Senate Bill sb0698c1
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Florida Senate - 2002 CS for SB 698
By the Committee on Health, Aging and Long-Term Care; and
Senators Clary, Brown-Waite, Klein and Campbell
317-1799-02
1 A bill to be entitled
2 An act relating to certificates of need;
3 amending s. 408.036, F.S.; revising the
4 exemption from certificate-of-need review
5 requirements for the addition of acute care
6 beds in hospitals that have met certain
7 occupancy criteria; exempting additions of beds
8 at hospitals that have met occupancy criteria
9 with respect to neonatal intensive care units
10 from review requirements and authorizing the
11 transfer of beds between neonatal intensive
12 care unit levels III and II; exempting projects
13 that are subject to expedited review, other
14 than replacement hospitals and conversion of
15 mental health beds to general acute beds, from
16 review requirements; exempting certain
17 open-heart-surgery programs from
18 certificate-of-need review requirements;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Paragraph (o) of subsection (3) of section
24 408.036, Florida Statutes, is amended, and paragraphs (t),
25 (u), and (v) are added to that subsection, to read:
26 408.036 Projects subject to review.--
27 (3) EXEMPTIONS.--Upon request, the following projects
28 are subject to exemption from the provisions of subsection
29 (1):
30 (o) For the addition of acute care beds, as authorized
31 by rule consistent with s. 395.003(4), in a number that may
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Florida Senate - 2002 CS for SB 698
317-1799-02
1 not exceed 30 10 total beds or 10 percent of licensed bed
2 capacity, whichever is greater, for temporary beds in a
3 hospital that has experienced an acute care high seasonal
4 occupancy rate of 80 percent within the prior 12-month period
5 or an acute care occupancy rate of 90 percent for any 3
6 consecutive months in a hospital that must respond to
7 emergency circumstances. If the hospital has an organized
8 obstetric unit or pediatric unit, or both, the number of beds
9 in this unit or units and their occupancy rate may not be
10 considered in determining occupancy for the purposes of this
11 paragraph.
12 (t) For the addition of neonatal intensive care unit
13 beds equal to 10 percent of licensed capacity or eight beds,
14 whichever is greater, in any hospital that provides neonatal
15 intensive care unit services and that has had occupancy of 80
16 percent or more during the preceding 12 months. A hospital
17 that is a provider of neonatal intensive care unit Level III
18 services may shift capacity between its Level III unit and its
19 Level II unit as long as appropriate staffing levels are
20 provided and the units meet architectural requirements.
21 (u) For any project except a replacement hospital or
22 the conversion of mental health beds to general acute beds
23 which, on the effective date of this act, is subject to
24 expedited review under subsection (2). The conversion of
25 mental health beds must be reviewed to determine the effect on
26 the availability of mental health services in the community.
27 (v) For the provision of adult open-heart services in
28 a hospital.
29 1. In addition to any documentation otherwise required
30 by the agency, a request for an exemption submitted under this
31 paragraph must comply with the following criteria:
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Florida Senate - 2002 CS for SB 698
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1 a. The applicant must certify that, prior to
2 initiating adult open-heart services, it will meet and
3 continuously maintain the minimum licensure requirements
4 adopted by the agency governing adult open-heart programs,
5 including the most current guidelines of the American College
6 of Cardiology and American Heart Association Guidelines for
7 Adult Open-Heart Programs.
8 b. The applicant must certify that it will provide a
9 minimum of 2 percent of its services to charity and Medicaid
10 patients.
11 c. The applicant must certify that it will maintain
12 sufficient appropriate equipment and health personnel to
13 ensure quality and safety.
14 d. The applicant must certify that it will maintain
15 appropriate times of operation and protocols to ensure
16 availability and appropriate referrals in the event of
17 emergencies.
18 e. The applicant must certify that it will provide a
19 minimum of 300 open-heart surgery procedures per year by the
20 completion of the 3rd full year of operation.
21 f. If the exempted provider fails to meet the
22 requirements listed in sub-subparagraph e., the agency shall
23 initiate revocation proceedings involving the
24 open-heart-services license within 90 days after the
25 completion of the 3rd full year of operation.
26 2. The exemption provided by this paragraph shall not
27 apply unless the agency determines that the program is in
28 compliance with the certifications required by subparagraph 1.
29 The agency shall monitor such programs to ensure compliance
30 with the certifications required by subparagraph 1.
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Florida Senate - 2002 CS for SB 698
317-1799-02
1 Section 2. This act shall take effect upon becoming a
2 law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 SB 698
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7 The committee substitute creates an exemption from
certificate-of-need review for open-heart surgery provided
8 certain criteria are met The bill also creates exemptions for
hospitals increasing acute care beds and neonatal intensive
9 care beds and exempts certain projects from the requirement
for an expedited review.
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