| 1 | A bill to be entitled |
| 2 | An act relating to certificates of need; amending s. |
| 3 | 408.036, F.S; exempting from review certain projects |
| 4 | involving percutaneous coronary intervention; providing |
| 5 | requirements by which certain hospitals may obtain an |
| 6 | exemption; providing exemption limitations; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraphs (j), (k), (l), (m), (n), (o), (p), |
| 12 | (q), (r), (s), and (t) of subsection (3) of section 408.036, |
| 13 | Florida Statutes, are redesignated as paragraphs (k), (l), (m), |
| 14 | (n), (o), (p), (q), (r), (s), (t), and (u), respectively, and a |
| 15 | new paragraph (j) is added to said subsection, to read: |
| 16 | 408.036 Projects subject to review; exemptions.-- |
| 17 | (3) EXEMPTIONS.--Upon request, the following projects are |
| 18 | subject to exemption from the provisions of subsection (1): |
| 19 | (j) For the provision of percutaneous coronary |
| 20 | intervention for patients presenting with emergency myocardial |
| 21 | infarctions in a hospital without an approved adult open-heart- |
| 22 | surgery program. In addition to any other documentation required |
| 23 | by the agency, a request for an exemption submitted under this |
| 24 | paragraph must comply with the following: |
| 25 | 1. The applicant must certify that it will meet and |
| 26 | continuously maintain the requirements adopted by the agency for |
| 27 | the provision of these services. These licensure requirements |
| 28 | shall be adopted by rule pursuant to ss. 120.536(1) and 120.54 |
| 29 | and must be consistent with the guidelines published by the |
| 30 | American College of Cardiology and the American Heart |
| 31 | Association for the provision of percutaneous coronary |
| 32 | interventions in hospitals without adult open-heart services. At |
| 33 | a minimum, the rules shall require the following: |
| 34 | a. Cardiologists must be experienced interventionalists |
| 35 | who have performed a minimum of 75 interventions within the |
| 36 | previous 12 months. |
| 37 | b. The hospital must provide a minimum of 36 emergency |
| 38 | interventions annually in order to continue to provide the |
| 39 | service. |
| 40 | c. The hospital must offer sufficient physician, nursing, |
| 41 | and laboratory staff to provide the services 24 hours a day, 7 |
| 42 | days a week. |
| 43 | d. Nursing and technical staff must have demonstrated |
| 44 | experience in handling acutely ill patients requiring |
| 45 | intervention based on previous experience in dedicated |
| 46 | interventional laboratories or surgical centers. |
| 47 | e. Cardiac care nursing staff must be adept in hemodynamic |
| 48 | monitoring and Intra-aortic Balloon Pump (IABP) management. |
| 49 | f. Formalized written transfer agreements must be |
| 50 | developed with a hospital with an adult open-heart-surgery |
| 51 | program, and written transport protocols must be in place to |
| 52 | ensure safe and efficient transfer of a patient within 60 |
| 53 | minutes. Transfer and transport agreements must be reviewed and |
| 54 | tested, with appropriate documentation maintained at least every |
| 55 | 3 months. |
| 56 | g. Hospitals implementing the service must first undertake |
| 57 | a training program of 3 to 6 months, which includes establishing |
| 58 | standards and testing logistics, creating quality assessment and |
| 59 | error management practices, and formalizing patient-selection |
| 60 | criteria. |
| 61 | 2. The applicant must certify that it will use at all |
| 62 | times the patient-selection criteria for the performance of |
| 63 | primary angioplasty at hospitals without adult open-heart- |
| 64 | surgery programs issued by the American College of Cardiology |
| 65 | and the American Heart Association. At a minimum, these criteria |
| 66 | would provide for the following: |
| 67 | a. Avoidance of interventions in hemodynamically stable |
| 68 | patients who have identified symptoms or medical histories. |
| 69 | b. Transfer of patients who have a history of coronary |
| 70 | disease and clinical presentation of hemodynamic instability. |
| 71 | 3. The applicant must agree to submit a quarterly report |
| 72 | to the agency detailing patient characteristics, treatment, and |
| 73 | outcomes for all patients receiving emergency percutaneous |
| 74 | coronary interventions pursuant to this paragraph. This report |
| 75 | must be submitted within 15 days after the close of each |
| 76 | calendar quarter. |
| 77 | 4. The exemption provided by this paragraph does not apply |
| 78 | unless the agency determines that the hospital has taken all |
| 79 | necessary steps to be in compliance with all requirements of |
| 80 | this paragraph, including the training program required under |
| 81 | sub-subparagraph 1.g. |
| 82 | 5. Failure of the hospital to continuously comply with the |
| 83 | requirements of sub-subparagraphs 1.c.-f. and subparagraphs 2. |
| 84 | and 3. will result in the immediate expiration of this |
| 85 | exemption. |
| 86 | 6. Failure of the hospital to meet the volume requirements |
| 87 | of sub-subparagraphs 1.a.-b. within 18 months after the program |
| 88 | begins offering the service will result in the immediate |
| 89 | expiration of the exemption. |
| 90 |
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| 91 | If the exemption for this service expires under subparagraph 5. |
| 92 | or subparagraph 6., the agency may not grant another exemption |
| 93 | for this service to the same hospital for 2 years and then only |
| 94 | upon a showing that the hospital will remain in compliance with |
| 95 | the requirements of this paragraph through a demonstration of |
| 96 | corrections to the deficiencies that caused expiration of the |
| 97 | exemption. Compliance with the requirements of this paragraph |
| 98 | includes compliance with the rules adopted pursuant to this |
| 99 | paragraph. |
| 100 | Section 2. This act shall take effect July 1, 2004. |