SENATE AMENDMENT
    Bill No. HB 329
    Amendment No. ___   Barcode 394000
                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsections (9), (10), and (11) are added
18  to section 395.003, Florida Statutes, to read:
19         395.003  Licensure; issuance, renewal, denial,
20  modification, suspension, and revocation.--
21         (9)  A hospital may not be licensed or relicensed if:
22         (a)  The diagnosis-related groups for 65 percent or
23  more of the discharges from the hospital, in the most recent
24  year for which data is available to the Agency for Health Care
25  Administration pursuant to s. 408.061, are for diagnosis,
26  care, and treatment of patients who have:
27         1.  Cardiac-related diseases and disorders classified
28  as diagnosis-related groups 103-145, 478-479, 514-518, or
29  525-527;
30         2.  Orthopedic-related diseases and disorders
31  classified as diagnosis-related groups 209-256, 471, 491,
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SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 496-503, or 519-520; 2 3. Cancer-related diseases and disorders classified as 3 diagnosis-related groups 64, 82, 172, 173, 199, 200, 203, 4 257-260, 274, 275, 303, 306, 307, 318, 319, 338, 344, 346, 5 347, 363, 366, 367, 400-414, 473, or 492; or 6 4. Any combination of the above discharges. 7 (b) The hospital restricts its medical and surgical 8 services to primarily or exclusively cardiac, orthopedic, 9 surgical, or oncology specialties. 10 (10) A hospital licensed as of June 1, 2004, shall be 11 exempt from subsection (9) as long as the hospital maintains 12 the same ownership, facility street address, and range of 13 services that were in existence on June 1, 2004. Any transfer 14 of beds, or other agreements that result in the establishment 15 of a hospital or hospital services within the intent of this 16 section, shall be subject to subsection (9). Unless the 17 hospital is otherwise exempt under subsection (9), the agency 18 shall deny or revoke the license of a hospital that violates 19 any of the criteria set forth in that subsection. 20 (11) The agency may adopt rules implementing the 21 licensure requirements set forth in subsection (9). Within 14 22 days after rendering its decision on a license application or 23 revocation, the agency shall publish its proposed decision in 24 the Florida Administrative Weekly. Within 21 days after 25 publication of the agency's decision, any authorized person 26 may file a request for an administrative hearing. In 27 administrative proceedings challenging the approval, denial, 28 or revocation of a license pursuant to subsection (9), the 29 hearing must be based on the facts and law existing at the 30 time of the agency's proposed agency action. Existing 31 hospitals may initiate or intervene in an administrative 2 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 hearing to approve, deny, or revoke licensure under subsection 2 (9) based upon a showing that an established program will be 3 substantially affected by the issuance or renewal of a license 4 to a hospital within the same district or service area. 5 Section 2. Subsections (9), (13), and (17) of section 6 408.032, Florida Statutes, are amended, and subsection (18) of 7 that section is repealed, to read: 8 408.032 Definitions relating to Health Facility and 9 Services Development Act.--As used in ss. 408.031-408.045, the 10 term: 11 (9) "Health services" means inpatient diagnostic, 12 curative, or comprehensive medical rehabilitative services and 13 includes mental health services. Obstetric services are not 14 health services for purposes of ss. 408.031-408.045. 15 (13) "Long-term care hospital" means a hospital 16 licensed under chapter 395 which meets the requirements of 42 17 C.F.R. s. 412.23(e) and seeks exclusion from the acute care 18 Medicare prospective payment system for inpatient hospital 19 services. 20 (17) "Tertiary health service" means a health service 21 which, due to its high level of intensity, complexity, 22 specialized or limited applicability, and cost, should be 23 limited to, and concentrated in, a limited number of hospitals 24 to ensure the quality, availability, and cost-effectiveness of 25 such service. Examples of such service include, but are not 26 limited to, pediatric cardiac catheterization, pediatric 27 open-heart surgery, organ transplantation, specialty burn 28 units, neonatal intensive care units, comprehensive 29 rehabilitation, and medical or surgical services which are 30 experimental or developmental in nature to the extent that the 31 provision of such services is not yet contemplated within the 3 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 commonly accepted course of diagnosis or treatment for the 2 condition addressed by a given service. The agency shall 3 establish by rule a list of all tertiary health services. 4 (18) "Regional area" means any of those regional 5 health planning areas established by the agency to which local 6 and district health planning funds are directed to local 7 health councils through the General Appropriations Act. 8 Section 3. Section 408.033, Florida Statutes, is 9 amended to read: 10 408.033 Local and state health planning.-- 11 (1) LOCAL HEALTH COUNCILS.-- 12 (a) Local health councils are hereby established as 13 public or private nonprofit agencies serving the counties of a 14 district or regional area of the agency. The members of each 15 council shall be appointed in an equitable manner by the 16 county commissions having jurisdiction in the respective 17 district. Each council shall be composed of a number of 18 persons equal to 1 1/2 times the number of counties which 19 compose the district or 12 members, whichever is greater. Each 20 county in a district shall be entitled to at least one member 21 on the council. The balance of the membership of the council 22 shall be allocated among the counties of the district on the 23 basis of population rounded to the nearest whole number; 24 except that in a district composed of only two counties, no 25 county shall have fewer than four members. The appointees 26 shall be representatives of health care providers, health care 27 purchasers, and nongovernmental health care consumers, but not 28 excluding elected government officials. The members of the 29 consumer group shall include a representative number of 30 persons over 60 years of age. A majority of council members 31 shall consist of health care purchasers and health care 4 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 consumers. The local health council shall provide each county 2 commission a schedule for appointing council members to ensure 3 that council membership complies with the requirements of this 4 paragraph. The members of the local health council shall 5 elect a chair. Members shall serve for terms of 2 years and 6 may be eligible for reappointment. 7 (b) Each local health council may: 8 1. Develop a district or regional area health plan 9 that permits each local health council to develop strategies 10 and set priorities for implementation based on its unique 11 local health needs. The district or regional area health plan 12 must contain preferences for the development of health 13 services and facilities, which may be considered by the agency 14 in its review of certificate-of-need applications. The 15 district health plan shall be submitted to the agency and 16 updated periodically. The district health plans shall use a 17 uniform format and be submitted to the agency according to a 18 schedule developed by the agency in conjunction with the local 19 health councils. The schedule must provide for the development 20 of district health plans by major sections over a multiyear 21 period. The elements of a district plan which are necessary 22 to the review of certificate-of-need applications for proposed 23 projects within the district may be adopted by the agency as a 24 part of its rules. 25 2. Advise the agency on health care issues and 26 resource allocations. 27 3. Promote public awareness of community health needs, 28 emphasizing health promotion and cost-effective health service 29 selection. 30 4. Collect data and conduct analyses and studies 31 related to health care needs of the district, including the 5 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 needs of medically indigent persons, and assist the agency and 2 other state agencies in carrying out data collection 3 activities that relate to the functions in this subsection. 4 5. Monitor the onsite construction progress, if any, 5 of certificate-of-need approved projects and report council 6 findings to the agency on forms provided by the agency. 7 6. Advise and assist any regional planning councils 8 within each district that have elected to address health 9 issues in their strategic regional policy plans with the 10 development of the health element of the plans to address the 11 health goals and policies in the State Comprehensive Plan. 12 7. Advise and assist local governments within each 13 district on the development of an optional health plan element 14 of the comprehensive plan provided in chapter 163, to assure 15 compatibility with the health goals and policies in the State 16 Comprehensive Plan and district health plan. To facilitate 17 the implementation of this section, the local health council 18 shall annually provide the local governments in its service 19 area, upon request, with: 20 a. A copy and appropriate updates of the district 21 health plan; 22 b. A report of hospital and nursing home utilization 23 statistics for facilities within the local government 24 jurisdiction; and 25 c. Applicable agency rules and calculated need 26 methodologies for health facilities and services regulated 27 under s. 408.034 for the district served by the local health 28 council. 29 8. Monitor and evaluate the adequacy, appropriateness, 30 and effectiveness, within the district, of local, state, 31 federal, and private funds distributed to meet the needs of 6 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 the medically indigent and other underserved population 2 groups. 3 9. In conjunction with the Department of Health Agency 4 for Health Care Administration, plan for services at the local 5 level for persons infected with the human immunodeficiency 6 virus. 7 10. Provide technical assistance to encourage and 8 support activities by providers, purchasers, consumers, and 9 local, regional, and state agencies in meeting the health care 10 goals, objectives, and policies adopted by the local health 11 council. 12 11. Provide the agency with data required by rule for 13 the review of certificate-of-need applications and the 14 projection of need for health services and facilities in the 15 district. 16 (c) Local health councils may conduct public hearings 17 pursuant to s. 408.039(3)(b). 18 (d) Each local health council shall enter into a 19 memorandum of agreement with each regional planning council in 20 its district that elects to address health issues in its 21 strategic regional policy plan. In addition, each local 22 health council shall enter into a memorandum of agreement with 23 each local government that includes an optional health element 24 in its comprehensive plan. Each memorandum of agreement must 25 specify the manner in which each local government, regional 26 planning council, and local health council will coordinate its 27 activities to ensure a unified approach to health planning and 28 implementation efforts. 29 (e) Local health councils may employ personnel or 30 contract for staffing services with persons who possess 31 appropriate qualifications to carry out the councils' 7 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 purposes. However, such personnel are not state employees. 2 (f) Personnel of the local health councils shall 3 provide an annual orientation to council members about council 4 member responsibilities. The orientation shall include 5 presentations and participation by agency staff. 6 (g) Each local health council is authorized to accept 7 and receive, in furtherance of its health planning functions, 8 funds, grants, and services from governmental agencies and 9 from private or civic sources and to perform studies related 10 to local health planning in exchange for such funds, grants, 11 or services. Each local health council shall, no later than 12 January 30 of each year, render an accounting of the receipt 13 and disbursement of such funds received by it to the 14 Department of Health agency. The department agency shall 15 consolidate all such reports and submit such consolidated 16 report to the Legislature no later than March 1 of each year. 17 Funds received by a local health council pursuant to this 18 paragraph shall not be deemed to be a substitute for, or an 19 offset against, any funding provided pursuant to subsection 20 (2). 21 (2) FUNDING.-- 22 (a) The Legislature intends that the cost of local 23 health councils be borne by application fees for certificates 24 of need and by assessments on selected health care facilities 25 subject to facility licensure by the Agency for Health Care 26 Administration, including abortion clinics, assisted living 27 facilities, ambulatory surgical centers, birthing centers, 28 clinical laboratories except community nonprofit blood banks 29 and clinical laboratories operated by practitioners for 30 exclusive use regulated under s. 483.035, home health 31 agencies, hospices, hospitals, intermediate care facilities 8 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 for the developmentally disabled, nursing homes, health care 2 clinics, and multiphasic testing centers and by assessments on 3 organizations subject to certification by the agency pursuant 4 to chapter 641, part III, including health maintenance 5 organizations and prepaid health clinics. 6 (b)1. A hospital licensed under chapter 395, a nursing 7 home licensed under chapter 400, and an assisted living 8 facility licensed under chapter 400 shall be assessed an 9 annual fee based on number of beds. 10 2. All other facilities and organizations listed in 11 paragraph (a) shall each be assessed an annual fee of $150. 12 3. Facilities operated by the Department of Children 13 and Family Services, the Department of Health, or the 14 Department of Corrections and any hospital which meets the 15 definition of rural hospital pursuant to s. 395.602 are exempt 16 from the assessment required in this subsection. 17 (c)1. The agency shall, by rule, establish fees for 18 hospitals and nursing homes based on an assessment of $2 per 19 bed. However, no such facility shall be assessed more than a 20 total of $500 under this subsection. 21 2. The agency shall, by rule, establish fees for 22 assisted living facilities based on an assessment of $1 per 23 bed. However, no such facility shall be assessed more than a 24 total of $150 under this subsection. 25 3. The agency shall, by rule, establish an annual fee 26 of $150 for all other facilities and organizations listed in 27 paragraph (a). 28 (d) The agency shall, by rule, establish a facility 29 billing and collection process for the billing and collection 30 of the health facility fees authorized by this subsection. 31 (e) A health facility which is assessed a fee under 9 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 this subsection is subject to a fine of $100 per day for each 2 day in which the facility is late in submitting its annual fee 3 up to maximum of the annual fee owed by the facility. A 4 facility which refuses to pay the fee or fine is subject to 5 the forfeiture of its license. 6 (f) The agency shall deposit in the Health Care Trust 7 Fund all health care facility assessments that are assessed 8 under this subsection and proceeds from the 9 certificate-of-need application fees. The agency shall 10 transfer such funds to the Department of Health for an amount 11 sufficient to maintain the aggregate funding of level for the 12 local health councils as specified in the General 13 Appropriations Act. The remaining certificate-of-need 14 application fees shall be used only for the purpose of 15 administering the certificate-of-need program Health Facility 16 and Services Development Act. 17 (3) DUTIES AND RESPONSIBILITIES OF THE AGENCY.-- 18 (a) The agency, in conjunction with the local health 19 councils, is responsible for the coordinated planning of 20 health care services in the state. 21 (b) The agency shall develop and maintain a 22 comprehensive health care database for the purpose of health 23 planning and for certificate-of-need determinations. The 24 agency or its contractor is authorized to require the 25 submission of information from health facilities, health 26 service providers, and licensed health professionals which is 27 determined by the agency, through rule, to be necessary for 28 meeting the agency's responsibilities as established in this 29 section. 30 (c) The agency shall assist personnel of the local 31 health councils in providing an annual orientation to council 10 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 members about council member responsibilities. 2 (c)(d) The Department of Health agency shall contract 3 with the local health councils for the services specified in 4 subsection (1). All contract funds shall be distributed 5 according to an allocation plan developed by the department 6 agency that provides for a minimum and equal funding base for 7 each local health council. Any remaining funds shall be 8 distributed based on adjustments for workload. The agency may 9 also make grants to or reimburse local health councils from 10 federal funds provided to the state for activities related to 11 those functions set forth in this section. The department 12 agency may withhold funds from a local health council or 13 cancel its contract with a local health council which does not 14 meet performance standards agreed upon by the department 15 agency and local health councils. 16 Section 4. Subsections (1), (2), and (5) of section 17 408.034, Florida Statutes, are amended to read: 18 408.034 Duties and responsibilities of agency; 19 rules.-- 20 (1) The agency is designated as the single state 21 agency to issue, revoke, or deny certificates of need and to 22 issue, revoke, or deny exemptions from certificate-of-need 23 review in accordance with the district plans and present and 24 future federal and state statutes. The agency is designated 25 as the state health planning agency for purposes of federal 26 law. 27 (2) In the exercise of its authority to issue licenses 28 to health care facilities and health service providers, as 29 provided under chapters 393, 395, and parts II and VI of 30 chapter 400, the agency may not issue a license to any health 31 care facility or, health service provider that, hospice, or 11 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 part of a health care facility which fails to receive a 2 certificate of need or an exemption for the licensed facility 3 or service. 4 (5) The agency shall establish by rule a 5 nursing-home-bed-need methodology that has a goal of 6 maintaining a subdistrict average occupancy rate of 94 percent 7 and that reduces the community nursing home bed need for the 8 areas of the state where the agency establishes pilot 9 community diversion programs through the Title XIX aging 10 waiver program. 11 Section 5. Section 408.035, Florida Statutes, is 12 amended to read: 13 408.035 Review criteria.--The agency shall determine 14 the reviewability of applications and shall review 15 applications for certificate-of-need determinations for health 16 care facilities and health services in context with the 17 following criteria: 18 (1) The need for the health care facilities and health 19 services being proposed in relation to the applicable district 20 health plan. 21 (2) The availability, quality of care, accessibility, 22 and extent of utilization of existing health care facilities 23 and health services in the service district of the applicant. 24 (3) The ability of the applicant to provide quality of 25 care and the applicant's record of providing quality of care. 26 (4) The need in the service district of the applicant 27 for special health care services that are not reasonably and 28 economically accessible in adjoining areas. 29 (5) The needs of research and educational facilities, 30 including, but not limited to, facilities with institutional 31 training programs and community training programs for health 12 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 care practitioners and for doctors of osteopathic medicine and 2 medicine at the student, internship, and residency training 3 levels. 4 (4)(6) The availability of resources, including health 5 personnel, management personnel, and funds for capital and 6 operating expenditures, for project accomplishment and 7 operation. 8 (5)(7) The extent to which the proposed services will 9 enhance access to health care for residents of the service 10 district. 11 (6)(8) The immediate and long-term financial 12 feasibility of the proposal. 13 (7)(9) The extent to which the proposal will foster 14 competition that promotes quality and cost-effectiveness. 15 (8)(10) The costs and methods of the proposed 16 construction, including the costs and methods of energy 17 provision and the availability of alternative, less costly, or 18 more effective methods of construction. 19 (9)(11) The applicant's past and proposed provision of 20 health care services to Medicaid patients and the medically 21 indigent. 22 (10)(12) The applicant's designation as a Gold Seal 23 Program nursing facility pursuant to s. 400.235, when the 24 applicant is requesting additional nursing home beds at that 25 facility. 26 Section 6. Section 408.036, Florida Statutes, is 27 amended to read: 28 408.036 Projects subject to review; exemptions.-- 29 (1) APPLICABILITY.--Unless exempt under subsection 30 (3), all health-care-related projects, as described in 31 paragraphs (a)-(e) (a)-(h), are subject to review and must 13 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 file an application for a certificate of need with the agency. 2 The agency is exclusively responsible for determining whether 3 a health-care-related project is subject to review under ss. 4 408.031-408.045. 5 (a) The addition of beds in community nursing homes or 6 intermediate care facilities for the developmentally disabled 7 by new construction or alteration. 8 (b) The new construction or establishment of 9 additional health care facilities, including a replacement 10 health care facility when the proposed project site is not 11 located on the same site as or within 1 mile of the existing 12 health care facility, if the number of beds in each licensed 13 bed category will not increase. 14 (c) The conversion from one type of health care 15 facility to another, including the conversion from a general 16 hospital, a specialty hospital, or a long-term care hospital. 17 (d) An increase in the total licensed bed capacity of 18 a health care facility. 19 (d)(e) The establishment of a hospice or hospice 20 inpatient facility, except as provided in s. 408.043. 21 (f) The establishment of inpatient health services by 22 a health care facility, or a substantial change in such 23 services. 24 (e)(g) An increase in the number of beds for acute 25 care, nursing home care beds, specialty burn units, neonatal 26 intensive care units, comprehensive rehabilitation, mental 27 health services, or hospital-based distinct part skilled 28 nursing units, or at a long-term care hospital. 29 (f)(h) The establishment of tertiary health services, 30 including inpatient comprehensive rehabilitation services. 31 (g) An increase in the number of beds for acute care 14 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 in a hospital that is located in a low-growth county. A 2 low-growth county is defined as a county that has: 3 1. A hospital with an occupancy rate for licensed 4 acute care which has been below 60 percent for the previous 5 5 years; 6 2. Experienced a growth rate of 4 percent or less for 7 the most recent 3-year period for which data are available, as 8 determined using the population statistics published in the 9 most recent edition of the Florida Statistical Abstract; 10 3. A population of 400,000 or fewer according to the 11 most recent edition of the Florida Statistical Abstract; and 12 4. A hospital that has combined gross revenue from 13 Medicaid and charity patients which exceeds $60 million per 14 year for the previous 2 years. 15 16 This paragraph is repealed effective July 1, 2009. 17 (2) PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless 18 exempt pursuant to subsection (3), projects subject to an 19 expedited review shall include, but not be limited to: 20 (a) Research, education, and training programs. 21 (b) Shared services contracts or projects. 22 (a)(c) A transfer of a certificate of need, except 23 that when an existing hospital is acquired by a purchaser, all 24 certificates of need issued to the hospital which are not yet 25 operational shall be acquired by the purchaser, without need 26 for a transfer. 27 (b) Replacement of a nursing home within the same 28 district, if the proposed project site is located within a 29 geographic area that contains at least 65 percent of the 30 facility's current residents and is within a 30-mile radius of 31 the replaced nursing home. 15 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 (c) Relocation of a portion of a nursing home's 2 licensed beds to a facility within the same district, if the 3 relocation is within a 30-mile radius of the existing facility 4 and the total number of nursing home beds in the district does 5 not increase. 6 (d) A 50-percent increase in nursing home beds for a 7 facility incorporated and operating in this state for at least 8 60 years on or before July 1, 1988, which has a licensed 9 nursing home facility located on a campus providing a variety 10 of residential settings and supportive services. The 11 increased nursing home beds shall be for the exclusive use of 12 the campus residents. Any application on behalf of an 13 applicant meeting this requirement shall be subject to the 14 base fee of $5,000 provided in s. 408.038. 15 (e) Replacement of a health care facility when the 16 proposed project site is located in the same district and 17 within a 1-mile radius of the replaced health care facility. 18 (f) The conversion of mental health services beds 19 licensed under chapter 395 or hospital-based distinct part 20 skilled nursing unit beds to general acute care beds; the 21 conversion of mental health services beds between or among the 22 licensed bed categories defined as beds for mental health 23 services; or the conversion of general acute care beds to beds 24 for mental health services. 25 1. Conversion under this paragraph shall not establish 26 a new licensed bed category at the hospital but shall apply 27 only to categories of beds licensed at that hospital. 28 2. Beds converted under this paragraph must be 29 licensed and operational for at least 12 months before the 30 hospital may apply for additional conversion affecting beds of 31 the same type. 16 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 2 The agency shall develop rules to implement the provisions for 3 expedited review, including time schedule, application content 4 which may be reduced from the full requirements of s. 5 408.037(1), and application processing. 6 (3) EXEMPTIONS.--Upon request, the following projects 7 are subject to exemption from the provisions of subsection 8 (1): 9 (a) For replacement of a licensed health care facility 10 on the same site, provided that the number of beds in each 11 licensed bed category will not increase. 12 (a)(b) For hospice services or for swing beds in a 13 rural hospital, as defined in s. 395.602, in a number that 14 does not exceed one-half of its licensed beds. 15 (b)(c) For the conversion of licensed acute care 16 hospital beds to Medicare and Medicaid certified skilled 17 nursing beds in a rural hospital, as defined in s. 395.602, so 18 long as the conversion of the beds does not involve the 19 construction of new facilities. The total number of skilled 20 nursing beds, including swing beds, may not exceed one-half of 21 the total number of licensed beds in the rural hospital as of 22 July 1, 1993. Certified skilled nursing beds designated under 23 this paragraph, excluding swing beds, shall be included in the 24 community nursing home bed inventory. A rural hospital that 25 which subsequently decertifies any acute care beds exempted 26 under this paragraph shall notify the agency of the 27 decertification, and the agency shall adjust the community 28 nursing home bed inventory accordingly. 29 (c)(d) For the addition of nursing home beds at a 30 skilled nursing facility that is part of a retirement 31 community that provides a variety of residential settings and 17 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 supportive services and that has been incorporated and 2 operated in this state for at least 65 years on or before July 3 1, 1994. All nursing home beds must not be available to the 4 public but must be for the exclusive use of the community 5 residents. 6 (e) For an increase in the bed capacity of a nursing 7 facility licensed for at least 50 beds as of January 1, 1994, 8 under part II of chapter 400 which is not part of a continuing 9 care facility if, after the increase, the total licensed bed 10 capacity of that facility is not more than 60 beds and if the 11 facility has been continuously licensed since 1950 and has 12 received a superior rating on each of its two most recent 13 licensure surveys. 14 (d)(f) For an inmate health care facility built by or 15 for the exclusive use of the Department of Corrections as 16 provided in chapter 945. This exemption expires when such 17 facility is converted to other uses. 18 (g) For the termination of an inpatient health care 19 service, upon 30 days' written notice to the agency. 20 (h) For the delicensure of beds, upon 30 days' written 21 notice to the agency. A request for exemption submitted under 22 this paragraph must identify the number, the category of beds, 23 and the name of the facility in which the beds to be 24 delicensed are located. 25 (i) For the provision of adult inpatient diagnostic 26 cardiac catheterization services in a hospital. 27 1. In addition to any other documentation otherwise 28 required by the agency, a request for an exemption submitted 29 under this paragraph must comply with the following criteria: 30 a. The applicant must certify it will not provide 31 therapeutic cardiac catheterization pursuant to the grant of 18 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 the exemption. 2 b. The applicant must certify it will meet and 3 continuously maintain the minimum licensure requirements 4 adopted by the agency governing such programs pursuant to 5 subparagraph 2. 6 c. The applicant must certify it will provide a 7 minimum of 2 percent of its services to charity and Medicaid 8 patients. 9 2. The agency shall adopt licensure requirements by 10 rule which govern the operation of adult inpatient diagnostic 11 cardiac catheterization programs established pursuant to the 12 exemption provided in this paragraph. The rules shall ensure 13 that such programs: 14 a. Perform only adult inpatient diagnostic cardiac 15 catheterization services authorized by the exemption and will 16 not provide therapeutic cardiac catheterization or any other 17 services not authorized by the exemption. 18 b. Maintain sufficient appropriate equipment and 19 health personnel to ensure quality and safety. 20 c. Maintain appropriate times of operation and 21 protocols to ensure availability and appropriate referrals in 22 the event of emergencies. 23 d. Maintain appropriate program volumes to ensure 24 quality and safety. 25 e. Provide a minimum of 2 percent of its services to 26 charity and Medicaid patients each year. 27 3.a. The exemption provided by this paragraph shall 28 not apply unless the agency determines that the program is in 29 compliance with the requirements of subparagraph 1. and that 30 the program will, after beginning operation, continuously 31 comply with the rules adopted pursuant to subparagraph 2. The 19 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 agency shall monitor such programs to ensure compliance with 2 the requirements of subparagraph 2. 3 b.(I) The exemption for a program shall expire 4 immediately when the program fails to comply with the rules 5 adopted pursuant to sub-subparagraphs 2.a., b., and c. 6 (II) Beginning 18 months after a program first begins 7 treating patients, the exemption for a program shall expire 8 when the program fails to comply with the rules adopted 9 pursuant to sub-subparagraphs 2.d. and e. 10 (III) If the exemption for a program expires pursuant 11 to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the 12 agency shall not grant an exemption pursuant to this paragraph 13 for an adult inpatient diagnostic cardiac catheterization 14 program located at the same hospital until 2 years following 15 the date of the determination by the agency that the program 16 failed to comply with the rules adopted pursuant to 17 subparagraph 2. 18 (e)(j) For mobile surgical facilities and related 19 health care services provided under contract with the 20 Department of Corrections or a private correctional facility 21 operating pursuant to chapter 957. 22 (f)(k) For state veterans' nursing homes operated by 23 or on behalf of the Florida Department of Veterans' Affairs in 24 accordance with part II of chapter 296 for which at least 50 25 percent of the construction cost is federally funded and for 26 which the Federal Government pays a per diem rate not to 27 exceed one-half of the cost of the veterans' care in such 28 state nursing homes. These beds shall not be included in the 29 nursing home bed inventory. 30 (g)(l) For combination within one nursing home 31 facility of the beds or services authorized by two or more 20 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 certificates of need issued in the same planning subdistrict. 2 An exemption granted under this paragraph shall extend the 3 validity period of the certificates of need to be consolidated 4 by the length of the period beginning upon submission of the 5 exemption request and ending with issuance of the exemption. 6 The longest validity period among the certificates shall be 7 applicable to each of the combined certificates. 8 (h)(m) For division into two or more nursing home 9 facilities of beds or services authorized by one certificate 10 of need issued in the same planning subdistrict. An exemption 11 granted under this paragraph shall extend the validity period 12 of the certificate of need to be divided by the length of the 13 period beginning upon submission of the exemption request and 14 ending with issuance of the exemption. 15 (i)(n) For the addition of hospital beds licensed 16 under chapter 395 for comprehensive rehabilitation acute care, 17 mental health services, or a hospital-based distinct part 18 skilled nursing unit in a number that may not exceed 10 total 19 beds or 10 percent of the licensed capacity of the bed 20 category being expanded, whichever is greater. Beds for 21 specialty burn units, neonatal intensive care units, or 22 comprehensive rehabilitation, or at a long-term care hospital, 23 may not be increased under this paragraph. 24 1. In addition to any other documentation otherwise 25 required by the agency, a request for exemption submitted 26 under this paragraph must: 27 a. Certify that the prior 12-month average occupancy 28 rate for the category of licensed beds being expanded at the 29 facility meets or exceeds 80 percent or, for a hospital-based 30 distinct part skilled nursing unit, the prior 12-month average 31 occupancy rate meets or exceeds 96 percent. 21 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 b. Certify that the any beds of the same type 2 authorized for the facility under this paragraph before the 3 date of the current request for an exemption have been 4 licensed and operational for at 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 hospital beds until the beds are licensed. 11 (o) For the addition of acute care beds, as authorized 12 by rule consistent with s. 395.003(4), in a number that may 13 not exceed 10 total beds or 10 percent of licensed bed 14 capacity, whichever is greater, for temporary beds in a 15 hospital that has experienced high seasonal occupancy within 16 the prior 12-month period or in a hospital that must respond 17 to emergency circumstances. 18 (j)(p) For the addition of nursing home beds licensed 19 under chapter 400 in a number not exceeding 10 total beds or 20 10 percent of the number of beds licensed in the facility 21 being expanded, whichever is greater; or, for the addition of 22 nursing home beds licensed under chapter 400 at a facility 23 that has been designated as a Gold Seal nursing home under s. 24 400.235 in a number not exceeding 20 total beds or 10 percent 25 of the number of licensed beds in the facility being expanded, 26 whichever is greater. 27 1. In addition to any other documentation required by 28 the agency, a request for exemption submitted under this 29 paragraph must: 30 a. Effective until June 30, 2001, Certify that the 31 facility has not had any class I or class II deficiencies 22 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 within the 30 months preceding the request for addition. 2 b. Effective on July 1, 2001, certify that the 3 facility has been designated as a Gold Seal nursing home under 4 s. 400.235. 5 b.c. Certify that the prior 12-month average occupancy 6 rate for the nursing home beds at the facility meets or 7 exceeds 96 percent. 8 c.d. Certify that any beds authorized for the facility 9 under this paragraph before the date of the current request 10 for an exemption have been licensed and operational for at 11 least 12 months. 12 2. The timeframes and monitoring process specified in 13 s. 408.040(2)(a)-(c) apply to any exemption issued under this 14 paragraph. 15 3. The agency shall count beds authorized under this 16 paragraph as approved beds in the published inventory of 17 nursing home beds until the beds are licensed. 18 (k) For the establishment of: 19 1. A Level II neonatal intensive care unit with at 20 least 10 beds, upon documentation to the agency that the 21 applicant hospital had a minimum of 1,500 births during the 22 previous 12 months; or 23 2. A Level III neonatal intensive care unit with at 24 least 15 beds, upon documentation to the agency that the 25 applicant hospital has a Level II neonatal intensive care unit 26 of at least 10 beds and had a minimum of 3,500 births during 27 the previous 12 months, 28 29 if the applicant demonstrates that it meets the requirements 30 for quality of care, nurse staffing, physician staffing, 31 physical plant, equipment, emergency transportation, and data 23 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 reporting found in agency certificate-of-need rules for Level 2 II and Level III neonatal intensive care units and if the 3 applicant commits to the provision of services to Medicaid and 4 charity patients at a level equal to or greater than the 5 district average. Such a commitment is subject to s. 408.040. 6 (q) For establishment of a specialty hospital offering 7 a range of medical service restricted to a defined age or 8 gender group of the population or a restricted range of 9 services appropriate to the diagnosis, care, and treatment of 10 patients with specific categories of medical illnesses or 11 disorders, through the transfer of beds and services from an 12 existing hospital in the same county. 13 (r) For the conversion of hospital-based Medicare and 14 Medicaid certified skilled nursing beds to acute care beds, if 15 the conversion does not involve the construction of new 16 facilities. 17 (s)1. For an adult open-heart-surgery program to be 18 located in a new hospital provided the new hospital is being 19 established in the location of an existing hospital with an 20 adult open-heart-surgery program, the existing hospital and 21 the existing adult open-heart-surgery program are being 22 relocated to a replacement hospital, and the replacement 23 hospital will utilize a closed-staff model. A hospital is 24 exempt from the certificate-of-need review for the 25 establishment of an open-heart-surgery program if the 26 application for exemption submitted under this paragraph 27 complies with the following criteria: 28 a. The applicant must certify that it will meet and 29 continuously maintain the minimum Florida Administrative Code 30 and any future licensure requirements governing adult 31 open-heart programs adopted by the agency, including the most 24 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 current guidelines of the American College of Cardiology and 2 American Heart Association Guidelines for Adult Open Heart 3 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 is a newly licensed hospital in a 12 physical location previously owned and licensed to a hospital 13 performing more than 300 open-heart procedures each year, 14 including heart transplants. 15 e. The applicant must certify that it can perform more 16 than 300 diagnostic cardiac catheterization procedures per 17 year, combined inpatient and outpatient, by the end of the 18 third year of its operation. 19 f. The applicant's payor mix at a minimum reflects the 20 community average for Medicaid, charity care, and self-pay 21 patients or the applicant must certify that it will provide a 22 minimum of 5 percent of Medicaid, charity care, and self-pay 23 to open-heart-surgery patients. 24 g. If the applicant fails to meet the established 25 criteria for open-heart programs or fails to reach 300 26 surgeries per year by the end of its third year of operation, 27 it must show cause why its exemption should not be revoked. 28 h. In order to ensure continuity of available 29 services, the applicant of the newly licensed hospital may 30 apply for this certificate-of-need before taking possession of 31 the physical facilities. The effective date of the 25 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 certificate-of-need will be concurrent with the effective date 2 of the newly issued hospital license. 3 2. By December 31, 2004, and annually thereafter, the 4 agency shall submit a report to the Legislature providing 5 information concerning the number of requests for exemption 6 received under this paragraph and the number of exemptions 7 granted or denied. 8 3. This paragraph is repealed effective January 1, 9 2008. 10 (l)(t)1. For the provision of adult open-heart 11 services in a hospital located within the boundaries of a 12 health service planning district, as defined in s. 408.032(5), 13 which has experienced an annual net out-migration of at least 14 600 open-heart-surgery cases for 3 consecutive years according 15 to the most recent data reported to the agency, and the 16 district's population per licensed and operational open-heart 17 programs exceeds the state average of population per licensed 18 and operational open-heart programs by at least 25 percent 19 Palm Beach, Polk, Martin, St. Lucie, and Indian River Counties 20 if the following conditions are met: The exemption must be 21 based upon objective criteria and address and solve the twin 22 problems of geographic and temporal access. All hospitals 23 within a health service planning district which meet the 24 criteria reference in sub-subparagraphs 2.a.-h. shall be 25 eligible for this exemption on July 1, 2004, and shall receive 26 the exemption upon filing for it and subject to the following: 27 a. A hospital that has received a notice of intent to 28 grant a certificate of need or a final order of the agency 29 granting a certificate of need for the establishment of an 30 open-heart-surgery program is entitled to receive a letter of 31 exemption for the establishment of an adult open-heart-surgery 26 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 program upon filing a request for exemption and complying with 2 the criteria enumerated in sub-subparagraphs 2.a.-h., and is 3 entitled to immediately commence operation of the program. 4 b. An otherwise eligible hospital that has not 5 received a notice of intent to grant a certificate of need or 6 a final order of the agency granting a certificate of need for 7 the establishment of an open-heart-surgery program is entitled 8 to immediately receive a letter of exemption for the 9 establishment of an adult open-heart-surgery program upon 10 filing a request for exemption and complying with the criteria 11 enumerated in sub-subparagraphs 2.a.-h., but is not entitled 12 to commence operation of its program until December 31, 2006. 13 2. A hospital shall be exempt from the 14 certificate-of-need review for the establishment of an 15 open-heart-surgery program when the application for exemption 16 submitted under this paragraph complies with the following 17 criteria: 18 a. The applicant must certify that it will meet and 19 continuously maintain the minimum licensure requirements 20 adopted by the agency governing adult open-heart programs, 21 including the most current guidelines of the American College 22 of Cardiology and American Heart Association Guidelines for 23 Adult Open Heart Programs. 24 b. The applicant must certify that it will maintain 25 sufficient appropriate equipment and health personnel to 26 ensure quality and safety. 27 c. The applicant must certify that it will maintain 28 appropriate times of operation and protocols to ensure 29 availability and appropriate referrals in the event of 30 emergencies. 31 d. The applicant can demonstrate that it has 27 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 discharged at least 300 inpatients with a principal diagnosis 2 of ischemic heart disease for the most recent 12-month period 3 as reported to the agency is referring 300 or more patients 4 per year from the hospital, including the emergency room, for 5 cardiac services at a hospital with cardiac services, or that 6 the average wait for transfer for 50 percent or more of the 7 cardiac patients exceeds 4 hours. 8 e. The applicant is a general acute care hospital that 9 is in operation for 3 years or more. 10 f. The applicant is performing more than 300 11 diagnostic cardiac catheterization procedures per year, 12 combined inpatient and outpatient. 13 g. 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 h. 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 3.2. By December 31, 2004, and annually thereafter, 23 the agency for Health Care Administration shall submit a 24 report to the Legislature providing information concerning the 25 number of requests for exemption it has received under this 26 paragraph during the calendar year and the number of 27 exemptions it has granted or denied during the calendar year. 28 (m) For the provision of percutaneous coronary 29 intervention for patients presenting with emergency myocardial 30 infarctions in a hospital without an approved adult 31 open-heart-surgery program. In addition to any other 28 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 documentation required by the agency, a request for an 2 exemption submitted under this paragraph must comply with the 3 following: 4 1. The applicant must certify that it will meet and 5 continuously maintain the requirements adopted by the agency 6 for the provisions of these services. These licensure 7 requirements must be adopted by rule pursuant to ss. 8 120.536(1) and 120.54 and must be consistent with the 9 guidelines published by the American College of Cardiology and 10 the American Heart Association for the provision of 11 percutaneuos coronary interventions in hospitals without adult 12 open-heart services. At a minimum, the rules shall require 13 that: 14 a. Cardiologists be experienced interventionalists who 15 have performed a mimimum of 75 interventions within the 16 previous 12 months. 17 b. The hospital provide a minimum of 36 emergency 18 interventions annually in order to continue to provide the 19 service. 20 c. The hospital offer sufficient physician, nursing, 21 and laboratory staff to provide the services 24 hours a day, 7 22 days a week. 23 d. Nursing and technical staff have demonstrated 24 experience in handling acutely ill patients requiring 25 intervention based on previous experience in dedicated 26 interventional laboratories or surgical centers. 27 e. Cardiac care nursing staff be adept in hemodynamic 28 monitoring and Intra-aortic Balloon Pump management. 29 f. Formalized written transfer agreements be developed 30 with a hospital with an adult open-heart-surgery program and 31 written transport protocols be in place to ensure safe and 29 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 efficient transfer of a patient within 60 minutes. Transfer 2 and transport agreements must be received and tested, with 3 appropriate documentation maintained at least every 3 months. 4 g. Hospitals implementing the service first undertake 5 a training program of 3 to 6 months' duration, which includes 6 establishing standard and testing logistics, creating quality 7 assessment and error management practices, and formalizing 8 patient-selection criteria. 9 2. The applicant must certify that it will at all 10 times use the patient-selection criteria for the performance 11 of primary angioplasty at hospitals without adult 12 open-heart-surgery programs issued by the American College of 13 Cardiology and the American Heart Association. At a minimum, 14 these criteria must provide for: 15 a. Avoidance of interventions in hemodynamically 16 stable patients who have identified symptoms or medical 17 histories. 18 b. Transfer of patients who have a history of coronary 19 disease and clinical presentation of hemodynamic instability. 20 3. The applicant must agree to submit to the agency a 21 quarterly report detailing patient characteristics, treatment, 22 and outcomes for all patients receiving emergency percutaneous 23 coronary interventions pursuant to this paragraph. This report 24 must be submitted within 15 days after the close of each 25 calendar quarter. 26 4. The exemption provided by this paragraph does not 27 apply unless the agency determines that the hospital has taken 28 all necessary steps to be in compliance with all requirements 29 of this paragraph, including the training program required 30 under sub-subparagraph 1.g. 31 5. If the hospital fails to continuously comply with 30 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 the requirements of sub-subparagraphs 1.c.-f. and 2 subparagraphs 2. and 3., this exemption immediately expires. 3 6. If the hospital fails to meet the volume 4 requirements of sub-subparagraphs 1.a. and b. within 18 months 5 after the program begins offering the service, this exemption 6 immediately expires. 7 8 If the exemption for this service expires under subparagraph 9 5. or subparagraph 6., the agency may not grant another 10 exemption for this service to the same hospital for 2 years 11 and then only upon a showing that the hospital will remain in 12 compliance with the requirements of this paragraph through a 13 demonstration of corrections to the deficiencies that caused 14 the exemption to expire. Compliance with this paragraph 15 includes compliance with the rules adopted pursuant to this 16 paragraph. 17 (n) For the addition of mental health services or beds 18 if the applicant commits to providing services to Medicaid or 19 charity care patients at a level equal to or greater than the 20 district average. Such a commitment is subject to s. 408.040. 21 (o) For replacement of a licensed nursing home on the 22 same site, or within 3 miles of the same site, if the number 23 of licensed beds does not increase. 24 (p) For consolidation or combination of licensed 25 nursing homes or transfer of beds between licensed nursing 26 homes within the same planning subdistrict, by providers that 27 operate multiple nursing homes within that planning 28 subdistrict, if there is no increase in the planning 29 subdistrict total number of nursing home beds and the site of 30 the relocation is not more than 30 miles from the original 31 location. 31 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 (q) For beds in state mental health treatment 2 facilities operated under s. 394.455(30) and state mental 3 health forensic facilities operated under s. 916.106(8). 4 (r) For beds in state developmental services 5 institutions as defined in s. 393.063. 6 (4) REQUESTS FOR EXEMPTION.--A request for exemption 7 under subsection (3) may be made at any time and is not 8 subject to the batching requirements of this section. The 9 request shall be supported by such documentation as the agency 10 requires by rule. The agency shall assess a fee of $250 for 11 each request for exemption submitted under subsection (3). 12 (5) NOTIFICATION.--Health care facilities and 13 providers must provide to the agency notification of: 14 (a) Replacement of a health care facility when the 15 proposed project site is located in the same district and on 16 the existing site or within a 1-mile radius of the replaced 17 health care facility, if the number and type of beds do not 18 increase. 19 (b) The termination of a health care service, upon 30 20 days' written notice to the agency. 21 (c) The addition or delicensure of beds. 22 23 Notification under this subsection may be made by electronic, 24 facsimile, or written means at any time before the described 25 action has been taken. 26 Section 7. Section 408.0361, Florida Statutes, is 27 amended to read: 28 408.0361 Cardiology services and burn unit licensure 29 Diagnostic cardiac catheterization services providers; 30 compliance with guidelines and requirements.-- 31 (1) Each provider of diagnostic cardiac 32 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 catheterization services shall comply with the requirements of 2 s. 408.036(3)(i)2.a.-d., and rules adopted by of the agency 3 which establish licensure standards for Health Care 4 Administration governing the operation of adult inpatient 5 diagnostic cardiac catheterization programs. The rules must 6 ensure that the programs: 7 (a) Comply with, including the most recent guidelines 8 of the American College of Cardiology and American Heart 9 Association Guidelines for Cardiac Catheterization and Cardiac 10 Catheterization Laboratories. 11 (b) Perform only adult inpatient diagnostic cardiac 12 catheterization services and do not provide therapeutic 13 cardiac catheterization or any other cardiology services. 14 (c) Maintain sufficient appropriate equipment and 15 health care personnel to ensure quality and safety. 16 (d) Maintain appropriate times of operation and 17 protocols to ensure availability and appropriate referrals in 18 the event of emergencies. 19 (e) Demonstrate a plan to provide services to Medicaid 20 and charity patients. 21 (2) Each provider of adult interventional cardiology 22 services or operator of a burn unit shall comply with rules 23 adopted by the agency which establish licensure standards that 24 govern the provision of adult interventional cardiology 25 services or the operation of a burn unit. Such rules must 26 consider, at a minimum, staffing, equipment, physical plant, 27 operating protocols, the provision of services to Medicaid and 28 charity patients, accreditation, licensure period and fees, 29 and enforcement of minimum standards. The certificate-of-need 30 rules for adult interventional cardiology services and burn 31 units in effect on June 30, 2004, are ratified pursuant to 33 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 this subsection and shall remain in effect and be enforceable 2 by the agency until the licensure rules are adopted. Existing 3 providers and any provider with a notice of intent to grant a 4 certificate of need or a final order of the agency granting a 5 a certificate of need for adult interventional cardiology 6 services or burn units shall be considered grandfathered-in 7 and shall receive a license for their programs effective on 8 July 1, 2004. That licensure shall remain valid for at least 3 9 years or a period specified in the rule, whichever is longer, 10 but such programs must meet licensure standards applicable to 11 existing programs for every subsequent licensure period. 12 (3) In establishing rules for adult interventional 13 cardiology services, the agency shall include provisions that 14 allow for: 15 (a) Establishment of two hospital program licensure 16 levels: a Level I program authorizing the performance of adult 17 primary percutaneous cardiac intervention for emergent 18 patients without onsite cardiac surgery and a Level II program 19 authorizing the performance of percutaneous cardiac 20 intervention with onsite cardiac surgery. 21 (b) For a hospital seeking a Level I program, 22 demonstration that, for the most recent 12-month period as 23 reported to the agency, it has provided a minimum of 300 adult 24 inpatient and outpatient diagnostic cardiac catheterizations 25 or has transferred at least 300 inpatients with the principal 26 diagnosis of ischemic heart disease and that it has a 27 formalized, written transfer agreement with a hospital that 28 has a Level II program, including written transport protocols 29 to ensure safe and efficient transfer of a patient within 60 30 minutes. 31 (c) For a hospital seeking a Level II program, 34 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 demonstration that it has discharged at least 800 patients 2 with the principal diagnosis of ischemic heart disease. 3 (d) Compliance with the most recent guidelines of the 4 American College of Cardiology and American Heart Association 5 guidelines for staffing, physician training and experience, 6 operating procedures, equipment, physical plant, and 7 patient-selection criteria to ensure patient quality and 8 safety. 9 (e) Establishment of appropriate hours of operation 10 and protocols to ensure availability and timely referral in 11 the event of emergencies. 12 (f) Demonstration of a plan to provide services to 13 Medicaid and charity patients. 14 (4) The agency shall establish a technical advisory 15 panel to develop procedures and standards for measuring 16 outcomes of interventional cardiac programs. Members of the 17 panel shall include representatives of the Florida Hospital 18 Association, the Florida Society of Thoracic and 19 Cardiovascular Surgeons, the Florida Chapter of the American 20 College of Cardiology, and the Florida Chapter of the American 21 Heart Association and others who have experience in statistics 22 and outcome measurement. Based upon recommendations from the 23 panel, the agency shall develop and adopt for the 24 interventional cardiac programs rules that include at least 25 the following: 26 (a) A standard data set consisting primarily of data 27 elements reported to the agency in accordance with s. 408.061. 28 (b) A risk-adjustment procedure that accounts for the 29 variations in severity and case mix found in hospitals in this 30 state. 31 (c) Outcome standards specifying expected levels of 35 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 performance in Level I and Level II adult interventional 2 cardiology services. Such standards may include, but are not 3 limited to, inhospital mortality, infection rates, nonfatal 4 myocardial infarctions, length of stay, postoperative bleeds, 5 and returns to surgery. 6 (d) Specific steps to be taken by the agency and 7 licensing hospitals that do not meet the outcome standards 8 within specified time periods, including time periods for 9 detailed case reviews and development and implementation of 10 corrective action plans. 11 (9) The Secretary of Health Care Administration shall 12 appoint an advisory group to study the issue of replacing 13 certificate-of-need review of organ transplant programs under 14 this chapter with licensure regulation of organ transplant 15 programs under chapter 395. The advisory group shall include 16 three representatives of organ transplant providers, one 17 representative of an organ procurement organization, one 18 representative of the Division of Health Quality Assurance, 19 one representative of Medicaid, and one advocate for organ 20 transplant patients. The advisory group shall, at a minimum, 21 make recommendations regarding access to organs, delivery of 22 services to Medicaid and charity patients, staff training, and 23 resource requirements for organ transplant programs in a 24 report due to the secretary and the Legislature by July 1, 25 2005. 26 (10) The Secretary of Health Care Administration shall 27 appoint a work group to study certificate-of-need regulations 28 and changing market conditions related to the supply and 29 distribution of hospital beds. The assessment by the work 30 group shall include, but need not be limited to: 31 (a) The appropriateness of current certificate-of-need 36 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 methodologies and other criteria for evaluating proposals for 2 new hospitals and transfers of beds to new sites. 3 (b) Additional factors that should be considered, 4 including the viability of safety-net services, the extent of 5 market competition, and the accessibility of hospital 6 services. 7 8 The workgroup shall, by January 1, 2005, submit to the 9 secretary and the Legislature a report identifying specific 10 program areas and recommending needed changes in statutes and 11 rules. 12 Section 8. Section 408.038, Florida Statutes, is 13 amended to read: 14 408.038 Fees.--The agency shall assess fees on 15 certificate-of-need applications. Such fees shall be for the 16 purpose of funding the functions of the local health councils 17 and the activities of the agency and shall be allocated as 18 provided in s. 408.033. The fee shall be determined as 19 follows: 20 (1) A minimum base fee of $10,000 $5,000. 21 (2) In addition to the base fee of $10,000 $5,000, 22 0.015 of each dollar of proposed expenditure, except that a 23 fee may not exceed $50,000 $22,000. 24 Section 9. Subsections (1), paragraph (a) of 25 subsection (3), and paragraph (a) and (b) of subsection (4) of 26 section 408.039, are amended to read: 27 408.039 Review process.--The review process for 28 certificates of need shall be as follows: 29 (1) REVIEW CYCLES.--The agency by rule shall provide 30 for applications to be submitted on a timetable or cycle 31 basis; provide for review on a timely basis; and provide for 37 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 all completed applications pertaining to similar types of 2 services or facilities affecting the same service district to 3 be considered in relation to each other no less often than 4 annually two times a year. 5 (3) APPLICATION PROCESSING.-- 6 (a) An applicant shall file an application with the 7 agency, and shall furnish a copy of the application to the 8 local health council and the agency. Within 15 days after the 9 applicable application filing deadline established by agency 10 rule, the staff of the agency shall determine if the 11 application is complete. If the application is incomplete, 12 the staff shall request specific information from the 13 applicant necessary for the application to be complete; 14 however, the staff may make only one such request. If the 15 requested information is not filed with the agency within 21 16 days after of the receipt of the staff's request, the 17 application shall be deemed incomplete and deemed withdrawn 18 from consideration. 19 (4) STAFF RECOMMENDATIONS.-- 20 (a) The agency's review of and final agency action on 21 applications shall be in accordance with the district health 22 plan, and statutory criteria, and the implementing 23 administrative rules. In the application review process, the 24 agency shall give a preference, as defined by rule of the 25 agency, to an applicant which proposes to develop a nursing 26 home in a nursing home geographically underserved area. 27 (b) Within 60 days after all the applications in a 28 review cycle are determined to be complete, the agency shall 29 issue its State Agency Action Report and Notice of Intent to 30 grant a certificate of need for the project in its entirety, 31 to grant a certificate of need for identifiable portions of 38 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 the project, or to deny a certificate of need. The State 2 Agency Action Report shall set forth in writing its findings 3 of fact and determinations upon which its decision is based. 4 If a finding of fact or determination by the agency is counter 5 to the district health plan of the local health council, the 6 agency shall provide in writing its reason for its findings, 7 item by item, to the local health council. If the agency 8 intends to grant a certificate of need, the State Agency 9 Action Report or the Notice of Intent shall also include any 10 conditions which the agency intends to attach to the 11 certificate of need. The agency shall designate by rule a 12 senior staff person, other than the person who issues the 13 final order, to issue State Agency Action Reports and Notices 14 of Intent. 15 Section 10. Section 408.040, Florida Statutes, is 16 amended to read: 17 408.040 Conditions and monitoring.-- 18 (1)(a) The agency may issue a certificate of need, or 19 an exemption, predicated upon statements of intent expressed 20 by an applicant in the application for a certificate of need 21 or an exemption. Any conditions imposed on a certificate of 22 need or an exemption based on such statements of intent shall 23 be stated on the face of the certificate of need or in the 24 exemption approval. 25 (b) The agency may consider, in addition to the other 26 criteria specified in s. 408.035, a statement of intent by the 27 applicant that a specified percentage of the annual patient 28 days at the facility will be utilized by patients eligible for 29 care under Title XIX of the Social Security Act. Any 30 certificate of need issued to a nursing home in reliance upon 31 an applicant's statements that a specified percentage of 39 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 annual patient days will be utilized by residents eligible for 2 care under Title XIX of the Social Security Act must include a 3 statement that such certification is a condition of issuance 4 of the certificate of need. The certificate-of-need program 5 shall notify the Medicaid program office and the Department of 6 Elderly Affairs when it imposes conditions as authorized in 7 this paragraph in an area in which a community diversion pilot 8 project is implemented. 9 (c) A certificateholder or an exemption holder may 10 apply to the agency for a modification of conditions imposed 11 under paragraph (a) or paragraph (b). If the holder of a 12 certificate of need or an exemption demonstrates good cause 13 why the certificate or exemption should be modified, the 14 agency shall reissue the certificate of need or exemption with 15 such modifications as may be appropriate. The agency shall by 16 rule define the factors constituting good cause for 17 modification. 18 (d) If the holder of a certificate of need or an 19 exemption fails to comply with a condition upon which the 20 issuance of the certificate or exemption was predicated, the 21 agency may assess an administrative fine against the 22 certificateholder or exemption holder in an amount not to 23 exceed $1,000 per failure per day. Failure to annually report 24 compliance with any condition upon which the issuance of the 25 certificate or exemption was predicated constitutes 26 noncompliance. In assessing the penalty, the agency shall take 27 into account as mitigation the degree of noncompliance 28 relative lack of severity of a particular failure. Proceeds 29 of such penalties shall be deposited in the Public Medical 30 Assistance Trust Fund. 31 (2)(a) Unless the applicant has commenced 40 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 construction, if the project provides for construction, unless 2 the applicant has incurred an enforceable capital expenditure 3 commitment for a project, if the project does not provide for 4 construction, or unless subject to paragraph (b), a 5 certificate of need shall terminate 18 months after the date 6 of issuance. The agency shall monitor the progress of the 7 holder of the certificate of need in meeting the timetable for 8 project development specified in the application with the 9 assistance of the local health council as specified in s. 10 408.033(1)(b)5., and may revoke the certificate of need, if 11 the holder of the certificate is not meeting such timetable 12 and is not making a good-faith effort, as defined by rule, to 13 meet it. 14 (b) A certificate of need issued to an applicant 15 holding a provisional certificate of authority under chapter 16 651 shall terminate 1 year after the applicant receives a 17 valid certificate of authority from the Office of Insurance 18 Regulation of the Financial Services Commission. 19 (c) The certificate-of-need validity period for a 20 project shall be extended by the agency, to the extent that 21 the applicant demonstrates to the satisfaction of the agency 22 that good-faith commencement of the project is being delayed 23 by litigation or by governmental action or inaction with 24 respect to regulations or permitting precluding commencement 25 of the project. 26 (3) The agency shall require the submission of an 27 executed architect's certification of final payment for each 28 certificate-of-need project approved by the agency. Each 29 project that involves construction shall submit such 30 certification to the agency within 30 days following 31 completion of construction. 41 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 Section 11. Subsection (5) of section 408.043, Florida 2 Statutes, is repealed. 3 Section 12. Section 408.0455, Florida Statutes, is 4 amended to read: 5 408.0455 Rules; pending proceedings.--The rules of the 6 agency in effect on June 30, 2004 1997, shall remain in effect 7 and shall be enforceable by the agency with respect to ss. 8 408.031-408.045 until such rules are repealed or amended by 9 the agency, and no judicial or administrative proceeding 10 pending on July 1, 1997, shall be abated as a result of the 11 provisions of ss. 408.031-408.043(1) and (2); s. 408.044; or 12 s. 408.045. 13 Section 13. This act shall take effect July 1, 2004. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 Delete everything before the enacting clause 19 20 and insert: 21 A bill to be entitled 22 An act relating to certificate of need; 23 amending s. 395.003, F.S.; providing additional 24 conditions for the licensure or relicensure of 25 hospitals; exempting currently licensed 26 hospitals; amending s. 408.032, F.S.; 27 redefining terms relating to the Health 28 Facility and Services Development Act; deleting 29 the term "regional area"; amending s. 408.033, 30 F.S.; deleting provisions relating to regional 31 area health plans; transferring certain duties 42 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 from the Agency for Health Care Administration 2 to the Department of Health; deleting an agency 3 responsibility relating to orientation of local 4 health council members; deleting a requirement 5 that local health councils be partly funded by 6 application fees for certificates of need; 7 adding sources of funding for local health 8 councils; amending s. 408.034, F.S.; revising 9 criteria for certificate-of-need review and for 10 issuing licenses to health care facilities and 11 health service providers; revising criteria for 12 the nursing-home-bed-need methodology; amending 13 s. 408.035, F.S.; revising the criteria for 14 reviewing applications for certificate-of-need 15 determinations; amending s. 408.036, F.S.; 16 revising criteria for determining whether a 17 health-care-related project is subject to 18 review; providing that the replacement or 19 relocation of a nursing home is subject to 20 expedited review under specified conditions; 21 revising the criteria for determining whether a 22 project is subject to exemption from review 23 upon request; repealing the exemption for 24 specified services; adding an optional 25 exemption for neonatal intensive care units 26 that meet certain requirements; providing 27 exemptions for adding beds for comprehensive 28 rehabilitation, for beds in state mental health 29 treatment facilities, for beds in state mental 30 health treatment facilities and state mental 31 health forensic facilities, and for beds in 43 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 state developmental services institutions; 2 revising the criteria for optional exemption of 3 adult open-heart services; requiring the agency 4 to report annually to the Legislature specified 5 information concerning exemptions requested and 6 granted during the preceding calendar year; 7 adding an optional exemption for the provision 8 of percutaneous coronary intervention under 9 certain conditions; requiring health care 10 facilities and providers to provide to the 11 agency notice of the replacement of a health 12 care facility or a nursing home, in specified 13 circumstances, consolidation of nursing homes, 14 the termination of a health care service, and 15 the addition or delicensure of beds; amending 16 s. 408.0361, F.S., relating to compliance with 17 requirements imposed on diagnostic cardiac 18 catheterization services providers; revising 19 the scope of application, to include the 20 compliance required of cardiology services and 21 the licensure of burn units; requiring the 22 Secretary of Health Care Administration to 23 appoint an advisory group to study replacing 24 certificate-of-need review of organ transplant 25 programs with licensure regulation of organ 26 transplant providers; requiring a report to the 27 secretary and the Legislature; requiring the 28 secretary to appoint a work group to study 29 certificate-of-need regulation and changing 30 market conditions related to the supply and 31 distribution of hospital beds; requiring a 44 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 report to the secretary and the Legislature; 2 amending s. 408.038, F.S.; revising fees 3 assessed on certificate-of-need applications; 4 amending s. 408.039, F.S.; revising the review 5 process for certificates of need; requiring 6 shorter review cycles; deleting a requirement 7 to file a copy of the application with the 8 local health council; deleting a requirement to 9 consider the district health plan in reviewing 10 and taking action on the applications; amending 11 s. 408.040, F.S.; applying the conditions to 12 the issuance of a certificate of need to the 13 issuance of an exemption; providing that 14 certain failures to annually report compliance 15 with certain conditions to receiving a 16 certificate of need or an exemption constitute 17 noncompliance; repealing s. 408.043(5), F.S., 18 relating to the authority of a sole acute care 19 hospital in a high growth county to add beds 20 without agency review; amending s. 408.0455, 21 F.S.; providing for the rules of the agency 22 which are in effect on June 30, 2004, rather 23 than those in effect on June 30, 1997, to 24 remain in effect; providing an effective date. 25 26 WHEREAS, appropriate access to adult cardiac care is an 27 issue of critical state importance to all residents of the 28 state and to all health service planning districts of the 29 state, and 30 WHEREAS, the certificate-of-need process, for most 31 geographic areas in the state, has provided adequate access to 45 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 adult open-heart-surgery services to Floridians as well as 2 tourists, business travelers, indigents, and migrant workers 3 who receive such services, and 4 WHEREAS, the number of adult open-heart-surgery 5 programs in certain health service planning districts has not 6 kept pace with the dramatic increase in population in those 7 areas, and 8 WHEREAS, there have been numerous technological 9 advances in the area of primary angioplasty and stent 10 procedures known collectively as percutaneous coronary 11 interventions, and these advanced interventional treatments 12 provide the highest standard of care for people suffering 13 acute myocardial infarctions, and 14 WHEREAS, the success of these interventional treatments 15 requires immediate access (within 1 hour) to hospitals having 16 interventional technology and a backup open-heart-surgery 17 program, and 18 WHEREAS, hospitals that cannot perform percutaneous 19 coronary interventions must resort to the use of 20 thrombolytics, a less effective treatment in many instances, 21 and therefore adults in need of percutaneous coronary 22 interventions are being denied these procedures due to lack of 23 access, and 24 WHEREAS, diagnosis; discharge from the transferring 25 hospital; transfer arrangements, including, but not limited 26 to, insurance and administrative approval; transportation 27 availability; admission to the receiving hospital; staff 28 availability at the receiving hospital; and, most importantly, 29 bed availability at the receiving hospital as well as travel 30 delays to the receiving hospital contribute to the time taken 31 to effectuate a transfer of a cardiac patient, and 46 2:09 PM 03/30/04 h0329c-28c8h
SENATE AMENDMENT Bill No. HB 329 Amendment No. ___ Barcode 394000 1 WHEREAS, the Legislature finds that timely access and 2 availability for every adult in this state, regardless of 3 socioeconomic class or geographic location, to these 4 interventional treatments and open-heart surgery is of 5 critical state concern, especially because myocardial 6 infarctions and related coronary disease are no respecters of 7 location or time, and 8 WHEREAS, to ensure that it provides the quality of care 9 desired, each hospital that qualifies for the exemption 10 provided by this act will be subject to more stringent 11 criteria and will also be subject to continual monitoring by 12 the Agency for Health Care Administration, and 13 WHEREAS, the Legislature intends to ensure that 14 standards of quality are maintained while promoting 15 competition in the provision of adult cardiac care, NOW, 16 THEREFORE, 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 47 2:09 PM 03/30/04 h0329c-28c8h