SENATE AMENDMENT
    Bill No. SB 968
    Amendment No. ___   Barcode 381218
                            CHAMBER ACTION
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11  Senators Clary and Klein moved the following amendment to
12  amendment (763044):
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14         Senate Amendment (with title amendment) 
15         On page 1, line 23, after the period
16  
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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    1:18 PM   05/01/01                                s0968c-07105

SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 381218 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 party that was issued the certificate of 8 need. Such amounts shall be taken first from the escrow 9 account established for this purpose, the balance to be 10 considered enforceable as an obligation created by final order 11 of the agency. The challenging facility may satisfy the escrow 12 requirement with a bond of sufficient type and amount. 13 Section 3. Effective July 1, 2001, section 15 of 14 chapter 2000-318, Laws of Florida, is amended to read: 15 Section 15. 16 (1)(a) There is created a certificate-of-need 17 workgroup staffed by the Agency for Health Care 18 Administration. 19 (b) Workgroup participants shall be responsible for 20 only the expenses that they generate individually through 21 workgroup participation. The agency shall be responsible for 22 expenses incidental to the production of any required data or 23 reports. 24 (2) The workgroup shall consist of 32 30 members, 10 25 appointed by the Governor, 11 10 appointed by the President of 26 the Senate, and 11 10 appointed by the Speaker of the House of 27 Representatives. The workgroup chairperson shall be selected 28 by majority vote of a quorum present. Sixteen members shall 29 constitute a quorum. The membership shall include, but not be 30 limited to, representatives from health care provider 31 organizations, health care facilities, individual health care 2 1:18 PM 05/01/01 s0968c-07105
SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 381218 1 practitioners, local health councils, and consumer 2 organizations, and persons with health care market expertise 3 as a private-sector consultant. 4 (3) Appointment to the workgroup shall be as follows: 5 (a) The Governor shall appoint one representative each 6 from the hospital industry; nursing home industry; hospice 7 industry; local health councils; a consumer organization; and 8 three health care market consultants, one of whom is a 9 recognized expert on hospital markets, one of whom is a 10 recognized expert on nursing home or long-term-care markets, 11 and one of whom is a recognized expert on hospice markets; one 12 representative from the Medicaid program; and one 13 representative from a health care facility that provides a 14 tertiary service. 15 (b) The President of the Senate shall appoint a 16 representative of a for-profit hospital, a representative of a 17 not-for-profit hospital, a representative of a public 18 hospital, two representatives of the nursing home industry, 19 two representatives of the hospice industry, a representative 20 of a consumer organization, a representative from the 21 Department of Elderly Affairs involved with the implementation 22 of a long-term-care community diversion program, and a health 23 care market consultant with expertise in health care 24 economics, and a member of the Senate. 25 (c) The Speaker of the House of Representatives shall 26 appoint a representative from the Florida Hospital 27 Association, a representative of the Association of Community 28 Hospitals and Health Systems of Florida, a representative of 29 the Florida League of Health Systems, a representative of the 30 Florida Health Care Association, a representative of the 31 Florida Association of Homes for the Aging, three 3 1:18 PM 05/01/01 s0968c-07105
SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 381218 1 representatives of Florida Hospices and Palliative Care, one 2 representative of local health councils, and one 3 representative of a consumer organization, and a member of the 4 House. 5 (4) The workgroup shall develop a plan for the reform 6 or elimination of the certificate of need program, which shall 7 include recommendations for required legislative action and 8 agency rule making. Such plan shall be implemented not sooner 9 than the effective date of any rules necessary for its 10 implementation. In developing the plan, the workgroup shall 11 seek input from all classes of health care consumers, health 12 care providers and health care facilities subject to 13 certificate of need review. All agencies, including, but not 14 limited to, the Agency for Health Care Administration and the 15 Department of Elder Affairs, shall provide assistance to the 16 workgroup, upon request. The workgroup shall study issues 17 pertaining to the certificate-of-need program, including the 18 impact of trends in health care delivery and financing. The 19 workgroup shall study issues relating to implementation of the 20 certificate-of-need program. 21 (5) The workgroup shall meet at least annually, at the 22 request of the chairperson. The workgroup shall submit an 23 interim report by December 31, 2001, and a final report by 24 December 31, 2002. The workgroup is abolished effective July 25 1, 2003. 26 27 (Redesignate subsequent sections.) 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 4 1:18 PM 05/01/01 s0968c-07105
SENATE AMENDMENT Bill No. SB 968 Amendment No. ___ Barcode 381218 1 On page 2, line 3, after the semicolon 2 3 insert: 4 amending s. 408.039, F.S.; revising the review 5 process for certificates of need; amending s. 6 15 of ch. 2000-318, Laws of Florida; providing 7 for additional appointments to the 8 certificate-of-need workgroup; amending the 9 scope of responsibility for the workgroup; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:18 PM 05/01/01 s0968c-07105