SENATE AMENDMENT
    Bill No. CS/HB 339, 2nd Eng.
    Amendment No. ___   Barcode 151040
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Klein moved the following substitute for amendment
12  (880602):
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The certificate-of-need workgroup created
19  by section 15 of Chapter 2000-318, Laws of Florida, shall
20  include in its report the issue of access to open heart
21  surgery services in areas currently lacking programs or deemed
22  underserved. In evaluating access to open heart surgery, the
23  work group shall consider the restriction of angioplasty to
24  hospitals providing open heart surgery and recommend ways to
25  improve access to primary angioplasty while assuring patient
26  safety and quality of care. The workgroup shall submit its
27  final recommendations on or before January 1, 2002.
28         Section 2.  Paragraph (r) is added to subsection (3) of
29  section 408.036, Florida Statutes, to read:
30         408.036  Projects subject to review.--
31         (3)  EXEMPTIONS.--Upon request, the following projects
                                  1
    11:55 AM   05/02/01                             h0339c1c-282rc

SENATE AMENDMENT Bill No. CS/HB 339, 2nd Eng. Amendment No. ___ Barcode 151040 1 are subject to exemption from the provisions of subsection 2 (1): 3 (r) For the conversion of hospital-based Medicare and 4 Medicaid certified skilled nursing beds to acute care beds, if 5 the conversion does not involve the construction of new 6 facilities. 7 Section 3. Paragraph (c) of subsection (5) of section 8 408.039, Florida Statutes, is amended to read: 9 408.039 Review process.--The review process for 10 certificates of need shall be as follows: 11 (5) ADMINISTRATIVE HEARINGS.-- 12 (c) In administrative proceedings challenging the 13 issuance or denial of a certificate of need, only applicants 14 considered by the agency in the same batching cycle are 15 entitled to a comparative hearing on their applications. 16 Existing health care facilities may initiate or intervene in 17 an administrative hearing only upon a showing that an 18 established program will be substantially affected by the 19 issuance of any certificate of need, whether reviewed under s. 20 408.036(1) or (2), to a competing proposed facility or program 21 within the same district. Any party challenging an order 22 approving or denying a certificate of need in an 23 administrative or judicial action shall place in escrow an 24 amount equal to the proposed project cost or $500,000, 25 whichever amount is less. If any party challenging the order 26 fails in the challenge, that party shall pay all costs of 27 litigation, including treble attorney fees, of the party that 28 was issued the certificate of need. Such amounts shall be 29 taken first from the escrow account established for this 30 purpose, the balance to be considered enforceable as an 31 obligation created by final order of the agency. The 2 11:55 AM 05/02/01 h0339c1c-282rc
SENATE AMENDMENT Bill No. CS/HB 339, 2nd Eng. Amendment No. ___ Barcode 151040 1 challenging facility may satisfy the escrow requirement with a 2 bond of sufficient type and amount. 3 Section 4. Effective July 1, 2001, section 15 of 4 chapter 2000-318, Laws of Florida, is amended to read: 5 Section 15. 6 (1)(a) There is created a certificate-of-need 7 workgroup staffed by the Agency for Health Care 8 Administration. 9 (b) Workgroup participants shall be responsible for 10 only the expenses that they generate individually through 11 workgroup participation. The agency shall be responsible for 12 expenses incidental to the production of any required data or 13 reports. 14 (2) The workgroup shall consist of 7 30 members, 10 15 appointed by the Governor, 10 appointed by the President of 16 the Senate, and 10 appointed by the Speaker of the House of 17 Representatives. The Governor shall appoint 1 member 18 representing hospitals, 1 member representing hospice, 1 19 member representing nursing homes, and 2 members representing 20 the Agency for Health Care Administration. The President of 21 the Senate shall appoint 1 member of the Senate. The Speaker 22 of the House of Representatives shall appoint 1 member of the 23 House of Representatives. The workgroup chairperson shall be 24 selected by majority vote of a quorum present. Four Sixteen 25 members shall constitute a quorum. The membership shall 26 include, but not be limited to, representatives from health 27 care provider organizations, health care facilities, 28 individual health care practitioners, local health councils, 29 and consumer organizations, and persons with health care 30 market expertise as a private-sector consultant. 31 (3) Appointment to the workgroup shall be as follows: 3 11:55 AM 05/02/01 h0339c1c-282rc
SENATE AMENDMENT Bill No. CS/HB 339, 2nd Eng. Amendment No. ___ Barcode 151040 1 (a) The Governor shall appoint one representative each 2 from the hospital industry; nursing home industry; hospice 3 industry; local health councils; a consumer organization; and 4 three health care market consultants, one of whom is a 5 recognized expert on hospital markets, one of whom is a 6 recognized expert on nursing home or long-term-care markets, 7 and one of whom is a recognized expert on hospice markets; one 8 representative from the Medicaid program; and one 9 representative from a health care facility that provides a 10 tertiary service. 11 (b) The President of the Senate shall appoint a 12 representative of a for-profit hospital, a representative of a 13 not-for-profit hospital, a representative of a public 14 hospital, two representatives of the nursing home industry, 15 two representatives of the hospice industry, a representative 16 of a consumer organization, a representative from the 17 Department of Elderly Affairs involved with the implementation 18 of a long-term-care community diversion program, and a health 19 care market consultant with expertise in health care 20 economics. 21 (c) The Speaker of the House of Representatives shall 22 appoint a representative from the Florida Hospital 23 Association, a representative of the Association of Community 24 Hospitals and Health Systems of Florida, a representative of 25 the Florida League of Health Systems, a representative of the 26 Florida Health Care Association, a representative of the 27 Florida Association of Homes for the Aging, three 28 representatives of Florida Hospices and Palliative Care, one 29 representative of local health councils, and one 30 representative of a consumer organization. 31 (4) The workgroup shall develop a plan for the reform 4 11:55 AM 05/02/01 h0339c1c-282rc
SENATE AMENDMENT Bill No. CS/HB 339, 2nd Eng. Amendment No. ___ Barcode 151040 1 or elimination of the certificate of need program, which shall 2 include recommendations for recommended legislative action and 3 agency rule making. No plan shall be implemented sooner than 4 the effective date of any rules necessary for its 5 implementation. In developing the plan, the workgroup shall 6 seek input from all classes of health care consumers, health 7 care providers and health care facilities subject to 8 certificate of need review. All agencies, including, but not 9 limited to, the Agency for Health Care Administration and the 10 Department of Elder Affairs, shall provide assistance to the 11 workgroup, upon request. The workgroup shall study issues 12 pertaining to the certificate-of-need program, including the 13 impact of trends in health care delivery and financing. The 14 workgroup shall study issues relating to implementation of the 15 certificate-of-need program. 16 (5) The workgroup shall meet at least annually, at the 17 request of the chairperson. The workgroup shall submit an 18 interim report by December 31, 2001, and a final report by 19 December 31, 2002. The workgroup is abolished effective July 20 1, 2003. 21 Section 5. This act shall take effect upon becoming a 22 law. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to certificate of need; 5 11:55 AM 05/02/01 h0339c1c-282rc
SENATE AMENDMENT Bill No. CS/HB 339, 2nd Eng. Amendment No. ___ Barcode 151040 1 requiring the certificate-of-need workgroup to 2 address open heart surgery services in its 3 report; requiring final recommendations to be 4 submitted by January 1, 2002; amending s. 5 408.036, F.S.; providing an exemption from 6 review for the conversion of certain skilled 7 nursing beds to acute care beds; amending s. 8 408.039, F.S.; revising the review process for 9 certificates of need; amending s. 15 of ch. 10 2000-318, Laws of Florida; providing for 11 membership of the certificate-of-need 12 workgroup; amending the scope of responsibility 13 for the workgroup; providing an effective date. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 11:55 AM 05/02/01 h0339c1c-282rc