

15  comprehensive rehabilitation, or at a long-term care hospital,

16  may not be increased under this paragraph.

17         1.  In addition to any other documentation otherwise

18  required by the agency, a request for exemption submitted

19  under this paragraph must:

20         a.  Certify that the prior 12-month average occupancy

21  rate for the category of licensed beds being expanded at the

22  facility meets or exceeds 80 percent or, for a hospital-based

23  distinct part skilled nursing unit, the prior 12-month average

24  occupancy rate meets or exceeds 96 percent.

25         b.  Certify that the any beds of the same type

26  authorized for the facility under this paragraph before the

27  date of the current request for an exemption have been

28  licensed and operational for at least 12 months.

29         2.  The timeframes and monitoring process specified in

30  s. 408.040(2)(a)-(c) apply to any exemption issued under this

31  paragraph.

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 1         3.  The agency shall count beds authorized under this

 2  paragraph as approved beds in the published inventory of

 3  hospital beds until the beds are licensed.

 4         (o)  For the addition of acute care beds, as authorized

 5  by rule consistent with s. 395.003(4), in a number that may

 6  not exceed 10 total beds or 10 percent of licensed bed

 7  capacity, whichever is greater, for temporary beds in a

 8  hospital that has experienced high seasonal occupancy within

 9  the prior 12-month period or in a hospital that must respond

10  to emergency circumstances.

11         (j)(p)  For the addition of nursing home beds licensed

12  under chapter 400 in a number not exceeding 10 total beds or

13  10 percent of the number of beds licensed in the facility

14  being expanded, whichever is greater; or, for the addition of

15  nursing home beds licensed under chapter 400 at a facility

16  that has been designated as a Gold Seal nursing home under s.

17  400.235 in a number not exceeding 20 total beds or 10 percent

18  of the number of licensed beds in the facility being expanded,

19  whichever is greater.

20         1.  In addition to any other documentation required by

21  the agency, a request for exemption submitted under this

22  paragraph must:

23         a.  Effective until June 30, 2001, Certify that the

24  facility has not had any class I or class II deficiencies

25  within the 30 months preceding the request for addition.

26         b.  Effective on July 1, 2001, certify that the

27  facility has been designated as a Gold Seal nursing home under

28  s. 400.235.

29         b.c.  Certify that the prior 12-month average occupancy

30  rate for the nursing home beds at the facility meets or

31  exceeds 96 percent.

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 1         c.d.  Certify that any beds authorized for the facility

 2  under this paragraph before the date of the current request

 3  for an exemption have been licensed and operational for at

 4  least 12 months.

 5         2.  The timeframes and monitoring process specified in

 6  s. 408.040(2)(a)-(c) apply to any exemption issued under this

 7  paragraph.

 8         3.  The agency shall count beds authorized under this

 9  paragraph as approved beds in the published inventory of

10  nursing home beds until the beds are licensed.

11         (k)  For the establishment of:

12         1.  A Level II neonatal intensive care unit with at

13  least 10 beds, upon documentation to the agency that the

14  applicant hospital had a minimum of 1,500 births during the

15  previous 12 months; or

16         2.  A Level III neonatal intensive care unit with at

17  least 15 beds, upon documentation to the agency that the

18  applicant hospital has a Level II neonatal intensive care unit

19  of at least 10 beds and had a minimum of 3,500 births during

20  the previous 12 months,

21  

22  if the applicant demonstrates that it meets the requirements

23  for quality of care, nurse staffing, physician staffing,

24  physical plant, equipment, emergency transportation, and data

25  reporting found in agency certificate-of-need rules for Level

26  II and Level III neonatal intensive care units and if the

27  applicant commits to the provision of services to Medicaid and

28  charity patients at a level equal to or greater than the

29  district average. Such a commitment is subject to s. 408.040.

30         (q)  For establishment of a specialty hospital offering

31  a range of medical service restricted to a defined age or

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 1  gender group of the population or a restricted range of

 2  services appropriate to the diagnosis, care, and treatment of

 3  patients with specific categories of medical illnesses or

 4  disorders, through the transfer of beds and services from an

 5  existing hospital in the same county.

 6         (r)  For the conversion of hospital-based Medicare and

 7  Medicaid certified skilled nursing beds to acute care beds, if

 8  the conversion does not involve the construction of new

 9  facilities.

10         (s)1.  For an adult open-heart-surgery program to be

11  located in a new hospital provided the new hospital is being

12  established in the location of an existing hospital with an

13  adult open-heart-surgery program, the existing hospital and

14  the existing adult open-heart-surgery program are being

15  relocated to a replacement hospital, and the replacement

16  hospital will utilize a closed-staff model. A hospital is

17  exempt from the certificate-of-need review for the

18  establishment of an open-heart-surgery program if the

19  application for exemption submitted under this paragraph

20  complies with the following criteria:

21         a.  The applicant must certify that it will meet and

22  continuously maintain the minimum Florida Administrative Code

23  and any future licensure requirements governing adult

24  open-heart programs adopted by the agency, including the most

25  current guidelines of the American College of Cardiology and

26  American Heart Association Guidelines for Adult Open Heart

27  Programs.

28         b.  The applicant must certify that it will maintain

29  sufficient appropriate equipment and health personnel to

30  ensure quality and safety.

31  

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 1         c.  The applicant must certify that it will maintain

 2  appropriate times of operation and protocols to ensure

 3  availability and appropriate referrals in the event of

 4  emergencies.

 5         d.  The applicant is a newly licensed hospital in a

 6  physical location previously owned and licensed to a hospital

 7  performing more than 300 open-heart procedures each year,

 8  including heart transplants.

 9         e.  The applicant must certify that it can perform more

10  than 300 diagnostic cardiac catheterization procedures per

11  year, combined inpatient and outpatient, by the end of the

12  third year of its operation.

13         f.  The applicant's payor mix at a minimum reflects the

14  community average for Medicaid, charity care, and self-pay

15  patients or the applicant must certify that it will provide a

16  minimum of 5 percent of Medicaid, charity care, and self-pay

17  to open-heart-surgery patients.

18         g.  If the applicant fails to meet the established

19  criteria for open-heart programs or fails to reach 300

20  surgeries per year by the end of its third year of operation,

21  it must show cause why its exemption should not be revoked.

22         h.  In order to ensure continuity of available

23  services, the applicant of the newly licensed hospital may

24  apply for this certificate-of-need before taking possession of

25  the physical facilities. The effective date of the

26  certificate-of-need will be concurrent with the effective date

27  of the newly issued hospital license.

28         2.  By December 31, 2004, and annually thereafter, the

29  agency shall submit a report to the Legislature providing

30  information concerning the number of requests for exemption

31  

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 1  received under this paragraph and the number of exemptions

 2  granted or denied.

 3         3.  This paragraph is repealed effective January 1,

 4  2008.

 5         (l)(t)1.  For the provision of adult open-heart

 6  services in a hospital located within the boundaries of a

 7  health service planning district, as defined in s. 408.032(5),

 8  which has experienced an annual net out-migration of at least

 9  600 open-heart-surgery cases for 3 consecutive years according

10  to the most recent data reported to the agency, and the

11  district's population per licensed and operational open-heart

12  programs exceeds the state average of population per licensed

13  and operational open-heart programs by at least 25 percent

14  Palm Beach, Polk, Martin, St. Lucie, and Indian River Counties

15  if the following conditions are met: The exemption must be

16  based upon objective criteria and address and solve the twin

17  problems of geographic and temporal access. All hospitals

18  within a health service planning district which meet the

19  criteria reference in sub-subparagraphs 2.a.-h. shall be

20  eligible for this exemption on July 1, 2004, and shall receive

21  the exemption upon filing for it and subject to the following:

22         a.  A hospital that has received a notice of intent to

23  grant a certificate of need or a final order of the agency

24  granting a certificate of need for the establishment of an

25  open-heart-surgery program is entitled to receive a letter of

26  exemption for the establishment of an adult open-heart-surgery

27  program upon filing a request for exemption and complying with

28  the criteria enumerated in sub-subparagraphs 2.a.-h., and is

29  entitled to immediately commence operation of the program.

30         b.  An otherwise eligible hospital that has not

31  received a notice of intent to grant a certificate of need or

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 1  a final order of the agency granting a certificate of need for

 2  the establishment of an open-heart-surgery program is entitled

 3  to immediately receive a letter of exemption for the

 4  establishment of an adult open-heart-surgery program upon

 5  filing a request for exemption and complying with the criteria

 6  enumerated in sub-subparagraphs 2.a.-h., but is not entitled

 7  to commence operation of its program until December 31, 2006.

 8         2.  A hospital shall be exempt from the

 9  certificate-of-need review for the establishment of an

10  open-heart-surgery program when the application for exemption

11  submitted under this paragraph complies with the following

12  criteria:

13         a.  The applicant must certify that it will meet and

14  continuously maintain the minimum licensure requirements

15  adopted by the agency governing adult open-heart programs,

16  including the most current guidelines of the American College

17  of Cardiology and American Heart Association Guidelines for

18  Adult Open Heart Programs.

19         b.  The applicant must certify that it will maintain

20  sufficient appropriate equipment and health personnel to

21  ensure quality and safety.

22         c.  The applicant must certify that it will maintain

23  appropriate times of operation and protocols to ensure

24  availability and appropriate referrals in the event of

25  emergencies.

26         d.  The applicant can demonstrate that it has

27  discharged at least 300 inpatients with a principal diagnosis

28  of ischemic heart disease for the most recent 12-month period

29  as reported to the agency is referring 300 or more patients

30  per year from the hospital, including the emergency room, for

31  cardiac services at a hospital with cardiac services, or that

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 1  the average wait for transfer for 50 percent or more of the

 2  cardiac patients exceeds 4 hours.

 3         e.  The applicant is a general acute care hospital that

 4  is in operation for 3 years or more.

 5         f.  The applicant is performing more than 300

 6  diagnostic cardiac catheterization procedures per year,

 7  combined inpatient and outpatient.

 8         g.  The applicant's payor mix at a minimum reflects the

 9  community average for Medicaid, charity care, and self-pay

10  patients or the applicant must certify that it will provide a

11  minimum of 5 percent of Medicaid, charity care, and self-pay

12  to open-heart-surgery patients.

13         h.  If the applicant fails to meet the established

14  criteria for open-heart programs or fails to reach 300

15  surgeries per year by the end of its third year of operation,

16  it must show cause why its exemption should not be revoked.

17         3.2.  By December 31, 2004, and annually thereafter,

18  the agency for Health Care Administration shall submit a

19  report to the Legislature providing information concerning the

20  number of requests for exemption it has received under this

21  paragraph during the calendar year and the number of

22  exemptions it has granted or denied during the calendar year.

23         (m)  For the provision of percutaneous coronary

24  intervention for patients presenting with emergency myocardial

25  infarctions in a hospital without an approved adult

26  open-heart-surgery program. In addition to any other

27  documentation required by the agency, a request for an

28  exemption submitted under this paragraph must comply with the

29  following:

30         1.  The applicant must certify that it will meet and

31  continuously maintain the requirements adopted by the agency

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 1  for the provisions of these services. These licensure

 2  requirements must be adopted by rule pursuant to ss.

 3  120.536(1) and 120.54 and must be consistent with the

 4  guidelines published by the American College of Cardiology and

 5  the American Heart Association for the provision of

 6  percutaneuos coronary interventions in hospitals without adult

 7  open-heart services. At a minimum, the rules shall require

 8  that:

 9         a.  Cardiologists be experienced interventionalists who

10  have performed a mimimum of 75 interventions within the

11  previous 12 months.

12         b.  The hospital provide a minimum of 36 emergency

13  interventions annually in order to continue to provide the

14  service.

15         c.  The hospital offer sufficient physician, nursing,

16  and laboratory staff to provide the services 24 hours a day, 7

17  days a week.

18         d.  Nursing and technical staff have demonstrated

19  experience in handling acutely ill patients requiring

20  intervention based on previous experience in dedicated

21  interventional laboratories or surgical centers.

22         e.  Cardiac care nursing staff be adept in hemodynamic

23  monitoring and Intra-aortic Balloon Pump management.

24         f.  Formalized written transfer agreements be developed

25  with a hospital with an adult open-heart-surgery program and

26  written transport protocols be in place to ensure safe and

27  efficient transfer of a patient within 60 minutes. Transfer

28  and transport agreements must be received and tested, with

29  appropriate documentation maintained at least every 3 months.

30         g.  Hospitals implementing the service first undertake

31  a training program of 3 to 6 months' duration, which includes

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 1  establishing standard and testing logistics, creating quality

 2  assessment and error management practices, and formalizing

 3  patient-selection criteria.

 4         2.  The applicant must certify that it will at all

 5  times use the patient-selection criteria for the performance

 6  of primary angioplasty at hospitals without adult

 7  open-heart-surgery programs issued by the American College of

 8  Cardiology and the American Heart Association. At a minimum,

 9  these criteria must provide for:

10         a.  Avoidance of interventions in hemodynamically

11  stable patients who have identified symptoms or medical

12  histories.

13         b.  Transfer of patients who have a history of coronary

14  disease and clinical presentation of hemodynamic instability.

15         3.  The applicant must agree to submit to the agency a

16  quarterly report detailing patient characteristics, treatment,

17  and outcomes for all patients receiving emergency percutaneous

18  coronary interventions pursuant to this paragraph. This report

19  must be submitted within 15 days after the close of each

20  calendar quarter.

21         4.  The exemption provided by this paragraph does not

22  apply unless the agency determines that the hospital has taken

23  all necessary steps to be in compliance with all requirements

24  of this paragraph, including the training program required

25  under sub-subparagraph 1.g.

26         5.  If the hospital fails to continuously comply with

27  the requirements of sub-subparagraphs 1.c.-f. and

28  subparagraphs 2. and 3., this exemption immediately expires.

29         6.  If the hospital fails to meet the volume

30  requirements of sub-subparagraphs 1.a. and b. within 18 months

31  

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 1  after the program begins offering the service, this exemption

 2  immediately expires.

 3  

 4  If the exemption for this service expires under subparagraph

 5  5. or subparagraph 6., the agency may not grant another

 6  exemption for this service to the same hospital for 2 years

 7  and then only upon a showing that the hospital will remain in

 8  compliance with the requirements of this paragraph through a

 9  demonstration of corrections to the deficiencies that caused

10  the exemption to expire. Compliance with this paragraph

11  includes compliance with the rules adopted pursuant to this

12  paragraph.

13         (n)  For the addition of mental health services or beds

14  if the applicant commits to providing services to Medicaid or

15  charity care patients at a level equal to or greater than the

16  district average. Such a commitment is subject to s. 408.040.

17         (o)  For replacement of a licensed nursing home on the

18  same site, or within 3 miles of the same site, if the number

19  of licensed beds does not increase.

20         (p)  For consolidation or combination of licensed

21  nursing homes or transfer of beds between licensed nursing

22  homes within the same planning subdistrict, by providers that

23  operate multiple nursing homes within that planning

24  subdistrict, if there is no increase in the planning

25  subdistrict total number of nursing home beds and the site of

26  the relocation is not more than 30 miles from the original

27  location.

28         (q)  For beds in state mental health treatment

29  facilities operated under s. 394.455(30) and state mental

30  health forensic facilities operated under s. 916.106(8).

31  

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 1         (r)  For beds in state developmental services

 2  institutions as defined in s. 393.063.

 3         (4)  REQUESTS FOR EXEMPTION.--A request for exemption

 4  under subsection (3) may be made at any time and is not

 5  subject to the batching requirements of this section. The

 6  request shall be supported by such documentation as the agency

 7  requires by rule. The agency shall assess a fee of $250 for

 8  each request for exemption submitted under subsection (3).

 9         (5)  NOTIFICATION.--Health care facilities and

10  providers must provide to the agency notification of:

11         (a)  Replacement of a health care facility when the

12  proposed project site is located in the same district and on

13  the existing site or within a 1-mile radius of the replaced

14  health care facility, if the number and type of beds do not

15  increase.

16         (b)  The termination of a health care service, upon 30

17  days' written notice to the agency.

18         (c)  The addition or delicensure of beds.

19  

20  Notification under this subsection may be made by electronic,

21  facsimile, or written means at any time before the described

22  action has been taken.

23         Section 7.  Section 408.0361, Florida Statutes, is

24  amended to read:

25         408.0361  Cardiology services and burn unit licensure

26  Diagnostic cardiac catheterization services providers;

27  compliance with guidelines and requirements.--

28         (1)  Each provider of diagnostic cardiac

29  catheterization services shall comply with the requirements of

30  s. 408.036(3)(i)2.a.-d., and rules adopted by of the agency

31  which establish licensure standards for Health Care

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 1  Administration governing the operation of adult inpatient

 2  diagnostic cardiac catheterization programs. The rules must

 3  ensure that the programs:

 4         (a)  Comply with, including the most recent guidelines

 5  of the American College of Cardiology and American Heart

 6  Association Guidelines for Cardiac Catheterization and Cardiac

 7  Catheterization Laboratories.

 8         (b)  Perform only adult inpatient diagnostic cardiac

 9  catheterization services and do not provide therapeutic

10  cardiac catheterization or any other cardiology services.

11         (c)  Maintain sufficient appropriate equipment and

12  health care personnel to ensure quality and safety.

13         (d)  Maintain appropriate times of operation and

14  protocols to ensure availability and appropriate referrals in

15  the event of emergencies.

16         (e)  Demonstrate a plan to provide services to Medicaid

17  and charity patients.

18         (2)  Each provider of adult interventional cardiology

19  services or operator of a burn unit shall comply with rules

20  adopted by the agency which establish licensure standards that

21  govern the provision of adult interventional cardiology

22  services or the operation of a burn unit. Such rules must

23  consider, at a minimum, staffing, equipment, physical plant,

24  operating protocols, the provision of services to Medicaid and

25  charity patients, accreditation, licensure period and fees,

26  and enforcement of minimum standards. The certificate-of-need

27  rules for adult interventional cardiology services and burn

28  units in effect on June 30, 2004, are ratified pursuant to

29  this subsection and shall remain in effect and be enforceable

30  by the agency until the licensure rules are adopted. Existing

31  providers and any provider with a notice of intent to grant a

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 1  certificate of need or a final order of the agency granting a

 2  a certificate of need for adult interventional cardiology

 3  services or burn units shall be considered grandfathered-in

 4  and shall receive a license for their programs effective on

 5  July 1, 2004. That licensure shall remain valid for at least 3

 6  years or a period specified in the rule, whichever is longer,

 7  but such programs must meet licensure standards applicable to

 8  existing programs for every subsequent licensure period.

 9         (3)  In establishing rules for adult interventional

10  cardiology services, the agency shall include provisions that

11  allow for:

12         (a)  Establishment of two hospital program licensure

13  levels: a Level I program authorizing the performance of adult

14  primary percutaneous cardiac intervention for emergent

15  patients without onsite cardiac surgery and a Level II program

16  authorizing the performance of percutaneous cardiac

17  intervention with onsite cardiac surgery.

18         (b)  For a hospital seeking a Level I program,

19  demonstration that, for the most recent 12-month period as

20  reported to the agency, it has provided a minimum of 300 adult

21  inpatient and outpatient diagnostic cardiac catheterizations

22  or has transferred at least 300 inpatients with the principal

23  diagnosis of ischemic heart disease and that it has a

24  formalized, written transfer agreement with a hospital that

25  has a Level II program, including written transport protocols

26  to ensure safe and efficient transfer of a patient within 60

27  minutes.

28         (c)  For a hospital seeking a Level II program,

29  demonstration that it has discharged at least 800 patients

30  with the principal diagnosis of ischemic heart disease.

31  

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 1         (d)  Compliance with the most recent guidelines of the

 2  American College of Cardiology and American Heart Association

 3  guidelines for staffing, physician training and experience,

 4  operating procedures, equipment, physical plant, and

 5  patient-selection criteria to ensure patient quality and

 6  safety.

 7         (e)  Establishment of appropriate hours of operation

 8  and protocols to ensure availability and timely referral in

 9  the event of emergencies.

10         (f)  Demonstration of a plan to provide services to

11  Medicaid and charity patients.

12         (4)  The agency shall establish a technical advisory

13  panel to develop procedures and standards for measuring

14  outcomes of interventional cardiac programs. Members of the

15  panel shall include representatives of the Florida Hospital

16  Association, the Florida Society of Thoracic and

17  Cardiovascular Surgeons, the Florida Chapter of the American

18  College of Cardiology, and the Florida Chapter of the American

19  Heart Association and others who have experience in statistics

20  and outcome measurement. Based upon recommendations from the

21  panel, the agency shall develop and adopt for the

22  interventional cardiac programs rules that include at least

23  the following:

24         (a)  A standard data set consisting primarily of data

25  elements reported to the agency in accordance with s. 408.061.

26         (b)  A risk-adjustment procedure that accounts for the

27  variations in severity and case mix found in hospitals in this

28  state.

29         (c)  Outcome standards specifying expected levels of

30  performance in Level I and Level II adult interventional

31  cardiology services. Such standards may include, but are not

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 1  limited to, inhospital mortality, infection rates, nonfatal

 2  myocardial infarctions, length of stay, postoperative bleeds,

 3  and returns to surgery.

 4         (d)  Specific steps to be taken by the agency and

 5  licensing hospitals that do not meet the outcome standards

 6  within specified time periods, including time periods for

 7  detailed case reviews and development and implementation of

 8  corrective action plans.

 9         (9)  The Secretary of Health Care Administration shall

10  appoint an advisory group to study the issue of replacing

11  certificate-of-need review of organ transplant programs under

12  this chapter with licensure regulation of organ transplant

13  programs under chapter 395. The advisory group shall include

14  three representatives of organ transplant providers, one

15  representative of an organ procurement organization, one

16  representative of the Division of Health Quality Assurance,

17  one representative of Medicaid, and one advocate for organ

18  transplant patients. The advisory group shall, at a minimum,

19  make recommendations regarding access to organs, delivery of

20  services to Medicaid and charity patients, staff training, and

21  resource requirements for organ transplant programs in a

22  report due to the secretary and the Legislature by July 1,

23  2005.

24         (10)  The Secretary of Health Care Administration shall

25  appoint a work group to study certificate-of-need regulations

26  and changing market conditions related to the supply and

27  distribution of hospital beds. The assessment by the work

28  group shall include, but need not be limited to:

29         (a)  The appropriateness of current certificate-of-need

30  methodologies and other criteria for evaluating proposals for

31  new hospitals and transfers of beds to new sites.

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 1         (b)  Additional factors that should be considered,

 2  including the viability of safety-net services, the extent of

 3  market competition, and the accessibility of hospital

 4  services.

 5  

 6  The workgroup shall, by January 1, 2005, submit to the

 7  secretary and the Legislature a report identifying specific

 8  program areas and recommending needed changes in statutes and

 9  rules.

10         Section 8.  Section 408.038, Florida Statutes, is

11  amended to read:

12         408.038  Fees.--The agency shall assess fees on

13  certificate-of-need applications.  Such fees shall be for the

14  purpose of funding the functions of the local health councils

15  and the activities of the agency and shall be allocated as

16  provided in s. 408.033. The fee shall be determined as

17  follows:

18         (1)  A minimum base fee of $10,000 $5,000.

19         (2)  In addition to the base fee of $10,000 $5,000,

20  0.015 of each dollar of proposed expenditure, except that a

21  fee may not exceed $50,000 $22,000.

22         Section 9.  Subsections (1), paragraph (a) of

23  subsection (3), and paragraph (a) and (b) of subsection (4) of

24  section 408.039, are amended to read:

25         408.039  Review process.--The review process for

26  certificates of need shall be as follows:

27         (1)  REVIEW CYCLES.--The agency by rule shall provide

28  for applications to be submitted on a timetable or cycle

29  basis; provide for review on a timely basis; and provide for

30  all completed applications pertaining to similar types of

31  services or facilities affecting the same service district to

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 1  be considered in relation to each other no less often than

 2  annually two times a year.

 3         (3)  APPLICATION PROCESSING.--

 4         (a)  An applicant shall file an application with the

 5  agency, and shall furnish a copy of the application to the

 6  local health council and the agency. Within 15 days after the

 7  applicable application filing deadline established by agency

 8  rule, the staff of the agency shall determine if the

 9  application is complete.  If the application is incomplete,

10  the staff shall request specific information from the

11  applicant necessary for the application to be complete;

12  however, the staff may make only one such request. If the

13  requested information is not filed with the agency within 21

14  days after of the receipt of the staff's request, the

15  application shall be deemed incomplete and deemed withdrawn

16  from consideration.

17         (4)  STAFF RECOMMENDATIONS.--

18         (a)  The agency's review of and final agency action on

19  applications shall be in accordance with the district health

20  plan, and statutory criteria, and the implementing

21  administrative rules.  In the application review process, the

22  agency shall give a preference, as defined by rule of the

23  agency, to an applicant which proposes to develop a nursing

24  home in a nursing home geographically underserved area.

25         (b)  Within 60 days after all the applications in a

26  review cycle are determined to be complete, the agency shall

27  issue its State Agency Action Report and Notice of Intent to

28  grant a certificate of need for the project in its entirety,

29  to grant a certificate of need for identifiable portions of

30  the project, or to deny a certificate of need.  The State

31  Agency Action Report shall set forth in writing its findings

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 1  of fact and determinations upon which its decision is based.

 2  If a finding of fact or determination by the agency is counter

 3  to the district health plan of the local health council, the

 4  agency shall provide in writing its reason for its findings,

 5  item by item, to the local health council.  If the agency

 6  intends to grant a certificate of need, the State Agency

 7  Action Report or the Notice of Intent shall also include any

 8  conditions which the agency intends to attach to the

 9  certificate of need. The agency shall designate by rule a

10  senior staff person, other than the person who issues the

11  final order, to issue State Agency Action Reports and Notices

12  of Intent.

13         Section 10.  Section 408.040, Florida Statutes, is

14  amended to read:

15         408.040  Conditions and monitoring.--

16         (1)(a)  The agency may issue a certificate of need, or

17  an exemption, predicated upon statements of intent expressed

18  by an applicant in the application for a certificate of need

19  or an exemption. Any conditions imposed on a certificate of

20  need or an exemption based on such statements of intent shall

21  be stated on the face of the certificate of need or in the

22  exemption approval.

23         (b)  The agency may consider, in addition to the other

24  criteria specified in s. 408.035, a statement of intent by the

25  applicant that a specified percentage of the annual patient

26  days at the facility will be utilized by patients eligible for

27  care under Title XIX of the Social Security Act. Any

28  certificate of need issued to a nursing home in reliance upon

29  an applicant's statements that a specified percentage of

30  annual patient days will be utilized by residents eligible for

31  care under Title XIX of the Social Security Act must include a

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 1  statement that such certification is a condition of issuance

 2  of the certificate of need. The certificate-of-need program

 3  shall notify the Medicaid program office and the Department of

 4  Elderly Affairs when it imposes conditions as authorized in

 5  this paragraph in an area in which a community diversion pilot

 6  project is implemented.

 7         (c)  A certificateholder or an exemption holder may

 8  apply to the agency for a modification of conditions imposed

 9  under paragraph (a) or paragraph (b). If the holder of a

10  certificate of need or an exemption demonstrates good cause

11  why the certificate or exemption should be modified, the

12  agency shall reissue the certificate of need or exemption with

13  such modifications as may be appropriate.  The agency shall by

14  rule define the factors constituting good cause for

15  modification.

16         (d)  If the holder of a certificate of need or an

17  exemption fails to comply with a condition upon which the

18  issuance of the certificate or exemption was predicated, the

19  agency may assess an administrative fine against the

20  certificateholder or exemption holder in an amount not to

21  exceed $1,000 per failure per day. Failure to annually report

22  compliance with any condition upon which the issuance of the

23  certificate or exemption was predicated constitutes

24  noncompliance. In assessing the penalty, the agency shall take

25  into account as mitigation the degree of noncompliance

26  relative lack of severity of a particular failure.  Proceeds

27  of such penalties shall be deposited in the Public Medical

28  Assistance Trust Fund.

29         (2)(a)  Unless the applicant has commenced

30  construction, if the project provides for construction, unless

31  the applicant has incurred an enforceable capital expenditure

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 1  commitment for a project, if the project does not provide for

 2  construction, or unless subject to paragraph (b), a

 3  certificate of need shall terminate 18 months after the date

 4  of issuance. The agency shall monitor the progress of the

 5  holder of the certificate of need in meeting the timetable for

 6  project development specified in the application with the

 7  assistance of the local health council as specified in s.

 8  408.033(1)(b)5., and may revoke the certificate of need, if

 9  the holder of the certificate is not meeting such timetable

10  and is not making a good-faith effort, as defined by rule, to

11  meet it.

12         (b)  A certificate of need issued to an applicant

13  holding a provisional certificate of authority under chapter

14  651 shall terminate 1 year after the applicant receives a

15  valid certificate of authority from the Office of Insurance

16  Regulation of the Financial Services Commission.

17         (c)  The certificate-of-need validity period for a

18  project shall be extended by the agency, to the extent that

19  the applicant demonstrates to the satisfaction of the agency

20  that good-faith commencement of the project is being delayed

21  by litigation or by governmental action or inaction with

22  respect to regulations or permitting precluding commencement

23  of the project.

24         (3)  The agency shall require the submission of an

25  executed architect's certification of final payment for each

26  certificate-of-need project approved by the agency.  Each

27  project that involves construction shall submit such

28  certification to the agency within 30 days following

29  completion of construction.

30         Section 11.  Subsection (5) of section 408.043, Florida

31  Statutes, is repealed.

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 1         Section 12.  Section 408.0455, Florida Statutes, is

 2  amended to read:

 3         408.0455  Rules; pending proceedings.--The rules of the

 4  agency in effect on June 30, 2004 1997, shall remain in effect

 5  and shall be enforceable by the agency with respect to ss.

 6  408.031-408.045 until such rules are repealed or amended by

 7  the agency, and no judicial or administrative proceeding

 8  pending on July 1, 1997, shall be abated as a result of the

 9  provisions of ss. 408.031-408.043(1) and (2); s. 408.044; or

10  s. 408.045.

11         Section 13.  This act shall take effect July 1, 2004.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                            CS/SB 2606

15                                 

16  Adds an additional criterion that an increase in the number of
    beds for acute care in a hospital located in a low-growth
17  county is subject to comparative review under certificate of
    need provisions.
18  
    Changes the effective date from December 1, 2006 to December
19  31, 2006 to commence operation of an adult open-heart-surgery
    program.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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