Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 2214
                        Barcode 704142
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/02/2006 12:27 PM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (b) of subsection (1) of section
18  395.003, Florida Statutes, is amended to read:
19         395.003  Licensure; issuance, renewal, denial,
20  modification, suspension, and revocation.--
21         (1)
22         (b)1.  It is unlawful for a person to use or advertise
23  to the public, in any way or by any medium whatsoever, any
24  facility as a "hospital," "ambulatory surgical center," or
25  "mobile surgical facility" unless such facility has first
26  secured a license under the provisions of this part.
27         2.  This part does not apply to veterinary hospitals or
28  to commercial business establishments using the word
29  "hospital," "ambulatory surgical center," or "mobile surgical
30  facility" as a part of a trade name if no treatment of human
31  beings is performed on the premises of such establishments.
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    10:20 AM   05/02/06                            s2214c1d-37-e0a

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 3. Until July 1, 2006, Additional emergency 2 departments located off the premises of licensed hospitals may 3 not be authorized by the agency until the agency has adopted 4 rules required under s. 395.1055(9). 5 Section 2. Subsection (9) is added to section 6 395.1055, Florida Statutes, to read: 7 395.1055 Rules and enforcement.-- 8 (9) The agency shall adopt rules pursuant to ss. 9 120.536(1) and 120.54 which establish licensure standards for 10 emergency departments located off the premises of licensed 11 hospitals. The rules must: 12 (a) Include minimum criteria for patient care and 13 safety, quality improvement, infection control, building 14 design and construction, location, and appropriate transport 15 of patients from the emergency department located off the 16 premises consistent with chapter 401. 17 (b) Require the hospital to maintain an emergency 18 department on its premises that is licensed and operated in 19 accordance with agency rules. 20 (c) Specify that an emergency department located off 21 the premises of a licensed hospital that was authorized prior 22 to the adoption of rules shall continue to operate in 23 accordance with the licensure criteria under which it was 24 originally authorized. 25 Section 3. Section 395.4001, Florida Statutes, is 26 amended to read: 27 395.4001 Definitions.--As used in this part, the term: 28 (1) "Agency" means the Agency for Health Care 29 Administration. 30 (2) "Charity care" or "uncompensated trauma care" 31 means that portion of hospital charges reported to the agency 2 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 for which there is no compensation, other than restricted or 2 unrestricted revenues provided to a hospital by local 3 governments or tax districts regardless of method of payment, 4 for care provided to a patient whose family income for the 12 5 months preceding the determination is less than or equal to 6 200 percent of the federal poverty level, unless the amount of 7 hospital charges due from the patient exceeds 25 percent of 8 the annual family income. However, in no case shall the 9 hospital charges for a patient whose family income exceeds 10 four times the federal poverty level for a family of four be 11 considered charity. 12 (3) "Department" means the Department of Health. 13 (4) "Interfacility trauma transfer" means the transfer 14 of a trauma victim between two facilities licensed under this 15 chapter, pursuant to this part. 16 (5) "International Classification Injury Severity 17 Score" means the statistical method for computing the severity 18 of injuries sustained by trauma patients. The International 19 Classification Injury Severity Score shall be the methodology 20 used by the department and trauma centers to report the 21 severity of an injury. 22 (6)(5) "Level I trauma center" means a trauma center 23 that: 24 (a) Has formal research and education programs for the 25 enhancement of trauma care; is verified by the department to 26 be in substantial compliance with Level I trauma center and 27 pediatric trauma center standards; and has been approved by 28 the department to operate as a Level I trauma center. 29 (b) Serves as a resource facility to Level II trauma 30 centers, pediatric trauma centers, and general hospitals 31 through shared outreach, education, and quality improvement 3 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 activities. 2 (c) Participates in an inclusive system of trauma 3 care, including providing leadership, system evaluation, and 4 quality improvement activities. 5 (7)(6) "Level II trauma center" means a trauma center 6 that: 7 (a) Is verified by the department to be in substantial 8 compliance with Level II trauma center standards and has been 9 approved by the department to operate as a Level II trauma 10 center. 11 (b) Serves as a resource facility to general hospitals 12 through shared outreach, education, and quality improvement 13 activities. 14 (c) Participates in an inclusive system of trauma 15 care. 16 (8) "Local funding contribution" means local 17 municipal, county, or tax district funding exclusive of any 18 patient-specific funds received pursuant to ss. 19 154.301-154.316, private foundation funding, or public or 20 private grant funding of at least $150,000 received by a 21 hospital or health care system that operates a trauma center. 22 (9)(7) "Pediatric trauma center" means a hospital that 23 is verified by the department to be in substantial compliance 24 with pediatric trauma center standards as established by rule 25 of the department and has been approved by the department to 26 operate as a pediatric trauma center. 27 (10)(8) "Provisional trauma center" means a hospital 28 that has been verified by the department to be in substantial 29 compliance with the requirements in s. 395.4025 and has been 30 approved by the department to operate as a provisional Level I 31 trauma center, Level II trauma center, or pediatric trauma 4 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 center. 2 (11)(9) "Trauma agency" means a department-approved 3 agency established and operated by one or more counties, or a 4 department-approved entity with which one or more counties 5 contract, for the purpose of administering an inclusive 6 regional trauma system. 7 (12)(10) "Trauma alert victim" means a person who has 8 incurred a single or multisystem injury due to blunt or 9 penetrating means or burns, who requires immediate medical 10 intervention or treatment, and who meets one or more of the 11 adult or pediatric scorecard criteria established by the 12 department by rule. 13 (13) "Trauma caseload volume" means the number of 14 trauma patients reported by individual trauma centers to the 15 Trauma Registry and validated by the department. 16 (14)(11) "Trauma center" means a hospital that has 17 been verified by the department to be in substantial 18 compliance with the requirements in s. 395.4025 and has been 19 approved by the department to operate as a Level I trauma 20 center, Level II trauma center, or pediatric trauma center. 21 (15) "Trauma patient" means a person who has incurred 22 a physical injury or wound caused by trauma and has accessed a 23 trauma center. 24 (16)(12) "Trauma scorecard" means a statewide 25 methodology adopted by the department by rule under which a 26 person who has incurred a traumatic injury is graded as to the 27 severity of his or her injuries or illness and which 28 methodology is used as the basis for making destination 29 decisions. 30 (17)(13) "Trauma transport protocol" means a document 31 which describes the policies, processes, and procedures 5 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 governing the dispatch of vehicles, the triage, prehospital 2 transport, and interfacility trauma transfer of trauma 3 victims. 4 (18)(14) "Trauma victim" means any person who has 5 incurred a single or multisystem injury due to blunt or 6 penetrating means or burns and who requires immediate medical 7 intervention or treatment. 8 Section 4. Section 395.4035, Florida Statutes, is 9 repealed. 10 Section 5. Subsection (1) of section 395.4036, Florida 11 Statutes, is amended to read: 12 395.4036 Trauma payments.-- 13 (1) Recognizing the Legislature's stated intent to 14 provide financial support to the current verified trauma 15 centers and to provide incentives for the establishment of 16 additional trauma centers as part of a system of 17 state-sponsored trauma centers, the department shall utilize 18 funds collected under s. 318.18(15)(14) and deposited into the 19 Administrative Trust Fund of the department to ensure the 20 availability and accessibility of trauma services throughout 21 the state as provided in this subsection. 22 (a) Twenty percent of the total funds collected under 23 this subsection during the state fiscal year shall be 24 distributed to verified trauma centers located in a region 25 that have has a local funding contribution as of December 31. 26 Distribution of funds under this paragraph shall be based on 27 trauma caseload volume for the most recent calendar year 28 available. 29 (b) Forty percent of the total funds collected under 30 this subsection shall be distributed to verified trauma 31 centers based on trauma caseload volume for of the most recent 6 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 previous calendar year available. The determination of 2 caseload volume for distribution of funds under this paragraph 3 shall be based on the department's Trauma Registry data. 4 (c) Forty percent of the total funds collected under 5 this subsection shall be distributed to verified trauma 6 centers based on severity of trauma patients for the most 7 recent calendar year available. The determination of severity 8 for distribution of funds under this paragraph shall be based 9 on the department's International Classification Injury 10 Severity Scores or another statistically valid and 11 scientifically accepted method of stratifying a trauma 12 patient's severity of injury, risk of mortality, and resource 13 consumption as adopted by the department by rule, weighted 14 based on the costs associated with and incurred by the trauma 15 center in treating trauma patients. The weighting of scores 16 shall be established by the department by rule scores of 1-14 17 and 15 plus. 18 19 Funds deposited in the department's Administrative Trust Fund 20 for verified trauma centers may be used to maximize the 21 receipt of federal funds that may be available for such trauma 22 centers. Notwithstanding this section and s. 318.14, 23 distributions to trauma centers may be adjusted in a manner to 24 ensure that total payments to trauma centers represent the 25 same proportional allocation as set forth in this section and 26 s. 318.14. For purposes of this section and s. 318.14, total 27 funds distributed to trauma centers may include revenue from 28 the Administrative Trust Fund and federal funds for which 29 revenue from the Administrative Trust Fund is used to meet 30 state or local matching requirements. Funds collected under 31 ss. 318.14 and 318.18(15) and deposited in the Administrative 7 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 Trust Fund of the department shall be distributed to trauma 2 centers on a quarterly basis using the most recent calendar 3 year data available. Such data shall not be used for more than 4 four quarterly distributions unless there are extenuating 5 circumstances as determined by the department, in which case 6 the most recent calendar year data available shall continue to 7 be used and appropriate adjustments shall be made as soon as 8 the more recent data becomes available. Trauma centers may 9 request that their distributions from the Administrative Trust 10 Fund be used as intergovernmental transfer funds in the 11 Medicaid program. 12 Section 6. Section 395.41, Florida Statutes, is 13 created to read: 14 395.41 Trauma center startup grant program.--There is 15 established a trauma center startup grant program. 16 (1) The Legislature recognizes the need for a 17 statewide, cohesive, uniform, and integrated trauma system, 18 and the Legislature acknowledges that the state has been 19 divided into trauma service areas. Each of the trauma service 20 areas should have at least one trauma center; however, some 21 trauma service areas do not have a trauma center because of 22 the significant up-front investment of capital required for 23 hospitals to develop the physical space, equipment, and 24 qualified personnel necessary to provide quality trauma 25 services. 26 (2) An acute care general hospital that has submitted 27 a letter of intent and an application to become a trauma 28 center pursuant to s. 395.4025 may apply to the department for 29 a startup grant. The grant applicant must demonstrate that: 30 (a) There are currently no other trauma centers in the 31 hospital's trauma service area as established under s. 8 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 395.402. 2 (b) There is not a trauma center within a 100-mile 3 radius of the proposed trauma center. 4 (c) The hospital has received a local funding 5 contribution as defined under s. 395.4001. 6 (d) The hospital has incurred startup costs in excess 7 of the amount of grant funding requested. 8 (e) The hospital is pursuing the establishment of a 9 residency program in internal medicine or emergency medicine. 10 (3) A hospital receiving startup grant funding that 11 does not become a provisional trauma center within 24 months 12 after submitting an application to become a trauma center must 13 forfeit any state grant funds received pursuant to this 14 section. 15 (4) A hospital that receives startup grant funding may 16 not receive more than $500,000, must ensure that the startup 17 grant funding is matched on a dollar-for-dollar basis with a 18 local funding contribution, and shall receive startup grant 19 funding only one time. 20 Section 7. This act shall take effect July 1, 2006, 21 except that section 395.41, Florida Statutes, as created by 22 this act, shall take effect subject to an appropriation for 23 the trauma center startup grant program in the 2006-2007 24 General Appropriations Act. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 9 10:20 AM 05/02/06 s2214c1d-37-e0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2214 Barcode 704142 1 A bill to be entitled 2 An act relating to hospital licensing and 3 regulation; amending s. 395.003, F.S.; 4 prohibiting authorization of additional 5 emergency departments located off the premises 6 of licensed hospitals until the Agency for 7 Health Care Administration adopts rules; 8 amending s. 395.1055, F.S.; requiring the 9 agency to adopt rules to establish licensure 10 standards for emergency departments located off 11 the premises of licensed hospitals; requiring 12 the rules to address certain topics; amending 13 s. 395.4001, F.S.; providing definitions; 14 repealing s. 395.4035, F.S., to terminate the 15 Trauma Services Trust Fund; amending s. 16 395.4036, F.S.; revising provisions relating to 17 distribution of funds to trauma centers and use 18 thereof; creating s. 395.41, F.S.; establishing 19 a trauma center startup grant program; 20 providing conditions for the receipt of a 21 startup grant; providing limitations; making 22 the trauma center startup grant program subject 23 to an appropriation in the General 24 Appropriations Act; providing a contingent 25 effective date. 26 27 28 29 30 31 10 10:20 AM 05/02/06 s2214c1d-37-e0a