Senate Bill sb2842

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    Florida Senate - 2004                                  SB 2842

    By Senator Atwater





    25-846B-04

  1                      A bill to be entitled

  2         An act relating to trauma care services;

  3         amending s. 395.40, F.S.; providing that it is

  4         the Legislature's intent that the Agency for

  5         Health Care Administration be primarily

  6         responsible for funding a statewide system of

  7         trauma care; requiring that the state trauma

  8         care plan be amended by a specified date;

  9         amending s. 395.4001, F.S.; revising terms

10         relating to trauma care services; amending s.

11         395.401, F.S.; removing the term

12         "state-approved" from the trauma care services

13         system; amending s. 395.4015, F.S.; requiring

14         the Department of Health and the agency to

15         establish trauma care regions; amending s.

16         395.402, F.S.; requiring the department and the

17         agency to consider the recommendations of

18         certain organizations when reassigning trauma

19         service areas; requiring that the trauma

20         service areas be reviewed periodically;

21         removing limitation on number of trauma centers

22         in the state; amending s. 395.4025, F.S.;

23         conforming provisions to changes made by the

24         act; amending s. 395.403, F.S.; directing that

25         each trauma center receive a one-time specified

26         appropriation in recognition of the capital

27         investment made to establish the trauma

28         service; requiring that each new trauma center

29         also receive a specified appropriation;

30         deleting provisions relating to state-sponsored

31         trauma centers; deleting provisions relating to

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 1         client eligibility, funding formulas, and

 2         claims processing; creating s. 395.4033, F.S;

 3         requiring the department to make certain

 4         payments to trauma centers; providing

 5         conditions for a certified trauma center to

 6         receive funding; creating s. 395.4036, F.S.;

 7         requiring the department to use funds from the

 8         Trauma Services Trust Fund to assure the

 9         availability and accessibility of trauma

10         services throughout this state and for startup

11         costs; requiring the department to allocate

12         funds not disbursed for trauma preparedness and

13         startup costs to trauma centers to pay for

14         uncompensated trauma care; allocating unspent

15         funds to the department's Nursing Student Loan

16         Forgiveness Program and the Nursing Scholarship

17         Program; amending s. 395.4045, F.S.; conforming

18         provisions to changes made by the act;

19         requiring the Medicaid Disproportionate Share

20         Task Force to review the disbursement of

21         Special Medicaid Payments made to trauma

22         centers to assess the effectiveness of the

23         payments to the trauma care centers; requiring

24         the task force to consider the advice and

25         suggestions of specified organizations;

26         amending s. 316.066, F.S.; directing the

27         Department of Highway Safety and Motor Vehicles

28         to collect a fee for each written report of a

29         crash filed with the department; amending s.

30         318.18, F.S.; directing the clerk of court to

31         collect a fee for each civil and criminal

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 1         violation of chapter 316, F.S.; amending s.

 2         320.0801, F.S.; directing that an additional

 3         surcharge be imposed on license registration

 4         for certain motor vehicles; amending s. 327.35,

 5         F.S.; directing that an additional surcharge be

 6         imposed on persons convicted of boating under

 7         the influence; creating s. 327.732, F.S.;

 8         directing the court to collect an additional

 9         fee for criminal and noncriminal violations of

10         chapter 327 or chapter 328, F.S.; providing

11         that all fees collected under the act be

12         deposited in the Trauma Services Trust Fund;

13         creating the driver's responsibility program;

14         directing the Department of Highway Safety and

15         Motor Vehicles to annually impose specified

16         monetary penalties against motor vehicle

17         licensees who have violated certain laws within

18         the previous 36 months; requiring the

19         department to notify licensees of the penalty

20         and the time period in which to pay the

21         penalty; requiring the department to accept

22         installment payments for the penalties;

23         directing the department to adopt rules

24         relating to installment payments; providing

25         sanctions for a licensee's failure to pay an

26         installment; allowing the department the

27         discretion to permit licensees to pay assessed

28         penalties with credit cards; authorizing the

29         department to adopt rules relating to credit

30         card payments; requiring the department to

31         suspend a driver's license if a credit card

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 1         issuer returns the account as unpayable;

 2         requiring the department to suspend a driver's

 3         license if the licensee does not pay the

 4         penalty or arrange for an installment plan

 5         within a specified time after the notice of

 6         penalty is sent; directing the department to

 7         remit all penalties to the Trauma Service Trust

 8         Fund; providing an effective date.

 9  

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

11  

12         Section 1.  Section 395.40, Florida Statutes, is

13  amended to read:

14         395.40  Legislative findings and intent.--

15         (1)  The Legislature finds that there has been a lack

16  of timely access to trauma care due to the state's fragmented

17  trauma system. This finding is based on the 1999 Trauma System

18  Report on Timely Access to Trauma Care submitted by the

19  department in response to the request of the Legislature.

20         (2)  The Legislature finds that it is necessary to plan

21  for, and to establish, and fund an inclusive trauma system to

22  meet the needs of trauma victims. An "inclusive trauma system"

23  means a system designed to meet the needs of all injured

24  trauma victims who require care in an acute-care setting and

25  into which every health care provider or facility with

26  resources to care for the injured trauma victim is

27  incorporated. The Legislature deems the benefits of trauma

28  care provided within an inclusive trauma system to be of vital

29  significance to the outcome of a trauma victim.

30         (3)  It is the intent of the Legislature to place

31  primary responsibility for the planning and establishment of a

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 1  statewide inclusive trauma system with the department and

 2  primary responsibility for funding with the agency. The

 3  department shall undertake the implementation of a statewide

 4  inclusive trauma system as funding is available.

 5         (4)  The Legislature finds that significant benefits

 6  are to be obtained by directing the coordination of activities

 7  by several state agencies, relative to access to trauma care

 8  and the provision of trauma care to all trauma victims. It is

 9  the intent of the Legislature that the department, the Agency

10  for Health Care Administration, the Board of Medicine, and the

11  Board of Nursing establish interagency teams and agreements

12  for the development of guidelines, standards, and rules for

13  those portions of the inclusive state trauma system within the

14  statutory authority of each agency. This coordinated approach

15  will provide the necessary continuum of care for the trauma

16  victim from injury to final hospital discharge. The department

17  has the leadership responsibility for this activity.

18         (5)  In addition, the agencies listed in subsection (4)

19  should undertake to:

20         (a)  Establish a coordinated methodology for

21  monitoring, evaluating, and enforcing the requirements of the

22  state's inclusive trauma system which recognizes the interests

23  of each agency.

24         (b)  Develop appropriate roles for trauma agencies, to

25  assist in furthering the operation of trauma systems at the

26  regional level. This should include issues of system

27  evaluation as well as managed care.

28         (c)  Develop and submit appropriate requests for

29  waivers of federal requirements which will facilitate the

30  delivery of trauma care.

31  

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 1         (d)  Develop criteria that will become the future basis

 2  for mandatory consultation on the care of trauma victims and

 3  mandatory transfer of appropriate trauma victims to trauma

 4  centers.

 5         (e)  Develop a coordinated approach to the care of the

 6  trauma victim. This shall include the movement of the trauma

 7  victim through the system of care and the identification of

 8  medical responsibility for each phase of care for

 9  out-of-hospital and in-hospital trauma care.

10         (f)  Require the medical director of an emergency

11  medical services provider to have medical accountability for a

12  trauma victim during interfacility transfer.

13         (6)  Furthermore, the Legislature encourages the

14  department to actively foster the provision of trauma care and

15  serve as a catalyst for improvements in the process and

16  outcome of the provision of trauma care in an inclusive trauma

17  system. Among other considerations, the department is

18  encouraged to:

19         (a)  Promote the development of at least one trauma

20  center in every trauma service area.

21         (b)  Promote the development of a trauma agency for

22  each trauma region.

23         (c)  Update the state trauma system plan by December

24  2004 2000 and at least every 5th year thereafter.

25         Section 2.  Section 395.4001, Florida Statutes, is

26  amended to read:

27         395.4001  Definitions.--As used in this part, the term:

28         (1)  "Agency" means the Agency for Health Care

29  Administration.

30         (2)  "Charity care" or "uncompensated charity care"

31  means that portion of hospital charges reported to the agency

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    Florida Senate - 2004                                  SB 2842
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 1  for which there is no compensation for care provided to a

 2  patient whose family income for the 12 months preceding the

 3  determination is less than or equal to 200 150 percent of the

 4  federal poverty level, unless the amount of hospital charges

 5  due from the patient exceeds 25 percent of the annual family

 6  income. However, in no case shall the hospital charges for a

 7  patient whose family income exceeds four times the federal

 8  poverty level for a family of four be considered charity.

 9         (3)  "Department" means the Department of Health.

10         (4)  "Interfacility trauma transfer" means the transfer

11  of a trauma victim between two facilities licensed under this

12  chapter, under pursuant to this part.

13         (5)  "Level I trauma center" means a trauma center

14  that:

15         (a)  Has formal research and education programs for the

16  enhancement of trauma care and is determined by the department

17  to be in substantial compliance with Level I trauma center and

18  pediatric trauma referral center standards.

19         (b)  Serves as a resource facility to Level II trauma

20  centers, pediatric trauma referral centers, and general

21  hospitals through shared outreach, education, and quality

22  improvement activities.

23         (c)  Participates in an inclusive system of trauma

24  care, including providing leadership, system evaluation, and

25  quality improvement activities.

26         (6)  "Level II trauma center" means a trauma center

27  that:

28         (a)  Is determined by the department to be in

29  substantial compliance with Level II trauma center standards.

30  

31  

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 1         (b)  Serves as a resource facility to general hospitals

 2  through shared outreach, education, and quality improvement

 3  activities.

 4         (c)  Participates in an inclusive system of trauma

 5  care.

 6         (7)  "Pediatric trauma referral center" means a

 7  hospital that is determined by the department to be in

 8  substantial compliance with pediatric trauma referral center

 9  standards as established by rule of the department.

10         (8)  "State-approved Trauma center" means a hospital

11  that has successfully completed the selection process pursuant

12  to s. 395.4025 and has been approved by the department to

13  operate as a trauma center in the state.

14         (9)  "State-sponsored trauma center" means a trauma

15  center or pediatric trauma referral center that receives state

16  funding for trauma care services under s. 395.403.

17         (9)(10)  "Trauma agency" means a department-approved

18  agency established and operated by one or more counties, or a

19  department-approved entity with which one or more counties

20  contract, for the purpose of administering an inclusive

21  regional trauma system.

22         (10)(11)  "Trauma alert victim" means a person who has

23  incurred a single or multisystem injury due to blunt or

24  penetrating means or burns, who requires immediate medical

25  intervention or treatment, and who meets one or more of the

26  adult or pediatric scorecard criteria established by the

27  department by rule.

28         (12)  "Trauma center" means any hospital that has been

29  determined by the department to be in substantial compliance

30  with trauma center verification standards as either

31  state-approved or provisional state-approved.

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 1         (11)(13)  "Trauma scorecard" means a statewide

 2  methodology adopted by the department by rule under which a

 3  person who has incurred a traumatic injury is graded as to the

 4  severity of his or her injuries or illness and which

 5  methodology is used as the basis for making destination

 6  decisions.

 7         (12)(14)  "Trauma transport protocol" means a document

 8  which describes the policies, processes, and procedures

 9  governing the dispatch of vehicles, the triage, prehospital

10  transport, and interfacility trauma transfer of trauma

11  victims.

12         (13)(15)  "Trauma victim" means any person who has

13  incurred a single or multisystem injury due to blunt or

14  penetrating means or burns and who requires immediate medical

15  intervention or treatment.

16         Section 3.  Section 395.401, Florida Statutes, is

17  amended to read:

18         395.401  Trauma services system plans; verification of

19  trauma centers and pediatric trauma referral centers;

20  procedures; renewal.--

21         (1)(a)  The local and regional trauma agencies shall

22  plan, implement, and evaluate trauma services systems, in

23  accordance with this section and ss. 395.4015, 395.404, and

24  395.4045, which consist of organized patterns of readiness and

25  response services based on public and private agreements and

26  operational procedures. The department shall establish, by

27  rule, processes and procedures for establishing a trauma

28  agency and obtaining its approval from the department.

29         (b)  The local and regional trauma agencies shall

30  develop and submit to the department plans for local and

31  

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 1  regional trauma services systems. The plans must include, at a

 2  minimum, the following components:

 3         1.  The organizational structure of the trauma system.

 4         2.  Prehospital care management guidelines for triage

 5  and transportation of trauma cases.

 6         3.  Flow patterns of trauma cases and transportation

 7  system design and resources, including air transportation

 8  services, provision for interfacility trauma transfer, and the

 9  prehospital transportation of trauma victims. The trauma

10  agency shall plan for the development of a system of

11  transportation of trauma alert victims to trauma centers where

12  the distance or time to a trauma center or transportation

13  resources diminish access by trauma alert victims.

14         4.  The number and location of needed state-approved

15  trauma centers based on local needs, population, and location

16  and distribution of resources.

17         5.  Data collection regarding system operation and

18  patient outcome.

19         6.  Periodic performance evaluation of the trauma

20  system and its components.

21         7.  The use of air transport services within the

22  jurisdiction of the local trauma agency.

23         8.  Public information and education about the trauma

24  system.

25         9.  Emergency medical services communication system

26  usage and dispatching.

27         10.  The coordination and integration between and among

28  trauma centers the verified trauma care facility and other the

29  nonverified health care facilities.

30         11.  Medical control and accountability.

31         12.  Quality control and system evaluation.

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 1         (c)  The department shall receive plans for the

 2  implementation of inclusive trauma systems from trauma

 3  agencies.  The department may approve or not approve trauma

 4  agency plans based on the conformance of the plan with this

 5  section and ss. 395.4015, 395.404, and 395.4045 and the rules

 6  and definitions adopted by the department under pursuant to

 7  those sections.  The department shall approve or disapprove

 8  the plans within 120 days after the date the plans are

 9  submitted to the department. The department shall, by rule,

10  provide an application process for establishing a trauma

11  agency. The application must, at a minimum, provide

12  requirements for the trauma agency plan submitted for review,

13  a process for reviewing the application for a state-approved

14  trauma agency, a process for reviewing the trauma transport

15  protocols for the trauma agency, and a process for reviewing

16  the staffing requirements for the agency. The department

17  shall, by rule, establish minimum requirements for a trauma

18  agency to conduct an annual performance evaluation and submit

19  the results to the department.

20         (d)  A trauma agency shall not operate unless the

21  department has approved the local or regional trauma services

22  system plan of the agency.

23         (e)  The department may grant an exception to a portion

24  of the rules adopted under pursuant to this section or s.

25  395.4015 if the local or regional trauma agency proves that,

26  as defined in the rules, compliance with that requirement

27  would not be in the best interest of the persons served within

28  the affected local or regional trauma area.

29         (f)  A local or regional trauma agency may implement a

30  trauma care system only if the system meets the minimum

31  standards set forth in the rules for implementation

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 1  established by the department and if the plan has been

 2  submitted to, and approved by, the department.  At least 60

 3  days before the local or regional trauma agency submits the

 4  plan for the trauma care system to the department, the local

 5  or regional trauma agency shall hold a public hearing and give

 6  adequate notice of the public hearing to all hospitals and

 7  other interested parties in the area to be included in the

 8  proposed system.

 9         (g)  Local or regional trauma agencies may enter into

10  contracts for the purpose of implementing the local or

11  regional plan.  If local or regional agencies contract with

12  hospitals for trauma services, such agencies must contract

13  only with hospitals which are verified trauma centers.

14         (h)  Local or regional trauma agencies providing

15  service for more than one county shall, as part of their

16  formation, establish interlocal agreements between or among

17  the several counties in the regional system.

18         (i)  This section does not restrict the authority of a

19  health care facility to provide service for which it has

20  received a license under pursuant to this chapter.

21         (j)  Any hospital which is verified as A trauma center

22  shall accept all trauma victims that are appropriate for the

23  facility regardless of race, sex, creed, or ability to pay.

24         (k)  It is unlawful for any hospital or other facility

25  to hold itself out as a trauma center unless it has been so

26  verified.

27         (l)  A county, upon the recommendations of the local or

28  regional trauma agency, may adopt ordinances governing the

29  transport of a patient who is receiving care in the field from

30  prehospital emergency medical personnel when the patient meets

31  specific criteria for trauma, burn, or pediatric centers

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 1  adopted by the local or regional trauma agency.  These

 2  ordinances must be consistent with s. 395.4045, ordinances

 3  adopted under s. 401.25(6), and the local or regional trauma

 4  system plan and, to the furthest possible extent, must ensure

 5  that individual patients receive appropriate medical care

 6  while protecting the interests of the community at large by

 7  making maximum use of available emergency medical care

 8  resources.

 9         (m)  The local or regional trauma agency shall,

10  consistent with the regional trauma system plan, coordinate

11  and otherwise facilitate arrangements necessary to develop a

12  trauma services system.

13         (n)  After the submission of the initial trauma system

14  plan, each trauma agency shall, every 5th year, submit to the

15  department for approval an updated plan that identifies the

16  changes, if any, to be made in the regional trauma system.

17         (o)  This section does not preclude a local or regional

18  trauma agency from adopting trauma care system standards.

19         Section 4.  Subsections (1) and (2) of section

20  395.4015, Florida Statutes, are amended to read:

21         395.4015  State regional trauma planning; trauma

22  regions.--

23         (1)  The department, in conjunction with the agency,

24  shall establish a state trauma system plan. As part of the

25  state trauma system plan, the department and the agency shall

26  establish trauma regions that which cover all geographical

27  areas of the state.  These regions may serve as the basis for

28  the development of department-approved local or regional

29  trauma plans.  The department and the agency shall base their

30  its definition of the regions upon:

31  

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 1         (a)  Geographical considerations so as to ensure rapid

 2  access to trauma care by patients;

 3         (b)  Historical patterns of patient referral and

 4  transfer in an area;

 5         (c)  Inventories of available trauma care resources;

 6         (d)  Predicted population growth characteristics;

 7         (e)  Transportation capabilities, including ground and

 8  air transport;

 9         (f)  Medically appropriate ground and air travel times;

10  and

11         (g)  Other appropriate criteria.

12         (2)  The department shall develop trauma systems plans

13  for the agency and department-defined trauma regions which

14  include at a minimum the following components:

15         (a)  An assessment of current and future trauma care

16  needs of the population, based upon incidence rates and acuity

17  indicators developed by the department and the agency, as well

18  as other relevant characteristics of the region.

19         (b)  The organizational structure of the regional

20  trauma system, including the identification of local trauma

21  agency service areas within the region.

22         (c)  Prehospital care management guidelines for triage

23  and transportation of trauma cases.

24         (d)  Flow patterns of trauma cases and transportation

25  system design and resources, including air transportation

26  services, provision for interfacility trauma transfer, and the

27  prehospital transportation of trauma victims. The department

28  shall plan for the development of a system of transportation

29  of trauma alert victims to trauma centers where the distance

30  or time to a trauma center or transportation resources

31  diminish access by trauma alert victims.

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 1         (e)  The current and projected number, acuity level,

 2  and geographic location of trauma cases expected so as to

 3  assure that the assessed current and future trauma care needs

 4  of the population are adequately met and that state-sponsored

 5  trauma centers will maintain the volume of cases sufficient to

 6  provide quality care to trauma cases referred to them.

 7         (f)  The availability of qualified health

 8  professionals, including physicians and surgeons, capable of

 9  staffing trauma centers to the level of current and future

10  assessed needs.

11         (g)  Data collection regarding system operation and

12  patient outcome, as well as the number, type, and generalized

13  locations of state-sponsored trauma centers needed to meet the

14  needs of the population.

15         (h)  Periodic performance evaluation of the trauma

16  system and its components.

17         (i)  The type and extent of air transport services

18  available and needed in each region.

19         (j)  Public information and education about the trauma

20  system.

21         (k)  Emergency medical services communication system

22  usage and dispatching.

23         (l)  The coordination and integration between the

24  trauma centers and other health care facilities which may

25  provide services to trauma victims.

26         (m)  Medical control and accountability.

27         (n)  Quality management and system evaluation.

28         Section 5.  Section 395.402, Florida Statutes, is

29  amended to read:

30         395.402  Trauma service areas; number and location of

31  trauma centers.--

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 1         (1)  The Legislature recognizes that Level I and Level

 2  II trauma centers should each be capable of annually treating

 3  a minimum of 1,000 and 500 patients, respectively, with an

 4  injury severity score (ISS) of 9 or greater. Further, the

 5  Legislature finds that, based on the numbers and locations of

 6  trauma victims with these injury severity scores, there should

 7  be 19 trauma service areas should be established in the state,

 8  and, at a minimum, there should be at least one trauma center

 9  in each service area.

10         (2)  It is the intent of the Legislature that, as a

11  planning guideline, Level I and Level II trauma centers should

12  generally each provide care annually to a minimum of 1,000 and

13  500 patients, respectively.  Level II trauma centers in

14  counties of more than 500,000 population are expected to be

15  able to care for 1,000 patients per year, as a planning

16  guideline.

17         (3)  Trauma service areas are to be used. The

18  department shall periodically review the assignment of the 67

19  counties to trauma service areas. These assignments are made

20  for the purpose of developing a system of trauma centers.

21  Revisions made by the department should take into

22  consideration the recommendations made as part of the regional

23  trauma system plans approved by the department, as well as the

24  recommendations made as part of the state trauma system plan,

25  and the recommendations made by the Alliance and the Committee

26  on Trauma. These areas must, at a minimum, be reviewed in the

27  year 2004 2000 and every 5 years thereafter. Until the

28  department completes its initial review, the assignment of

29  counties shall remain as established under pursuant to chapter

30  90-284, Laws of Florida.

31  

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 1         (a)  The following trauma service areas are hereby

 2  established:

 3         1.  Trauma service area 1 shall consist of Escambia,

 4  Okaloosa, Santa Rosa, and Walton Counties.

 5         2.  Trauma service area 2 shall consist of Bay, Gulf,

 6  Holmes, and Washington Counties.

 7         3.  Trauma service area 3 shall consist of Calhoun,

 8  Franklin, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison,

 9  Taylor, and Wakulla Counties.

10         4.  Trauma service area 4 shall consist of Alachua,

11  Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette,

12  Levy, Putnam, Suwannee, and Union Counties.

13         5.  Trauma service area 5 shall consist of Baker, Clay,

14  Duval, Nassau, and St. Johns Counties.

15         6.  Trauma service area 6 shall consist of Citrus,

16  Hernando, and Marion Counties.

17         7.  Trauma service area 7 shall consist of Flagler and

18  Volusia Counties.

19         8.  Trauma service area 8 shall consist of Lake,

20  Orange, Osceola, Seminole, and Sumter Counties.

21         9.  Trauma service area 9 shall consist of Pasco and

22  Pinellas Counties.

23         10.  Trauma service area 10 shall consist of

24  Hillsborough County.

25         11.  Trauma service area 11 shall consist of Hardee,

26  Highlands, and Polk Counties.

27         12.  Trauma service area 12 shall consist of Brevard

28  and Indian River Counties.

29         13.  Trauma service area 13 shall consist of DeSoto,

30  Manatee, and Sarasota Counties.

31  

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 1         14.  Trauma service area 14 shall consist of Martin,

 2  Okeechobee, and St. Lucie Counties.

 3         15.  Trauma service area 15 shall consist of Charlotte,

 4  Glades, Hendry, and Lee Counties.

 5         16.  Trauma service area 16 shall consist of Palm Beach

 6  County.

 7         17.  Trauma service area 17 shall consist of Collier

 8  County.

 9         18.  Trauma service area 18 shall consist of Broward

10  County.

11         19.  Trauma service area 19 shall consist of Dade and

12  Monroe Counties.

13         (b)  Each trauma service area should have at least one

14  Level I or Level II trauma center. The department shall

15  allocate, by rule, the number of trauma centers needed for

16  each trauma service area.

17         (c)  There shall be no more than a total of 44

18  state-sponsored trauma centers in the state.

19         Section 6.  Section 395.4025, Florida Statutes, is

20  amended to read:

21         395.4025  State-approved Trauma centers; selection;

22  quality assurance; records.--

23         (1)  For purposes of developing a system of

24  state-approved trauma centers, the department shall use the 19

25  trauma service areas established in s. 395.402. Within each

26  service area and based on the state trauma system plan, the

27  local or regional trauma services system plan, and

28  recommendations of the local or regional trauma agency, and

29  the 1990 Report and Proposal for Funding State-Sponsored

30  Trauma Centers, the department shall establish the approximate

31  number of state-approved trauma centers needed to ensure

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 1  reasonable access to high-quality trauma services. Using the

 2  guidelines and procedures outlined in the 1990 report, except

 3  when in conflict with those prescribed in this section, the

 4  department shall select those hospitals that are to be

 5  recognized as state-approved trauma centers and shall include

 6  all trauma centers verified as of October 1, 1990, and

 7  subsequently, subject to specific programmatic and quality of

 8  care standards.

 9         (2)(a)  The department shall annually notify each acute

10  care general hospital and each local and each regional trauma

11  agency in the state that the department is accepting letters

12  of intent from hospitals that are interested in becoming

13  state-approved trauma centers. In order to be considered by

14  the department, a hospital that operates within the geographic

15  area of a local or regional trauma agency must certify that

16  its intent to operate as a state-approved trauma center is

17  consistent with the trauma services plan of the local or

18  regional trauma agency, as approved by the department, if the

19  such agency exists. Letters of intent must be postmarked no

20  later than midnight October 1. This paragraph does not apply

21  to any hospital that is a provisional or verified trauma

22  center on January 1, 1992.

23         (b)  By October 15, the department shall send to all

24  hospitals that submitted a letter of intent an application

25  package that will provide the hospitals with instructions for

26  submitting information to the department for selection as a

27  state-approved trauma center. The standards for verification

28  of trauma centers and pediatric trauma referral centers

29  provided for in s. 395.401(2), as adopted by rule of the

30  department, shall serve as the basis for these instructions.

31  

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 1         (c)  In order to be considered by the department,

 2  applications from those hospitals seeking selection as

 3  state-approved trauma centers, including those current

 4  verified trauma centers that seek to be state-approved trauma

 5  centers, must be received by the department no later than the

 6  close of business on April 1. The department shall conduct a

 7  provisional review of each application for the purpose of

 8  determining that the hospital's application is complete and

 9  that the hospital has the critical elements required for a

10  state-approved trauma center. This critical review will be

11  based on trauma center verification standards and shall

12  include, but not be limited to, a review of whether the

13  hospital has:

14         1.  Equipment and physical facilities necessary to

15  provide trauma services.

16         2.  Personnel in sufficient numbers and with proper

17  qualifications to provide trauma services.

18         3.  An effective quality assurance process.

19         4.  Submitted written confirmation by the local or

20  regional trauma agency that the verification of the hospital

21  as a state-approved trauma center is consistent with the plan

22  of the local or regional trauma agency, as approved by the

23  department, if such agency exists. This subparagraph applies

24  to any hospital that is not a provisional or verified trauma

25  center on January 1, 1992.

26         (d)1.  Notwithstanding other provisions in this

27  section, the department may grant up to an additional 18

28  months to a hospital applicant that is unable to meet all

29  requirements as provided in paragraph (c) at the time of

30  application if the number of applicants in the service area in

31  which the applicant is located is equal to or less than the

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 1  service area allocation, as provided by rule of the

 2  department. An applicant that is granted additional time under

 3  pursuant to this paragraph shall submit a plan for

 4  departmental approval which includes timelines and activities

 5  that the applicant proposes to complete in order to meet

 6  application requirements. Any applicant that demonstrates an

 7  ongoing effort to complete the activities within the timelines

 8  outlined in the plan shall be included in the number of

 9  state-approved trauma centers at such time that the department

10  has conducted a provisional review of the application and has

11  determined that the application is complete and that the

12  hospital has the critical elements required for a

13  state-approved trauma center.

14         2.  Timeframes provided in subsections (1)-(8) shall be

15  stayed until the department determines that the application is

16  complete and that the hospital has the critical elements

17  required for a state-approved trauma center.

18         (3)  After April 30, any hospital that submitted an

19  application found acceptable by the department based on

20  provisional review, including all trauma centers verified as

21  of December 1, 1989, shall be eligible to operate as a

22  provisional state-approved trauma center.

23         (4)  Between May 1 and October 1 of each year, the

24  department shall conduct an in-depth evaluation of all

25  applications found acceptable in the provisional review. The

26  applications shall be evaluated against criteria enumerated in

27  the application packages as provided to the hospitals by the

28  department.

29         (5)  Beginning October 1 of each year and ending no

30  later than June 1 of the following year, a review team of

31  out-of-state experts assembled by the department shall make

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 1  onsite visits to all provisional state-approved trauma

 2  centers. The department shall develop a survey instrument to

 3  be used by the expert team of reviewers. The instrument shall

 4  include objective criteria and guidelines for reviewers based

 5  on existing trauma center and pediatric trauma referral center

 6  verification standards such that all trauma centers and

 7  pediatric trauma referral centers are assessed equally. The

 8  survey instrument shall also include a uniform rating system

 9  that will be used by reviewers to indicate the degree of

10  compliance of each center with specific standards, and to

11  indicate the quality of care provided by each center as

12  determined through an audit of patient charts. In addition,

13  hospitals being considered as provisional state-approved

14  trauma centers shall meet all the requirements of a verified

15  trauma center or pediatric trauma referral center, and shall

16  be located in a trauma service area that has a need for such a

17  center.

18         (6)  Based on recommendations from the review team, the

19  department shall select state-approved trauma centers by July

20  1. An applicant for designation as a state-approved trauma

21  center or a state-approved pediatric trauma referral center

22  may request an extension of its provisional status if it

23  submits a corrective action plan to the department. The

24  corrective action plan must demonstrate the ability of the

25  applicant to correct deficiencies noted during the applicant's

26  onsite review conducted by the department between the previous

27  October 1 and June 1. The department may extend the

28  provisional status of an applicant for designation as a

29  state-approved trauma center or a state-approved pediatric

30  trauma referral center through December 31 if the applicant

31  provides a corrective action plan acceptable to the

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 1  department. The department or a team of out-of-state experts

 2  assembled by the department shall conduct an onsite visit on

 3  or before November 1 to confirm that the deficiencies have

 4  been corrected. The provisional state-approved trauma center

 5  or the provisional state-approved pediatric trauma referral

 6  center is responsible for all costs associated with the onsite

 7  visit in a manner prescribed by rule of the department. By

 8  January 1, the department must approve or deny the application

 9  of any provisional applicant granted an extension. Each

10  state-approved trauma center shall be granted a 7-year

11  verification period during which time it must continue to

12  maintain trauma center verification standards and acceptable

13  patient outcomes as determined by department rule. A

14  verification, unless sooner suspended or revoked,

15  automatically expires 7 years after the date of issuance and

16  is renewable upon application for renewal as prescribed by

17  rule of the department. After July 1, 1992, only those

18  hospitals selected as state-approved trauma centers may

19  operate as trauma centers.

20         (7)  Any hospital that wishes to protest a decision

21  made by the department based on the department's preliminary

22  or in-depth review of applications or on the recommendations

23  of the site visit review team pursuant to this section shall

24  proceed as provided in chapter 120. Hearings held under this

25  subsection shall be conducted in the same manner as provided

26  in ss. 120.569 and 120.57. Cases filed under chapter 120 may

27  combine all disputes between parties.

28         (8)  Notwithstanding any provision of chapter 381, a

29  hospital licensed under ss. 395.001-395.3025 that operates a

30  state-approved trauma center may not terminate or

31  substantially reduce the availability of trauma service

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 1  without providing at least a 7-month 6 months' notice of its

 2  intent to terminate the such service. The Such notice shall be

 3  given to the Department of Health, to all affected local or

 4  regional trauma agencies, and to all state-approved trauma

 5  centers, hospitals, and emergency medical service providers in

 6  the trauma service area.

 7         (9)  Except as otherwise provided in this subsection,

 8  the department or its agent may collect trauma care and

 9  registry data, as prescribed by rule of the department, from

10  trauma centers, pediatric trauma referral centers, hospitals,

11  emergency medical service providers, local or regional trauma

12  agencies, or medical examiners for the purposes of evaluating

13  trauma system effectiveness, ensuring compliance with the

14  standards of verification, and monitoring patient outcomes. A

15  trauma center, pediatric trauma referral center, hospital,

16  emergency medical service provider, medical examiner, or local

17  trauma agency or regional trauma agency, or a panel or

18  committee assembled by such an agency under s. 395.50(1) may,

19  but is not required to, disclose to the department patient

20  care quality assurance proceedings, records, or reports.

21  However, the department may require a local trauma agency or a

22  regional trauma agency, or a panel or committee assembled by

23  such an agency to disclose to the department patient care

24  quality assurance proceedings, records, or reports that the

25  department needs solely to conduct quality assurance

26  activities under s. 395.4015, or to ensure compliance with the

27  quality assurance component of the trauma agency's plan

28  approved under s. 395.401. The patient care quality assurance

29  proceedings, records, or reports that the department may

30  require for these purposes include, but are not limited to,

31  the structure, processes, and procedures of the agency's

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 1  quality assurance activities, and any recommendation for

 2  improving or modifying the overall trauma system, if the

 3  identity of a trauma center, pediatric trauma referral center,

 4  hospital, emergency medical service provider, medical

 5  examiner, or an individual who provides trauma services is not

 6  disclosed.

 7         (10)  Out-of-state experts assembled by the department

 8  to conduct onsite visits are agents of the department for the

 9  purposes of s. 395.3025. An out-of-state expert who acts as an

10  agent of the department under this subsection is not liable

11  for any civil damages as a result of actions taken by him or

12  her, unless he or she is found to be operating outside the

13  scope of the authority and responsibility assigned by the

14  department.

15         (11)  Onsite visits by the department or its agent may

16  be conducted at any reasonable time and may include but not be

17  limited to a review of records in the possession of trauma

18  centers, pediatric trauma referral centers, hospitals,

19  emergency medical service providers, local or regional trauma

20  agencies, or medical examiners regarding the care, transport,

21  treatment, or examination of trauma patients.

22         (12)  Patient care, transport, or treatment records or

23  reports, or patient care quality assurance proceedings,

24  records, or reports obtained or made under pursuant to this

25  section, s. 395.3025(4)(f), s. 395.401, s. 395.4015, s.

26  395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.

27  395.50, or s. 395.51 must be held confidential by the

28  department or its agent and are exempt from the provisions of

29  s. 119.07(1). Patient care quality assurance proceedings,

30  records, or reports obtained or made under pursuant to these

31  

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 1  sections are not subject to discovery or introduction into

 2  evidence in any civil or administrative action.

 3         (13)  The department may adopt, by rule, the procedures

 4  and process by which it will select state-approved trauma

 5  centers. The Such procedures and process must be used in

 6  annually selecting state-approved trauma centers and must be

 7  consistent with subsections (1)-(8) except in those situations

 8  in which it is in the best interest of, and mutually agreed to

 9  by, all applicants within a service area and the department to

10  reduce the timeframes.

11         Section 7.  Section 395.403, Florida Statutes, is

12  amended to read:

13         395.403  Reimbursement of state-sponsored trauma

14  centers.--

15         (1)  The Legislature finds that trauma centers many

16  hospitals which provide services to trauma victims are not

17  adequately compensated for trauma care and such treatment. The

18  Legislature also recognizes that the current verified trauma

19  centers are providing such services without adequate

20  reimbursement.  Therefore, it is the intent of the Legislature

21  to provide financial support to the current verified trauma

22  centers and to establish a system of state-sponsored trauma

23  centers as soon as feasibly possible.  It is also the intent

24  of the Legislature that this system of state-sponsored trauma

25  centers be assisted financially based on the volume and acuity

26  of uncompensated trauma care provided.

27         (2)  Each trauma center shall receive, on July 1, 2004,

28  a one-time appropriation of $1 million in recognition of the

29  capital investment made by the hospital to establish the

30  trauma service. Each new trauma center approved by the

31  department after July 1, 2004, shall also receive the $1

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 1  million appropriation. All provisional and state-approved

 2  trauma centers shall be considered state-sponsored trauma

 3  centers when state funds are specifically appropriated for

 4  state-sponsored trauma centers in the General Appropriations

 5  Act.

 6         (3)  To receive state funding, a state-sponsored trauma

 7  center shall submit a claim electronically via the Trauma

 8  Claims Processing System, designed, developed, implemented,

 9  and operated by the department's Medicaid program, to the

10  department's Medicaid program upon discharge of a trauma

11  patient.  When a hospital stay spans a state fiscal year, a

12  separate hospital claim shall be submitted for the hospital

13  days incurred in each fiscal year.

14         (4)(a)  State-sponsored trauma centers shall determine

15  each trauma patient's eligibility for state funding prior to

16  the submission of a claim.

17         (b)  A trauma patient treated must meet the definition

18  of charity care, have been designated as having an ISS score

19  of 9 or greater, and have received services that are medically

20  necessary from a state-sponsored trauma center in order for

21  the state-sponsored trauma center to receive state funding for

22  that patient.

23         (c)  Each state-sponsored trauma center shall retain

24  appropriate documentation showing a trauma patient's

25  eligibility for state funding. Documentation recognized by the

26  department as appropriate shall be limited to one of the

27  following:

28         1.  W-2 withholding forms.

29         2.  Payroll stubs.

30         3.  Income tax returns.

31  

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 1         4.  Forms approving or denying unemployment

 2  compensation or workers' compensation.

 3         5.  Written verification of wages from employer.

 4         6.  Written verification from public welfare agencies

 5  or any other governmental agency which can attest to the

 6  patient's income status for the past 12 months.

 7         7.  A witnessed statement signed by the patient or

 8  responsible party, as provided for in Pub. L. No. 79-725, as

 9  amended, known as the Hill-Burton Act, except that such

10  statement need not be obtained within 48 hours of the

11  patient's admission to the hospital as required by the

12  Hill-Burton Act.  The statement shall include acknowledgment

13  that, in accordance with s. 817.50, providing false

14  information to defraud a hospital for the purposes of

15  obtaining goods or services is a misdemeanor of the second

16  degree.

17         (d)  The department shall conduct an audit or shall

18  contract with an independent party to conduct an audit of each

19  state-sponsored trauma center's claims to ensure that state

20  funding was only provided for eligible trauma patients and

21  medically necessary services.

22         (e)  The department's Medicaid program office shall

23  check each claim to confirm that the patient is not covered

24  under the Medicaid program and shall pay the claim out of the

25  Trauma Services Trust Fund.  Trauma patients who are eligible

26  for the Medicaid program shall not be considered eligible for

27  the state-sponsored trauma center program except for Medicaid

28  noncovered services.  If a claim is denied by the Trauma

29  Claims Processing System as a result of Medicaid eligibility

30  for Medicaid covered services, the hospital shall submit a

31  claim to the Medicaid fiscal agent for payment.

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 1         (5)  State funding shall be at a per diem rate equal to

 2  $860 to provisional state-approved and state-approved trauma

 3  centers.  This rate shall be effective for the first 12 months

 4  of funding, after which time payment to provisional

 5  state-approved and state-approved trauma centers shall be

 6  based on a trauma cost-based reimbursement methodology

 7  developed by the department. The department shall consult with

 8  representatives from the hospital industry including the

 9  Florida Hospital Association, the Association of Voluntary

10  Hospitals of Florida, and the Florida League of Hospitals in

11  the development of the reimbursement methodology.

12         (6)(a)  To ensure a fair distribution of funds

13  appropriated for state-sponsored trauma centers and to ensure

14  that no state-sponsored trauma center gains an unfair

15  advantage due solely to its ability to bill more quickly than

16  another state-sponsored trauma center, the total amount of

17  state funds appropriated in the General Appropriations Act for

18  this section shall be divided into 19 trauma fund accounts

19  with an account for each service area established in s.

20  395.402(3).  The amount of funds distributed to a service area

21  shall be based on the following formula:

22  

23  

24              SAAA =   SATD   x TA

25                       TTD

26  where:

27         SAAA = service area appropriation amount.

28         SATD = uncompensated service area trauma days with ISS

29  score of 9 or greater.

30         TTD = uncompensated total trauma days with ISS score of

31  9 or greater for all 19 service areas.

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 1         TA = total dollars appropriated for state-sponsored

 2  trauma centers.

 3         (b)  The database to be used for this calculation shall

 4  be the detailed patient discharge data of the most recently

 5  completed calendar year for which the board possesses data.

 6  Out-of-state days that are included in the database shall be

 7  allocated to the service area where the treating hospital is

 8  located.

 9         (c)  Fifty percent of the funds allocated to those

10  service areas which had one or more trauma centers as of

11  December 1, 1989, shall be distributed to those verified

12  trauma centers proportionately based on volume and acuity of

13  uncompensated trauma care provided during the most recently

14  completed calendar year for which the board possesses data in

15  a lump-sum payment on the date funding becomes available.

16  These trauma centers shall submit claims pursuant to

17  subsection (3) in order to justify this funding. Effective 9

18  months after funding becomes available, any trauma center

19  which fails to submit claims for reimbursement equal to or

20  greater than the amount the trauma center received under the

21  initial allocation shall return any unearned funds to the

22  department for distribution pursuant to paragraph (e).  Once

23  this 50-percent lump sum is depleted, a trauma center will be

24  reimbursed from the remaining 50 percent of the service area's

25  original allocation.

26         (d)  The department shall pay trauma claims on a

27  monthly basis.  In a given month when the outstanding claims

28  will exceed the unexpended funds allocated to a service area,

29  the department shall pay all of the submitted claims for the

30  service area on a pro rata basis.

31  

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 1         (e)  At the end of the fiscal year, the unexpended

 2  funds for each service area shall be placed in one large state

 3  trauma account from which all remaining claims are paid

 4  without regard to service area on a pro rata basis until such

 5  funds are depleted.

 6         (f)  For any state fiscal year, reimbursement for any

 7  patient residing outside the trauma service area of the

 8  state-sponsored trauma center where the patient is treated

 9  shall be paid out of the funds allocated for the trauma

10  service area where the patient resides.  Out-of-state days

11  shall be paid from the service area where the treating

12  hospital is located.

13         (3)(7)  In order to receive payments under this

14  section, a hospital shall be a state-sponsored trauma center

15  and shall:

16         (a)  Agree to conform to all departmental requirements

17  as provided by rule to assure high-quality trauma services.

18         (b)  Agree to provide information concerning the

19  provision of trauma services to the department, in a form and

20  manner prescribed by rule of the department.

21         (c)  Agree to accept all trauma patients, regardless of

22  ability to pay, on a functional space-available basis.

23         (4)(8)  A state-sponsored trauma center that which

24  fails to comply with any of the conditions listed in

25  subsection (3) (7) or the applicable rules of the department

26  shall not receive payments under this section for the period

27  in which it was not in compliance.

28         Section 8.  Section 395.4033, Florida Statutes, is

29  created to read:

30         395.4033  Payments to trauma centers.--It is the intent

31  of the Legislature to provide financial support to certified

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 1  trauma centers in order for the centers to meet minimum

 2  standards of trauma readiness and to create incentives for new

 3  trauma centers to become a part of the system of trauma

 4  centers. In compliance with this intent, the Department of

 5  Health shall make annual payments from the Trauma Services

 6  Trust Fund to the trauma centers. The payments shall be in

 7  equal amounts to all trauma centers in order for the centers

 8  to meet minimum standards of trauma readiness. Each existing

 9  trauma center and each center established after July 1, 2004,

10  may also receive a one-time payment in recognition of the

11  center's startup costs.

12         Section 9.  Section 395.4036, Florida Statutes, is

13  created to read:

14         395.4036  Trauma preparedness payments.--

15         (1)  Recognizing the Legislature's stated intent to

16  provide financial support to current verified trauma centers,

17  and to provide incentives to establish additional trauma

18  centers in the trauma center network, the department shall use

19  funds from the Trauma Services Trust Fund to assure the

20  availability and accessibility of trauma services throughout

21  this state. The department, in conjunction with the agency,

22  shall maximize resources for trauma services whenever

23  possible. Payment shall be equal to all trauma centers

24  operating on July 1, 2004, in order for those trauma centers

25  to meet the minimum standards for trauma preparedness. Each

26  operating and new trauma center shall receive a one-time

27  payment to recognize the trauma center's startup costs.

28         (2)  The department shall allocate funds not disbursed

29  for trauma preparedness and startup costs to trauma centers to

30  pay for uncompensated trauma care. Distribution of funds to

31  each trauma center shall be in proportion to the amount of

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 1  uncompensated care provided by a trauma center to the amount

 2  of uncompensated care provided in the state, as indicated in

 3  the most recent year for which data is available.

 4         (3)  Funds not disbursed for trauma preparedness,

 5  startup costs, or uncompensated trauma care, shall be

 6  deposited into the Nursing Student Forgiveness Trust Fund to

 7  be used equally for the department's Nursing Student Loan

 8  Forgiveness Program and the Nursing Scholarship Program.

 9         Section 10.  Subsection (1) of section 395.4045,

10  Florida Statutes, is amended to read:

11         395.4045  Emergency medical service providers; trauma

12  transport protocols; transport of trauma alert victims to

13  trauma centers; interfacility transfer.--

14         (1)  Each emergency medical services provider licensed

15  under chapter 401 shall transport trauma alert victims to

16  hospitals approved as trauma centers, except as may be

17  provided for either in the department-approved trauma

18  transport protocol of the trauma agency for the geographical

19  area in which the emergency medical services licensee provides

20  services or, if no such department-approved trauma transport

21  protocol is in effect, as provided for in a

22  department-approved provider's trauma transport protocol.

23         Section 11.  The Medicaid Disproportionate Share Task

24  Force, created by section 150 of chapter 2003-397, Laws of

25  Florida, shall review the disbursement of Special Medicaid

26  Payments made to trauma centers and assess the effectiveness

27  of the payments in assuring access to trauma care for all

28  persons in this state and protecting the financial viability

29  of the trauma centers. In conducting this assessment, the task

30  force shall consider the advice and suggestions of the

31  

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 1  Committee on Trauma, the Department of Health Trauma System

 2  Implementation Committee, and other interested parties.

 3         Section 12.  Subsection (7) is added to section

 4  316.066, Florida Statutes, to read:

 5         316.066  Written reports of crashes.--

 6         (7)  The department shall collect $5 from each driver

 7  filing a written report of a crash as required by this

 8  section. The fees collected under this subsection shall be

 9  deposited in the Trauma Services Trust Fund.

10         Section 13.  Subsection (13) is added to section

11  318.18, Florida Statutes, to read:

12         318.18  Amount of civil penalties.--The penalties

13  required for a noncriminal disposition pursuant to s. 318.14

14  are as follows:

15         (13)  Notwithstanding any law to the contrary, the

16  clerk of the court shall collect an additional $3 for each

17  civil violation of chapter 316; $6 for each offense

18  specifically enumerated in s. 318.17; and $9 for any other

19  offense in chapter 316 which is classified as a criminal

20  violation. The fees collected under this subsection shall be

21  deposited in the Trauma Services Trust Fund.

22         Section 14.  Subsection (3) is added to section

23  320.0801, Florida Statutes, to read:

24         320.0801  Additional license tax on certain vehicles.--

25         (3)  In addition to the license taxes imposed by s.

26  320.08 and in subsection (1), there is imposed an additional

27  surcharge of $3 for the operation of a motor vehicle as

28  defined in s. 320.01(1), a mobile home as defined in s.

29  320.01(2), and a moped as defined in s. 316.003(77), which tax

30  shall be paid to the department or its agent upon the

31  registration or renewal of registration of the vehicle.

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 1  Notwithstanding any law to the contrary, the revenues

 2  collected from the tax imposed in this subsection shall be

 3  deposited in the Trauma Services Trust Fund.

 4         Section 15.  Subsection (11) is added to section

 5  327.35, Florida Statutes, to read:

 6         327.35  Boating under the influence; penalties;

 7  "designated drivers".--

 8         (11)  Notwithstanding any other provision of this

 9  section, for any person convicted of a violation of subsection

10  (1), in addition to the fines set forth in subsections (2) and

11  (4), an additional fine of $50 shall be assessed and collected

12  in the same manner as the fines set forth in subsections (2)

13  and (4). All fines collected under this subsection shall be

14  deposited into the Trauma Services Trust Fund and used for the

15  purposes set forth in s. 395.4035, after 5 percent is deducted

16  therefrom by the clerk of the court for administrative costs.

17         Section 16.  Section 327.732, Florida Statutes, is

18  created to read:

19         327.732  Trauma services.--Notwithstanding any law to

20  the contrary, the court shall impose an additional $25 for

21  each noncriminal infraction of this chapter or chapter 328 and

22  $50 for each criminal infraction of this chapter or chapter

23  328. The fees collected under this section shall be deposited

24  in the Trauma Services Trust Fund.

25         Section 17.  Driver's responsibility program.--

26         (1)  ANNUAL PENALTIES.--In addition to any other

27  penalty authorized by law, the Department of Highway Safety

28  and Motor Vehicles shall impose an annual monetary penalty

29  against each person who:

30         (a)  Accumulates six or more points under section

31  322.27(3), Florida Statutes, for violations of motor vehicle

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 1  laws or ordinances, or applicable provisions of section

 2  403.413(6)(b), Florida Statutes, during the preceding 36-month

 3  period. The penalty assessed shall be $100 for the first six

 4  points the licensee accumulates and $25 for each point

 5  accumulated in excess of six points. The department shall

 6  notify the licensee by first-class mail at the licensee's most

 7  recent address on file with the department of the assessment

 8  of the fifth point on the license.

 9         (b)  Is convicted of an offense relating to driving

10  under the influence under section 316.193, Florida Statutes,

11  during the preceding 36-month period. The penalty assessed

12  shall be $1,000 for the first conviction or $1,500 for a

13  second or subsequent conviction, except that the penalty shall

14  be $2,000 for the first or a subsequent conviction if the

15  licensee's blood-alcohol, urine-alcohol, or breath-alcohol

16  level is 0.20 or higher.

17         (c)  Is convicted of a violation of section 324.021,

18  Florida Statutes, during the preceding 36-month period. The

19  penalty assessed shall be $250 for one or more convictions

20  during the previous 36 months.

21         (d)  Is convicted of a violation of section 322.03,

22  Florida Statutes, during the preceding 36-month period. The

23  penalty assessed shall be $100 for one or more convictions

24  during the previous 36 months.

25         (2)  NOTICE OF PENALTY.--The department shall notify

26  the licensee of the assessment of a penalty by first-class

27  mail sent to the licensee's most recent address documented in

28  the department's records. The notice must specify the date by

29  which the penalty must be paid and describe the consequences

30  if the licensee fails to timely pay the penalty.

31  

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 1         (3)  INSTALLMENT PAYMENT OF PENALTY.--The department

 2  shall adopt by rule procedures to permit the licensee to pay

 3  the penalty in installments. A licensee may not pay a penalty

 4  total of less than $2,300 over a period of more than 12

 5  consecutive months or a penalty total of $2,300 or more over a

 6  period of more than 24 consecutive months. If the licensee is

 7  paying by installment and fails to pay an installment payment,

 8  the department may declare the full amount of the unpaid

 9  penalty immediately due and payable.

10         (4)  CREDIT CARD PAYMENT OF PENALTY.--The department

11  may adopt by rule procedures to permit the licensee to pay the

12  penalty by credit card. The licensee must pay all costs

13  incurred by the department which are associated with the

14  acceptance of a credit card payment. If the penalty or related

15  credit card costs are returned as unpayable to the department

16  by the credit card issuer, the department shall immediately

17  suspend the licensee's driver's license. A license suspended

18  under this subsection remains suspended until the licensee

19  pays in full the penalty and all related costs incurred by the

20  department for accepting the credit card payment.

21         (5)  FAILURE TO PAY PENALTY.--If the licensee fails to

22  pay the penalty on or before 30 days after the date the

23  department sends the notice to the licensee, fails to enter

24  into an installment payment agreement with the department, or

25  fails to make an installment payment, the department shall

26  immediately suspend the licensee's driver's license. A license

27  suspended under this subsection remains suspended until the

28  licensee pays in full the penalty and all related costs

29  incurred by the department in collecting the penalty.

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 1         (6)  REMITTANCE OF PENALTY TO THE TRAUMA SERVICES TRUST

 2  FUND.--All penalties collected by the department under this

 3  section shall be deposited in the Trauma Services Trust Fund.

 4         Section 18.  This act shall take effect July 1, 2004.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the Department of Health and the Agency for
      Health Care Administration to establish trauma care
 4    regions. Directs that each trauma center receive a
      one-time specified appropriation in recognition of the
 5    capital investment made to establish the trauma service.
      Provides conditions for a certified trauma center to
 6    receive funding. Requires the department to use funds
      from the Trauma Services Trust Fund to assure the
 7    availability and accessibility of trauma services and for
      startup costs. Requires the department to allocate funds
 8    not disbursed for trauma preparedness and startup costs
      to trauma centers to pay for uncompensated trauma care.
 9    Allocates unspent funds to the department's Nursing
      Student Loan Forgiveness Program and the Nursing
10    Scholarship Program. Requires the Medicaid
      Disproportionate Share Task Force to review the
11    disbursement of Special Medicaid Payments made to trauma
      centers to assess the effectiveness of the payments to
12    the trauma care centers. Directs the Department of
      Highway Safety and Motor Vehicles to collect a fee for
13    each written report of a crash filed with the department.
      Directs the clerk of court to collect a fee for each
14    civil and criminal violation of ch. 316, F.S. Directs
      that an additional surcharge be imposed on license
15    registration for certain motor vehicles. Directs that an
      additional surcharge be imposed on persons convicted of
16    boating under the influence. Directs the court to collect
      an additional fee for criminal and noncriminal violations
17    of chapter 327 or chapter 328, F.S. Provides that all
      fees collected be deposited in the Trauma Services Trust
18    Fund. Creates the driver's responsibility program.
      Directs the Department of Highway Safety and Motor
19    Vehicles to annually impose specified monetary penalties
      against motor vehicle licensees who have violated certain
20    laws within the previous 36 months. Requires the
      department to notify licensees of the penalty and the
21    time period in which to pay the penalty. Requires the
      department to accept installment payments for the
22    penalties. Provides sanctions for a licensee's failure to
      pay an installment. Allows the department the discretion
23    to permit licensees to pay assessed penalties with credit
      cards. Requires the department to suspend a driver's
24    license if a credit card issuer returns the account as
      unpayable. Requires the department to suspend a driver's
25    license if the licensee does not pay the penalty or
      arrange for an installment plan within a specified time
26    after the notice of penalty is sent. Directs the
      department to remit all penalties to the Trauma Service
27    Trust Fund. Provides for distribution of funds to
      certified trauma centers. (See bill for details.)
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