House Bill 4455

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    Florida House of Representatives - 1998                HB 4455

        By Representative Brooks






  1                      A bill to be entitled

  2         An act relating to mobile surgical facilities;

  3         amending s. 395.001, F.S.; providing

  4         legislative intent; amending s. 395.002, F.S.;

  5         revising definitions; including "mobile

  6         surgical facility" within the definition of

  7         "ambulatory surgical center" and "licensed

  8         facility"; amending s. 395.003, F.S.; requiring

  9         the licensure of mobile surgical facilities

10         under ch. 395, F.S.; amending s. 395.004, F.S.;

11         requiring a license fee upon application for

12         licensure as a mobile surgical facility;

13         amending s. 395.0163, F.S.; providing that

14         required agency inspections of mobile surgical

15         facilities shall apply only to alternations of

16         or additions to licensed facilities; amending

17         s. 395.1055, F.S.; authorizing the

18         establishment of separate standards for mobile

19         surgical facilities; amending s. 408.036, F.S.;

20         providing an exemption from review and

21         application for certificate of need for mobile

22         surgical facilities; providing an effective

23         date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 395.001, Florida Statutes, is

28  amended to read:

29         395.001  Legislative intent.--It is the intent of the

30  Legislature to provide for the protection of public health and

31  safety in the establishment, construction, maintenance, and

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  1  operation of hospitals, and ambulatory surgical centers, and

  2  mobile surgical facilities by providing for licensure of same

  3  and for the development, establishment, and enforcement of

  4  minimum standards with respect thereto.

  5         Section 2.  Subsections (4), (17), and (22) of section

  6  395.002, Florida Statutes, are amended to read:

  7         395.002  Definitions.--As used in this chapter:

  8         (4)  "Ambulatory surgical center" or "mobile surgical

  9  facility" means a facility the primary purpose of which is to

10  provide elective surgical care, in which the patient is

11  admitted to and discharged from such facility within the same

12  working day and is not permitted to stay overnight, and which

13  is not part of a hospital. A mobile surgical facility under

14  contract to the Department of Corrections to provide

15  health-care-related services to inmates shall not be subject

16  to certificate of need requirements contained in chapter 408.

17  However, a facility existing for the primary purpose of

18  performing terminations of pregnancy, an office maintained by

19  a physician for the practice of medicine, or an office

20  maintained for the practice of dentistry shall not be

21  construed to be an ambulatory surgical center, provided that

22  any facility or office which is certified or seeks

23  certification as a Medicare ambulatory surgical center shall

24  be licensed as an ambulatory surgical center pursuant to s.

25  395.003.

26         (17)  "Licensed facility" means a hospital, or

27  ambulatory surgical center, or mobile surgical facility

28  licensed in accordance with this chapter.

29         (22)  "Premises" means those buildings, beds, and

30  equipment located at the address of the licensed facility and

31  all other buildings, beds, and equipment for the provision of

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  1  hospital, or ambulatory surgical, or mobile surgical care

  2  located in such reasonable proximity to the address of the

  3  licensed facility as to appear to the public to be under the

  4  dominion and control of the licensee.

  5         Section 3.  Subsection (1) of section 395.003, Florida

  6  Statutes, is amended to read:

  7         395.003  Licensure; issuance, renewal, denial, and

  8  revocation.--

  9         (1)(a)  No person shall establish, conduct, or maintain

10  a hospital, or ambulatory surgical center, or mobile surgical

11  facility in this state without first obtaining a license under

12  this part.

13         (b)1.  It is unlawful for any person to use or

14  advertise to the public, in any way or by any medium

15  whatsoever, any facility as a "hospital," or "ambulatory

16  surgical center," or "mobile surgical facility" unless such

17  facility has first secured a license under the provisions of

18  this part.

19         2.  Nothing in this part applies to veterinary

20  hospitals or to commercial business establishments using the

21  word "hospital," or "ambulatory surgical center," or "mobile

22  surgical facility" as a part of a trade name if no treatment

23  of human beings is performed on the premises of such

24  establishments.

25         Section 4.  Section 395.004, Florida Statutes, is

26  amended to read:

27         395.004  Application for license, disposition of fees;

28  expenses.--

29         (1)  An application for a license or renewal thereof

30  shall be made under oath to the agency, upon forms provided by

31  it, and shall contain such information as the agency

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  1  reasonably requires, which may include affirmative evidence of

  2  ability to comply with applicable laws and rules.

  3         (2)  Each application for a general hospital license,

  4  specialty hospital license, or ambulatory surgical center

  5  license, or mobile surgical facility license, or renewal

  6  thereof, shall be accompanied by a license fee, in accordance

  7  with the following schedule:

  8         (a)  The biennial license, provisional license, and

  9  license renewal fee required of a facility licensed under this

10  part shall be reasonably calculated to cover the cost of

11  regulation under this part and shall be established by rule at

12  the rate of not less than $9.50 per hospital bed, nor more

13  than $30 per hospital bed, except that the minimum license fee

14  shall be $1,500 and the total fees collected from all licensed

15  facilities may not exceed the cost of properly carrying out

16  the provisions of this part.

17         (b)  Such fees shall be paid to the agency and shall be

18  deposited in the Planning and Regulation Trust Fund of the

19  agency, which is hereby created, for the sole purpose of

20  carrying out the provisions of this part.

21         Section 5.  Subsection (3) is added to section

22  395.0163, Florida Statutes, to read:

23         395.0163  Construction inspections; plan submission and

24  approval; fees.--

25         (1)  The agency shall make, or cause to be made, such

26  construction inspections and investigations as it deems

27  necessary. The agency may prescribe by rule that any licensee

28  or applicant desiring to make specified types of alterations

29  or additions to its facilities or to construct new facilities

30  shall, before commencing such alteration, addition, or new

31  construction, submit plans and specifications therefor to the

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    Florida House of Representatives - 1998                HB 4455

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  1  agency for preliminary inspection and approval or

  2  recommendation with respect to compliance with agency rules

  3  and standards.  The agency shall approve or disapprove the

  4  plans and specifications within 60 days after receipt of the

  5  fee for review of plans as required in subsection (2).  The

  6  agency may be granted one 15-day extension for the review

  7  period if the director of the agency approves the extension.

  8  If the agency fails to act within the specified time, it shall

  9  be deemed to have approved the plans and specifications.  When

10  the agency disapproves plans and specifications, it shall set

11  forth in writing the reasons for its disapproval.  Conferences

12  and consultations may be provided as necessary.

13         (2)(a)  The agency is authorized to charge an initial

14  fee of $2,000 for review of plans and construction on all

15  projects, no part of which is refundable.  The agency may also

16  collect a fee, not to exceed 1 percent of the estimated

17  construction cost or the actual cost of review, whichever is

18  less, for the portion of the review which encompasses initial

19  review through the initial revised construction document

20  review.  The agency is further authorized to collect its

21  actual costs on all subsequent portions of the review and

22  construction inspections. The initial fee payment shall

23  accompany the initial submission of plans and specifications.

24  Any subsequent payment that is due is payable upon receipt of

25  the invoice from the agency.

26         (b)  Notwithstanding any other provisions of law to the

27  contrary, all moneys received by the agency pursuant to the

28  provisions of this section shall be deposited in the Planning

29  and Regulation Trust Fund, as created by s. 395.004, to be

30  held and applied solely for the operations required under this

31  section.

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  1         (3)  Agency inspections and investigations required

  2  under this section shall, in the case of mobile surgical

  3  facilities, apply only to alterations of or additions to

  4  licensed facilities.

  5         Section 6.  Subsection (2) of section 395.1055, Florida

  6  Statutes, is amended to read:

  7         395.1055  Rules and enforcement.--

  8         (2)  Separate standards may be provided for general and

  9  specialty hospitals, ambulatory surgical centers, mobile

10  surgical facilities, and statutory rural hospitals as defined

11  in s. 395.602.

12         Section 7.  Paragraph (o) is added to subsection (3) of

13  section 408.036, Florida Statutes, to read:

14         408.036  Projects subject to review.--

15         (1)  APPLICABILITY.--Unless exempt under subsection

16  (3), all health-care-related projects, as described in

17  paragraphs (a)-(k), are subject to review and must file an

18  application for a certificate of need with the agency. The

19  agency is exclusively responsible for determining whether a

20  health-care-related project is subject to review under ss.

21  408.031-408.045.

22         (a)  The addition of beds by new construction or

23  alteration.

24         (b)  The new construction or establishment of

25  additional health care facilities, including a replacement

26  health care facility when the proposed project site is not

27  located on the same site as the existing health care facility.

28         (c)  The conversion from one type of health care

29  facility to another, including the conversion from one level

30  of care to another, in a skilled or intermediate nursing

31  facility, if the conversion effects a change in the level of

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  1  care of 10 beds or 10 percent of total bed capacity of the

  2  skilled or intermediate nursing facility within a 2-year

  3  period.  If the nursing facility is certified for both skilled

  4  and intermediate nursing care, the provisions of this

  5  paragraph do not apply.

  6         (d)  Any increase in licensed bed capacity.

  7         (e)  Subject to the provisions of paragraph (3)(i), the

  8  establishment of a Medicare-certified home health agency, the

  9  establishment of a hospice, or the direct provision of such

10  services by a health care facility or health maintenance

11  organization for those other than the subscribers of the

12  health maintenance organization; except that this paragraph

13  does not apply to the establishment of a Medicare-certified

14  home health agency by a facility described in paragraph

15  (3)(h).

16         (f)  An acquisition by or on behalf of a health care

17  facility or health maintenance organization, by any means,

18  which acquisition would have required review if the

19  acquisition had been by purchase.

20         (g)  The establishment of inpatient institutional

21  health services by a health care facility, or a substantial

22  change in such services.

23         (h)  The acquisition by any means of an existing health

24  care facility by any person, unless the person provides the

25  agency with at least 30 days' written notice of the proposed

26  acquisition, which notice is to include the services to be

27  offered and the bed capacity of the facility, and unless the

28  agency does not determine, within 30 days after receipt of

29  such notice, that the services to be provided and the bed

30  capacity of the facility will be changed.

31

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  1         (i)  An increase in the cost of a project for which a

  2  certificate of need has been issued when the increase in cost

  3  exceeds 20 percent of the originally approved cost of the

  4  project, except that a cost overrun review is not necessary

  5  when the cost overrun is less than $20,000.

  6         (j)  An increase in the number of psychiatric or

  7  rehabilitation beds.

  8         (k)  The establishment of tertiary health services.

  9         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

10  exempt pursuant to subsection (3), projects subject to an

11  expedited review shall include, but not be limited to:

12         (a)  Cost overruns, as defined in paragraph (1)(i).

13         (b)  Research, education, and training programs.

14         (c)  Shared services contracts or projects.

15         (d)  A transfer of a certificate of need.

16         (e)  A 50-percent increase in nursing home beds for a

17  facility incorporated and operating in this state for at least

18  60 years on or before July 1, 1988, which has a licensed

19  nursing home facility located on a campus providing a variety

20  of residential settings and supportive services.  The

21  increased nursing home beds shall be for the exclusive use of

22  the campus residents.  Any application on behalf of an

23  applicant meeting this requirement shall be subject to the

24  base fee of $5,000 provided in s. 408.038.

25         (f)  Combination within one nursing home facility of

26  the beds or services authorized by two or more certificates of

27  need issued in the same planning subdistrict.

28         (g)  Division into two or more nursing home facilities

29  of beds or services authorized by one certificate of need

30  issued in the same planning subdistrict.  Such division shall

31

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  1  not be approved if it would adversely affect the original

  2  certificate's approved cost.

  3         (h)  Replacement of a health care facility when the

  4  proposed project site is located in the same district and

  5  within a 1-mile radius of the replaced health care facility.

  6

  7  The agency shall develop rules to implement the provisions for

  8  expedited review, including time schedule, application

  9  content, and application processing.

10         (3)  EXEMPTIONS.--Upon request, supported by such

11  documentation as the agency requires, the agency shall grant

12  an exemption from the provisions of subsection (1):

13         (o)  For any expenditure to provide mobile surgical

14  facilities and related health care services under contract

15  with the Department of Corrections.

16

17  A request for exemption under this subsection may be made at

18  any time and is not subject to the batching requirements of

19  this section.

20         Section 8.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Includes "mobile surgical facility" within the definition
26    of "ambulatory surgical center" and "licensed facility"
      for the purposes of ch. 395, F.S., relating to hospital
27    licensing and regulation. Requires the licensure of
      mobile surgical facilities under ch. 395, F.S. Requires a
28    license fee upon application for licensure as a mobile
      surgical facility. Provides that required agency
29    inspections of mobile surgical facilities shall apply
      only to alterations of or additions to licensed
30    facilities. Authorizes the establishment of separate
      standards for mobile surgical facilities. Provides an
31    exemption from review and application for certificate of
      need under ch. 408, F.S., for mobile surgical facilities.
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