Senate Bill sb0182

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    Florida Senate - 2004                                   SB 182

    By Senator Atwater





    25-112-04

  1                      A bill to be entitled

  2         An act relating to certificates of need;

  3         amending s. 408.036, F.S., relating to

  4         health-care-related projects subject to review

  5         for a certificate of need; exempting certain

  6         projects involving percutaneous coronary

  7         intervention from review; providing

  8         requirements by which certain hospitals may

  9         obtain an exemption; providing an effective

10         date.

11  

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

13  

14         Section 1.  Present paragraphs (j), (k), (l), (m), (n),

15  (o), (p), (q), (r), (s), and (t) of subsection (3) of section

16  408.036, Florida Statutes, are redesignated as paragraphs (k),

17  (l), (m), (n), (o), (p), (q), (r), (s), (t), and (u),

18  respectively, and a new paragraph (j) is added to that

19  subsection, to read:

20         408.036  Projects subject to review; exemptions.--

21         (3)  EXEMPTIONS.--Upon request, the following projects

22  are subject to exemption from the provisions of subsection

23  (1):

24         (j)  For the provision of percutaneous coronary

25  intervention for patients presenting with emergency myocardial

26  infarctions in a hospital without an approved adult

27  open-heart-surgery program. In addition to any other

28  documentation required by the agency, a request for an

29  exemption submitted under this paragraph must comply with the

30  following:

31  

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    Florida Senate - 2004                                   SB 182
    25-112-04




 1         1.  The applicant must certify that it will meet and

 2  continuously maintain the requirements adopted by the agency

 3  for the provision of these services. These licensure

 4  requirements shall be adopted by rule pursuant to ss.

 5  120.536(1) and 120.54 and must be consistent with the

 6  guidelines published by the American College of Cardiology and

 7  the American Heart Association for the provision of

 8  percutaneous coronary interventions in hospitals without adult

 9  open-heart services. At a minimum, the rules shall require the

10  following:

11         a.  Cardiologists must be experienced

12  interventionalists who have performed a minimum of 75

13  interventions within the previous 12 months.

14         b.  The hospital must provide a minimum of 36 emergency

15  interventions annually in order to continue to provide the

16  service.

17         c.  The hospital must offer sufficient physician,

18  nursing, and laboratory staff to provide the services 24 hours

19  a day, 7 days a week.

20         d.  Nursing and technical staff must have demonstrated

21  experience in handling acutely ill patients requiring

22  intervention based on previous experience in dedicated

23  interventional laboratories or surgical centers.

24         e.  Cardiac care nursing staff must be adept in

25  hemodynamic monitoring and Intra-aortic Balloon Pump (IABP)

26  management.

27         f.  Formalized written transfer agreements must be

28  developed with a hospital with an adult open-heart-surgery

29  program, and written transport protocols must be in place to

30  ensure safe and efficient transfer of a patient within 60

31  minutes. Transfer and transport agreements must be reviewed

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    Florida Senate - 2004                                   SB 182
    25-112-04




 1  and tested, with appropriate documentation maintained at least

 2  every 3 months.

 3         g.  Hospitals implementing the service must first

 4  undertake a training program of 3 to 6 months, which includes

 5  establishing standards and testing logistics, creating quality

 6  assessment and error management practices, and formalizing

 7  patient-selection criteria.

 8         2.  The applicant must certify that it will use at all

 9  times the patient-selection criteria for the performance of

10  primary angioplasty at hospitals without adult

11  open-heart-surgery programs issued by the American College of

12  Cardiology and the American Heart Association. At a minimum,

13  these criteria would provide for the following:

14         a.  Avoidance of interventions in hemodynamically

15  stable patients who have identified symptoms or medical

16  histories.

17         b.  Transfer of patients who have a history of coronary

18  disease and clinical presentation of hemodynamic instability.

19         3.  The applicant must agree to submit a quarterly

20  report to the agency detailing patient characteristics,

21  treatment, and outcomes for all patients receiving emergency

22  percutaneous coronary interventions pursuant to this

23  paragraph. This report must be submitted within 15 days after

24  the close of each calendar quarter.

25         4.  The exemption provided by this paragraph does not

26  apply unless the agency determines that the hospital has taken

27  all necessary steps to be in compliance with all requirements

28  of this paragraph, including the training program required

29  under sub-subparagraph 1.g.

30         5.  Failure of the hospital to continuously comply with

31  the requirements of sub-subparagraphs 1.c.-f. and

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    Florida Senate - 2004                                   SB 182
    25-112-04




 1  subparagraphs 2. and 3. will result in the immediate

 2  expiration of this exemption.

 3         6.  Failure of the hospital to meet the volume

 4  requirements of sub-subparagraphs 1.a.-b. within 18 months

 5  after the program begins offering the service will result in

 6  the immediate expiration of the exemption.

 7  

 8  If the exemption for this service expires under subparagraph

 9  5. or subparagraph 6., the agency may not grant another

10  exemption for this service to the same hospital for 2 years

11  and then only upon a showing that the hospital will remain in

12  compliance with the requirements of this paragraph through a

13  demonstration of corrections to the deficiencies that caused

14  expiration of the exemption. Compliance with the requirements

15  of this paragraph includes compliance with the rules adopted

16  pursuant to this paragraph.

17         Section 2.  This act shall take effect July 1, 2004.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Provides an exemption from certificate-of-need review for
      the provision of pertaneous coronary intervention to
22    patients who have emergency myocardial infarctions in a
      hospital without an approved adult open-heart-surgery
23    program.

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