Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1884
       
       
       
       
       
       
                                Barcode 484608                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Health and Human
       Services Appropriations (Garcia) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 407 - 625
    4  and insert:
    5         Section 6. Subsections (1) and (30) of section 395.002,
    6  Florida Statutes, are amended to read:
    7         395.002 Definitions.—As used in this chapter:
    8         (1) “Accrediting organizations” means national
    9  accreditation organizations that are approved by the Centers for
   10  Medicare and Medicaid Services and whose standards incorporate
   11  comparable licensure regulations required by the state the Joint
   12  Commission on Accreditation of Healthcare Organizations, the
   13  American Osteopathic Association, the Commission on
   14  Accreditation of Rehabilitation Facilities, and the
   15  Accreditation Association for Ambulatory Health Care, Inc.
   16         (30) “Urgent care center” means a facility or clinic that
   17  provides immediate but not emergent ambulatory medical care to
   18  patients with or without an appointment. The term includes an
   19  offsite It does not include the emergency department of a
   20  hospital which is presented to the general public in any manner
   21  as a department where immediate and not only emergent medical
   22  care is provided. The term includes a facility offsite of a
   23  facility licensed under this chapter, or a joint venture between
   24  a facility licensed under this chapter and a provider licensed
   25  under chapter 458 or chapter 459, which does not require a
   26  patient to make an appointment and is presented to the general
   27  public in any manner as a facility where immediate but not
   28  emergent medical care is provided. The term includes a clinic
   29  organization, licensed under part X of chapter 400, which
   30  maintains three or more locations using the same or similar
   31  name, does not require a patient to make an appointment, and
   32  holds itself out to the general public in any manner as a
   33  facility or clinic where immediate but not emergent medical care
   34  is provided.
   35         Section 7. Paragraph (c) of subsection (1) and subsection
   36  (6) of section 395.003, Florida Statutes, are amended to read:
   37         395.003 Licensure; denial, suspension, and revocation.—
   38         (1)
   39         (c) Until July 1, 2006, additional emergency departments
   40  located off the premises of licensed hospitals may not be
   41  authorized by the agency.
   42         (6) A specialty hospital may not provide any service or
   43  regularly serve any population group beyond those services or
   44  groups specified in its license. A specialty-licensed children’s
   45  hospital that is authorized to provide pediatric cardiac
   46  catheterization and pediatric open-heart surgery services may
   47  provide cardiovascular service to adults who, as children, were
   48  previously served by the hospital for congenital heart disease,
   49  or to those patients who are referred for a specialized
   50  procedure only for congenital heart disease by an adult
   51  hospital, without obtaining additional licensure as a provider
   52  of adult cardiovascular services. The agency may request
   53  documentation as needed to support patient selection and
   54  treatment. This subsection does not apply to a specialty
   55  licensed children’s hospital that is already licensed to provide
   56  adult cardiovascular services. A specialty–licensed children’s
   57  hospital that has at least 50 licensed neonatal intensive care
   58  unit beds may provide obstetrical services, including labor and
   59  delivery, which are restricted to the diagnosis, care, and
   60  treatment of pregnant women of any age who have:
   61         (a) At least one maternal or fetal characteristic or
   62  condition that would characterize the pregnancy or delivery as
   63  high-risk; or
   64         (b) Received medical advice or a diagnosis indicating their
   65  fetus will require at least one perinatal intervention.
   66  
   67  The agency shall adopt rules that establish standards and
   68  guidelines for admission to any program that qualifies under
   69  this subsection.
   70         Section 8. Subsection (3) of section 395.0161, Florida
   71  Statutes, is amended to read:
   72         395.0161 Licensure inspection.—
   73         (3) In accordance with s. 408.805, an applicant or licensee
   74  shall pay a fee for each license application submitted under
   75  this part, part II of chapter 408, and applicable rules. With
   76  the exception of state-operated licensed facilities, each
   77  facility licensed under this part shall pay to the agency, at
   78  the time of inspection, the following fees:
   79         (a) Inspection for licensure.—A fee shall be paid which is
   80  not less than $8 per hospital bed, nor more than $12 per
   81  hospital bed, except that the minimum fee shall be $400 per
   82  facility.
   83         (b) Inspection for lifesafety only.—A fee shall be paid
   84  which is not less than 75 cents per hospital bed, nor more than
   85  $1.50 per hospital bed, except that the minimum fee shall be $40
   86  per facility.
   87         Section 9. Subsections (2) and (4) of section 395.0193,
   88  Florida Statutes, are amended to read:
   89         395.0193 Licensed facilities; peer review; disciplinary
   90  powers; agency or partnership with physicians.—
   91         (2) Each licensed facility, as a condition of licensure,
   92  shall provide for peer review of physicians who deliver health
   93  care services at the facility. Each licensed facility shall
   94  develop written, binding procedures by which such peer review
   95  shall be conducted. Such procedures must shall include:
   96         (a) Mechanism for choosing the membership of the body or
   97  bodies that conduct peer review.
   98         (b) Adoption of rules of order for the peer review process.
   99         (c) Fair review of the case with the physician involved.
  100         (d) Mechanism to identify and avoid conflict of interest on
  101  the part of the peer review panel members.
  102         (e) Recording of agendas and minutes which do not contain
  103  confidential material, for review by the Division of Medical
  104  Quality Assurance of the department Health Quality Assurance of
  105  the agency.
  106         (f) Review, at least annually, of the peer review
  107  procedures by the governing board of the licensed facility.
  108         (g) Focus of the peer review process on review of
  109  professional practices at the facility to reduce morbidity and
  110  mortality and to improve patient care.
  111         (4) Pursuant to ss. 458.337 and 459.016, any disciplinary
  112  actions taken under subsection (3) shall be reported in writing
  113  to the Division of Medical Quality Assurance of the department
  114  Health Quality Assurance of the agency within 30 working days
  115  after its initial occurrence, regardless of the pendency of
  116  appeals to the governing board of the hospital. The notification
  117  shall identify the disciplined practitioner, the action taken,
  118  and the reason for such action. All final disciplinary actions
  119  taken under subsection (3), if different from those which were
  120  reported to the department agency within 30 days after the
  121  initial occurrence, shall be reported within 10 working days to
  122  the Division of Medical Quality Assurance of the department
  123  Health Quality Assurance of the agency in writing and shall
  124  specify the disciplinary action taken and the specific grounds
  125  therefor. The division shall review each report and determine
  126  whether it potentially involved conduct by the licensee that is
  127  subject to disciplinary action, in which case s. 456.073 shall
  128  apply. The reports are not subject to inspection under s.
  129  119.07(1) even if the division’s investigation results in a
  130  finding of probable cause.
  131         Section 10. Section 395.1023, Florida Statutes, is amended
  132  to read:
  133         395.1023 Child abuse and neglect cases; duties.—Each
  134  licensed facility shall adopt a protocol that, at a minimum,
  135  requires the facility to:
  136         (1) Incorporate a facility policy that every staff member
  137  has an affirmative duty to report, pursuant to chapter 39, any
  138  actual or suspected case of child abuse, abandonment, or
  139  neglect; and
  140         (2) In any case involving suspected child abuse,
  141  abandonment, or neglect, designate, at the request of the
  142  Department of Children and Family Services, a staff physician to
  143  act as a liaison between the hospital and the Department of
  144  Children and Family Services office which is investigating the
  145  suspected abuse, abandonment, or neglect, and the child
  146  protection team, as defined in s. 39.01, when the case is
  147  referred to such a team.
  148  
  149  Each general hospital and appropriate specialty hospital shall
  150  comply with the provisions of this section and shall notify the
  151  agency and the Department of Children and Family Services of its
  152  compliance by sending a copy of its policy to the agency and the
  153  Department of Children and Family Services as required by rule.
  154  The failure by a general hospital or appropriate specialty
  155  hospital to comply shall be punished by a fine not exceeding
  156  $1,000, to be fixed, imposed, and collected by the agency. Each
  157  day in violation is considered a separate offense.
  158         Section 11. Subsection (2) and paragraph (d) of subsection
  159  (3) of section 395.1041, Florida Statutes, are amended to read:
  160         395.1041 Access to emergency services and care.—
  161         (2) INVENTORY OF HOSPITAL EMERGENCY SERVICES.—The agency
  162  shall establish and maintain an inventory of hospitals with
  163  emergency services. The inventory shall list all services within
  164  the service capability of the hospital, and such services shall
  165  appear on the face of the hospital license. Each hospital having
  166  emergency services shall notify the agency of its service
  167  capability in the manner and form prescribed by the agency. The
  168  agency shall use the inventory to assist emergency medical
  169  services providers and others in locating appropriate emergency
  170  medical care. The inventory shall also be made available to the
  171  general public. On or before August 1, 1992, the agency shall
  172  request that each hospital identify the services which are
  173  within its service capability. On or before November 1, 1992,
  174  the agency shall notify each hospital of the service capability
  175  to be included in the inventory. The hospital has 15 days from
  176  the date of receipt to respond to the notice. By December 1,
  177  1992, the agency shall publish a final inventory. Each hospital
  178  shall reaffirm its service capability when its license is
  179  renewed and shall notify the agency of the addition of a new
  180  service or the termination of a service prior to a change in its
  181  service capability.
  182         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
  183  FACILITY OR HEALTH CARE PERSONNEL.—
  184         (d)1. Every hospital shall ensure the provision of services
  185  within the service capability of the hospital, at all times,
  186  either directly or indirectly through an arrangement with
  187  another hospital, through an arrangement with one or more
  188  physicians, or as otherwise made through prior arrangements. A
  189  hospital may enter into an agreement with another hospital for
  190  purposes of meeting its service capability requirement, and
  191  appropriate compensation or other reasonable conditions may be
  192  negotiated for these backup services.
  193         2. If any arrangement requires the provision of emergency
  194  medical transportation, such arrangement must be made in
  195  consultation with the applicable provider and may not require
  196  the emergency medical service provider to provide transportation
  197  that is outside the routine service area of that provider or in
  198  a manner that impairs the ability of the emergency medical
  199  service provider to timely respond to prehospital emergency
  200  calls.
  201         3. A hospital is shall not be required to ensure service
  202  capability at all times as required in subparagraph 1. if, prior
  203  to the receiving of any patient needing such service capability,
  204  such hospital has demonstrated to the agency that it lacks the
  205  ability to ensure such capability and it has exhausted all
  206  reasonable efforts to ensure such capability through backup
  207  arrangements. In reviewing a hospital’s demonstration of lack of
  208  ability to ensure service capability, the agency shall consider
  209  factors relevant to the particular case, including the
  210  following:
  211         a. Number and proximity of hospitals with the same service
  212  capability.
  213         b. Number, type, credentials, and privileges of
  214  specialists.
  215         c. Frequency of procedures.
  216         d. Size of hospital.
  217         4. The agency shall publish proposed rules implementing a
  218  reasonable exemption procedure by November 1, 1992. Subparagraph
  219  1. shall become effective upon the effective date of said rules
  220  or January 31, 1993, whichever is earlier. For a period not to
  221  exceed 1 year from the effective date of subparagraph 1., a
  222  hospital requesting an exemption shall be deemed to be exempt
  223  from offering the service until the agency initially acts to
  224  deny or grant the original request. The agency has 45 days after
  225  from the date of receipt of the request to approve or deny the
  226  request. After the first year from the effective date of
  227  subparagraph 1., If the agency fails to initially act within
  228  that the time period, the hospital is deemed to be exempt from
  229  offering the service until the agency initially acts to deny the
  230  request.
  231         Section 12. Section 395.1046, Florida Statutes, is
  232  repealed.
  233         Section 13. Paragraph (e) of subsection (1) of section
  234  395.1055, Florida Statutes, is amended to read:
  235         395.1055 Rules and enforcement.—
  236         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
  237  and 120.54 to implement the provisions of this part, which shall
  238  include reasonable and fair minimum standards for ensuring that:
  239         (e) Licensed facility beds conform to minimum space,
  240  equipment, and furnishings standards as specified by the agency,
  241  the Florida Building Code, and the Florida Fire Prevention Code
  242  department.
  243         Section 14. Section 395.107, Florida Statutes, is amended
  244  to read:
  245         395.107 Urgent care centers; Publishing and posting
  246  schedule of charges; penalties.—
  247         (1) An urgent care center must publish and post a schedule
  248  of charges for the medical services offered to patients.
  249         (2) The schedule of charges must describe the medical
  250  services in language comprehensible to a layperson. The schedule
  251  must include the prices charged to an uninsured person paying
  252  for such services by cash, check, credit card, or debit card.
  253  The schedule must be posted in a conspicuous place in the
  254  reception area of the urgent care center and must include, but
  255  is not limited to, the 50 services most frequently provided by
  256  the urgent care center. The schedule may group services by three
  257  price levels, listing services in each price level. The posting
  258  may be a sign that must be at least 15 square feet in size or an
  259  electronic messaging board. If an urgent care center is
  260  affiliated with a facility licensed under this chapter, the
  261  schedule must include text that notifies an insured patient
  262  whether the charges for medical services received at the center
  263  are the same as, or more than, charges for medical services
  264  received at an affiliated hospital. The text notifying the
  265  patient shall be in a font size equal to or greater than the
  266  font size used for prices and must be in a contrasting color.
  267  Such text shall be included in all media and Internet
  268  advertisements for the center and in language comprehensible to
  269  a layperson.
  270         (3) The posted text describing the medical services must
  271  fill at least 12 square feet of the posting. A center may use an
  272  electronic device or a messaging board to post the schedule of
  273  charges. Such devices must measure at least 3 square feet, and
  274  patients must be able to access the schedule during all hours of
  275  operation.
  276         (4) An urgent care center that is operated and used
  277  exclusively for employees and the dependents of employees of the
  278  business that owns or contracts for the urgent care center is
  279  exempt from this section.
  280         (5) The failure of an urgent care center to publish and
  281  post a schedule of charges as required by this section shall
  282  result in a fine of not more than $1,000, per day, until the
  283  schedule is published and posted.
  284         Section 15. Paragraph (i) of subsection (1) of section
  285  400.9935, Florida Statutes, is amended to read:
  286         400.9935 Clinic responsibilities.—
  287         (1) Each clinic shall appoint a medical director or clinic
  288  director who shall agree in writing to accept legal
  289  responsibility for the following activities on behalf of the
  290  clinic. The medical director or the clinic director shall:
  291         (i) Ensure that the clinic publishes a schedule of charges
  292  for the medical services offered to patients. The schedule must
  293  include the prices charged to an uninsured person paying for
  294  such services by cash, check, credit card, or debit card. The
  295  schedule must be posted in a conspicuous place in the reception
  296  area of the urgent care center and must include, but is not
  297  limited to, the 50 services most frequently provided by the
  298  clinic. The schedule may group services by three price levels,
  299  listing services in each price level. The posting may be a sign
  300  that must be at least 15 square feet in size or an electronic
  301  messaging board that must be at least 3 square feet. The failure
  302  of a clinic to publish and post a schedule of charges as
  303  required by this section shall result in a fine of not more than
  304  $1,000, per day, until the schedule is published and posted.
  305  
  306  ================= T I T L E  A M E N D M E N T ================
  307         And the title is amended as follows:
  308         Delete lines 31 - 64
  309  and insert:
  310         diabetes; amending s. 395.002, F.S.; revising the
  311         definition of the terms “accrediting organizations”
  312         and “urgent care center” as they relate to hospital
  313         licensing and regulation; amending s. 395.003, F.S.;
  314         deleting an obsolete provision; authorizing a
  315         specialty–licensed children’s hospital that has at
  316         least a specified number of licensed neonatal
  317         intensive care unit beds to provide obstetrical
  318         services that are restricted to the diagnosis, care,
  319         and treatment of certain pregnant women; authorizing
  320         the Agency for Health Care Administration to adopt
  321         rules; amending s. 395.0161, F.S.; deleting a
  322         requirement that facilities licensed under part I of
  323         ch. 395, F.S., pay licensing fees at the time of
  324         inspection; amending s. 395.0193, F.S.; requiring a
  325         licensed facility to report certain peer review
  326         information and final disciplinary actions to the
  327         Division of Medical Quality Assurance of the
  328         Department of Health rather than the Division of
  329         Health Quality Assurance of the Agency for Health Care
  330         Administration; amending s. 395.1023, F.S.; providing
  331         for the Department of Children and Family Services
  332         rather than the Department of Health to perform
  333         certain functions with respect to child protection
  334         cases; requiring certain hospitals to notify the
  335         Department of Children and Family Services of
  336         compliance; amending s. 395.1041, F.S., relating to
  337         hospital emergency services and care; deleting
  338         obsolete provisions; repealing s. 395.1046, F.S.,
  339         relating to complaint investigation procedures;
  340         amending s. 395.1055, F.S.; requiring that licensed
  341         facility beds conform to standards specified by the
  342         Agency for Health Care Administration, the Florida
  343         Building Code, and the Florida Fire Prevention Code;
  344         amending s. 395.107, F.S.; requiring that urgent care
  345         centers publish and post a schedule of charges for
  346         services provided to patients; specifying text display
  347         requirements; requiring the schedule to be in language
  348         comprehensible to a layperson; providing schedule
  349         requirements; specifying posting size and allowing for
  350         electronic posting; providing an exception; amending
  351         s. 400.9935, F.S.; specifying posting size and
  352         allowing for electronic posting of a schedule of
  353         charges for services provided to patients at a clinic;