Senate Bill sb2158
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    Florida Senate - 2006                                  SB 2158
    By Senator Bennett
    21-1130-06
  1                      A bill to be entitled
  2         An act relating to health care administration;
  3         amending s. 408.036, F.S., relating to
  4         health-care-related projects subject to review
  5         for a certificate of need; exempting class II
  6         specialty hospitals specializing in the
  7         delivery of health services to pediatric
  8         patients from the requirement to obtain a
  9         certificate of need from the Agency for Health
10         Care Administration; providing criteria for
11         such exemption; providing an effective date.
12  
13         WHEREAS, access to specialized pediatric care is an
14  issue of critical state importance, and
15         WHEREAS, Florida has experienced a significant increase
16  in its pediatric population of individuals under the age of 18
17  over the past 20 years, and
18         WHEREAS, the pediatric population is projected to
19  increase by another 50 percent over the next 30 years,
20  reaching 5,366,076 residents by 2030, resulting in this state
21  having the fourth largest population of children among all
22  states, and
23         WHEREAS, the expansion of this population will result
24  in a dramatic increase in the need for health care services
25  for pediatric patients, and
26         WHEREAS, the number of freestanding children's
27  hospitals in this state has not kept pace with the dramatic
28  increase in the pediatric population, and
29         WHEREAS, there have been numerous technological
30  advances in the area of pediatric services, and
31  
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    Florida Senate - 2006                                  SB 2158
    21-1130-06
 1         WHEREAS, Florida will need to expand opportunities to
 2  attract medical professionals who have specialized training
 3  and experience in pediatric health care, and
 4         WHEREAS, Florida must encourage organizations that have
 5  demonstrated experience in the treatment of pediatric patients
 6  elsewhere to bring their specialized resources and services to
 7  this state, and
 8         WHEREAS, Florida should encourage organizations to
 9  specialize in the care of pediatric patients by investing in
10  clinical research and education directed toward improving the
11  delivery of health services to pediatric patients, and
12         WHEREAS, the development of highly specialized
13  pediatric hospitals that have a commitment to medical
14  education and clinical research will augment the services
15  currently provided, and
16         WHEREAS, the existing regulatory process for obtaining
17  a certificate of need imposes substantial costs and delays for
18  organizations seeking to develop specialized pediatric
19  hospitals in this state, NOW, THEREFORE,
20  
21  Be It Enacted by the Legislature of the State of Florida:
22  
23         Section 1.  Paragraph (t) is added to subsection (3) of
24  section 408.036, Florida Statutes, to read:
25         408.036  Projects subject to review; exemptions.--
26         (3)  EXEMPTIONS.--Upon request, the following projects
27  are subject to exemption from the provisions of subsection
28  (1):
29         (t)  For the establishment of a pediatric hospital that
30  would be licensed as a class II specialty hospital restricted
31  to the sole treatment of pediatric patients. This exemption is
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    Florida Senate - 2006                                  SB 2158
    21-1130-06
 1  not applicable to a class I or general hospital seeking to
 2  designate a portion of its bed allocation to the treatment of
 3  pediatric patients.
 4         1.  Any class II specialty hospital established under
 5  this exemption may offer general inpatient pediatric care,
 6  outpatient care, and the following tertiary health services:
 7  pediatric cardiac catheterization, pediatric open heart
 8  surgery, Level II or Level III neonatal intensive care, solid
 9  organ transplants, and bone marrow transplants without
10  additional certificate-of-need review.
11         2.  To be entitled to an exemption under this
12  paragraph, the entity seeking the exemption must be the
13  applicant for the license and must:
14         a.  Have prior experience, within or outside the state,
15  in owning and operating a pediatric hospital that engages in
16  clinical research and medical education that is directed
17  toward improving the delivery of health services to pediatric
18  patients.
19         b.  Demonstrate the financial capability to incur the
20  necessary capital and operating costs required to develop a
21  pediatric hospital consistent with the provisions of this
22  paragraph.
23         c.  Commit to a construction schedule that would result
24  in the opening of one hospital no sooner than October, 2006.
25  Thereafter, the applicant shall formally assess the
26  feasibility of opening additional hospitals. If the
27  feasibility exists for establishing additional hospitals, the
28  applicant shall identify the most appropriate market and
29  timeframe for the opening of these additional hospital using
30  the following factors:
31  
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    Florida Senate - 2006                                  SB 2158
    21-1130-06
 1         (I)  Population demographics and dynamics, including,
 2  but not limited to, the area's current and projected pediatric
 3  population and the area's current and projected population of
 4  special needs children;
 5         (II)  The availability, use, and quality of pediatric
 6  services in the area;
 7         (III)  The availability, use, and quality of medical
 8  education and clinical research opportunities for pediatric
 9  residents and fellows in the area;
10         (IV)  National medical-treatment trends in pediatric
11  care;
12         (V)  Market conditions; and
13         (VI)  Any other relevant planning factors related to
14  the delivery of state-of-the-art pediatric services.
15         d.  Certify that it will engage in clinical research
16  directed toward improving the delivery of health services to
17  pediatric patients in each of its hospitals.
18         e.  Certify that it will fund graduate programs in
19  medical education which are directed toward improving the
20  delivery of health services to pediatric patients in each of
21  its hospitals authorized under this paragraph.
22         f.  Commit to providing inpatient services to Medicaid
23  and charity care patients in each hospital authorized under
24  this paragraph at a level equal to or greater than the
25  health-service-planning average for pediatric patients in the
26  district.
27         g.  Certify that during the first 5 years of operating
28  a hospital authorized under this paragraph, it will not seek
29  to license or operate more than 120 inpatient pediatric beds
30  and that no more than 15 of those 120 beds will be used for
31  Level II or Level III neonatal intensive care services.
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    Florida Senate - 2006                                  SB 2158
    21-1130-06
 1         Section 2.  This act shall take effect upon becoming a
 2  law.
 3  
 4            *****************************************
 5                          SENATE SUMMARY
 6    Relates to health-care-related projects subject to review
      for a certificate of need. Exempts certain projects
 7    involving hospitals specializing in the delivery of
      health services to pediatric patients.
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