HB 395

1	A bill to be entitled
2	An act relating to the University of Florida J. Hillis
3	Miller Health Center; amending s. 1004.41, F.S.;
4	correcting the name of one of the health center's
5	colleges; specifying that the University of Florida Board
6	of Trustees shall lease the hospital facilities of the
7	Shands Teaching Hospital and Clinics on the Gainesville
8	campus to Shands Teaching Hospital and Clinics, Inc.;
9	specifying the primary purpose of Shands Teaching Hospital
10	and Clinics, Inc.; providing requirements for the lease,
11	contract, or agreement; authorizing the creation of
12	corporate subsidiaries and affiliates; providing the right
13	of control; providing requirements relating to sovereign
14	immunity; providing that Shands Jacksonville Medical
15	Center, Inc., and its parent, Shands Jacksonville
16	Healthcare, Inc., are private not-for-profit corporations
17	organized primarily to support the health affairs mission
18	of the University of Florida Board of Trustees;
19	authorizing the creation of corporate subsidiaries and
20	affiliates; providing the right of control; providing
21	requirements relating to sovereign immunity; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 1004.41, Florida Statutes, is amended
27	to read:
28	1004.41  University of Florida; J. Hillis Miller Health
29	Center.-
30	(1)  There is established the J. Hillis Miller Health
31	Center at the University of Florida, including campuses at
32	Gainesville and Jacksonville and affiliated teaching hospitals,
33	which shall include the following colleges:
34	(a)  College of Dentistry.
35	(b)  College of Public Health and Health Professions.
36	(c)  College of Medicine.
37	(d)  College of Nursing.
38	(e)  College of Pharmacy.
39	(f)  College of Veterinary Medicine and related teaching
40	hospitals.
41	(2)  Each college of the health center shall be so
42	maintained and operated as to comply with the standards approved
43	by a nationally recognized association for accreditation.
44	(3)(a)  The University of Florida Health Center Operations
45	and Maintenance Trust Fund shall be administered by the
46	University of Florida Board of Trustees. Funds shall be credited
47	to the trust fund from the sale of goods and services performed
48	by the University of Florida Veterinary Medicine Teaching
49	Hospital. The purpose of the trust fund is to support the
50	instruction, research, and service missions of the University of
51	Florida College of Veterinary Medicine.
52	(b)  Notwithstanding the provisions of s. 216.301, and
53	pursuant to s. 216.351, any balance in the trust fund at the end
54	of any fiscal year shall remain in the trust fund and shall be
55	available for carrying out the purposes of the trust fund.
56	(4)(a)  The University of Florida Board of Trustees shall
57	lease the hospital facilities of the health center known as the
58	Shands Teaching Hospital and Clinics on the Gainesville campus
59	of the University of Florida, and all furnishings, equipment,
60	and other chattels or choses in action used in the operation of
61	the hospital, to Shands Teaching Hospital and Clinics, Inc., a
62	private not-for-profit corporation organized solely for the
63	primary purpose of supporting the University of Florida Board of
64	Trustees' health affairs mission of community service and
65	patient care, education and training of health professionals,
66	and clinical research. In furtherance of that primary purpose,
67	Shands Teaching Hospital and Clinics, Inc., shall operate
68	operating the hospital and ancillary health care facilities as
69	deemed of the health center and other health care facilities and
70	programs determined to be necessary by the board of the Shands
71	Teaching Hospital and Clinics, Inc. nonprofit corporation. The
72	rental for the hospital facilities shall be an amount equal to
73	the debt service on bonds or revenue certificates issued solely
74	for capital improvements to the hospital facilities or as
75	otherwise provided by law.
76	(b)  The University of Florida Board of Trustees shall
77	provide in the lease or by separate contract or agreement with
78	Shands Teaching Hospital and Clinics, Inc., the not-for-profit
79	corporation for the following:
80	1.  Approval of the articles of incorporation of Shands
81	Teaching Hospital and Clinics, Inc., the not-for-profit
82	corporation by the University of Florida Board of Trustees and
83	the governance of that the not-for-profit corporation by a board
84	of directors appointed, subject to removal, and chaired by the
85	President of the University of Florida, or his or her designee,
86	and vice chaired by the Vice President for Health Affairs of the
87	University of Florida or his or her designee.
88	2.  The use of hospital facilities and personnel in support
89	of community service and patient care, the research programs,
90	and of the teaching role of the health center.
91	3.  The continued recognition of the collective bargaining
92	units and collective bargaining agreements as currently composed
93	and recognition of the certified labor organizations
94	representing those units and agreements.
95	4.  The use of hospital facilities and personnel in
96	connection with research programs conducted by the health
97	center.
98	5.  Reimbursement to the hospital for indigent patients,
99	state-mandated programs, underfunded state programs, and costs
100	to the hospital for support of the teaching and research
101	programs of the health center. Such reimbursement shall be
102	appropriated to either the health center or the hospital each
103	year by the Legislature after review and approval of the request
104	for funds.
105	(c)  The University of Florida Board of Trustees may, with
106	the approval of the Legislature, increase the hospital
107	facilities or remodel or renovate them, provided that the rental
108	paid by the hospital for such new, remodeled, or renovated
109	facilities is sufficient to amortize the costs thereof over a
110	reasonable period of time or fund the debt service for any bonds
111	or revenue certificates issued to finance such improvements.
112	(d)  The University of Florida Board of Trustees is
113	authorized to provide to Shands Teaching Hospital and Clinics,
114	Inc., the not-for-profit corporation leasing the hospital
115	facilities, and its not-for-profit subsidiaries and affiliates,
116	comprehensive general liability insurance, including
117	professional liability, from a self-insurance trust program
118	established pursuant to s. 1004.24.
119	(e)  Shands Teaching Hospital and Clinics, Inc., may, in
120	support of the health affairs mission of the University of
121	Florida Board of Trustees and with its prior approval, create
122	either for-profit or not-for-profit corporate subsidiaries and
123	affiliates, or both. The University of Florida Board of
124	Trustees, which may act through the President of the University
125	of Florida or his or her designee, has the right to control
126	Shands Teaching Hospital and Clinics, Inc. Shands Teaching
127	Hospital and Clinics, Inc., and any not-for-profit subsidiary
128	shall be conclusively deemed corporations primarily acting as
129	instrumentalities of the state, pursuant to s. 768.28(2), for
130	purposes of sovereign immunity.
131	(f)(e)  In the event that the lease of the hospital
132	facilities to Shands Teaching Hospital and Clinics, Inc., the
133	not-for-profit corporation is terminated for any reason, the
134	University of Florida Board of Trustees shall resume management
135	and operation of the hospital facilities. In such event, the
136	University of Florida Board of Trustees is authorized to utilize
137	revenues generated from the operation of the hospital facilities
138	to pay the costs and expenses of operating the hospital facility
139	for the remainder of the fiscal year in which such termination
140	occurs.
141	(5)(a)  Shands Jacksonville Medical Center, Inc., and its
142	parent, Shands Jacksonville Healthcare, Inc., are private not-
143	for-profit corporations organized primarily to support the
144	health affairs mission of the University of Florida Board of
145	Trustees in community service and patient care, education and
146	training of health affairs professionals, and clinical research.
147	Shands Jacksonville Medical Center, Inc., is a teaching hospital
148	affiliated with the University of Florida Board of Trustees,
149	located on the Jacksonville campus of the University of Florida.
150	Shands Jacksonville Medical Center, Inc., and Shands
151	Jacksonville Healthcare, Inc., may, in support of the health
152	affairs mission of the University of Florida Board of Trustees
153	and with its prior approval, create either for-profit or not-
154	for-profit corporate subsidiaries and affiliates, or both. The
155	University of Florida Board of Trustees, which may act through
156	the President of the University of Florida or his or her
157	designee, has the right to control Shands Jacksonville Medical
158	Center, Inc., and Shands Jacksonville Healthcare, Inc. Shands
159	Jacksonville Medical Center, Inc., Shands Jacksonville
160	Healthcare, Inc., and any not-for-profit subsidiary of Shands
161	Jacksonville Medical Center, Inc., shall be conclusively deemed
162	corporations primarily acting as instrumentalities of the state,
163	pursuant to s. 768.28(2), for purposes of sovereign immunity.
164	(b)(f)  The University of Florida Board of Trustees is
165	authorized to provide to Shands Jacksonville Healthcare, Inc.,
166	and its not-for-profit subsidiaries and affiliates and any
167	successor corporation that acts in support of the board of
168	trustees, comprehensive general liability coverage, including
169	professional liability, from a the self-insurance program
170	programs established pursuant to s. 1004.24.
171	Section 2.  This act shall take effect July 1, 2011.

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