CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 581

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Health Regulation offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (o) of subsection (3) of section

18  408.036, Florida Statutes, is amended, and paragraphs (t), (u)

19  and (v) are added to that subsection, to read:

20         408.036  Projects subject to review.--

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

22  are subject to exemption from the provisions of subsection

23  (1):

24         (o)  For the addition of acute care beds, as authorized

25  by rule consistent with s. 395.003(4), in a number that may

26  not exceed 30 10 total beds or 10 percent of licensed bed

27  capacity, whichever is greater, for temporary beds in a

28  hospital that has experienced an acute care high seasonal

29  occupancy rate of 80 percent within the prior 12-month period

30  or an acute care occupancy rate of 90 percent for any 3

31  consecutive months in a hospital that must respond to

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    File original & 9 copies    02/01/02
    hcs0005                     10:48 am         00581-hr  -385953




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 581

    Amendment No. 1 (for drafter's use only)





  1  emergency circumstances. If the hospital has an organized

  2  obstetric unit or pediatric unit, or both, the number of beds

  3  in this unit or units and their occupancy rate may not be

  4  considered in determining occupancy for the purposes of this

  5  paragraph.

  6         (t)  For the addition of neonatal intensive care unit

  7  beds equal to 10 percent of licensed capacity or eight beds,

  8  whichever is greater, in any hospital that provides neonatal

  9  intensive care unit services and that has had occupancy of 80

10  percent or more during the preceding 12 months. A hospital

11  that is a provider of neonatal intensive care unit Level III

12  services may shift capacity between its Level III unit and its

13  Level II unit as long as appropriate staffing levels are

14  provided and the units meet architectural requirements.

15         (u)  For any project except a replacement hospital or

16  the conversion of mental health beds to general acute beds

17  which, on the effective date of this act, is subject to

18  expedited review under subsection (2). The conversion of

19  mental health beds must be reviewed to determine the effect on

20  the availability of mental health services in the community.

21         (v)  For the provision of adult open-heart services in

22  a hospital.

23         1.  In addition to any documentation otherwise required

24  by the agency, a request for an exemption submitted under this

25  paragraph must comply with the following criteria:

26         a.  The applicant must certify it will meet and

27  continuously maintain the minimum licensure requirements

28  adopted by the agency governing adult open-heart programs,

29  including the most current guidelines of the American College

30  of Cardiology and American Heart Association Guidelines for

31  Adult Open-Heart Programs.

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    File original & 9 copies    02/01/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 581

    Amendment No. 1 (for drafter's use only)





  1         b.  The applicant must certify it will provide a

  2  minimum of 10 percent of its services to charity and Medicaid

  3  patients.

  4         c.  The applicant must certify it will maintain

  5  sufficient appropriate equipment and health personnel to

  6  ensure quality and safety.

  7         d.  The applicant must certify it will maintain

  8  appropriate times of operation and protocols to ensure

  9  availability and appropriate referrals in the event of

10  emergencies.

11         e.  The applicant must certify that it will provide a

12  minimum of 300 open-heart surgery procedures per year by the

13  completion of the third full year of operation.

14         f.  If the exempted provider fails to meet the

15  requirements listed in paragraph (e) the exemption

16  automatically expires.

17         2.  The exemption provided by this paragraph shall not

18  apply unless the agency determines that the program is in

19  compliance with the certifications required by subparagraph 1.

20  The agency shall monitor such programs to ensure compliance

21  with the certifications required by subparagraph 1.

22         Section 2.  This act shall take effect upon becoming a

23  law.

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25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 2, after the semicolon,

29

30  insert:

31         revising the exemption from certificate-of-need

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 581

    Amendment No. 1 (for drafter's use only)





  1         review requirements for the addition of acute

  2         care beds in hospitals that have met certain

  3         occupancy criteria; exempting additions of beds

  4         at hospitals that have met occupancy criteria

  5         with respect to neonatal intensive care units

  6         from review requirements and authorizing the

  7         transfer of beds between neonatal intensive

  8         care unit levels III and II; exempting projects

  9         that are subject to expedited review, other

10         than replacement hospitals and conversion of

11         mental health beds to general acute beds, from

12         review requirements; exempting certain

13         open-heart surgery programs from

14         certificate-of-need review requirements;

15         providing for licensure compliance; providing

16         for an effective date.

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    File original & 9 copies    02/01/02
    hcs0005                     10:48 am         00581-hr  -385953