HB 1665

1
A bill to be entitled
2An act relating to certificates of need; amending s.
3408.036, F.S; exempting from review certain projects
4involving percutaneous coronary intervention; providing
5requirements by which certain hospitals may obtain an
6exemption; providing exemption limitations; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraphs (j), (k), (l), (m), (n), (o), (p),
12(q), (r), (s), and (t) of subsection (3) of section 408.036,
13Florida Statutes, are redesignated as paragraphs (k), (l), (m),
14(n), (o), (p), (q), (r), (s), (t), and (u), respectively, and a
15new 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
18subject to exemption from the provisions of subsection (1):
19     (j)  For the provision of percutaneous coronary
20intervention for patients presenting with emergency myocardial
21infarctions in a hospital without an approved adult open-heart-
22surgery program. In addition to any other documentation required
23by the agency, a request for an exemption submitted under this
24paragraph must comply with the following:
25     1.  The applicant must certify that it will meet and
26continuously maintain the requirements adopted by the agency for
27the provision of these services. These licensure requirements
28shall be adopted by rule pursuant to ss. 120.536(1) and 120.54
29and must be consistent with the guidelines published by the
30American College of Cardiology and the American Heart
31Association for the provision of percutaneous coronary
32interventions in hospitals without adult open-heart services. At
33a minimum, the rules shall require the following:
34     a.  Cardiologists must be experienced interventionalists
35who have performed a minimum of 75 interventions within the
36previous 12 months.
37     b.  The hospital must provide a minimum of 36 emergency
38interventions annually in order to continue to provide the
39service.
40     c.  The hospital must offer sufficient physician, nursing,
41and laboratory staff to provide the services 24 hours a day, 7
42days a week.
43     d.  Nursing and technical staff must have demonstrated
44experience in handling acutely ill patients requiring
45intervention based on previous experience in dedicated
46interventional laboratories or surgical centers.
47     e.  Cardiac care nursing staff must be adept in hemodynamic
48monitoring and Intra-aortic Balloon Pump (IABP) management.
49     f.  Formalized written transfer agreements must be
50developed with a hospital with an adult open-heart-surgery
51program, and written transport protocols must be in place to
52ensure safe and efficient transfer of a patient within 60
53minutes. Transfer and transport agreements must be reviewed and
54tested, with appropriate documentation maintained at least every
553 months.
56     g.  Hospitals implementing the service must first undertake
57a training program of 3 to 6 months, which includes establishing
58standards and testing logistics, creating quality assessment and
59error management practices, and formalizing patient-selection
60criteria.
61     2.  The applicant must certify that it will use at all
62times the patient-selection criteria for the performance of
63primary angioplasty at hospitals without adult open-heart-
64surgery programs issued by the American College of Cardiology
65and the American Heart Association. At a minimum, these criteria
66would provide for the following:
67     a.  Avoidance of interventions in hemodynamically stable
68patients who have identified symptoms or medical histories.
69     b.  Transfer of patients who have a history of coronary
70disease and clinical presentation of hemodynamic instability.
71     3.  The applicant must agree to submit a quarterly report
72to the agency detailing patient characteristics, treatment, and
73outcomes for all patients receiving emergency percutaneous
74coronary interventions pursuant to this paragraph. This report
75must be submitted within 15 days after the close of each
76calendar quarter.
77     4.  The exemption provided by this paragraph does not apply
78unless the agency determines that the hospital has taken all
79necessary steps to be in compliance with all requirements of
80this paragraph, including the training program required under
81sub-subparagraph 1.g.
82     5.  Failure of the hospital to continuously comply with the
83requirements of sub-subparagraphs 1.c.-f. and subparagraphs 2.
84and 3. will result in the immediate expiration of this
85exemption.
86     6.  Failure of the hospital to meet the volume requirements
87of sub-subparagraphs 1.a.-b. within 18 months after the program
88begins offering the service will result in the immediate
89expiration of the exemption.
90
91If the exemption for this service expires under subparagraph 5.
92or subparagraph 6., the agency may not grant another exemption
93for this service to the same hospital for 2 years and then only
94upon a showing that the hospital will remain in compliance with
95the requirements of this paragraph through a demonstration of
96corrections to the deficiencies that caused expiration of the
97exemption. Compliance with the requirements of this paragraph
98includes compliance with the rules adopted pursuant to this
99paragraph.
100     Section 2.  This act shall take effect July 1, 2004.


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