| 1 | The Health Care Appropriations Committee recommends the | 
| 2 | following: | 
| 3 | 
 | 
| 4 | Council/Committee Substitute | 
| 5 | Remove the entire bill and insert: | 
| 6 | A bill to be entitled | 
| 7 | An act relating to trauma services; amending s. 395.4001, | 
| 8 | F.S.; providing definitions; repealing s. 395.4035, F.S., | 
| 9 | to terminate the Trauma Services Trust Fund; amending s. | 
| 10 | 395.4036, F.S.; revising provisions relating to | 
| 11 | distribution of funds to trauma centers and use thereof; | 
| 12 | creating s. 395.41, F.S.; establishing a trauma center | 
| 13 | startup grant program; providing conditions for the | 
| 14 | receipt of a startup grant; providing limitations; making | 
| 15 | the trauma center startup grant program subject to an | 
| 16 | appropriation in the General Appropriations Act; providing | 
| 17 | a contingent effective date. | 
| 18 | 
 | 
| 19 | Be It Enacted by the Legislature of the State of Florida: | 
| 20 | 
 | 
| 21 | Section 1.  Section 395.4001, Florida Statutes, is amended | 
| 22 | to read: | 
| 23 | 395.4001  Definitions.--As used in this part, the term: | 
| 24 | (1)  "Agency" means the Agency for Health Care | 
| 25 | Administration. | 
| 26 | (2)  "Charity care" or "uncompensated trauma care" means | 
| 27 | that portion of hospital charges reported to the agency for | 
| 28 | which there is no compensation, other than restricted or | 
| 29 | unrestricted revenues provided to a hospital by local | 
| 30 | governments or tax districts regardless of method of payment, | 
| 31 | for care provided to a patient whose family income for the 12 | 
| 32 | months preceding the determination is less than or equal to 200 | 
| 33 | percent of the federal poverty level, unless the amount of | 
| 34 | hospital charges due from the patient exceeds 25 percent of the | 
| 35 | annual family income. However, in no case shall the hospital | 
| 36 | charges for a patient whose family income exceeds four times the | 
| 37 | federal poverty level for a family of four be considered | 
| 38 | charity. | 
| 39 | (3)  "Department" means the Department of Health. | 
| 40 | (4)  "Interfacility trauma transfer" means the transfer of | 
| 41 | a trauma victim between two facilities licensed under this | 
| 42 | chapter, pursuant to this part. | 
| 43 | (5)  "International Classification Injury Severity Score" | 
| 44 | means the statistical method for computing the severity of | 
| 45 | injuries sustained by trauma patients. The International | 
| 46 | Classification Injury Severity Score shall be the methodology | 
| 47 | used by the department and trauma centers to report the severity | 
| 48 | of an injury. | 
| 49 | (6) (5)"Level I trauma center" means a trauma center that: | 
| 50 | (a)  Has formal research and education programs for the | 
| 51 | enhancement of trauma care; is verified by the department to be | 
| 52 | in substantial compliance with Level I trauma center and | 
| 53 | pediatric trauma center standards; and has been approved by the | 
| 54 | department to operate as a Level I trauma center. | 
| 55 | (b)  Serves as a resource facility to Level II trauma | 
| 56 | centers, pediatric trauma centers, and general hospitals through | 
| 57 | shared outreach, education, and quality improvement activities. | 
| 58 | (c)  Participates in an inclusive system of trauma care, | 
| 59 | including providing leadership, system evaluation, and quality | 
| 60 | improvement activities. | 
| 61 | (7) (6)"Level II trauma center" means a trauma center | 
| 62 | that: | 
| 63 | (a)  Is verified by the department to be in substantial | 
| 64 | compliance with Level II trauma center standards and has been | 
| 65 | approved by the department to operate as a Level II trauma | 
| 66 | center. | 
| 67 | (b)  Serves as a resource facility to general hospitals | 
| 68 | through shared outreach, education, and quality improvement | 
| 69 | activities. | 
| 70 | (c)  Participates in an inclusive system of trauma care. | 
| 71 | (8)  "Local funding contribution" means local municipal, | 
| 72 | county, or tax district funding exclusive of any patient- | 
| 73 | specific funds received pursuant to ss. 154.301-154.316, private | 
| 74 | foundation funding, or public or private grant funding of at | 
| 75 | least $150,000 received by a hospital or health care system that | 
| 76 | operates a trauma center. | 
| 77 | (9) (7)"Pediatric trauma center" means a hospital that is | 
| 78 | verified by the department to be in substantial compliance with | 
| 79 | pediatric trauma center standards as established by rule of the | 
| 80 | department and has been approved by the department to operate as | 
| 81 | a pediatric trauma center. | 
| 82 | (10) (8)"Provisional trauma center" means a hospital that | 
| 83 | has been verified by the department to be in substantial | 
| 84 | compliance with the requirements in s. 395.4025 and has been | 
| 85 | approved by the department to operate as a provisional Level I | 
| 86 | trauma center, Level II trauma center, or pediatric trauma | 
| 87 | center. | 
| 88 | (11) (9)"Trauma agency" means a department-approved agency | 
| 89 | established and operated by one or more counties, or a | 
| 90 | department-approved entity with which one or more counties | 
| 91 | contract, for the purpose of administering an inclusive regional | 
| 92 | trauma system. | 
| 93 | (12) (10)"Trauma alert victim" means a person who has | 
| 94 | incurred a single or multisystem injury due to blunt or | 
| 95 | penetrating means or burns, who requires immediate medical | 
| 96 | intervention or treatment, and who meets one or more of the | 
| 97 | adult or pediatric scorecard criteria established by the | 
| 98 | department by rule. | 
| 99 | (13)  "Trauma caseload volume" means the number of trauma | 
| 100 | patients reported by individual trauma centers to the Trauma | 
| 101 | Registry and validated by the department. | 
| 102 | (14) (11)"Trauma center" means a hospital that has been | 
| 103 | verified by the department to be in substantial compliance with | 
| 104 | the requirements in s. 395.4025 and has been approved by the | 
| 105 | department to operate as a Level I trauma center, Level II | 
| 106 | trauma center, or pediatric trauma center. | 
| 107 | (15)  "Trauma patient" means a person who has incurred a | 
| 108 | physical injury or wound caused by trauma and has accessed a | 
| 109 | trauma center. | 
| 110 | (16) (12)"Trauma scorecard" means a statewide methodology | 
| 111 | adopted by the department by rule under which a person who has | 
| 112 | incurred a traumatic injury is graded as to the severity of his | 
| 113 | or her injuries or illness and which methodology is used as the | 
| 114 | basis for making destination decisions. | 
| 115 | (17) (13)"Trauma transport protocol" means a document | 
| 116 | which describes the policies, processes, and procedures | 
| 117 | governing the dispatch of vehicles, the triage, prehospital | 
| 118 | transport, and interfacility trauma transfer of trauma victims. | 
| 119 | (18) (14)"Trauma victim" means any person who has incurred | 
| 120 | a single or multisystem injury due to blunt or penetrating means | 
| 121 | or burns and who requires immediate medical intervention or | 
| 122 | treatment. | 
| 123 | Section 2.  Section 395.4035, Florida Statutes, is | 
| 124 | repealed. | 
| 125 | Section 3.  Subsection (1) of section 395.4036, Florida | 
| 126 | Statutes, is amended to read: | 
| 127 | 395.4036  Trauma payments.-- | 
| 128 | (1)  Recognizing the Legislature's stated intent to provide | 
| 129 | financial support to the current verified trauma centers and to | 
| 130 | provide incentives for the establishment of additional trauma | 
| 131 | centers as part of a system of state-sponsored trauma centers, | 
| 132 | the department shall utilize funds collected under s. | 
| 133 | 318.18(15) (14)and deposited into the Administrative Trust Fund | 
| 134 | of the department to ensure the availability and accessibility | 
| 135 | of trauma services throughout the state as provided in this | 
| 136 | subsection. | 
| 137 | (a)  Twenty percent of the total funds collected under this | 
| 138 | subsection during the state fiscal year shall be distributed to | 
| 139 | verified trauma centers located in a regionthat havehasa | 
| 140 | local funding contribution as of December 31. Distribution of | 
| 141 | funds under this paragraph shall be based on trauma caseload | 
| 142 | volume for the most recent calendar year available. | 
| 143 | (b)  Forty percent of the total funds collected under this | 
| 144 | subsection shall be distributed to verified trauma centers based | 
| 145 | on trauma caseload volume for ofthe most recentprevious | 
| 146 | calendar year available. The determination of caseload volume | 
| 147 | for distribution of funds under this paragraph shall be based on | 
| 148 | the department's Trauma Registry data. | 
| 149 | (c)  Forty percent of the total funds collected under this | 
| 150 | subsection shall be distributed to verified trauma centers based | 
| 151 | on severity of trauma patients for the most recent calendar year | 
| 152 | available. The determination of severity for distribution of | 
| 153 | funds under this paragraph shall be based on the department's | 
| 154 | International Classification Injury Severity Scores or another | 
| 155 | statistically valid and scientifically accepted method of | 
| 156 | stratifying a trauma patient's severity of injury, risk of | 
| 157 | mortality, and resource consumption as adopted by the department | 
| 158 | by rule, weighted based on the costs associated with and | 
| 159 | incurred by the trauma center in treating trauma patients. The | 
| 160 | weighting of scores shall be established by the department by | 
| 161 | rule scores of 1-14 and 15 plus. | 
| 162 | 
 | 
| 163 | Funds deposited in the department's Administrative Trust Fund | 
| 164 | for verified trauma centers may be used to maximize the receipt | 
| 165 | of federal funds that may be available for such trauma centers. | 
| 166 | Notwithstanding this section and s. 318.14, distributions to | 
| 167 | trauma centers may be adjusted in a manner to ensure that total | 
| 168 | payments to trauma centers represent the same proportional | 
| 169 | allocation as set forth in this section and s. 318.14. For | 
| 170 | purposes of this section and s. 318.14, total funds distributed | 
| 171 | to trauma centers may include revenue from the Administrative | 
| 172 | Trust Fund and federal funds for which revenue from the | 
| 173 | Administrative Trust Fund is used to meet state or local | 
| 174 | matching requirements. Funds collected under ss. 318.14 and | 
| 175 | 318.18(15) and deposited in the Administrative Trust Fund of the | 
| 176 | department shall be distributed to trauma centers on a quarterly | 
| 177 | basis using the most recent calendar year data available. Such | 
| 178 | data shall not be used for more than four quarterly | 
| 179 | distributions unless there are extenuating circumstances as | 
| 180 | determined by the department, in which case the most recent | 
| 181 | calendar year data available shall continue to be used and | 
| 182 | appropriate adjustments shall be made as soon as the more recent | 
| 183 | data becomes available. Trauma centers may request that their | 
| 184 | distributions from the Administrative Trust Fund be used as | 
| 185 | intergovernmental transfer funds in the Medicaid program. | 
| 186 | Section 4.  Section 395.41, Florida Statutes, is created to | 
| 187 | read: | 
| 188 | 395.41  Trauma center startup grant program.--There is | 
| 189 | established a trauma center startup grant program. | 
| 190 | (1)  The Legislature recognizes the need for a statewide, | 
| 191 | cohesive, uniform, and integrated trauma system, and the | 
| 192 | Legislature acknowledges that the state has been divided into | 
| 193 | trauma service areas. Each of the trauma service areas should | 
| 194 | have at least one trauma center; however, some trauma service | 
| 195 | areas do not have a trauma center because of the significant up- | 
| 196 | front investment of capital required for hospitals to develop | 
| 197 | the physical space, equipment, and qualified personnel necessary | 
| 198 | to provide quality trauma services. | 
| 199 | (2)  An acute care general hospital that has submitted a | 
| 200 | letter of intent and an application to become a trauma center | 
| 201 | pursuant to s. 395.4025 may apply to the department for a | 
| 202 | startup grant. The grant applicant must demonstrate that: | 
| 203 | (a)  There are currently no other trauma centers in the | 
| 204 | hospital's trauma service area as established under s. 395.402. | 
| 205 | (b)  There is not a trauma center within a 100-mile radius | 
| 206 | of the proposed trauma center. | 
| 207 | (c)  The hospital has received a local funding contribution | 
| 208 | as defined under s. 395.4001. | 
| 209 | (d)  The hospital has incurred startup costs in excess of | 
| 210 | the amount of grant funding requested. | 
| 211 | (e)  The hospital is pursuing the establishment of a | 
| 212 | residency program in internal medicine or emergency medicine. | 
| 213 | (3)  A hospital receiving startup grant funding that does | 
| 214 | not become a provisional trauma center within 24 months after | 
| 215 | submitting an application to become a trauma center must forfeit | 
| 216 | any state grant funds received pursuant to this section. | 
| 217 | (4)  A hospital that receives startup grant funding may not | 
| 218 | receive more than $500,000, must ensure that the startup grant | 
| 219 | funding is matched on a dollar-for-dollar basis with a local | 
| 220 | funding contribution, and shall receive startup grant funding | 
| 221 | only one time. | 
| 222 | Section 5.  This act shall take effect July 1, 2006, except | 
| 223 | that section 395.41, Florida Statutes, as created by this act, | 
| 224 | shall take effect subject to an appropriation for the trauma | 
| 225 | center startup grant program in the 2006-2007 General | 
| 226 | Appropriations Act. |