Senate Bill 2624c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                           CS for SB 2624

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Myers




    317-2127-00

  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.; conforming cross-references;

25         creating the Emergency Services Task Force;

26         providing for membership; requiring the task

27         force to study and make recommendations with

28         respect to the provision of hospital-based

29         emergency services and care; requiring a report

30         to the Legislature; providing effective dates.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2

  3         Section 1.  Section 395.4001, Florida Statutes, is

  4  created to read:

  5         395.4001  Definitions.--As used in this part, the term:

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

  7  Administration.

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

  9  means that portion of hospital charges reported to the agency

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

11  patient whose family income for the 12 months preceding the

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

13  federal poverty level, unless the amount of hospital charges

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

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

16  patient whose family income exceeds four times the federal

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

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

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

20  of a trauma victim between two facilities licensed under this

21  chapter, pursuant to this part.

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

23  that:

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

25  enhancement of trauma care and is determined by the department

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

27  pediatric trauma referral center standards.

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

29  centers, pediatric trauma referral centers, and general

30  hospitals through shared outreach, education, and quality

31  improvement activities.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1         (c)  Participates in an inclusive system of trauma

  2  care, including providing leadership, system evaluation, and

  3  quality improvement activities.

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

  5  that:

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

  7  substantial compliance with Level II trauma center standards.

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

  9  through shared outreach, education, and quality improvement

10  activities.

11         (c)  Participates in an inclusive system of trauma

12  care.

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

14  hospital that is determined by the department to be in

15  substantial compliance with pediatric trauma referral center

16  standards as established by rule of the department.

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

18  that has successfully completed the selection process pursuant

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

20  operate as a trauma center in the state.

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

22  center or pediatric trauma referral center that receives state

23  funding for trauma care services under s. 395.403.

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

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

26  department-approved entity with which one or more counties

27  contract, for the purpose of administering an inclusive

28  regional trauma system.

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

30  incurred a single or multisystem injury due to blunt or

31  penetrating means or burns, who requires immediate medical

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2  adult or pediatric scorecard criteria established by the

  3  department by rule.

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

  5  determined by the department to be in substantial compliance

  6  with trauma center verification standards as either

  7  state-approved or provisional state-approved.

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

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

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

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

12  as the basis for making destination decisions.

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

14  which describes the policies, processes, and procedures

15  governing the dispatch of vehicles, the triage, prehospital

16  transport, and interfacility trauma transfer of trauma

17  victims.

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

19  a single or multisystem injury due to blunt or penetrating

20  means or burns and who requires immediate medical intervention

21  or treatment.

22         Section 2.  Section 395.401, Florida Statutes, is

23  amended to read:

24         395.401  Trauma services system plans; verification of

25  trauma centers and pediatric trauma referral centers;

26  procedures; renewal.--

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

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

29  Administration.

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

31  means that portion of hospital charges reported to the agency

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2  patient whose family income for the 12 months preceding the

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

  4  federal poverty level, unless the amount of hospital charges

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

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

  7  patient whose family income exceeds four times the federal

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

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

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

11  determined by the department to be in substantial compliance

12  with trauma center and pediatric trauma referral center

13  verification standards as established by rule of the

14  department, and which:

15         1.  Has formal research and education programs for the

16  enhancement of trauma care.

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

18  centers, pediatric trauma referral centers, and community

19  hospitals.

20         3.  Ensures an organized system of trauma care.

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

22  determined by the department to be in substantial compliance

23  with trauma center verification standards as established by

24  rule of the department, and which:

25         1.  Serves as a resource facility to community

26  hospitals.

27         2.  Ensures an organized system of trauma care.

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

29  hospital that is determined to be in substantial compliance

30  with pediatric trauma referral center standards as established

31  by rule of the department.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2  that has successfully completed the state-approved selection

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

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

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

  6  state-approved trauma center that receives state funding for

  7  trauma care services.

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

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

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

11  inclusive regional trauma system.

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

13  incurred a single or multisystem injury due to blunt or

14  penetrating means or burns; who requires immediate medical

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

16  adult or pediatric scorecard criteria established by the

17  department by rule.

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

19  determined by the department to be in substantial compliance

20  with trauma center verification standards.

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

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

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

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

25  as the basis for making destination decisions.

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

27  a single or multisystem injury due to blunt or penetrating

28  means or burns and who requires immediate medical intervention

29  or treatment.

30         (1)(2)(a)  The local and regional trauma agencies shall

31  plan, implement, and evaluate trauma services systems, in

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  accordance with this section and ss. 395.4015, 395.404, and

  2  395.4045, which consist of organized patterns of readiness and

  3  response services based on public and private agreements and

  4  operational procedures.

  5         (b)  The local and regional trauma agencies shall

  6  develop and submit to the department plans for local and

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

  8  minimum, the following components:

  9         1.  The organizational structure of the trauma system.

10         2.  Prehospital care management guidelines for triage

11  and transportation of trauma cases.

12         3.  Flow patterns of trauma cases and transportation

13  system design and resources, including air transportation

14  services, and provision for interfacility trauma transfer, and

15  the prehospital transportation of trauma victims. The trauma

16  agency shall plan for the development of a system of

17  transportation of trauma alert victims to trauma centers where

18  the distance or time to a trauma center or transportation

19  resources diminish access by trauma alert victims.

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

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

22  and distribution of resources.

23         5.  Data collection regarding system operation and

24  patient outcome.

25         6.  Periodic performance evaluation of the trauma

26  system and its components.

27         7.  The use of air transport services within the

28  jurisdiction of the local trauma agency.

29         8.  Public information and education about the trauma

30  system.

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1         9.  Emergency medical services communication system

  2  usage and dispatching.

  3         10.  The coordination and integration between the

  4  verified trauma care facility and the nonverified health care

  5  facilities.

  6         11.  Medical control and accountability.

  7         12.  Quality control and system evaluation.

  8         (c)  The department shall receive plans for the

  9  implementation of inclusive trauma systems from trauma

10  agencies.  The department may approve or not approve trauma

11  agency plans based on the conformance of the plan with this

12  section and ss. 395.4015, 395.404, and 395.4045 and the rules

13  adopted by the department pursuant to those sections.  The

14  department shall approve or disapprove the plans within 120

15  days after the date the plans are submitted to the department.

16         (d)  A trauma agency shall not operate unless the

17  department has approved the local or regional trauma services

18  system plan of the agency.

19         (e)  The department may grant an exception to a portion

20  of the rules adopted pursuant to this section or s. 395.4015

21  if the local or regional trauma agency proves that, as defined

22  in the rules, compliance with that requirement would not be in

23  the best interest of the persons served within the affected

24  local or regional trauma area.

25         (f)  A local or regional trauma agency may implement a

26  trauma care system only if the system meets the minimum

27  standards set forth in the rules for implementation

28  established by the department and if the plan has been

29  submitted to, and approved by, the department.  At least 60

30  days before the local or regional trauma agency submits the

31  plan for the trauma care system to the department, the local

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  or regional trauma agency shall hold a public hearing and give

  2  adequate notice of the public hearing to all hospitals and

  3  other interested parties in the area to be included in the

  4  proposed system.

  5         (g)  Local or regional trauma agencies may enter into

  6  contracts for the purpose of implementing the local or

  7  regional plan.  If local or regional agencies contract with

  8  hospitals for trauma services, such agencies must contract

  9  only with hospitals which are verified trauma centers.

10         (h)  Local or regional trauma agencies providing

11  service for more than one county shall, as part of their

12  formation, establish interlocal agreements between or among

13  the several counties in the regional system.

14         (i)  This section does not restrict the authority of a

15  health care facility to provide service for which it has

16  received a license pursuant to this chapter.

17         (j)  Any hospital which is verified as a trauma center

18  shall accept all trauma victims that are appropriate for the

19  facility regardless of race, sex, creed, or ability to pay.

20         (k)  It is unlawful for any hospital or other facility

21  to hold itself out as a trauma center unless it has been so

22  verified.

23         (l)  A county, upon the recommendations of the local or

24  regional trauma agency, may adopt ordinances governing the

25  transport of a patient who is receiving care in the field from

26  prehospital emergency medical personnel when the patient meets

27  specific criteria for trauma, burn, or pediatric centers

28  adopted by the local or regional trauma agency.  These

29  ordinances must be consistent with s. 395.4045, ordinances

30  adopted under s. 401.25(6), and the local or regional trauma

31  system plan and, to the furthest possible extent, must ensure

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  that individual patients receive appropriate medical care

  2  while protecting the interests of the community at large by

  3  making maximum use of available emergency medical care

  4  resources.

  5         (m)  The local or regional trauma agency shall,

  6  consistent with the regional trauma system plan, coordinate

  7  and otherwise facilitate arrangements necessary to develop a

  8  trauma services system.

  9         (n)  After the submission of the initial trauma system

10  plan, each trauma agency shall, every 5th year, submit to the

11  department for approval an updated plan that identifies the

12  changes, if any, to be made in the regional trauma system.

13         (o)  This section does not preclude a local or regional

14  trauma agency from adopting trauma care system standards.

15         (2)(3)  The department shall adopt, by rule, standards

16  for verification of trauma centers based on national

17  guidelines, including those established by the American

18  College of Surgeons entitled "Hospital and Prehospital

19  Resources for Optimal Care of the Injured Patient" and

20  published appendices thereto. Standards specific to pediatric

21  trauma referral centers shall be developed in conjunction with

22  Children's Medical Services and adopted by rule of the

23  department.

24         (3)(4)  The department may withdraw local or regional

25  agency authority, prescribe corrective actions, or use the

26  administrative remedies as provided in s. 395.1065 for the

27  violation of any provision of this section and ss. 395.4015,

28  395.402, 395.4025, 395.403, 395.404, and 395.4045 or rules

29  adopted thereunder.  All amounts collected pursuant to this

30  subsection shall be deposited into the Emergency Medical

31  Services Trust Fund provided in s. 401.34.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

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

  3  subsection (4) is added to that section, to read:

  4         395.4015  State regional trauma planning; trauma

  5  regions.--

  6         (2)  The department shall develop trauma systems plans

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

  8  minimum the following components:

  9         (d)  Flow patterns of trauma cases and transportation

10  system design and resources, including air transportation

11  services, and provision for interfacility trauma transfer, and

12  the prehospital transportation of trauma victims. The

13  department shall plan for the development of a system of

14  transportation of trauma alert victims to trauma centers where

15  the distance or time to a trauma center or transportation

16  resources diminish access by trauma alert victims.

17         (l)  The coordination and integration between the

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

19  other health care facilities which may provide services to

20  trauma victims.

21         (n)  Quality management control and system evaluation.

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

23  plan as the basis for establishing a statewide inclusive

24  trauma system.

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

26  395.4025, Florida Statutes, is amended to read:

27         395.4025  Selection of state-approved trauma centers.--

28         (2)

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

30  hospitals that submitted a letter of intent an application

31  package that will provide the hospitals with instructions for

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  submitting information to the department for selection as a

  2  state-approved trauma center. The standards for verification

  3  of trauma centers and pediatric trauma referral centers

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

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

  6         Section 5.  Section 395.4045, Florida Statutes, is

  7  amended to read:

  8         395.4045  Emergency medical service providers; trauma

  9  transport protocols; transport of trauma alert victims to

10  trauma centers; interfacility transfer.--

11         (1)  Each emergency medical services provider licensed

12  under chapter 401 shall transport trauma alert victims to

13  hospitals approved as trauma centers, except as may be

14  provided for either in the department-approved local or

15  regional trauma transport protocol of the trauma agency for

16  the geographical area in which the emergency medical services

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

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

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

20  transport protocol.

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

22  transport protocol that is applicable to the emergency medical

23  services licensees providing services within the geographical

24  boundaries of the trauma agency. Development of a uniform

25  trauma protocol by a trauma agency regional trauma protocols

26  shall be through consultation with interested parties,

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

28  physicians specializing in trauma care, emergency care, and

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

30  region; and each emergency medical service provider in the

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  region licensed under chapter 401, and such providers'

  2  respective medical directors.

  3         (3)  Trauma alert victims shall be identified through

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

  5  pediatric assessment as specified in rule of the department.

  6  The rule shall also include the requirements of licensed

  7  emergency medical services providers for performing and

  8  documenting these assessments.

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

10  and the minimum criteria related to prehospital trauma

11  transport, trauma center or hospital destination

12  determinations, and interfacility trauma transfer transport by

13  an emergency medical services provider to be included in a

14  trauma agency's or an emergency medical service provider's

15  trauma transport protocol and shall approve or disapprove each

16  such protocol. Trauma transport protocol rules pertaining to

17  the air transportation of trauma victims shall be consistent

18  with, but not limited to, applicable Federal Aviation

19  Administration regulation. Emergency medical services

20  licensees and trauma agencies shall be subject to monitoring

21  by the department, under ss. 395.401(4) and 402.31(1) for

22  compliance with requirements, as applicable, regarding trauma

23  transport protocols and the transport of trauma victims.

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

25  trauma transport protocol for the geographical area in which

26  the emergency medical services license applicant intends to

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

28  applicant for licensure as an emergency medical services

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

30  approval of a trauma transport protocol prior to the

31  department granting a license. The department shall prescribe

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2  trauma transport protocols whether the applicant will be using

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

  4         (6)(2)  If an air ambulance service is available in the

  5  trauma service area in which an emergency medical service

  6  provider is located, trauma transport protocols shall not

  7  provide for transport outside of the trauma service area

  8  unless otherwise provided for by written mutual agreement.  If

  9  air ambulance service is not available and there is no

10  agreement for interagency transport of trauma patients between

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

12  include at least one approved trauma center, then the

13  transport of a trauma patient with an immediately

14  life-threatening condition shall be to the most appropriate

15  trauma center as defined pursuant to trauma transport

16  protocols approved by the department. The provisions of this

17  subsection shall apply only to those counties with a

18  population in excess of 1 million residents.

19         (7)  Prior to an interfacility trauma transfer, the

20  emergency medical services provider's medical director or his

21  or her designee must agree, pursuant to protocols and

22  procedures in the emergency medical services provider's trauma

23  transport protocol, that the staff of the transport vehicle

24  has the medical skills, equipment, and resources to provide

25  anticipated patient care as proposed by the transferring

26  physician. The emergency medical services provider's medical

27  director or his or her designee may require appropriate

28  staffing, equipment, and resources to ensure proper patient

29  care and safety during transfer.

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

31  necessary to administer this section. The department shall

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  adopt and enforce rules to specify the submission and approval

  2  process for trauma transport protocols or modifications to

  3  trauma transport protocols by trauma agencies and licensed

  4  emergency medical services providers.

  5         Section 6.  Section 395.405, Florida Statutes, is

  6  amended to read:

  7         395.405  Rulemaking authority.--The department shall

  8  adopt and enforce all rules necessary to administer to

  9  implement ss. 395.0199, 395.401, 395.4015, 395.402, 395.4025,

10  395.403, 395.404, and 395.4045.

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

12  Statutes, is amended to read:

13         395.50  Quality assurance activities of trauma

14  agencies.--

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

16  395.401-395.405, or s. 395.51 prohibits admitting into

17  evidence patient care, transport, or treatment records or

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

19  or administrative action brought by or involving the

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

21  telephone number, social security or other identifying number,

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

23  guardian of such person or other patient-specific information

24  that otherwise identifies the patient, either directly or

25  indirectly.

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

27  322.0602, Florida Statutes, is amended to read:

28         322.0602  Youthful Drunk Driver Visitation Program.--

29         (4)  VISITATION REQUIREMENT.--

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

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

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  requirement for supervised visitation by the probationer to

  2  all, or any, of the following:

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

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

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

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

  7  observe appropriate victims of vehicle accidents involving

  8  drinking drivers, under the supervision of any of the

  9  following:

10         a.  A registered nurse trained in providing emergency

11  trauma care or prehospital advanced life support.

12         b.  An emergency room physician.

13         c.  An emergency medical technician.

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

15  397.311, which cares for substance abuse impaired persons, to

16  observe persons in the terminal stages of substance abuse

17  impairment, under the supervision of appropriately licensed

18  medical personnel. Prior to any visitation of such terminally

19  ill or disabled persons, the persons or their legal

20  representatives must give their express consent to participate

21  in the visitation program.

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

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

24  victims of vehicle accidents involving drinking drivers, under

25  the supervision of the coroner or a deputy coroner.

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

27  440.13, Florida Statutes, is amended to read:

28         440.13  Medical services and supplies; penalty for

29  violations; limitations.--

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

31  REIMBURSEMENT ALLOWANCES.--

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2  such treatment, care, and attendance, including treatment,

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

  4  care provider, ambulatory surgical center, work-hardening

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

  6  by the uniform schedule of maximum reimbursement allowances as

  7  determined by the panel or as otherwise provided in this

  8  section. This subsection also applies to independent medical

  9  examinations performed by health care providers under this

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

11  schedule of maximum reimbursement allowances and it becomes

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

13  attendance provided by physicians, ambulatory surgical

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

15  reimbursed at the lowest maximum reimbursement allowance

16  across all 1992 schedules of maximum reimbursement allowances

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

18  In determining the uniform schedule, the panel shall first

19  approve the data which it finds representative of prevailing

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

21  attendance of injured persons. Each health care provider,

22  health care facility, ambulatory surgical center,

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

24  compensation payments shall maintain records verifying their

25  usual charges. In establishing the uniform schedule of maximum

26  reimbursement allowances, the panel must consider:

27         1.  The levels of reimbursement for similar treatment,

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

29  third-party providers;

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

31  level of reimbursement for treatment, care, and attendance

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




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

  2  attendance required by injured workers;

  3         3.  The financial impact of the reimbursement

  4  allowances upon health care providers and health care

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

  6  395.401, and its effect upon their ability to make available

  7  to injured workers such medically necessary remedial

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

  9  maximum reimbursement allowances must be reasonable, must

10  promote health care cost containment and efficiency with

11  respect to the workers' compensation health care delivery

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

13  medically necessary remedial treatment, care, and attendance

14  to injured workers; and

15         4.  The most recent average maximum allowable rate of

16  increase for hospitals determined by the Health Care Board

17  under chapter 408.

18         Section 10.  (1)  Emergency Services Task

19  Force.--Effective July 1, 2000, there is created the Emergency

20  Services Task Force. The task force shall be appointed by the

21  Secretary of Health and the Executive Director of the Agency

22  for Health Care Administration and shall consist of:

23         (a)  The Secretary of Health or his or her designee;

24         (b)  The Executive Director of the Agency for Health

25  Care Administration or his or her designee;

26         (c)  One representative from the Executive Office of

27  the Governor;

28         (d)  One representative from a nonprofit hospital;

29         (e)  One representative from a for-profit hospital;

30         (f)  One representative from a statutory rural

31  hospital;

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1         (g)  One representative from a statutory teaching

  2  hospital;

  3         (h)  One emergency physician;

  4         (i)  Two physicians from a specialty that provides

  5  emergency services and care;

  6         (j)  One physician representing the Board of Medicine;

  7         (k)  One representative from a private emergency

  8  medical services provider;

  9         (l)  One representative from a county emergency medical

10  services provider;

11         (m)  One representative from a municipality emergency

12  medical services provider;

13         (n)  One emergency medical services medical director;

14  and

15         (o)  One trauma physician/surgeon.

16         (2)  Sponsoring agencies or organizations must fund the

17  travel and related expenses of their appointed members on the

18  task force. The task force shall be staffed by employees of

19  the Department of Health.

20         (3)  The task force shall study and make

21  recommendations concerning:

22         (a)  Trends and issues relating to legislative,

23  regulatory, or private-sector solutions for handling staffing

24  and coverage of physicians and other ancillary services and

25  providers relative to the provision of hospital-based

26  emergency services and care.

27         (b)  Trends and issues relating to legislative,

28  regulatory, local community, or other solutions for the

29  handling of hospital diversion of emergency medical services

30  or closure of hospital emergency departments.

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1         (c)  The impact of unfunded mandates and uncompensated

  2  care on the provision of emergency services and care,

  3  including, but not limited to, the costs of uncompensated or

  4  under-compensated care borne by physicians, hospitals, and

  5  emergency medical services providers in this state relative to

  6  emergency services and care; the impact of uncompensated or

  7  under-compensated care on maintaining hospital-based emergency

  8  services and care; the costs and effects of financing

  9  24-hour-a-day, 365-days-a-year availability of emergency

10  services and care; the costs and availability of physician

11  coverage; and the impact of uncompensated or under-compensated

12  care on emergency medical services.

13         (d)  The factors affecting specialty physician coverage

14  of emergency services and care and recommendations for

15  addressing specialty physician emergency care coverage in

16  Florida hospitals or communities.

17         (e)  The factors affecting diversion of emergency

18  medical services or closing of hospitals to emergency medical

19  services and recommendations that address the handling of such

20  occurrences relative to the continued provision of emergency

21  medical services within the community, and development of

22  recommendations relative to policies or procedures relative to

23  handling such diversion or closing of hospital emergency

24  medical facilities.

25         (4)  The advisory group shall be appointed and convened

26  by July 1, 2000, and shall meet in Tallahassee or in other

27  areas of the state as agreed upon by the Secretary of Health

28  and the Executive Director of the Agency for Health Care

29  Administration. The advisory group shall submit its

30  recommendations in a report, by January 1, 2001, to the

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2624
    317-2127-00




  1  President of the Senate and the Speaker of the House of

  2  Representatives.

  3         (5)  This section expires July 1, 2001.

  4         Section 11.  Except as otherwise expressly provided in

  5  this act, this act shall take effect October 1, 2000.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 2624

  9

10  The Committee Substitute gives the medical director of an
    emergency medical services provider (or his designee)  the
11  authority to require appropriate staffing, equipment and
    resources to ensure proper patient care during a trauma
12  patient transfer; and creates the Emergency Services Task
    Force to study and make recommendations regarding several
13  issues related to the provision and financing of emergency
    medical care services.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  21