SENATE AMENDMENT
    Bill No. CS/HB 339, 2nd Eng.
    Amendment No. ___   Barcode 140686
                            CHAMBER ACTION
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       05/03/2001 11:57 AM         .                    
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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
15  
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 2 11:44 AM 05/03/01 h0339c1c-07m0b.seg1
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 3 11:44 AM 05/03/01 h0339c1c-07m0b.seg1
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 4 11:44 AM 05/03/01 h0339c1c-07m0b.seg1
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. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 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 5 11:44 AM 05/03/01 h0339c1c-07m0b.seg1
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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 11:44 AM 05/03/01 h0339c1c-07m0b.seg1