House Bill hb1693

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    Florida House of Representatives - 2002                HB 1693

        By the Committee on Health Regulation and Representatives
    Farkas, Alexander, Haridopolos and Maygarden





  1                      A bill to be entitled

  2         An act relating to certificates of need;

  3         amending s. 408.036, F.S.; exempting health

  4         services, long-term care hospital services, new

  5         construction, or certain tertiary health

  6         services programs from certificate-of-need

  7         review requirements for existing health

  8         facilities, provided licensed bed capacity is

  9         not exceeded; requiring exempt programs to meet

10         specified requirements; requiring the Agency

11         for Health Care Administration to adopt rules

12         and monitor programs for compliance; providing

13         conditions for expiration of an exemption and

14         for prohibiting another exemption for a

15         specified period; providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Paragraph (t) is added to subsection (3) of

20  section 408.036, Florida Statutes, to read:

21         408.036  Projects subject to review.--

22         (3)  EXEMPTIONS.--Upon request, the following projects

23  are subject to exemption from the provisions of subsection

24  (1):

25         (t)  For the provision of health services, long-term

26  care hospital services, new construction, or tertiary health

27  services excluding solid organ transplant services, by an

28  existing hospital, provided that the hospital utilizes

29  existing bed capacity and does not exceed the current licensed

30  bed capacity for that facility. Utilizing existing bed

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    Florida House of Representatives - 2002                HB 1693

    601-203A-02






  1  capacity, a hospital may offer the exempted services within

  2  the hospital's respective health planning district.

  3         1.  In addition to any other documentation required by

  4  the agency, a request for an exemption submitted under this

  5  paragraph must certify that the applicant will meet and

  6  continuously maintain the minimum licensure requirements

  7  governing such programs adopted by the agency pursuant to

  8  subparagraph 2.

  9         2.  The agency shall adopt minimum licensure

10  requirements by rule which govern the operation of health

11  services, long-term care hospital services, and tertiary

12  health services excluding solid organ transplant services,

13  established pursuant to the exemption provided in this

14  paragraph. The rules shall ensure that such programs:

15         a.  Perform only services authorized by the exemption

16  and will not provide any other services not authorized by the

17  exemption.

18         b.  Maintain sufficient appropriate equipment and

19  health personnel to ensure quality and safety.

20         c.  Maintain appropriate times of operation and

21  protocols to ensure availability and appropriate referrals in

22  emergencies.

23         d.  Provide a minimum of 10 percent of its services to

24  charity and Medicaid patients each year.

25         e.  Establish quality outcome measures that are

26  evidence-based. The performance of quality outcome measures

27  for such programs must be at least at the 50th percentile of

28  state and national outcome measures.

29         f.  Be given an opportunity to correct any deficiencies

30  as noted by the agency prior to the expiration of the

31  authorized exemption.

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    Florida House of Representatives - 2002                HB 1693

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  1         3.  The exemption provided by this paragraph shall not

  2  apply unless the agency determines that the program is in

  3  compliance with the requirements of subparagraph 1. and that

  4  the program will, after beginning operation, continuously

  5  comply with the rules adopted pursuant to subparagraph 2. The

  6  agency shall monitor such programs to ensure compliance with

  7  the requirements of subparagraph 2.

  8         4.a.  The exemption for a program shall expire

  9  immediately when the agency determines that the program fails

10  to comply with the rules adopted pursuant to sub-subparagraphs

11  2.a., b., and c.

12         b.  Beginning 24 months after a program first begins

13  treating patients, the exemption for the program shall expire

14  when the program fails to comply with the rules adopted

15  pursuant to sub-subparagraph 2.d.

16         5.  If the exemption for a program expires pursuant to

17  sub-subparagraph 4.a. or sub-subparagraph 4.b., the agency

18  shall not grant an exemption pursuant to this paragraph for a

19  program located at the same hospital until 2 years following

20  the date of the determination by the agency that the program

21  failed to comply with the rules adopted pursuant to

22  subparagraph 2.

23         Section 2.  This act shall take effect July 1, 2002.

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    Florida House of Representatives - 2002                HB 1693

    601-203A-02






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  2                          HOUSE SUMMARY

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      Exempts health services, long-term care hospital
  4    services, new construction, or certain tertiary health
      services programs from requirements for
  5    certificate-of-need review for existing health
      facilities, provided the current licensed bed capacity
  6    for that facility is not exceeded. Requires exempt
      programs to meet and maintain certain minimum
  7    requirements, as adopted by rule by the Agency for Health
      Care Administration. Requires the agency to monitor
  8    programs for compliance. Provides for expiration of the
      exemption for failure to comply with the rules, and
  9    prohibits grant of another such exemption at the same
      location for a 2-year period.
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