Senate Bill sb2132c1

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    Florida Senate - 2003                           CS for SB 2132

    By the Committee on Health, Aging, and Long-Term Care; and
    Senators Saunders and Atwater




    317-2250-03

  1                      A bill to be entitled

  2         An act relating to certificates of need;

  3         amending s. 408.032, F.S.; redefining the term

  4         "tertiary health service," as used in the

  5         Health Facility and Services Development Act,

  6         to include open-heart surgery; amending s.

  7         408.033, F.S.; providing for the level of

  8         finding for local health councils; amending s.

  9         408.036, F.S.; amending provisions specifying

10         which health-care-related projects are subject

11         to review and must file an application for a

12         certificate of need; exempting certain projects

13         from review, including the provision of

14         percutaneous coronary intervention, in

15         specified circumstances; providing for the

16         expiration of such an exemption and for

17         postponement of the renewal of the exemption,

18         as specified; providing additional exemptions;

19         amending s. 408.038, F.S.; providing increases

20         in fees for certificate-of-need applications;

21         amending s. 408.039, F.S.; amending the review

22         process for certificates of need; providing for

23         automatic approval if the Agency for Health

24         Care Administration does not issue a final

25         order within a specified time; providing that a

26         court must require the losing party to pay

27         attorney's fees and costs of the prevailing

28         party in certain circumstances; creating the

29         Hospital Statutory and Regulatory Reform

30         Council; providing legislative intent;

31  

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 1         providing for membership and duties of the

 2         council; providing an effective date.

 3  

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

 5  

 6         Section 1.  Subsection (17) of section 408.032, Florida

 7  Statutes, is amended to read:

 8         408.032  Definitions relating to Health Facility and

 9  Services Development Act.--As used in ss. 408.031-408.045, the

10  term:

11         (17)  "Tertiary health service" means a health service

12  which, due to its high level of intensity, complexity,

13  specialized or limited applicability, and cost, should be

14  limited to, and concentrated in, a limited number of hospitals

15  to ensure the quality, availability, and cost-effectiveness of

16  such service. Examples of such service include, but are not

17  limited to, organ transplantation, adult and pediatric

18  open-heart surgery, specialty burn units, neonatal intensive

19  care units, comprehensive rehabilitation, and medical or

20  surgical services which are experimental or developmental in

21  nature to the extent that the provision of such services is

22  not yet contemplated within the commonly accepted course of

23  diagnosis or treatment for the condition addressed by a given

24  service.  The agency shall establish by rule a list of all

25  tertiary health services.

26         Section 2.  Subsections (2) and (3) of section 408.036,

27  Florida Statutes, are amended to read:

28         408.036  Projects subject to review; exemptions.--

29         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

30  exempt pursuant to subsection (3), projects subject to an

31  expedited review shall include, but are not be limited to:

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    Florida Senate - 2003                           CS for SB 2132
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 1         (a)  Research, education, and training programs.

 2         (b)  Shared services contracts or projects.

 3         (b)(c)  A transfer of a certificate of need, except

 4  that a purchaser who acquires an existing hospital also

 5  acquires all pending certificates of need filed by the

 6  existing hospital and all approved certificates of need owned

 7  by that hospital.

 8         (c)(d)  A 50-percent increase in nursing home beds for

 9  a facility incorporated and operating in this state for at

10  least 60 years on or before July 1, 1988, which has a licensed

11  nursing home facility located on a campus providing a variety

12  of residential settings and supportive services.  The

13  increased nursing home beds shall be for the exclusive use of

14  the campus residents.  Any application on behalf of an

15  applicant meeting this requirement shall be subject to the

16  base fee of $5,000 provided in s. 408.038.

17         (d)(e)  Replacement of a health care facility when the

18  proposed project site is located in the same district and

19  within a 1-mile radius of the replaced health care facility.

20         (f)  The conversion of mental health services beds

21  licensed under chapter 395 or hospital-based distinct part

22  skilled nursing unit beds to general acute care beds; the

23  conversion of mental health services beds between or among the

24  licensed bed categories defined as beds for mental health

25  services; or the conversion of general acute care beds to beds

26  for mental health services.

27         1.  Conversion under this paragraph shall not establish

28  a new licensed bed category at the hospital but shall apply

29  only to categories of beds licensed at that hospital.

30         2.  Beds converted under this paragraph must be

31  licensed and operational for at least 12 months before the

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 1  hospital may apply for additional conversion affecting beds of

 2  the same type.

 3  

 4  The agency shall develop rules to implement the provisions for

 5  expedited review, including time schedule, application content

 6  which may be reduced from the full requirements of s.

 7  408.037(1), and application processing.

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

 9  are subject to exemption from the provisions of subsection

10  (1):

11         (a)  For replacement of a licensed health care facility

12  on the same site, provided that the number of beds in each

13  licensed bed category will not increase.

14         (b)  For hospice services or for swing beds in a rural

15  hospital, as defined in s. 395.602, in a number that does not

16  exceed one-half of its licensed beds.

17         (c)  For the conversion of licensed acute care hospital

18  beds to Medicare and Medicaid certified skilled nursing beds

19  in a rural hospital, as defined in s. 395.602, so long as the

20  conversion of the beds does not involve the construction of

21  new facilities. The total number of skilled nursing beds,

22  including swing beds, may not exceed one-half of the total

23  number of licensed beds in the rural hospital as of July 1,

24  1993. Certified skilled nursing beds designated under this

25  paragraph, excluding swing beds, shall be included in the

26  community nursing home bed inventory.  A rural hospital which

27  subsequently decertifies any acute care beds exempted under

28  this paragraph shall notify the agency of the decertification,

29  and the agency shall adjust the community nursing home bed

30  inventory accordingly.

31  

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    Florida Senate - 2003                           CS for SB 2132
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 1         (d)  For the addition of nursing home beds at a skilled

 2  nursing facility that is part of a retirement community that

 3  provides a variety of residential settings and supportive

 4  services and that has been incorporated and operated in this

 5  state for at least 65 years on or before July 1, 1994. All

 6  nursing home beds must not be available to the public but must

 7  be for the exclusive use of the community residents.

 8         (e)  For an increase in the bed capacity of a nursing

 9  facility licensed for at least 50 beds as of January 1, 1994,

10  under part II of chapter 400 which is not part of a continuing

11  care facility if, after the increase, the total licensed bed

12  capacity of that facility is not more than 60 beds and if the

13  facility has been continuously licensed since 1950 and has

14  received a superior rating on each of its two most recent

15  licensure surveys.

16         (f)  For an inmate health care facility built by or for

17  the exclusive use of the Department of Corrections as provided

18  in chapter 945. This exemption expires when such facility is

19  converted to other uses.

20         (g)  For the termination of an inpatient health care

21  service, upon 30 days' written notice to the agency.

22         (h)  For the delicensure of beds, upon 30 days' written

23  notice to the agency. A request for exemption submitted under

24  this paragraph must identify the number, the category of beds,

25  and the name of the facility in which the beds to be

26  delicensed are located.

27         (i)  For the provision of adult inpatient diagnostic

28  cardiac catheterization services in a hospital.

29         1.  In addition to any other documentation otherwise

30  required by the agency, a request for an exemption submitted

31  under this paragraph must comply with the following criteria:

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 1         a.  The applicant must certify it will not provide

 2  therapeutic cardiac catheterization pursuant to the grant of

 3  the exemption.

 4         b.  The applicant must certify it will meet and

 5  continuously maintain the minimum licensure requirements

 6  adopted by the agency governing such programs pursuant to

 7  subparagraph 2.

 8         c.  The applicant must certify it will provide a

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

10  patients.

11         2.  The agency shall adopt licensure requirements by

12  rule which govern the operation of adult inpatient diagnostic

13  cardiac catheterization programs established pursuant to the

14  exemption provided in this paragraph. The rules shall ensure

15  that such programs:

16         a.  Perform only adult inpatient diagnostic cardiac

17  catheterization services authorized by the exemption and will

18  not provide therapeutic cardiac catheterization or any other

19  services not authorized by the exemption.

20         b.  Maintain sufficient appropriate equipment and

21  health personnel to ensure quality and safety.

22         c.  Maintain appropriate times of operation and

23  protocols to ensure availability and appropriate referrals in

24  the event of emergencies.

25         d.  Maintain appropriate program volumes to ensure

26  quality and safety.

27         e.  Provide a minimum of 2 percent of its services to

28  charity and Medicaid patients each year.

29         3.a.  The exemption provided by this paragraph shall

30  not apply unless the agency determines that the program is in

31  compliance with the requirements of subparagraph 1. and that

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 1  the program will, after beginning operation, continuously

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

 3  agency shall monitor such programs to ensure compliance with

 4  the requirements of subparagraph 2.

 5         b.(I)  The exemption for a program shall expire

 6  immediately when the program fails to comply with the rules

 7  adopted pursuant to sub-subparagraphs 2.a., b., and c.

 8         (II)  Beginning 18 months after a program first begins

 9  treating patients, the exemption for a program shall expire

10  when the program fails to comply with the rules adopted

11  pursuant to sub-subparagraphs 2.d. and e.

12         (III)  If the exemption for a program expires pursuant

13  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

14  agency shall not grant an exemption pursuant to this paragraph

15  for an adult inpatient diagnostic cardiac catheterization

16  program located at the same hospital until 2 years following

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

18  failed to comply with the rules adopted pursuant to

19  subparagraph 2.

20         (j)  For the provision of percutaneous coronary

21  intervention for patients presenting with emergency myocardial

22  infarctions in a hospital that does not have an approved adult

23  open-heart surgery program. In addition to any other

24  documentation otherwise required by the agency, the

25  prerequisites to a request for an exemption which is submitted

26  under this paragraph include:

27         1.  The applicant must certify that it will meet and

28  continuously maintain the requirements adopted by the agency

29  for the provision of these services. These licensure

30  requirements must be adopted by rule and must be consistent

31  with the guidelines for the provision of emergency

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 1  percutaneous coronary interventions in hospitals that do not

 2  have adult open-heart services which are published by the

 3  American College of Cardiology and the American Heart

 4  Association. At a minimum, the rules must provide that:

 5         a.  Cardiologists must be experienced

 6  interventionalists who have performed a minimum of 75

 7  interventions within the previous 12 months.

 8         b.  The hospital must provide a minimum of 36 emergency

 9  interventions annually, in order to continue to provide the

10  service.

11         c.  The hospital must offer sufficient physician,

12  nursing, and laboratory staff to provide the services 24 hours

13  a day, 7 days a week.

14         d.  Nursing and technical staff must have demonstrated

15  experience in handling acutely ill patients who require

16  intervention, which is based on previous experience in

17  dedicated interventional laboratories or surgical centers.

18         e.  Cardiac care nursing staff must be adept in

19  hemodynamic monitoring and IABP (Intra-Aortic Balloon Pump)

20  management.

21         f.  Formalized written transfer agreements must be

22  developed with a hospital that has an adult open-heart surgery

23  program, and written transport protocols must be in place to

24  ensure safe and efficient transfer of a patient within 60

25  minutes. Transfer and transport agreements must be reviewed

26  and tested at least every 3 months and appropriate

27  documentation must be maintained.

28         g.  Hospitals that implement the service must first

29  undertake a 3 to 6-month training program that includes

30  establishing standards, testing logistics, creating

31  

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 1  quality-assessment and error-management practices, and

 2  formalizing patient-selection criteria.

 3         2.  The applicant must certify that it will at all

 4  times use the patient-selection criteria for the performance

 5  of primary angioplasty at hospitals that do not have

 6  open-heart surgery programs which are issued by the American

 7  College of Cardiology and the American Heart Association.

 8         3.  The applicant must agree to submit to the agency a

 9  quarterly report that details patient characteristics and

10  treatment and outcomes for all patients who receive emergency

11  percutaneous coronary interventions pursuant to this

12  exemption. The report must be submitted within 15 days after

13  the close of each calendar quarter.

14         4.  The agency must have determined that the hospital

15  has taken all necessary steps to be in compliance with this

16  paragraph.

17  

18  An exemption provided under this paragraph expires immediately

19  if the hospital fails to meet the requirements of

20  sub-subparagraphs 1.a. and b. within 18 months after the

21  program begins offering the service or to comply continuously

22  with the rules adopted under sub-subparagraphs 1.c., d., e.,

23  and f. or with subparagraphs 2. and 3. If the exemption

24  provided under this paragraph expires because of such

25  deficiencies, the agency may not grant another exemption under

26  this paragraph to the same hospital for 2 years and, after the

27  2-year period has expired, may grant such an exemption only if

28  the hospital demonstrates its willingness to remain in

29  compliance with the adopted rules by correcting the

30  deficiencies that caused the exemption to expire.

31  

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 1         (k)(j)  For mobile surgical facilities and related

 2  health care services provided under contract with the

 3  Department of Corrections or a private correctional facility

 4  operating pursuant to chapter 957.

 5         (l)(k)  For state veterans' nursing homes operated by

 6  or on behalf of the Florida Department of Veterans' Affairs in

 7  accordance with part II of chapter 296 for which at least 50

 8  percent of the construction cost is federally funded and for

 9  which the Federal Government pays a per diem rate not to

10  exceed one-half of the cost of the veterans' care in such

11  state nursing homes. These beds shall not be included in the

12  nursing home bed inventory.

13         (m)(l)  For combination within one nursing home

14  facility of the beds or services authorized by two or more

15  certificates of need issued in the same planning subdistrict.

16  An exemption granted under this paragraph shall extend the

17  validity period of the certificates of need to be consolidated

18  by the length of the period beginning upon submission of the

19  exemption request and ending with issuance of the exemption.

20  The longest validity period among the certificates shall be

21  applicable to each of the combined certificates.

22         (n)(m)  For division into two or more nursing home

23  facilities of beds or services authorized by one certificate

24  of need issued in the same planning subdistrict.  An exemption

25  granted under this paragraph shall extend the validity period

26  of the certificate of need to be divided by the length of the

27  period beginning upon submission of the exemption request and

28  ending with issuance of the exemption.

29         (o)(n)  For the addition of hospital beds licensed

30  under chapter 395 for acute care, mental health services, or a

31  hospital-based distinct part skilled nursing unit in a number

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 1  that may not exceed 30 10 total beds or 10 percent of the

 2  licensed capacity of the bed category being expanded,

 3  whichever is greater; for the addition of medical

 4  rehabilitation beds licensed under chapter 395 in a number

 5  that may not exceed 8 total beds or 10 percent of capacity,

 6  whichever is greater; or for the addition of mental health

 7  services beds licensed under chapter 395 in a number that may

 8  not exceed 10 total beds or 10 percent of the licensed

 9  capacity of the bed category being expanded, whichever is

10  greater. Beds for specialty burn units or, neonatal intensive

11  care units, or comprehensive rehabilitation, or at a long-term

12  care hospital, may not be increased under this paragraph.

13         1.  In addition to any other documentation otherwise

14  required by the agency, a request for exemption submitted

15  under this paragraph must:

16         a.  Certify that the prior 12-month average occupancy

17  rate for the category of licensed beds being expanded at the

18  facility meets or exceeds 75 80 percent or, for a

19  hospital-based distinct part skilled nursing unit, the prior

20  12-month average occupancy rate meets or exceeds 96 percent

21  or, for medical rehabilitation beds, meets or exceeds 80

22  percent.

23         b.  Certify that any beds of the same type authorized

24  for the facility under this paragraph before the date of the

25  current request for an exemption have been licensed and

26  operational for at least 12 months.

27         2.  The timeframes and monitoring process specified in

28  s. 408.040(2)(a)-(c) apply to any exemption issued under this

29  paragraph.

30  

31  

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 1         3.  The agency shall count beds authorized under this

 2  paragraph as approved beds in the published inventory of

 3  hospital beds until the beds are licensed.

 4         (p)(o)  For the addition of acute care beds, as

 5  authorized by rule consistent with s. 395.003(4), in a number

 6  that may not exceed 30 10 total beds or 10 percent of licensed

 7  bed capacity, whichever is greater, for temporary beds in a

 8  hospital that has experienced high seasonal occupancy within

 9  the prior 12-month period or in a hospital that must respond

10  to emergency circumstances.

11         (q)(p)  For the addition of nursing home beds licensed

12  under chapter 400 in a number not exceeding 10 total beds or

13  10 percent of the number of beds licensed in the facility

14  being expanded, whichever is greater.

15         1.  In addition to any other documentation required by

16  the agency, a request for exemption submitted under this

17  paragraph must:

18         a.  Effective until June 30, 2001, certify that the

19  facility has not had any class I or class II deficiencies

20  within the 30 months preceding the request for addition.

21         b.  Effective on July 1, 2001, certify that the

22  facility has been designated as a Gold Seal nursing home under

23  s. 400.235.

24         c.  Certify that the prior 12-month average occupancy

25  rate for the nursing home beds at the facility meets or

26  exceeds 96 percent.

27         d.  Certify that any beds authorized for the facility

28  under this paragraph before the date of the current request

29  for an exemption have been licensed and operational for at

30  least 12 months.

31  

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 1         2.  The timeframes and monitoring process specified in

 2  s. 408.040(2)(a)-(c) apply to any exemption issued under this

 3  paragraph.

 4         3.  The agency shall count beds authorized under this

 5  paragraph as approved beds in the published inventory of

 6  nursing home beds until the beds are licensed.

 7         (q)  For establishment of a specialty hospital offering

 8  a range of medical service restricted to a defined age or

 9  gender group of the population or a restricted range of

10  services appropriate to the diagnosis, care, and treatment of

11  patients with specific categories of medical illnesses or

12  disorders, through the transfer of beds and services from an

13  existing hospital in the same county.

14         (r)  For the conversion of hospital-based Medicare and

15  Medicaid certified skilled nursing beds to acute care beds, if

16  the conversion does not involve the construction of new

17  facilities.

18         (s)  For the replacement of a statutory rural hospital

19  the proposed site of which is in the same district and within

20  10 miles of the existing facility and within the current

21  primary service area, defined as the fewest number of zip

22  codes comprising 75 percent of the hospital's inpatient

23  admissions. For fiscal year 2001-2002 only, for transfer by a

24  health care system of existing services and not more than 100

25  licensed and approved beds from a hospital in district 1,

26  subdistrict 1, to another location within the same subdistrict

27  in order to establish a satellite facility that will improve

28  access to outpatient and inpatient care for residents of the

29  district and subdistrict and that will use new medical

30  technologies, including advanced diagnostics, computer

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 1  assisted imaging, and telemedicine to improve care. This

 2  paragraph is repealed on July 1, 2002.

 3         (t)  For the conversion of mental health services beds

 4  licensed under chapter 395 or hospital-based distinct part

 5  skilled nursing unit beds to general acute care beds; the

 6  conversion of mental health services beds between or among the

 7  licensed bed categories defined as beds for mental health

 8  services; or the conversion of general acute care beds to beds

 9  for mental health services.

10         1.  Conversion under this paragraph does not establish

11  a new licensed bed category at the hospital but applies only

12  to categories of beds licensed at that hospital.

13         2.  Beds converted under this paragraph must be

14  licensed and operational for at least 12 months before the

15  hospital may apply for additional conversion affecting beds of

16  the same type.

17         (u)  For the creation of at least a 10-bed Level II

18  neonatal intensive care unit in an applicant hospital that has

19  demonstrated to the agency that the hospital had at least

20  1,500 births during the previous 12 months.

21         (v)  For the addition of Level II or Level III neonatal

22  intensive care beds in a number not to exceed 6 beds or 10

23  percent of licensed capacity in that category, whichever is

24  greater, if the hospital certifies that the average occupancy

25  rate for the category of licensed neonatal intensive care beds

26  during the immediately preceding 12 months is at least 75

27  percent.

28         Section 3.  Paragraph (g) is added to subsection (2) of

29  section 408.033, Florida Statutes, to read:

30         408.033  Local and state health planning.--

31         (2)  FUNDING.--

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 1         (g)  Effective July 1, 2003, funding for the 11 local

 2  health councils shall be at the level provided on July 1,

 3  2002.

 4         Section 4.  Section 408.038, Florida Statutes, is

 5  amended to read:

 6         408.038  Fees.--The agency shall assess fees on

 7  certificate-of-need applications.  Such fees shall be for the

 8  purpose of funding the functions of the local health councils

 9  and the activities of the agency and shall be allocated as

10  provided in s. 408.033. The fee shall be determined as

11  follows:

12         (1)  A minimum base fee of $10,000 $5,000.

13         (2)  In addition to the base fee of $10,000 $5,000,

14  0.015 of each dollar of proposed expenditure, except that a

15  fee may not exceed $50,000 $22,000.

16         Section 5.  Paragraph (e) of subsection (5) and

17  paragraph (c) of subsection (6) of section 408.039, Florida

18  Statutes, are amended to read:

19         408.039  Review process.--The review process for

20  certificates of need shall be as follows:

21         (5)  ADMINISTRATIVE HEARINGS.--

22         (e)  The agency shall issue its final order within 45

23  days after receipt of the recommended order. If the agency

24  fails to take action within 45 days, the Division of

25  Administrative Hearing's recommended order is considered

26  approved such time, or as otherwise agreed to by the applicant

27  and the agency, the applicant may take appropriate legal

28  action to compel the agency to act. When making a

29  determination on an application for a certificate of need, the

30  agency is specifically exempt from the time limitations

31  provided in s. 120.60(1).

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 1         (6)  JUDICIAL REVIEW.--

 2         (c)  The court, in its discretion, may award reasonable

 3  attorney's fees and costs to the prevailing party if the court

 4  finds that there was a complete absence of a justiciable issue

 5  of law or fact raised by the losing party. If the losing party

 6  is a hospital, the court shall order it to pay the reasonable

 7  attorney's fees and costs of the hospital that is the

 8  prevailing party, including fees and costs incurred as a

 9  result of the administrative hearing and the judicial appeal.

10         Section 6.  Hospital Statutory and Regulatory Reform

11  Council; legislative intent; creation; membership; duties.--

12         (1)  It is the intent of the Legislature to provide for

13  the protection of the public health and safety in the

14  establishment, construction, maintenance, and operation of

15  hospitals. However, the Legislature further intends that the

16  police power of the state be exercised toward that purpose

17  only to the extent necessary and that regulation remain

18  current with the ever-changing standard of care and not

19  restrict the introduction and use of new medical technologies

20  and procedures.

21         (2)  In order to achieve the purposes expressed in

22  subsection (1), it is necessary that the state establish a

23  mechanism for the ongoing review and updating of laws

24  regulating hospitals. The Hospital Statutory and Regulatory

25  Reform Council is created and located, for administrative

26  purposes only, within the Agency for Health Care

27  Administration. The council shall consist of no more than 15

28  members, including:

29         (a)  Nine members appointed by the Florida Hospital

30  Association who represent acute care, teaching, specialty,

31  

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 1  rural, government-owned, for-profit, and not-for-profit

 2  hospitals;

 3         (b)  Two members appointed by the Governor who

 4  represent patients;

 5         (c)  Two members appointed by the President of the

 6  Senate who represent private businesses that provide health

 7  insurance coverage for their employees, one of whom represents

 8  small private businesses and one of whom represents large

 9  private businesses. As used in this paragraph, the term

10  "private business" does not include an entity licensed under

11  chapter 627, Florida Statutes, or chapter 641, Florida

12  Statutes, or otherwise licensed or authorized to provide

13  health insurance services, either directly or indirectly, in

14  this state; and

15         (d)  Two members appointed by the Speaker of the House

16  of Representatives who represent physicians.

17         (3)  Council members shall be appointed to serve 2-year

18  terms and may be reappointed. A member shall serve until his

19  or her successor is appointed. The council shall annually

20  elect from among its members a chair and a vice chair. The

21  council shall meet at least twice a year and shall hold

22  additional meetings as it considers necessary. Members

23  appointed by the Florida Hospital Association may not receive

24  compensation or reimbursement of expenses for their services.

25  Members appointed by the Governor, the President of the

26  Senate, or the Speaker of the House of Representatives may be

27  reimbursed for travel expenses by the agency.

28         (4)  The council, as its first priority, shall review

29  chapters 395 and 408, Florida Statutes, and shall make

30  recommendations to the Legislature for the repeal of

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    Florida Senate - 2003                           CS for SB 2132
    317-2250-03




 1  regulatory provisions that are no longer necessary or that

 2  fail to promote cost-efficient, high-quality medicine.

 3         (5)  The council, as its second priority, shall

 4  recommend to the Secretary of Health and the Secretary of

 5  Health Care Administration regulatory changes relating to

 6  hospital licensure and regulation to assist the Department of

 7  Health and the Agency for Health Care Administration in

 8  carrying out their duties and to ensure that the intent of the

 9  Legislature as expressed in this subsection is carried out.

10         (6)  In determining whether a statute or rule is

11  appropriate or necessary, the council shall consider whether:

12         (a)  The statute or rule is necessary to prevent

13  substantial harm, which is recognizable and not remote, to the

14  public health, safety, or welfare;

15         (b)  The statute or rule restricts the use of new

16  medical technologies or encourages the implementation of more

17  cost-effective medical procedures;

18         (c)  The statute or rule has an unreasonable effect on

19  job creation or job retention in the state;

20         (d)  The public is or can be effectively protected by

21  other means;

22         (e)  The overall cost-effectiveness and economic effect

23  of the proposed statute or rule, including the indirect costs

24  to consumers, will be favorable; and

25         (f)  A lower-cost regulatory alternative to the statute

26  or rule could be adopted.

27         Section 7.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 2132
    317-2250-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2132

 3                                 

 4  The Committee Substitute does not require that money from the
    increased CON fees be used exclusively to fund the CON
 5  program. Funding for local health councils must remain at the
    level provided by the Legislature in 2002-2003.
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