Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1292
       
       
       
       
       
       
                                Barcode 357232                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 05:46 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 223 - 247
    4  and insert:
    5         Section 5. Paragraph (n) of subsection (3) of section
    6  408.036, Florida Statutes, is amended to read:
    7         408.036 Projects subject to review; exemptions.—
    8         (3) EXEMPTIONS.—Upon request, the following projects are
    9  subject to exemption from the provisions of subsection (1):
   10         (n) For the provision of percutaneous coronary intervention
   11  for patients presenting with emergency myocardial infarctions in
   12  a hospital without an approved adult open-heart-surgery program.
   13  In addition to any other documentation required by the agency, a
   14  request for an exemption submitted under this paragraph must
   15  comply with the following:
   16         1. The applicant must certify that it will meet and
   17  continuously maintain the requirements adopted by the agency for
   18  the provision of these services. These licensure requirements
   19  shall be adopted by rule pursuant to ss. 120.536(1) and 120.54
   20  and must be consistent with the guidelines published by the
   21  American College of Cardiology and the American Heart
   22  Association for the provision of percutaneous coronary
   23  interventions in hospitals without adult open-heart services. At
   24  a minimum, the rules shall require the following:
   25         a. Cardiologists must be experienced interventionalists who
   26  have performed a minimum of 75 interventions within the previous
   27  12 months.
   28         b. The hospital must provide a minimum of 36 emergency
   29  interventions annually in order to continue to provide the
   30  service.
   31         c. The hospital must offer sufficient physician, nursing,
   32  and laboratory staff to provide the services 24 hours a day, 7
   33  days a week.
   34         d. Nursing and technical staff must have demonstrated
   35  experience in handling acutely ill patients requiring
   36  intervention based on previous experience in dedicated
   37  interventional laboratories or surgical centers.
   38         e. Cardiac care nursing staff must be adept in hemodynamic
   39  monitoring and Intra-aortic Balloon Pump (IABP) management.
   40         f. Formalized written transfer agreements must be developed
   41  with a hospital with an adult open-heart-surgery program, and
   42  written transport protocols must be in place to ensure safe and
   43  efficient transfer of a patient within 60 minutes. Transfer and
   44  transport agreements must be reviewed and tested, with
   45  appropriate documentation maintained at least every 3 months.
   46  However, a hospital located more than 100 road miles from the
   47  closest Level II adult cardiovascular services program does not
   48  need to meet the 60-minute transfer time protocol if the
   49  hospital demonstrates that it has a formalized, written transfer
   50  agreement with a hospital that has a Level II program. The
   51  agreement must include written transport protocols to ensure the
   52  safe and efficient transfer of a patient, taking into
   53  consideration the patient’s clinical and physical
   54  characteristics, road and weather conditions, and viability of
   55  ground and air ambulance service to transfer the patient.
   56         g. Hospitals implementing the service must first undertake
   57  a training program of 3 to 6 months’ duration, which includes
   58  establishing standards and testing logistics, creating quality
   59  assessment and error management practices, and formalizing
   60  patient-selection criteria.
   61         2. The applicant must certify that it will use at all times
   62  the patient-selection criteria for the performance of primary
   63  angioplasty at hospitals without adult open-heart-surgery
   64  programs issued by the American College of Cardiology and the
   65  American Heart Association. At a minimum, these criteria would
   66  provide for the following:
   67         a. Avoidance of interventions in hemodynamically stable
   68  patients who have identified symptoms or medical histories.
   69         b. Transfer of patients who have a history of coronary
   70  disease and clinical presentation of hemodynamic instability.
   71         3. The applicant must agree to submit a quarterly report to
   72  the agency detailing patient characteristics, treatment, and
   73  outcomes for all patients receiving emergency percutaneous
   74  coronary interventions pursuant to this paragraph. This report
   75  must be submitted within 15 days after the close of each
   76  calendar quarter.
   77         4. The exemption provided by this paragraph does not apply
   78  unless the agency determines that the hospital has taken all
   79  necessary steps to be in compliance with all requirements of
   80  this paragraph, including the training program required under
   81  sub-subparagraph 1.g.
   82         5. Failure of the hospital to continuously comply with the
   83  requirements of sub-subparagraphs 1.c.-f. and subparagraphs 2.
   84  and 3. will result in the immediate expiration of this
   85  exemption.
   86         6. Failure of the hospital to meet the volume requirements
   87  of sub-subparagraphs 1.a. and b. within 18 months after the
   88  program begins offering the service will result in the immediate
   89  expiration of the exemption.
   90  
   91  If the exemption for this service expires under subparagraph 5.
   92  or subparagraph 6., the agency may not grant another exemption
   93  for this service to the same hospital for 2 years and then only
   94  upon a showing that the hospital will remain in compliance with
   95  the requirements of this paragraph through a demonstration of
   96  corrections to the deficiencies that caused expiration of the
   97  exemption. Compliance with the requirements of this paragraph
   98  includes compliance with the rules adopted pursuant to this
   99  paragraph.
  100         Section 6. Paragraph (b) of subsection (3) of section
  101  408.0361, Florida Statutes, is amended to read:
  102         408.0361 Cardiovascular services and burn unit licensure.—
  103         (3) In establishing rules for adult cardiovascular
  104  services, the agency shall include provisions that allow for:
  105         (b) For a hospital seeking a Level I program, demonstration
  106  that, for the most recent 12-month period as reported to the
  107  agency, it has provided a minimum of 300 adult inpatient and
  108  outpatient diagnostic cardiac catheterizations or, for the most
  109  recent 12-month period, has discharged or transferred at least
  110  300 inpatients with the principal diagnosis of ischemic heart
  111  disease and that it has a formalized, written transfer agreement
  112  with a hospital that has a Level II program, including written
  113  transport protocols to ensure safe and efficient transfer of a
  114  patient within 60 minutes. However, a hospital located more than
  115  100 road miles from the closest Level II adult cardiovascular
  116  services program does not need to meet the 60-minute transfer
  117  time protocol if the hospital demonstrates that it has a
  118  formalized, written transfer agreement with a hospital that has
  119  a Level II program. The agreement must include written transport
  120  protocols to ensure the safe and efficient transfer of a
  121  patient, taking into consideration the patient’s clinical and
  122  physical characteristics, road and weather conditions, and
  123  viability of ground and air ambulance service to transfer the
  124  patient.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127         And the title is amended as follows:
  128         Delete lines 20 - 27
  129  and insert:
  130         services; amending s. 408.036, F.S.; providing an
  131         exception from certain requirements for exemption from
  132         certificate-of-need review for hospitals providing
  133         percutaneous coronary intervention for certain
  134         patients; amending s. 408.0361, F.S.; providing an
  135         exception from certain requirements for exemption from
  136         certificate-of-need review for hospitals providing
  137         cardiovascular services and burn unit services;
  138         amending s.