Senate Bill sb0662c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 662
By the Committee on Community Affairs; and Senator Clary
578-1908-05
1 A bill to be entitled
2 An act relating to hospitals that provide
3 charity care; creating a commission to study
4 the effect of the 2004 hurricane season on
5 certain hospitals and identify hospitals unable
6 to comply with the Florida Building Code or
7 located in flood-prone areas; providing for
8 membership, reimbursement, and duties of the
9 study commission; requiring the Department of
10 Community Affairs to provide staff for the
11 study commission; requiring the commission to
12 submit a report and recommendations to the
13 Governor and the Legislature; providing an
14 effective date.
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16 WHEREAS, the state of Florida experienced four major
17 hurricanes during 2004, and
18 WHEREAS, the state recognizes the importance of
19 maintaining a system of hospitals throughout the state to
20 ensure that the underserved population has access to hospitals
21 when the need arises and acknowledges that these hospitals
22 serve a critical state purpose in providing this care, and
23 WHEREAS, it is an important state interest to ensure
24 that these hospitals continue to provide health care services
25 to the state's underserved populations, and
26 WHEREAS, many hospitals and health care facilities
27 sustained significant structural damage to their facilities in
28 2004, and
29 WHEREAS, hospitals that provide the majority of
30 safety-net care for indigent and charity cases were forced to
31 operate in facilities that were not structurally sound, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 662
578-1908-05
1 WHEREAS, these hospitals do not have the ability to
2 care for patients at alternative sites during natural
3 disasters, and
4 WHEREAS, these hospitals do not have the capital needed
5 to invest in the significant infrastructure costs associated
6 with hurricane damage, and
7 WHEREAS, these hospitals have been in existence for
8 many years and have become geographically place-bound, with
9 little opportunity to expand beyond their current property
10 lines, NOW, THEREFORE,
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. (1) STUDY COMMISSION.--There is created a
15 study commission to address critical issues relating to
16 hospitals serving indigent populations and licensed under
17 chapter 395, Florida Statutes, which sustained significant
18 damage to their facilities during the 2004 hurricane season.
19 (2) SUBJECT OF STUDY.--
20 (a) The commission shall identify:
21 1. All hospitals that are currently not able to comply
22 with the provisions of the Florida Building Code as defined in
23 chapter 553, Florida Statutes, and any associated
24 administrative rules;
25 2. Hospitals that are located within 10 miles of the
26 coastline; and
27 3. Hospitals that are located in a designated flood
28 zone.
29 (b) The study commission shall make recommendations
30 for allowing these hospitals to find alternative methods of
31 renovating their existing facility in order to meet the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 662
578-1908-05
1 requirements of the Florida Building Code. The commission
2 shall review all alternatives that could be made available to
3 those hospitals when renovation is not financially practicable
4 or structurally feasible. The commission shall review existing
5 laws and agency rules and recommend needed changes to address
6 these issues.
7 (3) REPORT.--The commission shall meet by September 1,
8 2005, and shall submit recommendations, including
9 recommendations for statutory changes, to the Governor, the
10 President of the Senate, and the Speaker of the House of
11 Representatives by January 1, 2006. Such recommendations shall
12 also include an evaluation of whether grant funds should be
13 made available to assist hospitals with the cost of
14 reconstructing existing facilities.
15 (4) MEMBERSHIP.--The study commission shall be staffed
16 by the Department of Community Affairs and shall include:
17 (a) The Secretary of Community Affairs, or his or her
18 designee;
19 (b) The Director of the Division of Emergency
20 Management, or his or her designee;
21 (c) The Secretary of Health Care Administration, or
22 his or her designee;
23 (d) Four representatives of hospitals from regions of
24 the state where hospitals experienced significant hurricane
25 damage during 2004, with two members appointed by the
26 President of the Senate and two members appointed by the
27 Speaker of the House of Representatives;
28 (e) The Secretary of Health, or his or her designee;
29 and
30 (f) A director of county emergency management,
31 selected by the Florida Emergency Preparedness Association.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 662
578-1908-05
1 (5) REIMBURSEMENT.--Members of the study commission
2 shall serve without remuneration, but are entitled to
3 reimbursement in accordance with section 112.061, Florida
4 Statutes, for per diem and travel expenses incurred in
5 performing their duties in accordance with this section.
6 Section 2. This act shall take effect upon becoming a
7 law.
8
9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 Senate Bill 662
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12 The CS deletes requirements for the commission to recommend
possible exemptions from Certificate of Need review and to
13 recommend whether hospitals within 10 miles of the coastline
should be allowed to have satellite beds.
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The CS adds four additional representatives to the commission
15 (two appointed by the Senate President and two appointed by
the Speaker of the House of Representatives).
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The CS provides for the appointment to the commission of a
17 county director of emergency management by the Florida
Emergency Preparedness Association (instead of the Association
18 of Counties).
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CODING: Words stricken are deletions; words underlined are additions.