Senate Bill sb2158
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Florida Senate - 2006 SB 2158
By Senator Bennett
21-1130-06
1 A bill to be entitled
2 An act relating to health care administration;
3 amending s. 408.036, F.S., relating to
4 health-care-related projects subject to review
5 for a certificate of need; exempting class II
6 specialty hospitals specializing in the
7 delivery of health services to pediatric
8 patients from the requirement to obtain a
9 certificate of need from the Agency for Health
10 Care Administration; providing criteria for
11 such exemption; providing an effective date.
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13 WHEREAS, access to specialized pediatric care is an
14 issue of critical state importance, and
15 WHEREAS, Florida has experienced a significant increase
16 in its pediatric population of individuals under the age of 18
17 over the past 20 years, and
18 WHEREAS, the pediatric population is projected to
19 increase by another 50 percent over the next 30 years,
20 reaching 5,366,076 residents by 2030, resulting in this state
21 having the fourth largest population of children among all
22 states, and
23 WHEREAS, the expansion of this population will result
24 in a dramatic increase in the need for health care services
25 for pediatric patients, and
26 WHEREAS, the number of freestanding children's
27 hospitals in this state has not kept pace with the dramatic
28 increase in the pediatric population, and
29 WHEREAS, there have been numerous technological
30 advances in the area of pediatric services, and
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Florida Senate - 2006 SB 2158
21-1130-06
1 WHEREAS, Florida will need to expand opportunities to
2 attract medical professionals who have specialized training
3 and experience in pediatric health care, and
4 WHEREAS, Florida must encourage organizations that have
5 demonstrated experience in the treatment of pediatric patients
6 elsewhere to bring their specialized resources and services to
7 this state, and
8 WHEREAS, Florida should encourage organizations to
9 specialize in the care of pediatric patients by investing in
10 clinical research and education directed toward improving the
11 delivery of health services to pediatric patients, and
12 WHEREAS, the development of highly specialized
13 pediatric hospitals that have a commitment to medical
14 education and clinical research will augment the services
15 currently provided, and
16 WHEREAS, the existing regulatory process for obtaining
17 a certificate of need imposes substantial costs and delays for
18 organizations seeking to develop specialized pediatric
19 hospitals in this state, NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Paragraph (t) is added to subsection (3) of
24 section 408.036, Florida Statutes, to read:
25 408.036 Projects subject to review; exemptions.--
26 (3) EXEMPTIONS.--Upon request, the following projects
27 are subject to exemption from the provisions of subsection
28 (1):
29 (t) For the establishment of a pediatric hospital that
30 would be licensed as a class II specialty hospital restricted
31 to the sole treatment of pediatric patients. This exemption is
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Florida Senate - 2006 SB 2158
21-1130-06
1 not applicable to a class I or general hospital seeking to
2 designate a portion of its bed allocation to the treatment of
3 pediatric patients.
4 1. Any class II specialty hospital established under
5 this exemption may offer general inpatient pediatric care,
6 outpatient care, and the following tertiary health services:
7 pediatric cardiac catheterization, pediatric open heart
8 surgery, Level II or Level III neonatal intensive care, solid
9 organ transplants, and bone marrow transplants without
10 additional certificate-of-need review.
11 2. To be entitled to an exemption under this
12 paragraph, the entity seeking the exemption must be the
13 applicant for the license and must:
14 a. Have prior experience, within or outside the state,
15 in owning and operating a pediatric hospital that engages in
16 clinical research and medical education that is directed
17 toward improving the delivery of health services to pediatric
18 patients.
19 b. Demonstrate the financial capability to incur the
20 necessary capital and operating costs required to develop a
21 pediatric hospital consistent with the provisions of this
22 paragraph.
23 c. Commit to a construction schedule that would result
24 in the opening of one hospital no sooner than October, 2006.
25 Thereafter, the applicant shall formally assess the
26 feasibility of opening additional hospitals. If the
27 feasibility exists for establishing additional hospitals, the
28 applicant shall identify the most appropriate market and
29 timeframe for the opening of these additional hospital using
30 the following factors:
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Florida Senate - 2006 SB 2158
21-1130-06
1 (I) Population demographics and dynamics, including,
2 but not limited to, the area's current and projected pediatric
3 population and the area's current and projected population of
4 special needs children;
5 (II) The availability, use, and quality of pediatric
6 services in the area;
7 (III) The availability, use, and quality of medical
8 education and clinical research opportunities for pediatric
9 residents and fellows in the area;
10 (IV) National medical-treatment trends in pediatric
11 care;
12 (V) Market conditions; and
13 (VI) Any other relevant planning factors related to
14 the delivery of state-of-the-art pediatric services.
15 d. Certify that it will engage in clinical research
16 directed toward improving the delivery of health services to
17 pediatric patients in each of its hospitals.
18 e. Certify that it will fund graduate programs in
19 medical education which are directed toward improving the
20 delivery of health services to pediatric patients in each of
21 its hospitals authorized under this paragraph.
22 f. Commit to providing inpatient services to Medicaid
23 and charity care patients in each hospital authorized under
24 this paragraph at a level equal to or greater than the
25 health-service-planning average for pediatric patients in the
26 district.
27 g. Certify that during the first 5 years of operating
28 a hospital authorized under this paragraph, it will not seek
29 to license or operate more than 120 inpatient pediatric beds
30 and that no more than 15 of those 120 beds will be used for
31 Level II or Level III neonatal intensive care services.
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Florida Senate - 2006 SB 2158
21-1130-06
1 Section 2. This act shall take effect upon becoming a
2 law.
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5 SENATE SUMMARY
6 Relates to health-care-related projects subject to review
for a certificate of need. Exempts certain projects
7 involving hospitals specializing in the delivery of
health services to pediatric patients.
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