SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 140686
CHAMBER ACTION
Senate House
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11 Senator Clary moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. The certificate-of-need workgroup created
18 by section 15 of Chapter 2000-318, Laws of Florida, shall
19 include in its report the issue of access to open heart
20 surgery services in areas currently lacking programs or deemed
21 underserved. In evaluating access to open heart surgery, the
22 work group shall consider the restriction of angioplasty to
23 hospitals providing open heart surgery and recommend ways to
24 improve access to primary angioplasty while assuring patient
25 safety and quality of care. The workgroup shall submit its
26 final recommendations on or before January 1, 2002.
27 Section 2. Paragraph (r) is added to subsection (3) of
28 section 408.036, Florida Statutes, to read:
29 408.036 Projects subject to review.--
30 (3) EXEMPTIONS.--Upon request, the following projects
31 are subject to exemption from the provisions of subsection
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 140686
1 (1):
2 (r) For the conversion or hospital-based Medicare and
3 Medicaid certified skilled nursing beds to acute care beds, if
4 the conversion does not involve the construction of new
5 facilities.
6 Section 3. Paragraph (c) of subsection (5) of section
7 408.039, Florida Statutes, is amended to read:
8 408.039 Review process.--The review process for
9 certificates of need shall be as follows:
10 (5) ADMINISTRATIVE HEARINGS.--
11 (c) In administrative proceedings challenging the
12 issuance or denial of a certificate of need, only applicants
13 considered by the agency in the same batching cycle are
14 entitled to a comparative hearing on their applications.
15 Existing health care facilities may initiate or intervene in
16 an administrative hearing only upon a showing that an
17 established program will be substantially affected by the
18 issuance of any certificate of need, whether reviewed under s.
19 408.036(1) or (2), to a competing proposed facility or program
20 within the same district. Any party appealing a final order
21 approving or denying a certificate of need to a district court
22 of appeal shall place in escrow an amount equal to the
23 proposed project cost or $500,000, whichever amount is less.
24 If any party appealing a final order fails in the appeal, that
25 party shall pay all costs of litigation, including treble
26 attorney fees, of the prevailing party. The Agency for Health
27 Care Administration shall not be subject to the provisions of
28 this paragraph except that it shall be entitled to all costs
29 of litigation, including treble attorney fees if it is the
30 prevailing party in an appeal of a final order. Such amounts
31 shall be taken first from the escrow account established for
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 140686
1 this purpose, the balance to be considered enforceable as an
2 obligation created by final order of the agency. The
3 challenging facility may satisfy the escrow requirement with a
4 bond of sufficient type and amount.
5 Section 4. Effective July 1, 2001, section 15 of
6 chapter 2000-318, Laws of Florida, is amended to read:
7 Section 15.
8 (1)(a) There is created a certificate-of-need
9 workgroup staffed by the Agency for Health Care
10 Administration.
11 (b) Workgroup participants shall be responsible for
12 only the expenses that they generate individually through
13 workgroup participation. The agency shall be responsible for
14 expenses incidental to the production of any required data or
15 reports.
16 (2) The workgroup shall consist of 32 30 members, 10
17 appointed by the Governor, 11 10 appointed by the President of
18 the Senate, and 11 10 appointed by the Speaker of the House of
19 Representatives. The workgroup chairperson shall be selected
20 by majority vote of a quorum present. Sixteen members shall
21 constitute a quorum. The membership shall include, but not be
22 limited to, representatives from health care provider
23 organizations, health care facilities, individual health care
24 practitioners, local health councils, and consumer
25 organizations, and persons with health care market expertise
26 as a private-sector consultant.
27 (3) Appointment to the workgroup shall be as follows:
28 (a) The Governor shall appoint one representative each
29 from the hospital industry; nursing home industry; hospice
30 industry; local health councils; a consumer organization; and
31 three health care market consultants, one of whom is a
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 140686
1 recognized expert on hospital markets, one of whom is a
2 recognized expert on nursing home or long-term-care markets,
3 and one of whom is a recognized expert on hospice markets; one
4 representative from the Medicaid program; and one
5 representative from a health care facility that provides a
6 tertiary service.
7 (b) The President of the Senate shall appoint a
8 representative of a for-profit hospital, a representative of a
9 not-for-profit hospital, a representative of a public
10 hospital, two representatives of the nursing home industry,
11 two representatives of the hospice industry, a representative
12 of a consumer organization, a representative from the
13 Department of Elderly Affairs involved with the implementation
14 of a long-term-care community diversion program, and a health
15 care market consultant with expertise in health care
16 economics, and a member of the Senate.
17 (c) The Speaker of the House of Representatives shall
18 appoint a representative from the Florida Hospital
19 Association, a representative of the Association of Community
20 Hospitals and Health Systems of Florida, a representative of
21 the Florida League of Health Systems, a representative of the
22 Florida Health Care Association, a representative of the
23 Florida Association of Homes for the Aging, three
24 representatives of Florida Hospices and Palliative Care, one
25 representative of local health councils, and one
26 representative of a consumer organization, and a member of the
27 House.
28 (4) The workgroup shall develop a plan for the reform
29 or elimination of the certificate of need program, which shall
30 include recommended legislative action and agency rulemaking.
31 In developing the plan, the workgroup shall seek input from
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 140686
1 all classes of health care consumers, health care providers
2 and health care facilities subject to certificate of need
3 review. All agencies, including, but not limited to, the
4 Agency for Health Care Administration and the Department of
5 Elder Affairs, shall provide assistance to the workgroup, upon
6 request. The workgroup shall study issues pertaining to the
7 certificate-of-need program, including the impact of trends in
8 health care delivery and financing. The workgroup shall study
9 issues relating to implementation of the certificate-of-need
10 program.
11 (5) The workgroup shall meet at least annually, at the
12 request of the chairperson. The workgroup shall submit an
13 interim report by December 31, 2001, and a final report by
14 December 31, 2002. The workgroup is abolished effective July
15 1, 2003.
16 Section 5. This act shall take effect upon becoming a
17 law.
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21 And the title is amended as follows:
22 Delete everything before the enacting clause
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24 and insert:
25 A bill to be entitled
26 An act relating to certificate of need;
27 requiring the certificate-of-need workgroup to
28 address open heart surgery services in its
29 report; requiring final recommendations to be
30 submitted by January 1, 2002; amending s.
31 408.036, F.S.; providing an exemption from
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 140686
1 review for the conversion of certain skilled
2 nursing beds to acute care beds; amending s.
3 408.039, F.S.; revising the review process for
4 certificates of need; amending s. 15 of ch.
5 2000-318, Laws of Florida; providing for
6 additional appointments to the
7 certificate-of-need workgroup; amending the
8 scope of responsibility for the workgroup;
9 providing an effective date.
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