Senate Bill sb0056

    Florida Senate - 2003                                    SB 56

    By Senator Wise





    5-67-03

  1                      A bill to be entitled

  2         An act relating to hospital licensing and

  3         regulation; defining terms; prohibiting certain

  4         transfers of open-heart surgery services;

  5         providing for a shared open-heart certificate

  6         of need in specified circumstances; providing

  7         an evidentiary presumption; providing a

  8         penalty; providing an effective date.

  9  

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

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12         Section 1.  Transfer of open-heart surgery services

13  prohibited; shared certificate of need; penalty for closing

14  staff or removing services.--

15         (1)  As used in this section, the term:

16         (a)  "Closed-staff hospital" means a hospital in which

17  the physicians are salaried employees.

18         (b)  "Open-staff hospital" means a hospital in which

19  physicians in the community can apply for admitting

20  privileges.

21         (2)  A private interest group or a licensed general

22  hospital as defined under section 395.002, Florida Statutes,

23  may not remove open-heart surgery services from a licensed

24  general hospital that has an open medical staff to a

25  closed-staff general hospital.

26         (3)  If the situation described in subsection (2)

27  arises, the Agency for Health Care Administration may allow a

28  shared open-heart certificate of need between the two licensed

29  general hospitals to prevent the interruption of open-heart

30  services at either of the two hospitals.

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






    Florida Senate - 2003                                    SB 56
    5-67-03




 1         (4)  The closing of a hospital's staff or the removal

 2  of open-heart services from an open-staff general hospital to

 3  a closed-staff hospital is prima facie evidence that the

 4  licensed general hospital no longer makes its facilities and

 5  services available to the general population and that the

 6  hospital is no longer a general hospital; consequently, the

 7  hospital's license is subject to revocation or suspension by

 8  the agency as authorized under section 395.003(8), Florida

 9  Statutes.

10         Section 2.  This act shall take effect July 1, 2003.

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13                          SENATE SUMMARY

14    Prohibits certain transfers of open-heart surgery
      services from an open-staff hospital to a closed-staff
15    hospital. Permits the Agency for Health Care
      Administration to allow a shared open-heart certificate
16    of need in such circumstances. Provides an evidentiary
      presumption and provides for the agency to revoke or
17    suspend a hospital's license if a hospital's staff is
      closed or if open-heart services are removed from an
18    open-staff hospital to a closed-staff hospital.

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