Florida Senate - 2017                                     SB 222
       
       
        
       By Senator Steube
       
       23-00396-17                                            2017222__
    1                        A bill to be entitled                      
    2         An act relating to recovery care services; amending s.
    3         395.001, F.S.; providing legislative intent regarding
    4         recovery care centers; amending s. 395.002, F.S.;
    5         revising and defining terms; amending s. 395.003,
    6         F.S.; including recovery care centers as facilities
    7         licensed under ch. 395, F.S.; creating s. 395.0171,
    8         F.S.; providing admission criteria for a recovery care
    9         center; requiring emergency care, transfer, and
   10         discharge protocols; authorizing the Agency for Health
   11         Care Administration to adopt rules; amending s.
   12         395.1055, F.S.; authorizing the agency to establish
   13         separate standards for the care and treatment of
   14         patients in recovery care centers; providing for
   15         rulemaking that includes establishing certain minimum
   16         standards for recovery care centers; amending s.
   17         395.10973, F.S.; directing the agency to enforce
   18         special-occupancy provisions of the Florida Building
   19         Code applicable to recovery care centers; amending s.
   20         408.802, F.S.; providing applicability of the Health
   21         Care Licensing Procedures Act to recovery care
   22         centers; amending s. 408.820, F.S.; exempting recovery
   23         care centers from specified minimum licensure
   24         requirements; amending ss. 385.211, 394.4787, 409.975,
   25         and 627.64194, F.S.; conforming cross-references;
   26         providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 395.001, Florida Statutes, is amended to
   31  read:
   32         395.001 Legislative intent.—It is the intent of the
   33  Legislature to provide for the protection of public health and
   34  safety in the establishment, construction, maintenance, and
   35  operation of hospitals, ambulatory surgical centers, recovery
   36  care centers, and mobile surgical facilities by providing for
   37  licensure of same and for the development, establishment, and
   38  enforcement of minimum standards with respect thereto.
   39         Section 2. Subsections (3), (16), and (23) of section
   40  395.002, Florida Statutes, are amended, present subsections (25)
   41  through (33) are renumbered as subsections (27) through (35),
   42  respectively, and new subsections (25) and (26) are added to
   43  that section, to read:
   44         395.002 Definitions.—As used in this chapter:
   45         (3) “Ambulatory surgical center” or “mobile surgical
   46  facility” means a facility the primary purpose of which is to
   47  provide elective surgical care, in which the patient is admitted
   48  to and discharged from such facility within 24 hours the same
   49  working day and is not permitted to stay overnight, and which is
   50  not part of a hospital. However, a facility existing for the
   51  primary purpose of performing terminations of pregnancy, an
   52  office maintained by a physician for the practice of medicine,
   53  or an office maintained for the practice of dentistry shall not
   54  be construed to be an ambulatory surgical center, provided that
   55  any facility or office which is certified or seeks certification
   56  as a Medicare ambulatory surgical center shall be licensed as an
   57  ambulatory surgical center pursuant to s. 395.003. Any structure
   58  or vehicle in which a physician maintains an office and
   59  practices surgery, and which can appear to the public to be a
   60  mobile office because the structure or vehicle operates at more
   61  than one address, shall be construed to be a mobile surgical
   62  facility.
   63         (16) “Licensed facility” means a hospital, ambulatory
   64  surgical center, recovery care center, or mobile surgical
   65  facility licensed in accordance with this chapter.
   66         (23) “Premises” means those buildings, beds, and equipment
   67  located at the address of the licensed facility and all other
   68  buildings, beds, and equipment for the provision of hospital,
   69  ambulatory surgical, recovery, or mobile surgical care located
   70  in such reasonable proximity to the address of the licensed
   71  facility as to appear to the public to be under the dominion and
   72  control of the licensee. For any licensee that is a teaching
   73  hospital as defined in s. 408.07(45), reasonable proximity
   74  includes any buildings, beds, services, programs, and equipment
   75  under the dominion and control of the licensee that are located
   76  at a site with a main address that is within 1 mile of the main
   77  address of the licensed facility; and all such buildings, beds,
   78  and equipment may, at the request of a licensee or applicant, be
   79  included on the facility license as a single premises.
   80         (25)“Recovery care center” means a facility the primary
   81  purpose of which is to provide recovery care services, to which
   82  a patient is admitted and then discharged within 72 hours, and
   83  which is not part of a hospital.
   84         (26)“Recovery care services” means postsurgical and
   85  postdiagnostic medical and general nursing care provided to
   86  patients for whom acute care hospitalization is not required and
   87  an uncomplicated recovery is reasonably expected. The term
   88  includes postsurgical rehabilitation services. The term does not
   89  include intensive care, coronary care, or critical care
   90  services.
   91         Section 3. Subsection (1) of section 395.003, Florida
   92  Statutes, is amended to read:
   93         395.003 Licensure; denial, suspension, and revocation.—
   94         (1)(a) The requirements of part II of chapter 408 apply to
   95  the provision of services that require licensure pursuant to ss.
   96  395.001-395.1065 and part II of chapter 408 and to entities
   97  licensed by or applying for such licensure from the Agency for
   98  Health Care Administration pursuant to ss. 395.001-395.1065. A
   99  license issued by the agency is required in order to operate a
  100  hospital, ambulatory surgical center, recovery care center, or
  101  mobile surgical facility in this state.
  102         (b)1. It is unlawful for a person to use or advertise to
  103  the public, in any way or by any medium whatsoever, any facility
  104  as a “hospital,” “ambulatory surgical center,” “recovery care
  105  center,” or “mobile surgical facility” unless such facility has
  106  first secured a license under the provisions of this part.
  107         2. This part does not apply to veterinary hospitals or to
  108  commercial business establishments using the word “hospital,”
  109  “ambulatory surgical center,” “recovery care center,” or “mobile
  110  surgical facility” as a part of a trade name if no treatment of
  111  human beings is performed on the premises of such
  112  establishments.
  113         (c) Until July 1, 2006, additional emergency departments
  114  located off the premises of licensed hospitals may not be
  115  authorized by the agency.
  116         Section 4. Section 395.0171, Florida Statutes, is created
  117  to read:
  118         395.0171Recovery care center admissions; emergency care
  119  and transfer protocols; discharge planning and protocols.—
  120         (1)Admissions to a recovery care center are restricted to
  121  patients who need recovery care services.
  122         (2)Each patient must be certified by his or her attending
  123  or referring physician or by a physician on staff at the
  124  recovery care center as medically stable and not in need of
  125  acute care hospitalization before admission.
  126         (3)A patient may be admitted for recovery care services
  127  upon discharge from a hospital or an ambulatory surgical center.
  128  A patient may also be admitted postdiagnosis or posttreatment
  129  for recovery care services.
  130         (4)A recovery care center must have emergency care and
  131  transfer protocols, including transportation arrangements, and
  132  referral or admission agreements with at least one hospital.
  133         (5)A recovery care center must have procedures for
  134  discharge planning and discharge protocols.
  135         (6)The agency may adopt rules to implement this section.
  136         Section 5. Subsections (2) and (8) of section 395.1055,
  137  Florida Statutes, are amended, and subsection (10) is added to
  138  that section, to read:
  139         395.1055 Rules and enforcement.—
  140         (2) Separate standards may be provided for general and
  141  specialty hospitals, ambulatory surgical centers, recovery care
  142  centers, mobile surgical facilities, and statutory rural
  143  hospitals as defined in s. 395.602.
  144         (8) The agency may not adopt any rule governing the design,
  145  construction, erection, alteration, modification, repair, or
  146  demolition of any public or private hospital, intermediate
  147  residential treatment facility, recovery care center, or
  148  ambulatory surgical center. It is the intent of the Legislature
  149  to preempt that function to the Florida Building Commission and
  150  the State Fire Marshal through adoption and maintenance of the
  151  Florida Building Code and the Florida Fire Prevention Code.
  152  However, the agency shall provide technical assistance to the
  153  commission and the State Fire Marshal in updating the
  154  construction standards of the Florida Building Code and the
  155  Florida Fire Prevention Code which govern hospitals,
  156  intermediate residential treatment facilities, recovery care
  157  centers, and ambulatory surgical centers.
  158         (10)The agency shall adopt rules for recovery care centers
  159  which include fair and reasonable minimum standards for ensuring
  160  that recovery care centers have:
  161         (a)A dietetic department, service, or other similarly
  162  titled unit, either on the premises or under contract, which
  163  shall be organized, directed, and staffed to ensure the
  164  provision of appropriate nutritional care and quality food
  165  service.
  166         (b)Procedures to ensure the proper administration of
  167  medications. Such procedures must address the prescribing,
  168  ordering, preparing, and dispensing of medications and
  169  appropriate monitoring of the effects of the medications on the
  170  patient.
  171         (c)A pharmacy, pharmaceutical department, or
  172  pharmaceutical service, or similarly titled unit, on the
  173  premises or under contract.
  174         Section 6. Subsection (8) of section 395.10973, Florida
  175  Statutes, is amended to read:
  176         395.10973 Powers and duties of the agency.—It is the
  177  function of the agency to:
  178         (8) Enforce the special-occupancy provisions of the Florida
  179  Building Code which apply to hospitals, intermediate residential
  180  treatment facilities, recovery care centers, and ambulatory
  181  surgical centers in conducting any inspection authorized by this
  182  chapter and part II of chapter 408.
  183         Section 7. Subsection (30) is added to section 408.802,
  184  Florida Statutes, to read:
  185         408.802 Applicability.—The provisions of this part apply to
  186  the provision of services that require licensure as defined in
  187  this part and to the following entities licensed, registered, or
  188  certified by the agency, as described in chapters 112, 383, 390,
  189  394, 395, 400, 429, 440, 483, and 765:
  190         (30)Recovery care centers, as provided under part I of
  191  chapter 395.
  192         Section 8. Subsection (29) is added to section 408.820,
  193  Florida Statutes, to read:
  194         408.820 Exemptions.—Except as prescribed in authorizing
  195  statutes, the following exemptions shall apply to specified
  196  requirements of this part:
  197         (29)Recovery care centers, as provided under part I of
  198  chapter 395, are exempt from s. 408.810(7)-(10).
  199         Section 9. Subsection (2) of section 385.211, Florida
  200  Statutes, is amended to read:
  201         385.211 Refractory and intractable epilepsy treatment and
  202  research at recognized medical centers.—
  203         (2) Notwithstanding chapter 893, medical centers recognized
  204  pursuant to s. 381.925, or an academic medical research
  205  institution legally affiliated with a licensed children’s
  206  specialty hospital as defined in s. 395.002(30) 395.002(28) that
  207  contracts with the Department of Health, may conduct research on
  208  cannabidiol and low-THC cannabis. This research may include, but
  209  is not limited to, the agricultural development, production,
  210  clinical research, and use of liquid medical derivatives of
  211  cannabidiol and low-THC cannabis for the treatment for
  212  refractory or intractable epilepsy. The authority for recognized
  213  medical centers to conduct this research is derived from 21
  214  C.F.R. parts 312 and 316. Current state or privately obtained
  215  research funds may be used to support the activities described
  216  in this section.
  217         Section 10. Subsection (7) of section 394.4787, Florida
  218  Statutes, is amended to read:
  219         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
  220  394.4789.—As used in this section and ss. 394.4786, 394.4788,
  221  and 394.4789:
  222         (7) “Specialty psychiatric hospital” means a hospital
  223  licensed by the agency pursuant to s. 395.002(30) 395.002(28)
  224  and part II of chapter 408 as a specialty psychiatric hospital.
  225         Section 11. Paragraph (b) of subsection (1) of section
  226  409.975, Florida Statutes, is amended to read:
  227         409.975 Managed care plan accountability.—In addition to
  228  the requirements of s. 409.967, plans and providers
  229  participating in the managed medical assistance program shall
  230  comply with the requirements of this section.
  231         (1) PROVIDER NETWORKS.—Managed care plans must develop and
  232  maintain provider networks that meet the medical needs of their
  233  enrollees in accordance with standards established pursuant to
  234  s. 409.967(2)(c). Except as provided in this section, managed
  235  care plans may limit the providers in their networks based on
  236  credentials, quality indicators, and price.
  237         (b) Certain providers are statewide resources and essential
  238  providers for all managed care plans in all regions. All managed
  239  care plans must include these essential providers in their
  240  networks. Statewide essential providers include:
  241         1. Faculty plans of Florida medical schools.
  242         2. Regional perinatal intensive care centers as defined in
  243  s. 383.16(2).
  244         3. Hospitals licensed as specialty children’s hospitals as
  245  defined in s. 395.002(30) 395.002(28).
  246         4. Accredited and integrated systems serving medically
  247  complex children which comprise separately licensed, but
  248  commonly owned, health care providers delivering at least the
  249  following services: medical group home, in-home and outpatient
  250  nursing care and therapies, pharmacy services, durable medical
  251  equipment, and Prescribed Pediatric Extended Care.
  252  
  253  Managed care plans that have not contracted with all statewide
  254  essential providers in all regions as of the first date of
  255  recipient enrollment must continue to negotiate in good faith.
  256  Payments to physicians on the faculty of nonparticipating
  257  Florida medical schools shall be made at the applicable Medicaid
  258  rate. Payments for services rendered by regional perinatal
  259  intensive care centers shall be made at the applicable Medicaid
  260  rate as of the first day of the contract between the agency and
  261  the plan. Except for payments for emergency services, payments
  262  to nonparticipating specialty children’s hospitals shall equal
  263  the highest rate established by contract between that provider
  264  and any other Medicaid managed care plan.
  265         Section 12. Paragraphs (b) and (e) of subsection (1) of
  266  section 627.64194, Florida Statutes, are amended to read:
  267         627.64194 Coverage requirements for services provided by
  268  nonparticipating providers; payment collection limitations.—
  269         (1) As used in this section, the term:
  270         (b) “Facility” means a licensed facility as defined in s.
  271  395.002(16) and an urgent care center as defined in s.
  272  395.002(32) 395.002(30).
  273         (e) “Nonparticipating provider” means a provider who is not
  274  a preferred provider as defined in s. 627.6471 or a provider who
  275  is not an exclusive provider as defined in s. 627.6472. For
  276  purposes of covered emergency services under this section, a
  277  facility licensed under chapter 395 or an urgent care center
  278  defined in s. 395.002(32) 395.002(30) is a nonparticipating
  279  provider if the facility has not contracted with an insurer to
  280  provide emergency services to its insureds at a specified rate.
  281         Section 13. This act shall take effect July 1, 2017.