| 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. |