SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 493590
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following substitute for amendment
12 (880602):
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 493590
1 are subject to exemption from the provisions of subsection
2 (1):
3 (r) For the conversion or 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 a final order
22 approving or denying a certificate of need in a judicial
23 action shall place in escrow an amount equal to the proposed
24 project cost or $500,000, whichever amount is less. If any
25 party challenging a final order fails in the challenge, that
26 party shall pay all costs of litigation, including treble
27 attorney fees, of the party that was issued the certificate of
28 need. Such amounts shall be taken first from the escrow
29 account established for this purpose, the balance to be
30 considered enforceable as an obligation created by final order
31 of the agency. The challenging facility may satisfy the escrow
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 493590
1 requirement with a bond of sufficient type and amount.
2 Section 4. Effective July 1, 2001, section 15 of
3 chapter 2000-318, Laws of Florida, is amended to read:
4 Section 15.
5 (1)(a) There is created a certificate-of-need
6 workgroup staffed by the Agency for Health Care
7 Administration.
8 (b) Workgroup participants shall be responsible for
9 only the expenses that they generate individually through
10 workgroup participation. The agency shall be responsible for
11 expenses incidental to the production of any required data or
12 reports.
13 (2) The workgroup shall consist of 7 30 members, 10
14 appointed by the Governor, 10 appointed by the President of
15 the Senate, and 10 appointed by the Speaker of the House of
16 Representatives. The Governor shall appoint 1 member
17 representing hospitals, 1 member representing hospice, 1
18 member representing nursing homes, and 2 members representing
19 the Agency for Health Care Administration. The President of
20 the Senate shall appoint 1 member of the Senate. The Speaker
21 of the House of Representatives shall appoint 1 member of the
22 House of Representatives. The workgroup chairperson shall be
23 selected by majority vote of a quorum present. Four Sixteen
24 members shall constitute a quorum. The membership shall
25 include, but not be limited to, representatives from health
26 care provider organizations, health care facilities,
27 individual health care practitioners, local health councils,
28 and consumer organizations, and persons with health care
29 market expertise as a private-sector consultant.
30 (3) Appointment to the workgroup shall be as follows:
31 (a) The Governor shall appoint one representative each
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 493590
1 from the hospital industry; nursing home industry; hospice
2 industry; local health councils; a consumer organization; and
3 three health care market consultants, one of whom is a
4 recognized expert on hospital markets, one of whom is a
5 recognized expert on nursing home or long-term-care markets,
6 and one of whom is a recognized expert on hospice markets; one
7 representative from the Medicaid program; and one
8 representative from a health care facility that provides a
9 tertiary service.
10 (b) The President of the Senate shall appoint a
11 representative of a for-profit hospital, a representative of a
12 not-for-profit hospital, a representative of a public
13 hospital, two representatives of the nursing home industry,
14 two representatives of the hospice industry, a representative
15 of a consumer organization, a representative from the
16 Department of Elderly Affairs involved with the implementation
17 of a long-term-care community diversion program, and a health
18 care market consultant with expertise in health care
19 economics.
20 (c) The Speaker of the House of Representatives shall
21 appoint a representative from the Florida Hospital
22 Association, a representative of the Association of Community
23 Hospitals and Health Systems of Florida, a representative of
24 the Florida League of Health Systems, a representative of the
25 Florida Health Care Association, a representative of the
26 Florida Association of Homes for the Aging, three
27 representatives of Florida Hospices and Palliative Care, one
28 representative of local health councils, and one
29 representative of a consumer organization.
30 (4) The workgroup shall develop a plan for the reform
31 or elimination of the certificate of need program, which shall
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 493590
1 include recommendations for required legislative action and
2 agency rule making. Such plan shall be implemented not sooner
3 than the effective date of any rules necessary for its
4 implementation. In developing the plan, the workgroup shall
5 seek input from all classes of health care consumers, health
6 care providers and health care facilities subject to
7 certificate of need review. All agencies, including, but not
8 limited to, the Agency for Health Care Administration and the
9 Department of Elder Affairs, shall provide assistance to the
10 workgroup, upon request. The workgroup shall study issues
11 pertaining to the certificate-of-need program, including the
12 impact of trends in health care delivery and financing. The
13 workgroup shall study issues relating to implementation of the
14 certificate-of-need program.
15 (5) The workgroup shall meet at least annually, at the
16 request of the chairperson. The workgroup shall submit an
17 interim report by December 31, 2001, and a final report by
18 December 31, 2002. The workgroup is abolished effective July
19 1, 2003.
20 Section 5. This act shall take effect upon becoming a
21 law.
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25 And the title is amended as follows:
26 Delete everything before the enacting clause
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28 and insert:
29 A bill to be entitled
30 An act relating to certificate of need;
31 requiring the certificate-of-need workgroup to
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SENATE AMENDMENT
Bill No. CS/HB 339, 2nd Eng.
Amendment No. ___ Barcode 493590
1 address open heart surgery services in its
2 report; requiring final recommendations to be
3 submitted by January 1, 2002; amending s.
4 408.036, F.S.; providing an exemption from
5 review for the conversion of certain skilled
6 nursing beds to acute care beds; amending s.
7 408.039, F.S.; revising the review process for
8 certificates of need; amending s. 15 of ch.
9 2000-318, Laws of Florida; providing for
10 membership of the certificate-of-need
11 workgroup; amending the scope of responsibility
12 for the workgroup; providing an effective date.
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