Senate Bill sb0182e1

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    SB 182                                         First Engrossed



  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; amending s. 408.0361,

10         F.S.; requiring the agency to adopt rules to

11         develop licensing standards for cardiology

12         services and burn units; providing criteria for

13         such rules; requiring certain providers to

14         comply with such rules; requiring the agency to

15         include certain provisions in establishing the

16         rules; requiring the agency to establish a

17         technical advisory panel and adopt rules based

18         on the panel's recommendations; requiring the

19         secretary of the agency to appoint an advisory

20         group; providing membership criteria for such

21         group; requiring the group to make certain

22         recommendations; requiring the secretary to

23         appoint a workgroup; providing the components

24         of such workgroup's assessment; requiring a

25         report; providing an effective date.

26  

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

28  

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

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

31  408.036, Florida Statutes, are redesignated as paragraphs (k),


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    SB 182                                         First Engrossed



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

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

 3  subsection, to read:

 4         408.036  Projects subject to review; exemptions.--

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

 6  are subject to exemption from the provisions of subsection

 7  (1):

 8         (j)  For the provision of percutaneous coronary

 9  intervention for patients presenting with emergency myocardial

10  infarctions in a hospital without an approved adult

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

12  documentation required by the agency, a request for an

13  exemption submitted under this paragraph must comply with the

14  following:

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

16  continuously maintain the requirements adopted by the agency

17  for the provision of these services. These licensure

18  requirements shall be adopted by rule pursuant to ss.

19  120.536(1) and 120.54 and must be consistent with the

20  guidelines published by the American College of Cardiology and

21  the American Heart Association for the provision of

22  percutaneous coronary interventions in hospitals without adult

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

24  following:

25         a.  Cardiologists must be experienced

26  interventionalists who have performed a minimum of 75

27  interventions within the previous 12 months.

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

29  interventions annually in order to continue to provide the

30  service.

31  


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    SB 182                                         First Engrossed



 1         c.  The hospital must offer sufficient physician,

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

 3  a day, 7 days a week.

 4         d.  Nursing and technical staff must have demonstrated

 5  experience in handling acutely ill patients requiring

 6  intervention based on previous experience in dedicated

 7  interventional laboratories or surgical centers.

 8         e.  Cardiac care nursing staff must be adept in

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

10  management.

11         f.  Formalized written transfer agreements must be

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

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

14  ensure safe and efficient transfer of a patient within 60

15  minutes. Transfer and transport agreements must be reviewed

16  and tested, with appropriate documentation maintained at least

17  every 3 months.

18         g.  Hospitals implementing the service must first

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

20  establishing standards and testing logistics, creating quality

21  assessment and error management practices, and formalizing

22  patient-selection criteria.

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

24  times the patient-selection criteria for the performance of

25  primary angioplasty at hospitals without adult

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

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

28  these criteria would provide for the following:

29         a.  Avoidance of interventions in hemodynamically

30  stable patients who have identified symptoms or medical

31  histories.


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    SB 182                                         First Engrossed



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

 2  disease and clinical presentation of hemodynamic instability.

 3         3.  The applicant must agree to submit a quarterly

 4  report to the agency detailing patient characteristics,

 5  treatment, and outcomes for all patients receiving emergency

 6  percutaneous coronary interventions pursuant to this

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

 8  the close of each calendar quarter.

 9         4.  The exemption provided by this paragraph does not

10  apply unless the agency determines that the hospital has taken

11  all necessary steps to be in compliance with all requirements

12  of this paragraph, including the training program required

13  under sub-subparagraph 1.g.

14         5.  Failure of the hospital to continuously comply with

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

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

17  expiration of this exemption.

18         6.  Failure of the hospital to meet the volume

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

20  after the program begins offering the service will result in

21  the immediate expiration of the exemption.

22  

23  If the exemption for this service expires under subparagraph

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

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

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

27  compliance with the requirements of this paragraph through a

28  demonstration of corrections to the deficiencies that caused

29  expiration of the exemption. Compliance with the requirements

30  of this paragraph includes compliance with the rules adopted

31  pursuant to this paragraph.


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    SB 182                                         First Engrossed



 1         Section 2.  Notwithstanding conflicting provisions in

 2  House Bill 329, section 408.0361, Florida Statutes, is amended

 3  to read:

 4         408.0361  Cardiology services and burn unit licensure

 5  Diagnostic cardiac catheterization services providers;

 6  compliance with guidelines and requirements.--

 7         (1)  Each provider of diagnostic cardiac

 8  catheterization services shall comply with the requirements of

 9  s. 408.036(3)(i)2.a.-d., and rules adopted by of the agency

10  that establish licensure standards for Health Care

11  Administration governing the operation of adult inpatient

12  diagnostic cardiac catheterization programs. The rules shall

13  ensure that such programs:

14         (a)  Comply with, including the most recent guidelines

15  of the American College of Cardiology and American Heart

16  Association Guidelines for Cardiac Catheterization and Cardiac

17  Catheterization Laboratories.

18         (b)  Perform only adult inpatient diagnostic cardiac

19  catheterization services and will not provide therapeutic

20  cardiac catheterization or any other cardiology services.

21         (c)  Maintain sufficient appropriate equipment and

22  health care personnel to ensure quality and safety.

23         (d)  Maintain appropriate times of operation and

24  protocols to ensure availability and appropriate referrals in

25  the event of emergencies.

26         (e)  Demonstrate a plan to provide services to Medicaid

27  and charity care patients.

28         (2)  Each provider of adult interventional cardiology

29  services or operator of a burn unit shall comply with rules

30  adopted by the agency that establish licensure standards that

31  govern the provision of adult interventional cardiology


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    SB 182                                         First Engrossed



 1  services or the operation of a burn unit. Such rules shall

 2  consider, at a minimum, staffing, equipment, physical plant,

 3  operating protocols, the provision of services to Medicaid and

 4  charity care patients, accreditation, licensure period and

 5  fees, and enforcement of minimum standards. The

 6  certificate-of-need rules for adult interventional cardiology

 7  services and burn units in effect on June 30, 2004, are

 8  authorized pursuant to this subsection and shall remain in

 9  effect and shall be enforceable by the agency until the

10  licensure rules are adopted. Existing providers and any

11  provider with a notice of intent to grant a certificate of

12  need or a final order of the agency granting a certificate of

13  need for adult interventional cardiology services or burn

14  units shall be considered grandfathered and receive a license

15  for their programs effective on the effective date of this

16  act. The grandfathered licensure shall be for at least 3 years

17  or a period specified in the rule, whichever is longer, but

18  shall be required to meet licensure standards applicable to

19  existing programs for every subsequent licensure period.

20         (3)  In establishing rules for adult interventional

21  cardiology services, the agency shall include provisions that

22  allow for:

23         (a)  Establishment of two hospital program licensure

24  levels: a Level I program authorizing the performance of adult

25  percutaneous cardiac intervention without onsite cardiac

26  surgery and a Level II program authorizing the performance of

27  percutaneous cardiac intervention with onsite cardiac surgery.

28         (b)  For a hospital seeking a Level I program,

29  demonstration that, for the most recent 12-month period as

30  reported to the agency, it has provided a minimum of 300 adult

31  inpatient and outpatient diagnostic cardiac catheterizations


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    SB 182                                         First Engrossed



 1  or, for the most recent 12-month period, has discharged or

 2  transferred at least 300 inpatients with the principal

 3  diagnosis of ischemic heart disease and that it has a

 4  formalized, written transfer agreement with a hospital that

 5  has a Level II program, including written transport protocols

 6  to ensure safe and efficient transfer of a patient within 60

 7  minutes.

 8         (c)  For a hospital seeking a Level II program,

 9  demonstration that, for the most recent 12-month period as

10  reported to the agency, it has performed a minimum of 1,100

11  adult inpatient and outpatient cardiac catheterizations, of

12  which at least 400 must be therapeutic catheterizations, or,

13  for the most recent 12-month period, has discharged at least

14  800 patients with the principal diagnosis of ischemic heart

15  disease.

16         (d)  Compliance with the most recent guidelines of the

17  American College of Cardiology and American Heart Association

18  guidelines for staffing, physician training and experience,

19  operating procedures, equipment, physical plant, and patient

20  selection criteria to ensure patient quality and safety.

21         (e)  Establishment of appropriate hours of operation

22  and protocols to ensure availability and timely referral in

23  the event of emergencies.

24         (f)  Demonstration of a plan to provide services to

25  Medicaid and charity care patients.

26         (4)  The agency shall establish a technical advisory

27  panel to develop procedures and standards for measuring

28  outcomes of interventional cardiac programs. Members of the

29  panel shall include representatives of the Florida Hospital

30  Association, the Florida Society of Thoracic and

31  Cardiovascular Surgeons, the Florida Chapter of the American


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    SB 182                                         First Engrossed



 1  College of Cardiology, and the Florida Chapter of the American

 2  Heart Association and others with experience in statistics and

 3  outcome measurement. Based on recommendations from the panel,

 4  the agency shall develop and adopt rules for the

 5  interventional cardiac programs that include at least the

 6  following:

 7         (a)  A standard data set consisting primarily of data

 8  elements reported to the agency in accordance with s. 408.061.

 9         (b)  A risk adjustment procedure that accounts for the

10  variations in severity and case mix found in hospitals in this

11  state.

12         (c)  Outcome standards specifying expected levels of

13  performance in Level I and Level II adult interventional

14  cardiology services. Such standards may include, but shall not

15  be limited to, in-hospital mortality, infection rates,

16  nonfatal myocardial infarctions, length of stay, postoperative

17  bleeds, and returns to surgery.

18         (d)  Specific steps to be taken by the agency and

19  licensed hospitals that do not meet the outcome standards

20  within specified time periods, including time periods for

21  detailed case reviews and development and implementation of

22  corrective action plans.

23         (5)  The Secretary of Health Care Administration shall

24  appoint an advisory group to study the issue of replacing

25  certificate-of-need review of organ transplant programs under

26  this chapter with licensure regulation of organ transplant

27  programs under chapter 395. The advisory group shall include

28  three representatives of organ transplant providers, one

29  representative of an organ procurement organization, one

30  representative of the Division of Health Quality Assurance,

31  one representative of Medicaid, and one organ transplant


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    SB 182                                         First Engrossed



 1  patient advocate. The advisory group shall, at minimum, make

 2  recommendations regarding access to organs, delivery of

 3  services to Medicaid and charity care patients, staff

 4  training, and resource requirements for organ transplant

 5  programs in a report due to the secretary and the Legislature

 6  by July 1, 2005.

 7         (6)  The Secretary of Health Care Administration shall

 8  appoint a workgroup to study certificate-of-need regulations

 9  and changing market conditions related to the supply and

10  distribution of hospital beds. The assessment by the workgroup

11  shall include, but not be limited to, the following:

12         (a)  The appropriateness of current certificate-of-need

13  methodologies and other criteria for evaluating proposals for

14  new hospitals and transfer of beds to new sites.

15         (b)  Additional factors that should be considered,

16  including the viability of safety net services, the extent of

17  market competition, and the accessibility of hospital

18  services.

19  

20  The workgroup shall submit a report by January 1, 2005, to the

21  secretary and the Legislature identifying specific problem

22  areas and recommending needed changes in statutes or rules.

23         Section 3.  This act shall take effect July 1, 2004.

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