SENATE AMENDMENT
    Bill No. SB 968
    Amendment No. ___   Barcode 281412
                            CHAMBER ACTION
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11  Senator Klein moved the following substitute for amendment to
12  amendment (381218):
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14         Senate Amendment (with title amendment) 
15         On page 1, line 23, after the period
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17  insert:  
18         Section 2.  Paragraph (c) of subsection (5) of section
19  408.039, Florida Statutes, is amended to read:
20         408.039  Review process.--The review process for
21  certificates of need shall be as follows:
22         (5)  ADMINISTRATIVE HEARINGS.--
23         (c)  In administrative proceedings challenging the
24  issuance or denial of a certificate of need, only applicants
25  considered by the agency in the same batching cycle are
26  entitled to a comparative hearing on their applications.
27  Existing health care facilities may initiate or intervene in
28  an administrative hearing only upon a showing that an
29  established program will be substantially affected by the
30  issuance of any certificate of need, whether reviewed under s.
31  408.036(1) or (2), to a competing proposed facility or program
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    4:28 PM   05/01/01                                s0968c-28225

SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 281412 1 within the same district. Any party appealing a final order 2 approving or denying a certificate of need to a district court 3 of appeal shall place in escrow an amount equal to the 4 proposed project cost or $500,000, whichever amount is less. 5 If any party appealing a final order fails in the appeal, that 6 party shall pay all costs of litigation, including treble 7 attorney fees, of the prevailing party. The Agency for 8 Healthcare Administration shall not be subject to the 9 provisions of this paragraph except that it shall be entitled 10 to all costs of litigation, including treble attorney fees if 11 it is the prevailing party in an appeal of a final order. Such 12 amounts shall be taken first from the escrow account 13 established for this purpose, the balance to be considered 14 enforceable as an obligation created by final order of the 15 agency. The challenging facility may satisfy the escrow 16 requirement with a bond of sufficient type and amount. 17 Section 3. Effective July 1, 2001, section 15 of 18 chapter 2000-318, Laws of Florida, is amended to read: 19 Section 15. 20 (1)(a) There is created a certificate-of-need 21 workgroup staffed by the Agency for Health Care 22 Administration. 23 (b) Workgroup participants shall be responsible for 24 only the expenses that they generate individually through 25 workgroup participation. The agency shall be responsible for 26 expenses incidental to the production of any required data or 27 reports. 28 (2) The workgroup shall consist of 32 30 members, 10 29 appointed by the Governor, 11 10 appointed by the President of 30 the Senate, and 11 10 appointed by the Speaker of the House of 31 Representatives. The workgroup chairperson shall be selected 2 4:28 PM 05/01/01 s0968c-28225
SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 281412 1 by majority vote of a quorum present. Sixteen members shall 2 constitute a quorum. The membership shall include, but not be 3 limited to, representatives from health care provider 4 organizations, health care facilities, individual health care 5 practitioners, local health councils, and consumer 6 organizations, and persons with health care market expertise 7 as a private-sector consultant. 8 (3) Appointment to the workgroup shall be as follows: 9 (a) The Governor shall appoint one representative each 10 from the hospital industry; nursing home industry; hospice 11 industry; local health councils; a consumer organization; and 12 three health care market consultants, one of whom is a 13 recognized expert on hospital markets, one of whom is a 14 recognized expert on nursing home or long-term-care markets, 15 and one of whom is a recognized expert on hospice markets; one 16 representative from the Medicaid program; and one 17 representative from a health care facility that provides a 18 tertiary service. 19 (b) The President of the Senate shall appoint a 20 representative of a for-profit hospital, a representative of a 21 not-for-profit hospital, a representative of a public 22 hospital, two representatives of the nursing home industry, 23 two representatives of the hospice industry, a representative 24 of a consumer organization, a representative from the 25 Department of Elderly Affairs involved with the implementation 26 of a long-term-care community diversion program, and a health 27 care market consultant with expertise in health care 28 economics, and a member of the Senate. 29 (c) The Speaker of the House of Representatives shall 30 appoint a representative from the Florida Hospital 31 Association, a representative of the Association of Community 3 4:28 PM 05/01/01 s0968c-28225
SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 281412 1 Hospitals and Health Systems of Florida, a representative of 2 the Florida League of Health Systems, a representative of the 3 Florida Health Care Association, a representative of the 4 Florida Association of Homes for the Aging, three 5 representatives of Florida Hospices and Palliative Care, one 6 representative of local health councils, and one 7 representative of a consumer organization, and a member of the 8 House. 9 (4) The workgroup shall develop a plan for the reform 10 or elimination of the certificate of need program, which shall 11 include recommendations for required legislative action and 12 agency rule making. Such plan shall be implemented not sooner 13 than the effective date of any rules necessary for its 14 implementation. In developing the plan, the workgroup shall 15 seek input from all classes of health care consumers, health 16 care providers and health care facilities subject to 17 certificate of need review. All agencies, including, but not 18 limited to, the Agency for Health Care Administration and the 19 Department of Elder Affairs, shall provide assistance to the 20 workgroup, upon request. The workgroup shall study issues 21 pertaining to the certificate-of-need program, including the 22 impact of trends in health care delivery and financing. The 23 workgroup shall study issues relating to implementation of the 24 certificate-of-need program. 25 (5) The workgroup shall meet at least annually, at the 26 request of the chairperson. The workgroup shall submit an 27 interim report by December 31, 2001, and a final report by 28 December 31, 2002. The workgroup is abolished effective July 29 1, 2003. 30 31 (Redesignate subsequent sections.) 4 4:28 PM 05/01/01 s0968c-28225
SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 281412 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 3, after the semicolon 4 5 insert: 6 amending s. 408.039, F.S.; revising the review 7 process for certificates of need; amending s. 8 15 of ch. 2000-318, Laws of Florida; providing 9 for additional appointments to the 10 certificate-of-need workgroup; amending the 11 scope of responsibility for the workgroup; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:28 PM 05/01/01 s0968c-28225