House Bill 1991

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    Florida House of Representatives - 2000                HB 1991

        By Representative Casey






  1                      A bill to be entitled

  2         An act relating to trauma services; creating s.

  3         395.4001, F.S.; providing definitions; amending

  4         s. 395.401, F.S.; deleting definitions;

  5         revising minimum components for local and

  6         regional trauma services system plans; amending

  7         s. 395.4015, F.S.; revising minimum components

  8         for state regional trauma system plans;

  9         providing for a statewide inclusive trauma

10         system; amending s. 395.4045, F.S.; revising

11         requirements relating to trauma transport

12         protocols; providing for uniform protocols;

13         revising requirements relating to the trauma

14         scoring system and rules related thereto;

15         revising requirements relating to trauma

16         transport protocols and rules related thereto;

17         providing medical responsibility and

18         accountability for trauma victims during

19         interfacility trauma transfer; requiring the

20         Department of Health to adopt and enforce

21         certain rules; amending s. 395.405, F.S.;

22         providing rulemaking and enforcement authority;

23         amending ss. 395.4025, 395.50, 322.0602, and

24         440.13, F.S.; correcting cross references;

25         providing an effective date.

26

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

28

29         Section 1.  Section 395.4001, Florida Statutes, is

30  created to read:

31         395.4001  Definitions.--As used in this part, the term:

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  1         (1)  "Agency" means the Agency for Health Care

  2  Administration.

  3         (2)  "Charity care" or "uncompensated charity care"

  4  means that portion of hospital charges reported to the agency

  5  for which there is no compensation for care provided to a

  6  patient whose family income for the 12 months preceding the

  7  determination is less than or equal to 150 percent of the

  8  federal poverty level, unless the amount of hospital charges

  9  due from the patient exceeds 25 percent of the annual family

10  income. However, in no case shall the hospital charges for a

11  patient whose family income exceeds four times the federal

12  poverty level for a family of four be considered charity.

13         (3)  "Department" means the Department of Health.

14         (4)  "Interfacility trauma transfer" means the transfer

15  of a trauma victim between two facilities licensed under this

16  chapter, pursuant to this part.

17         (5)  "Level I trauma center" means a trauma center

18  that:

19         (a)  Has formal research and education programs for the

20  enhancement of trauma care and is determined by the department

21  to be in substantial compliance with Level I trauma center and

22  pediatric trauma referral center standards.

23         (b)  Serves as a resource facility to Level II trauma

24  centers, pediatric trauma referral centers, and general

25  hospitals through shared outreach, education, and quality

26  improvement activities.

27         (c)  Participates in an inclusive system of trauma

28  care, including providing leadership, system evaluation, and

29  quality improvement activities.

30         (6)  "Level II trauma center" means a trauma center

31  that:

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  1         (a)  Is determined by the department to be in

  2  substantial compliance with Level II trauma center standards.

  3         (b)  Serves as a resource facility to general hospitals

  4  through shared outreach, education, and quality improvement

  5  activities.

  6         (c)  Participates in an inclusive system of trauma

  7  care.

  8         (7)  "Pediatric trauma referral center" means a

  9  hospital that is determined by the department to be in

10  substantial compliance with pediatric trauma referral center

11  standards as established by rule of the department.

12         (8)  "State-approved trauma center" means a hospital

13  that has successfully completed the selection process pursuant

14  to s. 395.4025 and has been approved by the department to

15  operate as a trauma center in the state.

16         (9)  "State-sponsored trauma center" means a trauma

17  center or pediatric trauma referral center that receives state

18  funding for trauma care services under s. 395.403.

19         (10)  "Trauma agency" means a department-approved

20  agency established and operated by one or more counties, or a

21  department-approved entity with which one or more counties

22  contract, for the purpose of administering an inclusive

23  regional trauma system.

24         (11)  "Trauma alert victim" means a person who has

25  incurred a single or multisystem injury due to blunt or

26  penetrating means or burns, who requires immediate medical

27  intervention or treatment, and who meets one or more of the

28  adult or pediatric scorecard criteria established by the

29  department by rule.

30         (12)  "Trauma center" means any hospital that has been

31  determined by the department to be in substantial compliance

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  1  with trauma center verification standards as either

  2  state-approved or provisional state-approved.

  3         (13)  "Trauma scorecard" means a statewide methodology

  4  adopted by the department by rule under which a person who has

  5  incurred a traumatic injury is graded as to the severity of

  6  his or her injuries or illness and which methodology is used

  7  as the basis for making destination decisions.

  8         (14)  "Trauma transport protocol" means a document

  9  which describes the policies, processes, and procedures

10  governing the dispatch of vehicles, the triage, prehospital

11  transport, and interfacility trauma transfer of trauma

12  victims.

13         (15)  "Trauma victim" means any person who has incurred

14  a single or multisystem injury due to blunt or penetrating

15  means or burns and who requires immediate medical intervention

16  or treatment.

17         Section 2.  Subsection (1) and paragraph (b) of

18  subsection (2) of section 395.401, Florida Statutes, are

19  amended to read:

20         395.401  Trauma services system plans; verification of

21  trauma centers and pediatric trauma referral centers;

22  procedures; renewal.--

23         (1)  As used in this part, the term:

24         (a)  "Agency" means the Agency for Health Care

25  Administration.

26         (b)  "Charity care" or "uncompensated charity care"

27  means that portion of hospital charges reported to the agency

28  for which there is no compensation for care provided to a

29  patient whose family income for the 12 months preceding the

30  determination is less than or equal to 150 percent of the

31  federal poverty level, unless the amount of hospital charges

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  1  due from the patient exceeds 25 percent of the annual family

  2  income. However, in no case shall the hospital charges for a

  3  patient whose family income exceeds four times the federal

  4  poverty level for a family of four be considered charity.

  5         (c)  "Department" means the Department of Health.

  6         (d)  "Level I trauma center" means a hospital that is

  7  determined by the department to be in substantial compliance

  8  with trauma center and pediatric trauma referral center

  9  verification standards as established by rule of the

10  department, and which:

11         1.  Has formal research and education programs for the

12  enhancement of trauma care.

13         2.  Serves as a resource facility to Level II trauma

14  centers, pediatric trauma referral centers, and community

15  hospitals.

16         3.  Ensures an organized system of trauma care.

17         (e)  "Level II trauma center" means a hospital that is

18  determined by the department to be in substantial compliance

19  with trauma center verification standards as established by

20  rule of the department, and which:

21         1.  Serves as a resource facility to community

22  hospitals.

23         2.  Ensures an organized system of trauma care.

24         (f)  "Pediatric trauma referral center" means a

25  hospital that is determined to be in substantial compliance

26  with pediatric trauma referral center standards as established

27  by rule of the department.

28         (g)  "State-approved trauma center" means a hospital

29  that has successfully completed the state-approved selection

30  process pursuant to s. 395.4025 and has been approved by the

31  department to operate as a trauma center in the state.

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  1         (h)  "State-sponsored trauma center" means a

  2  state-approved trauma center that receives state funding for

  3  trauma care services.

  4         (i)  "Trauma agency" means an agency established and

  5  operated by one or more counties, or an entity with which one

  6  or more counties contract, for the purpose of administering an

  7  inclusive regional trauma system.

  8         (j)  "Trauma alert victim" means a person who has

  9  incurred a single or multisystem injury due to blunt or

10  penetrating means or burns; who requires immediate medical

11  intervention or treatment; and who meets one or more of the

12  adult or pediatric scorecard criteria established by the

13  department by rule.

14         (k)  "Trauma center" means any hospital that has been

15  determined by the department to be in substantial compliance

16  with trauma center verification standards.

17         (l)  "Trauma scorecard" means a statewide methodology

18  adopted by the department by rule under which a person who has

19  incurred a traumatic injury is graded as to the severity of

20  his or her injuries or illness and which methodology is used

21  as the basis for making destination decisions.

22         (m)  "Trauma victim" means any person who has incurred

23  a single or multisystem injury due to blunt or penetrating

24  means or burns and who requires immediate medical intervention

25  or treatment.

26         (1)(2)

27         (b)  The local and regional trauma agencies shall

28  develop and submit to the department plans for local and

29  regional trauma services systems. The plans must include, at a

30  minimum, the following components:

31         1.  The organizational structure of the trauma system.

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  1         2.  Prehospital care management guidelines for triage

  2  and transportation of trauma cases.

  3         3.  Flow patterns of trauma cases and transportation

  4  system design and resources, including air transportation

  5  services, and provision for interfacility trauma transfer, and

  6  the prehospital transportation of trauma victims. The trauma

  7  agency shall plan for the development of a system of

  8  transportation of trauma alert victims to trauma centers where

  9  the distance or time to a trauma center or transportation

10  resources diminish access by trauma alert victims.

11         4.  The number and location of needed state-approved

12  trauma centers based on local needs, population, and location

13  and distribution of resources.

14         5.  Data collection regarding system operation and

15  patient outcome.

16         6.  Periodic performance evaluation of the trauma

17  system and its components.

18         7.  The use of air transport services within the

19  jurisdiction of the local trauma agency.

20         8.  Public information and education about the trauma

21  system.

22         9.  Emergency medical services communication system

23  usage and dispatching.

24         10.  The coordination and integration between the

25  verified trauma care facility and the nonverified health care

26  facilities.

27         11.  Medical control and accountability.

28         12.  Quality control and system evaluation.

29         Section 3.  Paragraphs (d), (l), and (n) of subsection

30  (2) of section 395.4015, Florida Statutes, are amended, and

31  subsection (4) is added to said section, to read:

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  1         395.4015  State regional trauma planning; trauma

  2  regions.--

  3         (2)  The department shall develop trauma systems plans

  4  for the department-defined trauma regions which include at a

  5  minimum the following components:

  6         (d)  Flow patterns of trauma cases and transportation

  7  system design and resources, including air transportation

  8  services, and provision for interfacility trauma transfer, and

  9  the prehospital transportation of trauma victims. The

10  department shall plan for the development of a system of

11  transportation of trauma alert victims to trauma centers where

12  the distance or time to a trauma center or transportation

13  resources diminish access by trauma alert victims.

14         (l)  The coordination and integration between the

15  state-sponsored trauma centers, verified trauma centers, and

16  other health care facilities which may provide services to

17  trauma victims.

18         (n)  Quality management control and system evaluation.

19         (4)  The department shall use the state trauma system

20  plan as the basis for establishing a statewide inclusive

21  trauma system.

22         Section 4.  Paragraph (b) of subsection (2) of section

23  395.4025, Florida Statutes, is amended to read:

24         395.4025  Selection of state-approved trauma centers.--

25         (2)

26         (b)  By October 15, the department shall send to all

27  hospitals that submitted a letter of intent an application

28  package that will provide the hospitals with instructions for

29  submitting information to the department for selection as a

30  state-approved trauma center. The standards for verification

31  of trauma centers and pediatric trauma referral centers

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  1  provided for in s. 395.401(2)(3), as adopted by rule of the

  2  department, shall serve as the basis for these instructions.

  3         Section 5.  Section 395.4045, Florida Statutes, is

  4  amended to read:

  5         395.4045  Emergency medical service providers; trauma

  6  transport protocols; transport of trauma alert victims to

  7  trauma centers; interfacility transfer.--

  8         (1)  Each emergency medical services provider licensed

  9  under chapter 401 shall transport trauma alert victims to

10  hospitals approved as trauma centers, except as may be

11  provided for either in the department-approved local or

12  regional trauma transport protocol of the trauma agency for

13  the geographical area in which the emergency medical services

14  licensee provides services or, if no such department-approved

15  local or regional trauma transport protocol is in effect, as

16  provided for in a department-approved provider's trauma

17  transport protocol.

18         (2)  A trauma agency may develop a uniform trauma

19  transport protocol that is applicable to the emergency medical

20  services licensees providing services within the geographical

21  boundaries of the trauma agency. Development of a uniform

22  trauma protocol by a trauma agency regional trauma protocols

23  shall be through consultation with interested parties,

24  including, but not limited to, each approved trauma center;

25  physicians specializing in trauma care, emergency care, and

26  surgery in the region; each trauma system administrator in the

27  region; and each emergency medical service provider in the

28  region licensed under chapter 401, and such providers'

29  respective medical directors.

30         (3)  Trauma alert victims shall be identified through

31  the use of a trauma scoring system, including adult and

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  1  pediatric assessment as specified in rule of the department.

  2  The rule shall also include the requirements of licensed

  3  emergency medical services providers for performing and

  4  documenting these assessments.

  5         (4)  The department shall specify by rule the subjects

  6  and the minimum criteria related to prehospital trauma

  7  transport, trauma center or hospital destination

  8  determinations, and interfacility trauma transfer to be

  9  included in a trauma agency's or an emergency medical service

10  provider's trauma transport protocol and shall approve or

11  disapprove each such protocol. Trauma transport protocol rules

12  pertaining to the air transportation of trauma victims shall

13  be consistent with, but not limited to, applicable Federal

14  Aviation Administration regulation. Emergency medical services

15  licensees and trauma agencies shall be subject to monitoring

16  by the department, under ss. 395.401(3) and 402.31(1) for

17  compliance with requirements, as applicable, regarding trauma

18  transport protocols and the transport of trauma victims.

19         (5)  If there is no department-approved trauma agency

20  trauma transport protocol for the geographical area in which

21  the emergency medical services license applicant intends to

22  provide services, as provided for in subsection (1), each

23  applicant for licensure as an emergency medical services

24  provider, under chapter 401, must submit and obtain department

25  approval of a trauma transport protocol prior to the

26  department granting a license. The department shall prescribe

27  by rule the submission and approval process for an applicant's

28  trauma transport protocols whether the applicant will be using

29  a trauma agency's or its own trauma transport protocol.

30         (6)(2)  If an air ambulance service is available in the

31  trauma service area in which an emergency medical service

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  1  provider is located, trauma transport protocols shall not

  2  provide for transport outside of the trauma service area

  3  unless otherwise provided for by written mutual agreement.  If

  4  air ambulance service is not available and there is no

  5  agreement for interagency transport of trauma patients between

  6  two adjacent local or regional trauma agencies, both of which

  7  include at least one approved trauma center, then the

  8  transport of a trauma patient with an immediately

  9  life-threatening condition shall be to the most appropriate

10  trauma center as defined pursuant to trauma transport

11  protocols approved by the department. The provisions of this

12  subsection shall apply only to those counties with a

13  population in excess of 1 million residents.

14         (7)  The medical director of an emergency medical

15  services provider licensed under chapter 401 shall have

16  medical responsibility and accountability for the trauma

17  victim during an interfacility trauma transfer.

18         (8)  The department shall adopt and enforce all rules

19  necessary to administer this section. The department shall

20  adopt and enforce rules to specify the submission and approval

21  process for trauma transport protocols or modifications to

22  trauma transport protocols by trauma agencies and licensed

23  emergency medical services providers.

24         Section 6.  Section 395.405, Florida Statutes, is

25  amended to read:

26         395.405  Rulemaking authority.--The department shall

27  adopt and enforce all rules necessary to administer to

28  implement ss. 395.0199, 395.4001, 395.401, 395.4015, 395.402,

29  395.4025, 395.403, 395.404, and 395.4045.

30         Section 7.  Subsection (8) of section 395.50, Florida

31  Statutes, is amended to read:

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  1         395.50  Quality assurance activities of trauma

  2  agencies.--

  3         (8)  Nothing in this section, ss. 395.4001-395.405

  4  395.401-395.405, or s. 395.51 prohibits admitting into

  5  evidence patient care, transport, or treatment records or

  6  reports, or records or reports of the department in any civil

  7  or administrative action brought by or involving the

  8  department, excluding the name, residence or business address,

  9  telephone number, social security or other identifying number,

10  or photograph of any person or the spouse, relative, or

11  guardian of such person or other patient-specific information

12  that otherwise identifies the patient, either directly or

13  indirectly.

14         Section 8.  Paragraph (a) of subsection (4) of section

15  322.0602, Florida Statutes, is amended to read:

16         322.0602  Youthful Drunk Driver Visitation Program.--

17         (4)  VISITATION REQUIREMENT.--

18         (a)  To the extent that personnel and facilities are

19  made available to the court, the court may include a

20  requirement for supervised visitation by the probationer to

21  all, or any, of the following:

22         1.  A trauma center, as defined in s. 395.4001 395.401,

23  or a hospital as defined in s. 395.002, which regularly

24  receives victims of vehicle accidents, between the hours of 10

25  p.m. and 2 a.m. on a Friday or Saturday night, in order to

26  observe appropriate victims of vehicle accidents involving

27  drinking drivers, under the supervision of any of the

28  following:

29         a.  A registered nurse trained in providing emergency

30  trauma care or prehospital advanced life support.

31         b.  An emergency room physician.

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  1         c.  An emergency medical technician.

  2         2.  A licensed service provider, as defined in s.

  3  397.311, which cares for substance abuse impaired persons, to

  4  observe persons in the terminal stages of substance abuse

  5  impairment, under the supervision of appropriately licensed

  6  medical personnel. Prior to any visitation of such terminally

  7  ill or disabled persons, the persons or their legal

  8  representatives must give their express consent to participate

  9  in the visitation program.

10         3.  If approved by the county coroner, the county

11  coroner's office or the county morgue to observe appropriate

12  victims of vehicle accidents involving drinking drivers, under

13  the supervision of the coroner or a deputy coroner.

14         Section 9.  Paragraph (c) of subsection (12) of section

15  440.13, Florida Statutes, is amended to read:

16         440.13  Medical services and supplies; penalty for

17  violations; limitations.--

18         (12)  CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM

19  REIMBURSEMENT ALLOWANCES.--

20         (c)  Reimbursement for all fees and other charges for

21  such treatment, care, and attendance, including treatment,

22  care, and attendance provided by any hospital or other health

23  care provider, ambulatory surgical center, work-hardening

24  program, or pain program, must not exceed the amounts provided

25  by the uniform schedule of maximum reimbursement allowances as

26  determined by the panel or as otherwise provided in this

27  section. This subsection also applies to independent medical

28  examinations performed by health care providers under this

29  chapter. Until the three-member panel approves a uniform

30  schedule of maximum reimbursement allowances and it becomes

31  effective, all compensable charges for treatment, care, and

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  1  attendance provided by physicians, ambulatory surgical

  2  centers, work-hardening programs, or pain programs shall be

  3  reimbursed at the lowest maximum reimbursement allowance

  4  across all 1992 schedules of maximum reimbursement allowances

  5  for the services provided regardless of the place of service.

  6  In determining the uniform schedule, the panel shall first

  7  approve the data which it finds representative of prevailing

  8  charges in the state for similar treatment, care, and

  9  attendance of injured persons. Each health care provider,

10  health care facility, ambulatory surgical center,

11  work-hardening program, or pain program receiving workers'

12  compensation payments shall maintain records verifying their

13  usual charges. In establishing the uniform schedule of maximum

14  reimbursement allowances, the panel must consider:

15         1.  The levels of reimbursement for similar treatment,

16  care, and attendance made by other health care programs or

17  third-party providers;

18         2.  The impact upon cost to employers for providing a

19  level of reimbursement for treatment, care, and attendance

20  which will ensure the availability of treatment, care, and

21  attendance required by injured workers;

22         3.  The financial impact of the reimbursement

23  allowances upon health care providers and health care

24  facilities, including trauma centers as defined in s. 395.4001

25  395.401, and its effect upon their ability to make available

26  to injured workers such medically necessary remedial

27  treatment, care, and attendance. The uniform schedule of

28  maximum reimbursement allowances must be reasonable, must

29  promote health care cost containment and efficiency with

30  respect to the workers' compensation health care delivery

31  system, and must be sufficient to ensure availability of such

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  1  medically necessary remedial treatment, care, and attendance

  2  to injured workers; and

  3         4.  The most recent average maximum allowable rate of

  4  increase for hospitals determined by the Health Care Board

  5  under chapter 408.

  6         Section 10.  This act shall take effect October 1,

  7  2000.

  8

  9            *****************************************

10                          HOUSE SUMMARY

11
      Revises definitions relating to the provision of trauma
12    services.  Revises minimum components for the local and
      regional trauma services system plans and the state
13    regional trauma system plans, and provides for a
      statewide inclusive trauma system. Revises requirements
14    relating to trauma transport protocols, and provides for
      uniform protocols. Revises requirements relating to the
15    trauma scoring system and trauma transport protocols, and
      rules related thereto. Provides medical responsibility
16    and accountability of the medical director of a licensed
      emergency services provider for trauma victims during
17    interfacility trauma transfer. Requires the Department of
      Health to adopt and enforce certain rules. See bill for
18    details.

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