Senate Bill sb1590c1

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    Florida Senate - 2004                           CS for SB 1590

    By the Committee on Health, Aging, and Long-Term Care; and
    Senators Fasano, Miller, Margolis, Atwater, Siplin,
    Haridopolos, Lynn and Wasserman Schultz



    11-2118A-04

  1                      A bill to be entitled

  2         An act relating to primary and comprehensive

  3         stroke centers; providing legislative intent

  4         relating to primary and comprehensive stroke

  5         centers; providing definitions; directing the

  6         Agency for Health Care Administration to create

  7         a list of primary and comprehensive stroke

  8         centers; directing the agency to adopt rules

  9         establishing criteria for primary and

10         comprehensive stroke centers; requiring the

11         Department of Health to distribute the list to

12         certain persons and entities; prohibiting a

13         person from advertising that a facility is a

14         state-listed stroke center unless the facility

15         meets the established criteria; directing the

16         department to develop a stroke triage

17         assessment tool; requiring licensed emergency

18         medical services providers to use the stroke

19         triage assessment tool; requiring licensed

20         emergency medical services providers to develop

21         and use certain specified protocols; providing

22         an effective date.

23  

24         WHEREAS, stroke is the third leading killer in the

25  United States and in Florida, and

26         WHEREAS, stroke is also a leading cause of serious

27  long-term disability in this state, and

28         WHEREAS, 165,000 people die from stroke in the United

29  States every year, including 10,000 persons in this state, and

30         WHEREAS, 60 percent of death from strokes occurs in

31  women, and

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    Florida Senate - 2004                           CS for SB 1590
    11-2118A-04




 1         WHEREAS, approximately 4.5 million survivors of a

 2  stroke are alive today, and as many as 25 percent are

 3  permanently disabled, and

 4         WHEREAS, nearly 30 percent of all people who suffer a

 5  stroke are younger than 65 years of age, and

 6         WHEREAS, it is estimated that strokes cost the United

 7  States nearly $50 billion a year in total costs, with direct

 8  costs estimated at $28 billion, and

 9         WHEREAS, as the population ages, death and disability

10  from stroke will increase dramatically if this state does not

11  implement strategies that will improve the survival of victims

12  of stroke in all communities across this state, and

13         WHEREAS, emergency medical services may currently be

14  transporting stroke victims to hospitals that do not have

15  specialized programs to provide timely and effective treatment

16  for stroke victims, NOW, THEREFORE,

17  

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

19  

20         Section 1.  Legislative intent.--

21         (1)  The Legislature finds that rapid identification,

22  diagnosis, and treatment of stroke can save the lives of

23  stroke victims and in some cases can reverse impairments such

24  as paralysis, leaving stroke victims with few or no

25  neurological deficits.

26         (2)  The Legislature further finds that a strong system

27  to support stroke survival is needed in our communities in

28  order to treat stroke victims in a timely manner and to

29  improve the overall treatment of stroke victims. Therefore,

30  the Legislature intends to promote the development of an

31  emergency treatment system in this state which will provide

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    Florida Senate - 2004                           CS for SB 1590
    11-2118A-04




 1  that stroke victims may be quickly identified and transported

 2  to and treated in facilities that have specialized programs

 3  for providing timely and effective treatment for stroke

 4  victims.

 5         Section 2.  Definitions.--As used in this act, the

 6  term:

 7         (1)  "Department" means the Department of Health.

 8         (2)  "Agency" means the Agency for Health Care

 9  Administration.

10         Section 3.  State-listed primary stroke centers and

11  comprehensive stroke centers; notification of hospitals.--

12         (1)  The agency shall make available on its website and

13  to the department a list of the name and address of each

14  hospital that meets the criteria for a primary stroke center

15  and the name and address of each hospital that meets the

16  criteria for a comprehensive stroke center. The list of

17  primary and comprehensive stroke centers shall include only

18  those hospitals that attest in an affidavit submitted to the

19  agency that the hospital meets the named criteria, or those

20  hospitals that attest in an affidavit submitted to the agency

21  that the hospital is certified as a primary or a comprehensive

22  stroke center by the Joint Commission on Accreditation of

23  Healthcare Organizations.

24         (2)(a)  If a hospital no longer chooses to meet the

25  criteria for a primary or comprehensive stroke center, the

26  hospital shall notify the agency and the agency shall

27  immediately remove the hospital from the list.

28         (b)1.  This subsection does not apply if the hospital

29  is unable to provide stroke treatment services for a period of

30  time not to exceed 2 months. The hospital shall immediately

31  notify all local emergency medical services providers when the

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    Florida Senate - 2004                           CS for SB 1590
    11-2118A-04




 1  temporary unavailability of stroke treatment services begins

 2  and when the services resume.

 3         2.  If stroke treatment services are unavailable for

 4  more than 2 months, the agency shall remove the hospital from

 5  the list of primary or comprehensive stroke centers until the

 6  hospital notifies the agency that stroke treatment services

 7  have been resumed.

 8         (3)  The agency shall notify all hospitals in this

 9  state by February 15, 2005, that the agency is compiling a

10  list of primary stroke centers and comprehensive stroke

11  centers in this state. The notice shall include an explanation

12  of the criteria necessary for designation as a primary stroke

13  center and the criteria necessary for designation as a

14  comprehensive stroke center. The notice shall also advise

15  hospitals of the process by which a hospital might be added to

16  the list of primary or comprehensive stroke centers.

17         (4)  The agency shall adopt by rule criteria for a

18  primary stroke center which are substantially similar to the

19  certification standards for primary stroke centers of the

20  Joint Commission on Accreditation of Healthcare Organizations.

21         (5)  The agency shall adopt by rule criteria for a

22  comprehensive stroke center. However, if the Joint Commission

23  on Accreditation of Healthcare Organizations establishes

24  criteria for a comprehensive stroke center, the agency shall

25  establish criteria for a comprehensive stroke center which are

26  substantially similar to those criteria established by the

27  Joint Commission on Accreditation of Healthcare Organizations.

28         (6)  This act is not a medical practice guideline and

29  may not be used to restrict the authority of a hospital to

30  provide services for which it has received a license under

31  chapter 395, Florida Statutes. The Legislature intends that

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    Florida Senate - 2004                           CS for SB 1590
    11-2118A-04




 1  all patients be treated individually based on each patient's

 2  needs and circumstances.

 3         Section 4.  Advertising restrictions.--A person may not

 4  advertise to the public, by way of any medium whatsoever, that

 5  a hospital is a state-listed primary or comprehensive stroke

 6  center unless the hospital has provided notice to the agency

 7  as required by this act.

 8         Section 5.  Emergency medical services providers;

 9  triage and transportation of stroke victims to a stroke

10  center.--

11         (1)  By June 1 of each year, the department shall send

12  the list of primary stroke centers and comprehensive stroke

13  centers to the medical director of each licensed emergency

14  medical services provider in this state.

15         (2)  The department shall develop a sample

16  stroke-triage assessment tool. The department must post this

17  sample assessment tool on its website and provide a copy of

18  the assessment tool to each licensed emergency medical

19  services provider no later than June 1, 2005. Each licensed

20  emergency medical services provider must use a stroke-triage

21  assessment tool that is substantially similar to the sample

22  stroke-triage assessment tool provided by the department.

23         (3)  The medical director of each licensed emergency

24  medical services provider shall develop and implement

25  assessment, treatment, and transport-destination protocols for

26  stroke patients with the intent to assess, treat, and

27  transport stroke patients to the most appropriate hospital.

28         (4)  Each emergency medical services provider licensed

29  under chapter 401, Florida Statutes, must comply with all

30  sections of this act by July 1, 2005.

31         Section 6.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1590
    11-2118A-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1590

 3                                 

 4  The Committee Substitute differs from SB 1590 in the following
    ways:
 5  
    The Department of Health will not certify stroke treatment
 6  centers, but will develop a sample stroke-triage assessment
    tool.
 7  
    The Agency for Health Care Administration will adopt rules to
 8  establish criteria for a primary stroke center and a
    comprehensive stroke center. The agency must compile and
 9  maintain a list of primary and comprehensive stroke treatment
    centers.
10  
    Emergency medical services providers will not be required to
11  transport stroke patients to a certified stroke center but
    must develop and implement assessment, treatment, and
12  transportation destination protocols for stroke patients and
    must use a stroke-triage assessment tool that is substantially
13  similar to the stroke triage assessment tool adopted by the
    Department of Health. Emergency Medical Services Providers
14  must comply with these requirements by July 1, 2005.

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