HB 1125

1
A bill to be entitled
2An act relating to hospitals that provide charity care;
3creating a commission to study the effect of the 2004
4hurricane season on certain hospitals and identify
5hospitals unable to comply with the Florida Building Code
6or located in flood-prone areas; providing for membership,
7reimbursement, and duties of the study commission;
8requiring the Department of Community Affairs to provide
9staff for the study commission; requiring the commission
10to submit a report and recommendations to the Governor and
11the Legislature; providing an effective date.
12
13     WHEREAS, the State of Florida experienced four major
14hurricanes during 2004, and
15     WHEREAS, the state recognizes the importance of maintaining
16a system of hospitals throughout the state to ensure that the
17underserved population has access to hospitals when the need
18arises and acknowledges that these hospitals serve a critical
19state purpose in providing this care, and
20     WHEREAS, it is an important state interest to ensure that
21these hospitals continue to provide health care services to the
22state's underserved populations, and
23     WHEREAS, many hospitals and health care facilities
24sustained significant structural damage to their facilities in
252004, and
26     WHEREAS, hospitals that provide the majority of safety net
27care for indigent and charity cases were forced to operate in
28facilities that were not structurally sound, and
29     WHEREAS, these hospitals do not have the ability to care
30for patients at alternative sites during natural disasters, and
31     WHEREAS, these hospitals do not have the capital needed to
32invest in the significant infrastructure costs associated with
33hurricane damage, and
34     WHEREAS, these hospitals have been in existence for many
35years and have become geographically place-bound, with little
36opportunity to expand beyond their current property lines, NOW,
37THEREFORE,
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  (1)  STUDY COMMISSION.--There is created a
42study commission to address critical issues relating to
43hospitals serving indigent populations and licensed under
44chapter 395, Florida Statutes, which sustained significant
45damage 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
49with the provisions of the Florida Building Code as defined in
50chapter 553, Florida Statutes, and any associated administrative
51rules;
52     2.  Hospitals that are located within 10 miles of the
53coastline; and
54     3.  Hospitals that are located in a designated flood zone.
55     (b)  The study commission shall make recommendations for
56allowing these hospitals to find alternative methods of
57renovating their existing facility in order to meet the
58requirements of the Florida Building Code, including an
59evaluation of whether any hospital located in a county that
60experienced or may experience significant hurricane damage
61should be exempt from the certificate-of-need process for the
62purpose of relocating its currently licensed beds to a facility
63that is not located on the main hospital campus.
64     (c)  The commission shall review and determine whether
65hospitals located within 10 miles of the coastline or in a
66designated flood zone shall be allowed to have satellite beds
67for use in the future.
68     (3)  REPORT.--The commission shall meet by September 1,
692005, and shall submit recommendations, including
70recommendations for statutory changes, to the Governor, the
71President of the Senate, and the Speaker of the House of
72Representatives by January 1, 2006. Such recommendations shall
73also include an evaluation of whether grant funds should be made
74available to assist hospitals with the cost of reconstructing
75existing facilities.
76     (4)  MEMBERSHIP.--The study commission shall be staffed by
77the Department of Community Affairs and shall include:
78     (a)  The Secretary of Community Affairs, or his or her
79designee;
80     (b)  The Director of the Division of Emergency Management,
81or his or her designee;
82     (c)  The Secretary of Health Care Administration, or his or
83her designee;
84     (d)  The Secretary of Health, or his or her designee; and
85     (e)  A director of county emergency management, selected by
86the Florida Association of Counties.
87     (5)  REIMBURSEMENT.--Members of the study commission shall
88serve without remuneration, but are entitled to reimbursement in
89accordance with section 112.061, Florida Statutes, for per diem
90and travel expenses incurred in performing their duties in
91accordance with this section.
92     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.