| 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 | 
 | 
| 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. |