HB 0763

1	A bill to be entitled
2	An act relating to Critical Access Hospitals; amending s.
3	395.002, F.S.; revising the definition of "hospital" to
4	provide an exception with regard to facilities offered by
5	a Critical Access Hospital; correcting a cross reference;
6	amending s. 408.07, F.S.; defining the term "Critical
7	Access Hospital"; revising the definition of "rural
8	hospital"; amending ss. 395.003, 408.061, 458.345, and
9	459.021, F.S.; correcting cross references; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsections (13) and (24) of section 395.002,
15	Florida Statutes, are amended to read:
16	395.002  Definitions.--As used in this chapter:
17	(13)  "Hospital" means any establishment that:
18	(a)  Offers services more intensive than those required for
19	room, board, personal services, and general nursing care, and
20	offers facilities and beds for use beyond 24 hours by
21	individuals requiring diagnosis, treatment, or care for illness,
22	injury, deformity, infirmity, abnormality, disease, or
23	pregnancy.; and
24	(b)  Regularly makes available at least clinical laboratory
25	services, diagnostic X-ray services, and treatment facilities
26	for surgery or obstetrical care, or other definitive medical
27	treatment of similar extent, except that a Critical Access
28	Hospital, as defined in s. 408.07, shall not be required to make
29	available treatment facilities for surgery, obstetrical care, or
30	similar services as long as it maintains its Critical Access
31	Hospital designation and shall be required to make such
32	facilities available only if it ceases to be designated as a
33	Critical Access Hospital.
34
35	However, the provisions of this chapter do not apply to any
36	institution conducted by or for the adherents of any well-
37	recognized church or religious denomination that depends
38	exclusively upon prayer or spiritual means to heal, care for, or
39	treat any person. For purposes of local zoning matters, the term
40	"hospital" includes a medical office building located on the
41	same premises as a hospital facility, provided the land on which
42	the medical office building is constructed is zoned for use as a
43	hospital; provided the premises were zoned for hospital purposes
44	on January 1, 1992.
45	(24)  "Premises" means those buildings, beds, and equipment
46	located at the address of the licensed facility and all other
47	buildings, beds, and equipment for the provision of hospital,
48	ambulatory surgical, or mobile surgical care located in such
49	reasonable proximity to the address of the licensed facility as
50	to appear to the public to be under the dominion and control of
51	the licensee. For any licensee that is a teaching hospital as
52	defined in s. 408.07(45)(44), reasonable proximity includes any
53	buildings, beds, services, programs, and equipment under the
54	dominion and control of the licensee that are located at a site
55	with a main address that is within 1 mile of the main address of
56	the licensed facility; and all such buildings, beds, and
57	equipment may, at the request of a licensee or applicant, be
58	included on the facility license as a single premises.
59	Section 2.  Subsections (15) through (44) of section
60	408.07, Florida Statutes, are renumbered as subsections (16)
61	through (45), respectively, paragraph (e) of subsection (42) is
62	amended, and a new subsection (15) is added to said section, to
63	read:
64	408.07  Definitions.--As used in this chapter, with the
65	exception of ss. 408.031-408.045, the term:
66	(15)  "Critical Access Hospital" means a hospital that
67	meets the definition of "critical access hospital" in s.
68	1861(mm)(1) of the Social Security Act and that is certified by
69	the Secretary of Health and Human Services as a critical access
70	hospital.
71	(43)(42)  "Rural hospital" means an acute care hospital
72	licensed under chapter 395, having 100 or fewer licensed beds
73	and an emergency room, and which is:
74	(e)  A hospital designated as a Critical Access Hospital by
75	the Department of Health in accordance with federal regulations
76	and state requirements.
77
78	Population densities used in this subsection must be based upon
79	the most recently completed United States census. A hospital
80	that received funds under s. 409.9116 for a quarter beginning no
81	later than July 1, 2002, is deemed to have been and shall
82	continue to be a rural hospital from that date through June 30,
83	2012, if the hospital continues to have 100 or fewer licensed
84	beds and an emergency room, or meets the criteria of s.
85	395.602(2)(e)4. An acute care hospital that has not previously
86	been designated as a rural hospital and that meets the criteria
87	of this subsection shall be granted such designation upon
88	application, including supporting documentation, to the Agency
89	for Health Care Administration.
90	Section 3.  Paragraph (e) of subsection (2) of section
91	395.003, Florida Statutes, is amended to read:
92	395.003  Licensure; issuance, renewal, denial,
93	modification, suspension, and revocation.--
94	(2)
95	(e)  The agency shall, at the request of a licensee that is
96	a teaching hospital as defined in s. 408.07(45)(44), issue a
97	single license to a licensee for facilities that have been
98	previously licensed as separate premises, provided such
99	separately licensed facilities, taken together, constitute the
100	same premises as defined in s. 395.002(24). Such license for the
101	single premises shall include all of the beds, services, and
102	programs that were previously included on the licenses for the
103	separate premises. The granting of a single license under this
104	paragraph shall not in any manner reduce the number of beds,
105	services, or programs operated by the licensee.
106	Section 4.  Subsection (4) of section 408.061, Florida
107	Statutes, is amended to read:
108	408.061  Data collection; uniform systems of financial
109	reporting; information relating to physician charges;
110	confidential information; immunity.--
111	(4)  Within 120 days after the end of its fiscal year, each
112	health care facility, excluding continuing care facilities and
113	nursing homes as defined in s. 408.07(14) and (37)(36), shall
114	file with the agency, on forms adopted by the agency and based
115	on the uniform system of financial reporting, its actual
116	financial experience for that fiscal year, including
117	expenditures, revenues, and statistical measures. Such data may
118	be based on internal financial reports which are certified to be
119	complete and accurate by the provider. However, hospitals'
120	actual financial experience shall be their audited actual
121	experience. Every nursing home shall submit to the agency, in a
122	format designated by the agency, a statistical profile of the
123	nursing home residents. The agency, in conjunction with the
124	Department of Elderly Affairs and the Department of Health,
125	shall review these statistical profiles and develop
126	recommendations for the types of residents who might more
127	appropriately be placed in their homes or other noninstitutional
128	settings.
129	Section 5.  Subsection (1) of section 458.345, Florida
130	Statutes, is amended to read:
131	458.345  Registration of resident physicians, interns, and
132	fellows; list of hospital employees; prescribing of medicinal
133	drugs; penalty.--
134	(1)  Any person desiring to practice as a resident
135	physician, assistant resident physician, house physician,
136	intern, or fellow in fellowship training which leads to
137	subspecialty board certification in this state, or any person
138	desiring to practice as a resident physician, assistant resident
139	physician, house physician, intern, or fellow in fellowship
140	training in a teaching hospital in this state as defined in s.
141	408.07(45)(44) or s. 395.805(2), who does not hold a valid,
142	active license issued under this chapter shall apply to the
143	department to be registered and shall remit a fee not to exceed
144	$300 as set by the board. The department shall register any
145	applicant the board certifies has met the following
146	requirements:
147	(a)  Is at least 21 years of age.
148	(b)  Has not committed any act or offense within or without
149	the state which would constitute the basis for refusal to
150	certify an application for licensure pursuant to s. 458.331.
151	(c)  Is a graduate of a medical school or college as
152	specified in s. 458.311(1)(f).
153	Section 6.  Subsection (1) of section 459.021, Florida
154	Statutes, is amended to read:
155	459.021  Registration of resident physicians, interns, and
156	fellows; list of hospital employees; penalty.--
157	(1)  Any person who holds a degree of Doctor of Osteopathic
158	Medicine from a college of osteopathic medicine recognized and
159	approved by the American Osteopathic Association who desires to
160	practice as a resident physician, assistant resident physician,
161	house physician, intern, or fellow in fellowship training which
162	leads to subspecialty board certification in this state, or any
163	person desiring to practice as a resident physician, assistant
164	resident physician, house physician, intern, or fellow in
165	fellowship training in a teaching hospital in this state as
166	defined in s. 408.07(45)(44) or s. 395.805(2), who does not hold
167	an active license issued under this chapter shall apply to the
168	department to be registered, on an application provided by the
169	department, within 30 days of commencing such a training program
170	and shall remit a fee not to exceed $300 as set by the board.
171	Section 7.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.