House Bill 1839c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
By the Committee on Health Care Licensing & Regulation and
Representatives Ritter and Goodlette
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 amending s. 20.42, F.S.; reassigning the Agency
4 for Health Care Administration to the
5 Department of Health Care; requiring the
6 Executive Director of Health Care
7 Administration to be confirmed by the Senate;
8 making changes in the organizational structure
9 of the agency; amending s. 20.43, F.S.;
10 redesignating the Department of Health as the
11 Department of Health Care; repealing
12 authorization for the Department of Health to
13 contract with the Agency for Health Care
14 Administration for certain services;
15 transferring to the Department of Health Care
16 the powers, duties, functions, and assets that
17 relate to the consumer complaint services,
18 investigations, and prosecutorial services that
19 are performed by the Agency for Health Care
20 Administration under contract with the
21 Department of Health; providing for the
22 appointment of and duties for an Organizational
23 Efficiency Advisory Committee; providing for a
24 reviser's bill; providing for the validity of
25 pending judicial and administrative
26 proceedings; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 20.42, Florida Statutes, 1998
31 Supplement, is amended to read:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 20.42 Agency for Health Care Administration.--There is
2 created the Agency for Health Care Administration within the
3 Department of Health Care Business and Professional
4 Regulation. The agency shall be a separate budget entity, and
5 the executive director of the agency shall be the agency head
6 for all purposes. The agency shall not be subject to control,
7 supervision, or direction by the Department of Health Care
8 Business and Professional Regulation in any manner, including,
9 but not limited to, personnel, purchasing, transactions
10 involving real or personal property, and budgetary matters.
11 (1) EXECUTIVE DIRECTOR OF HEALTH CARE
12 ADMINISTRATION.--The head of the agency is the Executive
13 Director of Health Care Administration, who shall be appointed
14 by the Governor, subject to confirmation by the Senate. The
15 executive director shall serve at the pleasure of and report
16 to the Governor. The requirement for Senate confirmation
17 applies to any person appointed on or after October 1, 1999.
18 (2) ORGANIZATION OF THE AGENCY.--The agency shall be
19 organized as follows:
20 (a) The Division of Managed Care and Health Quality
21 Assurance, which shall be responsible for health facility
22 licensure and inspection, managed competition, managed care,
23 and the certificate-of-need program.
24 (b) The Division of Health Policy and Cost Control,
25 which shall be responsible for health policy, the State Center
26 for Health Statistics, the development of The Florida Health
27 Plan, certificate of need, state and local health planning
28 under s. 408.033, and research and analysis.
29 (b)(c) The Division of Medicaid, which State Health
30 Purchasing shall be responsible for the Medicaid program. The
31 division shall also administer the Florida Kidcare program
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 contracts with the Florida Health Access Corporation program
2 and the Florida Health Care Purchasing Cooperative and the
3 contract with the Florida Healthy Kids Corporation.
4 (c)(d) The Division of Administration and Information
5 Administrative Services, which shall be responsible for
6 finance and accounting revenue management, budget, personnel,
7 and general services, management information services, and the
8 State Center for Health Statistics.
9 (3) DEPUTY DIRECTOR FOR MANAGED CARE AND HEALTH
10 QUALITY ASSURANCE.--The director shall appoint a Deputy
11 Director for Managed Care and Health Quality Assurance who
12 shall serve at the pleasure of, and be directly responsible
13 to, the executive director. The Deputy Director for Managed
14 Care and Health Quality Assurance shall be responsible for the
15 Division of Managed Care and Health Quality Assurance.
16 (4) DEPUTY DIRECTOR FOR HEALTH POLICY AND COST
17 CONTROL.--The director shall appoint a Deputy Director for
18 Health Policy and Cost Control who shall serve at the pleasure
19 of, and be directly responsible to, the director. The Deputy
20 Director for Health Policy and Cost Control shall be
21 responsible for the Division of Health Policy and Cost
22 Control.
23 (4)(5) DEPUTY DIRECTOR FOR MEDICAID STATE HEALTH
24 PURCHASING.--The executive director shall appoint a Deputy
25 Director for Medicaid State Health Purchasing who shall serve
26 at the pleasure of, and be directly responsible to, the
27 executive director. The Deputy Director for Medicaid State
28 Health Purchasing shall be responsible for the Division of
29 Medicaid State Health Purchasing.
30 (5)(6) DEPUTY DIRECTOR FOR ADMINISTRATION AND
31 INFORMATION OF ADMINISTRATIVE SERVICES.--The executive
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 director shall appoint a Deputy Director for Administration
2 and Information of Administrative Services who shall serve at
3 the pleasure of, and be directly responsible to, the executive
4 director. The Deputy Director for Administration and
5 Information Services shall be responsible for the Division of
6 Administration and Information Administrative Services.
7 Section 2. Section 20.43, Florida Statutes, 1998
8 Supplement, is amended to read:
9 20.43 Department of Health Care.--There is created a
10 Department of Health Care.
11 (1) The purpose of the Department of Health Care is to
12 promote and protect the health of all residents and visitors
13 in the state through organized state and community efforts,
14 including cooperative agreements with counties. The
15 department shall:
16 (a) Prevent, to the fullest extent possible, the
17 occurrence and progression of communicable and noncommunicable
18 diseases and disabilities.
19 (b) Maintain a constant surveillance of disease
20 occurrence and accumulate health statistics necessary to
21 establish disease trends and to design health programs.
22 (c) Conduct special studies of the causes of diseases
23 and formulate preventive strategies.
24 (d) Promote the maintenance and improvement of the
25 environment as it affects public health.
26 (e) Promote the maintenance and improvement of health
27 in the residents of the state.
28 (f) Provide leadership, in cooperation with the public
29 and private sectors, in establishing statewide and community
30 public health delivery systems.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 (g) Provide health care and early intervention
2 services to infants, toddlers, children, adolescents, and
3 high-risk perinatal patients who are at risk for disabling
4 conditions or have chronic illnesses.
5 (h) Provide services to abused and neglected children
6 through child protection teams and sexual abuse treatment
7 programs.
8 (i) Develop working associations with all agencies and
9 organizations involved and interested in health and health
10 care delivery.
11 (j) Analyze trends in the evolution of health systems,
12 and identify and promote the use of innovative, cost-effective
13 health delivery systems.
14 (k) Serve as the statewide repository of all aggregate
15 data accumulated by state agencies related to health care;
16 analyze that data and issue periodic reports and policy
17 statements, as appropriate; require that all aggregated data
18 be kept in a manner that promotes easy utilization by the
19 public, state agencies, and all other interested parties;
20 provide technical assistance as required; and work
21 cooperatively with the state's higher education programs to
22 promote further study and analysis of health care systems and
23 health care outcomes.
24 (l) Biennially publish, and annually update, a state
25 health plan that assesses current health programs, systems,
26 and costs; makes projections of future problems and
27 opportunities; and recommends changes needed in the health
28 care system to improve the public health.
29 (m) Regulate health practitioners, to the extent
30 authorized by the Legislature, as necessary for the
31 preservation of the health, safety, and welfare of the public.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 (2) The head of the Department of Health Care is the
2 Secretary of Health Care and State Health Officer. The
3 secretary must be a physician licensed under chapter 458 or
4 chapter 459 who has advanced training or extensive experience
5 in public health administration. The secretary is appointed
6 by the Governor, subject to confirmation by the Senate. The
7 secretary serves at the pleasure of the Governor.
8 (3) The following divisions of the Department of
9 Health Care are established, and each division is under the
10 direct supervision of a division director appointed by the
11 secretary:
12 (a) Division of Administration.
13 (b) Division of Environmental Health.
14 (c) Division of Disease Control.
15 (d) Division of Family Health Services.
16 (e) Division of Children's Medical Services.
17 (f) Division of Local Health Planning, Education, and
18 Workforce Development.
19 (g) Division of Medical Quality Assurance, which is
20 responsible for the following boards and professions
21 established within the division:
22 1. Nursing assistants, as provided under s. 400.211.
23 2. Health care services pools, as provided under s.
24 402.48.
25 3. The Board of Acupuncture, created under chapter
26 457.
27 4. The Board of Medicine, created under chapter 458.
28 5. The Board of Osteopathic Medicine, created under
29 chapter 459.
30 6. The Board of Chiropractic Medicine, created under
31 chapter 460.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 7. The Board of Podiatric Medicine, created under
2 chapter 461.
3 8. Naturopathy, as provided under chapter 462.
4 9. The Board of Optometry, created under chapter 463.
5 10. The Board of Nursing, created under chapter 464.
6 11. The Board of Pharmacy, created under chapter 465.
7 12. The Board of Dentistry, created under chapter 466.
8 13. Midwifery, as provided under chapter 467.
9 14. The Board of Speech-Language Pathology and
10 Audiology, created under part I of chapter 468.
11 15. The Board of Nursing Home Administrators, created
12 under part II of chapter 468.
13 16. The Board of Occupational Therapy, created under
14 part III of chapter 468.
15 17. Respiratory therapy, as provided under part V of
16 chapter 468.
17 18. Dietetics and nutrition practice, as provided
18 under part X of chapter 468.
19 19. Athletic trainers, as provided under part XIII of
20 chapter 468.
21 20. The Board of Orthotists and Prosthetists, created
22 under part XIV of chapter 468.
23 21. Electrolysis, as provided under chapter 478.
24 22. The Board of Massage Therapy, created under
25 chapter 480.
26 23. The Board of Clinical Laboratory Personnel,
27 created under part III of chapter 483.
28 24. Medical physicists, as provided under part IV of
29 chapter 483.
30 25. The Board of Opticianry, created under part I of
31 chapter 484.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 26. The Board of Hearing Aid Specialists, created
2 under part II of chapter 484.
3 27. The Board of Physical Therapy Practice, created
4 under chapter 486.
5 28. The Board of Psychology, created under chapter
6 490.
7 29. School psychologists, as provided under chapter
8 490.
9 30. The Board of Clinical Social Work, Marriage and
10 Family Therapy, and Mental Health Counseling, created under
11 chapter 491.
12
13 The department may contract with the Agency for Health Care
14 Administration who shall provide consumer complaint,
15 investigative, and prosecutorial services required by the
16 Division of Medical Quality Assurance, councils, or boards, as
17 appropriate.
18 (4)(a) The members of each board within the department
19 shall be appointed by the Governor, subject to confirmation by
20 the Senate. Consumer members on the board shall be appointed
21 pursuant to paragraph (b). Members shall be appointed for
22 4-year terms, and such terms shall expire on October 31.
23 However, a term of less than 4 years may be used to ensure
24 that:
25 1. No more than two members' terms expire during the
26 same calendar year for boards consisting of seven or eight
27 members.
28 2. No more than 3 members' terms expire during the
29 same calendar year for boards consisting of 9 to 12 members.
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 3. No more than 5 members' terms expire during the
2 same calendar year for boards consisting of 13 or more
3 members.
4
5 A member whose term has expired shall continue to serve on the
6 board until such time as a replacement is appointed. A
7 vacancy on the board shall be filled for the unexpired portion
8 of the term in the same manner as the original appointment.
9 No member may serve for more than the remaining portion of a
10 previous member's unexpired term, plus two consecutive 4-year
11 terms of the member's own appointment thereafter.
12 (b) Each board with five or more members shall have at
13 least two consumer members who are not, and have never been,
14 members or practitioners of the profession regulated by such
15 board or of any closely related profession. Each board with
16 fewer than five members shall have at least one consumer
17 member who is not, and has never been, a member or
18 practitioner of the profession regulated by such board or of
19 any closely related profession.
20 (c) Notwithstanding any other provision of law, the
21 department is authorized to establish uniform application
22 forms and certificates of licensure for use by the boards
23 within the department. Nothing in this paragraph authorizes
24 the department to vary any substantive requirements, duties,
25 or eligibilities for licensure or certification as provided by
26 law.
27 (5) The department shall plan and administer its
28 public health programs through its county health departments
29 and may, for administrative purposes and efficient service
30 delivery, establish up to 15 service areas to carry out such
31 duties as may be prescribed by the secretary. The boundaries
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 of the service areas shall be the same as, or combinations of,
2 the districts of the health and human services boards
3 established in s. 20.19 and, to the extent practicable, shall
4 take into consideration the boundaries of the jobs and
5 education regional boards.
6 (6) The secretary and division directors are
7 authorized to appoint ad hoc advisory committees as necessary.
8 The issue or problem that the ad hoc committee shall address,
9 and the timeframe within which the committee is to complete
10 its work, shall be specified at the time the committee is
11 appointed. Ad hoc advisory committees shall include
12 representatives of groups or entities affected by the issue or
13 problem that the committee is asked to examine. Members of ad
14 hoc advisory committees shall receive no compensation, but
15 may, within existing departmental resources, receive
16 reimbursement for travel expenses as provided in s. 112.061.
17 (7) To protect and improve the public health, the
18 department may use state or federal funds to:
19 (a) Provide incentives, including food coupons or
20 payment for travel expenses, for encouraging disease
21 prevention and patient compliance with medical treatment, such
22 as tuberculosis therapy.
23 (b) Plan and conduct health education campaigns for
24 the purpose of protecting or improving public health. The
25 department may purchase promotional items and advertising,
26 such as space on billboards or in publications or radio or
27 television time, for health information and promotional
28 messages that recognize that the following behaviors, among
29 others, are detrimental to public health: unprotected sexual
30 intercourse, other than with one's spouse; cigarette smoking;
31 alcohol consumption or other substance abuse during pregnancy;
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 alcohol abuse or other substance abuse; lack of exercise and
2 poor diet and nutrition habits; and failure to recognize and
3 address a genetic tendency to suffer from sickle-cell anemia,
4 diabetes, high blood pressure, cardiovascular disease, or
5 cancer. For purposes of activities under this paragraph, the
6 department of Health may establish requirements for local
7 matching funds or in-kind contributions to create and
8 distribute advertisements, in either print or electronic
9 format, which are concerned with each of the targeted
10 behaviors, establish an independent evaluation and feedback
11 system for the public health communication campaign, and
12 monitor and evaluate the efforts to determine which of the
13 techniques and methodologies are most effective.
14 (c) Plan and conduct promotional campaigns to recruit
15 health professionals to be employed by the department or to
16 recruit participants in departmental programs for health
17 practitioners, such as scholarship, loan repayment, or
18 volunteer programs. To this effect the department may purchase
19 promotional items and advertising.
20 Section 3. (1) Effective July 1, 1999, all powers,
21 duties, functions, records, personnel, property, and
22 unexpended balances of appropriations, allocations, and other
23 funds of the Agency for Health Care Administration which
24 relate to consumer complaint services, investigations, and
25 prosecutorial services and which are currently provided by the
26 Agency for Health Care Administration under a contract with
27 the Department of Health are transferred by a type two
28 transfer, as defined in s. 20.06(2), Florida Statutes, to the
29 Department of Health Care. Any rules adopted by or for the
30 Agency for Health Care Administration for the purpose of
31 administering or operating such programs are included in this
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 transfer and shall remain in effect until specifically changed
2 in the manner provided by law.
3 (2)(a) All records, personnel, and funds of the
4 consumer complaint and investigative services units are
5 transferred and assigned to the Division of Medical Quality
6 Assurance of the Department of Health Care.
7 (b) All records, personnel, and funds of the
8 prosecutorial unit are transferred and assigned to the Office
9 of the General Counsel of the Department of Health Care.
10 Section 4. The Secretary of Health Care and the
11 Executive Director of Health Care Administration shall each
12 appoint four staff members to an Organizational Efficiency
13 Advisory Committee. Appointments must be made no later than
14 August 1, 1999. The Secretary of Health Care shall designate a
15 member of the committee to serve as committee chair. The
16 committee shall be assigned, for administrative purposes only,
17 to the Department of Health Care. The committee shall review
18 current activities and make recommendations regarding
19 consolidation of potentially duplicative functions,
20 particularly those relating to administrative services, legal
21 services, information and management information systems, and
22 data and planning services, and any needed modifications in
23 organizational structure. The committee shall report its
24 findings, including recommendations for changes in state
25 policy, rules, and statutes that will improve the
26 administrative efficiency of the Department of Health Care and
27 the Agency for Health Care Administration, to the Secretary of
28 Health Care, the Executive Director of Health Care
29 Administration, the Governor, the President of the Senate, and
30 the Speaker of the House of Representatives by January 15,
31 2000.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1839
601-156-99
1 Section 5. The Division of Statutory Revision of the
2 Office of Legislative Services is requested to prepare a
3 reviser's bill for introduction at a subsequent session of the
4 Legislature to change the term "Department of Health" to
5 "Department of Health Care" in the Florida Statutes and to
6 make such further changes as are necessary to conform the
7 Florida Statutes to the organizational changes effected by
8 this act.
9 Section 6. This act does not affect the validity of
10 any judicial or administrative proceeding pending as of the
11 effective date of this act, and any entity to which are
12 transferred the powers, duties, and functions of any agency
13 relating to the pending proceedings shall be substituted as a
14 party in interest.
15 Section 7. This act shall take effect July 1, 1999.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
13