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A bill to be entitled |
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An act relating to health care; amending s. 408.036, F.S.; |
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providing an exemption from certificate-of-need |
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requirements for certain open-heart-surgery programs; |
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providing criteria for qualifying for the exemption; |
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requiring the Agency for Health Care Administration to |
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report to the Legislature; providing for expiration of the |
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exemption; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Paragraph (t) is added to subsection (3) of |
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section 408.036, Florida Statutes, to read: |
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408.036 Projects subject to review; exemptions.-- |
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(3) EXEMPTIONS.--Upon request, the following projects are |
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subject to exemption from the provisions of subsection (1): |
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(t)1. For the provision of adult open-heart services in a |
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hospital located within the boundaries of Palm Beach, Polk, |
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Martin, St. Lucie, or Indian River Counties if the following |
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conditions are met: the exemption must be based upon objective |
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criteria and address and solve the twin problems of geographic |
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and temporal access. A hospital shall be exempt from the |
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certificate-of-need review for the establishment of an open- |
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heart-surgery program when the application for exemption |
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submitted under this paragraph complies with the following |
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criteria: |
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a. The applicant must certify that it will meet and |
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continuously maintain the minimum licensure requirements adopted |
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by the agency governing adult open-heart programs, including the |
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most current guidelines of the American College of Cardiology |
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and American Heart Association Guidelines for Adult Open Heart |
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Programs. |
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b. The applicant must certify that it will maintain |
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sufficient appropriate equipment and health personnel to ensure |
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quality and safety. |
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c. The applicant must certify that it will maintain |
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appropriate times of operation and protocols to ensure |
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availability and appropriate referrals in the event of |
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emergencies. |
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d. The applicant can demonstrate that it is referring 300 |
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or more patients per year from the hospital, including the |
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emergency room, for cardiac services at a hospital with cardiac |
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services, or that the average wait for transfer for 50 percent |
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or more of the cardiac patients exceeds 4 hours.
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e. The applicant is a general acute care hospital that has |
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been in operation for 3 years or more.
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f. The applicant is performing more than 300 diagnostic |
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cardiac catheterization procedures per year, combined inpatient |
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and outpatient.
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g. The applicant's payor mix at a minimum reflects the |
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community average for Medicaid, charity care, and self-pay |
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patients or the applicant must certify that it will provide a |
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minimum of 5 percent of Medicaid, charity care, and self-pay to |
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open-heart-surgery patients.
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h. If the applicant fails to meet the established criteria |
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for open-heart programs or fails to reach 300 surgeries per year |
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by the end of its third year of operation, it must show cause |
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why its exemption should not be revoked. |
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2. By December 31, 2004, and annually thereafter, the |
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Agency for Health Care Administration shall submit a report to |
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the Legislature providing information concerning the number of |
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requests for exemption received under this paragraph and the |
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number of exemptions granted or denied. |
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3. This paragraph is repealed effective July 1, 2006. |
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Section 2. This act shall take effect upon becoming a law. |