SENATE AMENDMENT
    Bill No. SB 182
    Amendment No. ___   Barcode 830962
                            CHAMBER ACTION
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       04/21/2004 02:32 PM         .                    
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 4, between lines 16 and 17,
15  
16  insert:  
17         Section 2.  Notwithstanding conflicting provisions in
18  House Bill 329, section 408.0361, Florida Statutes, is amended
19  to read:
20         408.0361  Cardiology services and burn unit licensure
21  Diagnostic cardiac catheterization services providers;
22  compliance with guidelines and requirements.--
23         (1)  Each provider of diagnostic cardiac
24  catheterization services shall comply with the requirements of
25  s. 408.036(3)(i)2.a.-d., and rules adopted by of the agency
26  that establish licensure standards for Health Care
27  Administration governing the operation of adult inpatient
28  diagnostic cardiac catheterization programs. The rules shall
29  ensure that such programs:
30         (a)  Comply with, including the most recent guidelines
31  of the American College of Cardiology and American Heart
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    4:13 PM   04/20/04                                s0182c-25e0f

SENATE AMENDMENT Bill No. SB 182 Amendment No. ___ Barcode 830962 1 Association Guidelines for Cardiac Catheterization and Cardiac 2 Catheterization Laboratories. 3 (b) Perform only adult inpatient diagnostic cardiac 4 catheterization services and will not provide therapeutic 5 cardiac catheterization or any other cardiology services. 6 (c) Maintain sufficient appropriate equipment and 7 health care personnel to ensure quality and safety. 8 (d) Maintain appropriate times of operation and 9 protocols to ensure availability and appropriate referrals in 10 the event of emergencies. 11 (e) Demonstrate a plan to provide services to Medicaid 12 and charity care patients. 13 (2) Each provider of adult interventional cardiology 14 services or operator of a burn unit shall comply with rules 15 adopted by the agency that establish licensure standards that 16 govern the provision of adult interventional cardiology 17 services or the operation of a burn unit. Such rules shall 18 consider, at a minimum, staffing, equipment, physical plant, 19 operating protocols, the provision of services to Medicaid and 20 charity care patients, accreditation, licensure period and 21 fees, and enforcement of minimum standards. The 22 certificate-of-need rules for adult interventional cardiology 23 services and burn units in effect on June 30, 2004, are 24 authorized pursuant to this subsection and shall remain in 25 effect and shall be enforceable by the agency until the 26 licensure rules are adopted. Existing providers and any 27 provider with a notice of intent to grant a certificate of 28 need or a final order of the agency granting a certificate of 29 need for adult interventional cardiology services or burn 30 units shall be considered grandfathered and receive a license 31 for their programs effective on the effective date of this 2 4:13 PM 04/20/04 s0182c-25e0f
SENATE AMENDMENT Bill No. SB 182 Amendment No. ___ Barcode 830962 1 act. The grandfathered licensure shall be for at least 2 years 2 or a period specified in the rule, whichever is longer, but 3 shall be required to meet licensure standards applicable to 4 existing programs for every subsequent licensure period. 5 (3) In establishing rules for adult interventional 6 cardiology services, the agency shall include provisions that 7 allow for: 8 (a) Establishment of two hospital program licensure 9 levels: a Level I program authorizing the performance of adult 10 percutaneous cardiac intervention without onsite cardiac 11 surgery and a Level II program authorizing the performance of 12 percutaneous cardiac intervention with onsite cardiac surgery. 13 (b) For a hospital seeking a Level I program, 14 demonstration that, for the most recent 12-month period as 15 reported to the agency, it has provided a minimum of 300 adult 16 inpatient and outpatient diagnostic cardiac catheterizations 17 or, for the most recent 12-month period, has discharged or 18 transferred at least 300 inpatients with the principal 19 diagnosis of ischemic heart disease and that it has a 20 formalized, written transfer agreement with a hospital that 21 has a Level II program, including written transport protocols 22 to ensure safe and efficient transfer of a patient within 60 23 minutes. 24 (c) For a hospital seeking a Level II program, 25 demonstration that, for the most recent 12-month period as 26 reported to the agency, it has performed a minimum of 1,100 27 adult inpatient and outpatient cardiac catheterizations, of 28 which at least 400 must be therapeutic catheterizations, or, 29 for the most recent 12-month period, has discharged at least 30 800 patients with the principal diagnosis of ischemic heart 31 disease. 3 4:13 PM 04/20/04 s0182c-25e0f
SENATE AMENDMENT Bill No. SB 182 Amendment No. ___ Barcode 830962 1 (d) Compliance with the most recent guidelines of the 2 American College of Cardiology and American Heart Association 3 guidelines for staffing, physician training and experience, 4 operating procedures, equipment, physical plant, and patient 5 selection criteria to ensure patient quality and safety. 6 (e) Establishment of appropriate hours of operation 7 and protocols to ensure availability and timely referral in 8 the event of emergencies. 9 (f) Demonstration of a plan to provide services to 10 Medicaid and charity care patients. 11 (4) The agency shall establish a technical advisory 12 panel to develop procedures and standards for measuring 13 outcomes of interventional cardiac programs. Members of the 14 panel shall include representatives of the Florida Hospital 15 Association, the Florida Society of Thoracic and 16 Cardiovascular Surgeons, the Florida Chapter of the American 17 College of Cardiology, and the Florida Chapter of the American 18 Heart Association and others with experience in statistics and 19 outcome measurement. Based on recommendations from the panel, 20 the agency shall develop and adopt rules for the 21 interventional cardiac programs that include at least the 22 following: 23 (a) A standard data set consisting primarily of data 24 elements reported to the agency in accordance with s. 408.061. 25 (b) A risk adjustment procedure that accounts for the 26 variations in severity and case mix found in hospitals in this 27 state. 28 (c) Outcome standards specifying expected levels of 29 performance in Level I and Level II adult interventional 30 cardiology services. Such standards may include, but shall not 31 be limited to, in-hospital mortality, infection rates, 4 4:13 PM 04/20/04 s0182c-25e0f
SENATE AMENDMENT Bill No. SB 182 Amendment No. ___ Barcode 830962 1 nonfatal myocardial infarctions, length of stay, postoperative 2 bleeds, and returns to surgery. 3 (d) Specific steps to be taken by the agency and 4 licensed hospitals that do not meet the outcome standards 5 within specified time periods, including time periods for 6 detailed case reviews and development and implementation of 7 corrective action plans. 8 (5) The Secretary of Health Care Administration shall 9 appoint an advisory group to study the issue of replacing 10 certificate-of-need review of organ transplant programs under 11 this chapter with licensure regulation of organ transplant 12 programs under chapter 395. The advisory group shall include 13 three representatives of organ transplant providers, one 14 representative of an organ procurement organization, one 15 representative of the Division of Health Quality Assurance, 16 one representative of Medicaid, and one organ transplant 17 patient advocate. The advisory group shall, at minimum, make 18 recommendations regarding access to organs, delivery of 19 services to Medicaid and charity care patients, staff 20 training, and resource requirements for organ transplant 21 programs in a report due to the secretary and the Legislature 22 by July 1, 2005. 23 (6) The Secretary of Health Care Administration shall 24 appoint a workgroup to study certificate-of-need regulations 25 and changing market conditions related to the supply and 26 distribution of hospital beds. The assessment by the workgroup 27 shall include, but not be limited to, the following: 28 (a) The appropriateness of current certificate-of-need 29 methodologies and other criteria for evaluating proposals for 30 new hospitals and transfer of beds to new sites. 31 (b) Additional factors that should be considered, 5 4:13 PM 04/20/04 s0182c-25e0f
SENATE AMENDMENT Bill No. SB 182 Amendment No. ___ Barcode 830962 1 including the viability of safety net services, the extent of 2 market competition, and the accessibility of hospital 3 services. 4 5 The workgroup shall submit a report by January 1, 2005, to the 6 secretary and the Legislature identifying specific problem 7 areas and recommending needed changes in statutes or rules. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 1, line 9, after the semicolon, 15 16 insert: 17 amending s. 408.0361, F.S.; requiring the 18 agency to adopt rules to develop licensing 19 standards for cardiology services and burn 20 units; providing criteria for such rules; 21 requiring certain providers to comply with such 22 rules; requiring the agency to include certain 23 provisions in establishing the rules; requiring 24 the agency to establish a technical advisory 25 panel and adopt rules based on the panel's 26 recommendations; requiring the secretary of the 27 agency to appoint an advisory group; providing 28 membership criteria for such group; requiring 29 the group to make certain recommendations; 30 requiring the secretary to appoint a workgroup; 31 providing the components of such workgroup's 6 4:13 PM 04/20/04 s0182c-25e0f
SENATE AMENDMENT Bill No. SB 182 Amendment No. ___ Barcode 830962 1 assessment; requiring a report; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 4:13 PM 04/20/04 s0182c-25e0f