Senate Bill sb0056c1

    Florida Senate - 2003                             CS for SB 56

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Wise




    317-2133-03

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         408.036, F.S.; providing an exemption from

  4         certificate-of-need requirements for certain

  5         open-heart-surgery programs; providing criteria

  6         for qualifying for the exemption; requiring the

  7         Agency for Health Care Administration to report

  8         to the Legislature; providing for expiration of

  9         the exemption; providing an effective date.

10  

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

12  

13         Section 1.  Paragraph (t) is added to subsection (3) of

14  section 408.036, Florida Statutes, to read:

15         408.036  Projects subject to review; exemptions.--

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

17  are subject to exemption from the provisions of subsection

18  (1):

19         (t)1.  For an adult open-heart-surgery program to be

20  located in a new hospital provided the new hospital is being

21  established in the location of an existing hospital with an

22  adult open-heart-surgery program, the existing hospital and

23  the existing adult open-heart-surgery program are being

24  relocated to a replacement hospital, and the replacement

25  hospital will utilize a closed-staff model. A hospital is

26  exempt from the certificate-of-need review for the

27  establishment of an open-heart-surgery program if the

28  application for exemption submitted under this paragraph

29  complies with the following criteria:

30         a.  The applicant must certify that it will meet and

31  continuously maintain the minimum Florida Administrative Code

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    Florida Senate - 2003                             CS for SB 56
    317-2133-03




 1  and any future licensure requirements governing adult

 2  open-heart programs adopted by the agency, including the most

 3  current guidelines of the American College of Cardiology and

 4  American Heart Association Guidelines for Adult Open Heart

 5  Programs.

 6         b.  The applicant must certify that it will maintain

 7  sufficient appropriate equipment and health personnel to

 8  ensure quality and safety.

 9         c.  The applicant must certify that it will maintain

10  appropriate times of operation and protocols to ensure

11  availability and appropriate referrals in the event of

12  emergencies.

13         d.  The applicant is a newly licensed hospital in a

14  physical location previously owned and licensed to a hospital

15  performing more than 300 open-heart procedures each year,

16  including heart transplants.

17         e.  The applicant must certify that it can perform more

18  than 300 diagnostic cardiac catheterization procedures per

19  year, combined inpatient and outpatient, by the end of the

20  third year of it's operation.

21         f.  The applicant's payor mix at a minimum reflects the

22  community average for Medicaid, charity care, and self-pay

23  patients or the applicant must certify that it will provide a

24  minimum of 5 percent of Medicaid, charity care, and self-pay

25  to open-heart-surgery patients.

26         g.  If the applicant fails to meet the established

27  criteria for open-heart programs or fails to reach 300

28  surgeries per year by the end of its third year of operation,

29  it must show cause why its exemption should not be revoked.

30         h.  In order to ensure continuity of available

31  services, the applicant of the newly licensed hospital may

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    Florida Senate - 2003                             CS for SB 56
    317-2133-03




 1  apply for this certificate-of-need before taking possession of

 2  the physical facilities. The effective date of the

 3  certificate-of-need will be concurrent with the effective date

 4  of the newly issued hospital license.

 5         2.  By December 31, 2004, and annually thereafter, the

 6  agency shall submit a report to the Legislature providing

 7  information concerning the number of requests for exemption

 8  received under this paragraph and the number of exemptions

 9  granted or denied.

10         3.  This paragraph is repealed effective January 1,

11  2008.

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

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                          Senate Bill 56

17                                 

18  The Committee Substitute creates an exemption from
    certificate-of-need review for an adult open-heart surgery
19  program that is being established in the location of an
    existing hospital when the existing hospital and existing
20  adult open-heart surgery program are relocated to a
    replacement hospital that will use a closed staff model. The
21  bill provides criteria that the hospital must meet in order to
    qualify for the exemption.
22  
    If the adult open-heart surgery program fails to meet these
23  criteria or fails to reach 300 surgeries per year by the end
    of its third year of operation, the hospital must show cause
24  why its exemption should not be revoked.

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