1 | A bill to be entitled |
2 | An act relating to hospitals that provide charity care; |
3 | creating a commission to study the effect of the 2004 |
4 | hurricane season on certain hospitals and identify |
5 | hospitals unable to comply with the Florida Building Code |
6 | or located in flood-prone areas; providing for membership, |
7 | reimbursement, and duties of the study commission; |
8 | requiring the Department of Community Affairs to provide |
9 | staff for the study commission; requiring the commission |
10 | to submit a report and recommendations to the Governor and |
11 | the Legislature; providing an effective date. |
12 |
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13 | WHEREAS, the State of Florida experienced four major |
14 | hurricanes during 2004, and |
15 | WHEREAS, the state recognizes the importance of maintaining |
16 | a system of hospitals throughout the state to ensure that the |
17 | underserved population has access to hospitals when the need |
18 | arises and acknowledges that these hospitals serve a critical |
19 | state purpose in providing this care, and |
20 | WHEREAS, it is an important state interest to ensure that |
21 | these hospitals continue to provide health care services to the |
22 | state's underserved populations, and |
23 | WHEREAS, many hospitals and health care facilities |
24 | sustained significant structural damage to their facilities in |
25 | 2004, and |
26 | WHEREAS, hospitals that provide the majority of safety net |
27 | care for indigent and charity cases were forced to operate in |
28 | facilities that were not structurally sound, and |
29 | WHEREAS, these hospitals do not have the ability to care |
30 | for patients at alternative sites during natural disasters, and |
31 | WHEREAS, these hospitals do not have the capital needed to |
32 | invest in the significant infrastructure costs associated with |
33 | hurricane damage, and |
34 | WHEREAS, these hospitals have been in existence for many |
35 | years and have become geographically place-bound, with little |
36 | opportunity to expand beyond their current property lines, NOW, |
37 | THEREFORE, |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. (1) STUDY COMMISSION.--There is created a |
42 | study commission to address critical issues relating to |
43 | hospitals serving indigent populations and licensed under |
44 | chapter 395, Florida Statutes, which sustained significant |
45 | damage to their facilities during the 2004 hurricane season. |
46 | (2) SUBJECT OF STUDY.-- |
47 | (a) The commission shall identify: |
48 | 1. All hospitals that are currently not able to comply |
49 | with the provisions of the Florida Building Code as defined in |
50 | chapter 553, Florida Statutes, and any associated administrative |
51 | rules; |
52 | 2. Hospitals that are located within 10 miles of the |
53 | coastline; and |
54 | 3. Hospitals that are located in a designated flood zone. |
55 | (b) The study commission shall make recommendations for |
56 | allowing these hospitals to find alternative methods of |
57 | renovating their existing facility in order to meet the |
58 | requirements of the Florida Building Code, including an |
59 | evaluation of whether any hospital located in a county that |
60 | experienced or may experience significant hurricane damage |
61 | should be exempt from the certificate-of-need process for the |
62 | purpose of relocating its currently licensed beds to a facility |
63 | that is not located on the main hospital campus. |
64 | (c) The commission shall review and determine whether |
65 | hospitals located within 10 miles of the coastline or in a |
66 | designated flood zone shall be allowed to have satellite beds |
67 | for use in the future. |
68 | (3) REPORT.--The commission shall meet by September 1, |
69 | 2005, and shall submit recommendations, including |
70 | recommendations for statutory changes, to the Governor, the |
71 | President of the Senate, and the Speaker of the House of |
72 | Representatives by January 1, 2006. Such recommendations shall |
73 | also include an evaluation of whether grant funds should be made |
74 | available to assist hospitals with the cost of reconstructing |
75 | existing facilities. |
76 | (4) MEMBERSHIP.--The study commission shall be staffed by |
77 | the Department of Community Affairs and shall include: |
78 | (a) The Secretary of Community Affairs, or his or her |
79 | designee; |
80 | (b) The Director of the Division of Emergency Management, |
81 | or his or her designee; |
82 | (c) The Secretary of Health Care Administration, or his or |
83 | her designee; |
84 | (d) The Secretary of Health, or his or her designee; and |
85 | (e) A director of county emergency management, selected by |
86 | the Florida Association of Counties. |
87 | (5) REIMBURSEMENT.--Members of the study commission shall |
88 | serve without remuneration, but are entitled to reimbursement in |
89 | accordance with section 112.061, Florida Statutes, for per diem |
90 | and travel expenses incurred in performing their duties in |
91 | accordance with this section. |
92 | Section 2. This act shall take effect upon becoming a law. |