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
    317-1799-02




  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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