Senate Bill sb0760c1

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    Florida Senate - 2007                            CS for SB 760

    By the Committee on Health Regulation; and Senator Atwater





    588-2561-07

  1                      A bill to be entitled

  2         An act relating to hospitals; amending s.

  3         395.003, F.S.; revising provisions designating

  4         classes of disease; exempting certain cancer

  5         center hospitals from licensure restrictions;

  6         amending s. 408.0361, F.S.; revising provisions

  7         relating to licensing standards for adult

  8         cardiovascular services; revising the period of

  9         validity for certain licenses authorized under

10         a grandfather provision; revising the criteria

11         for the adoption of rules by the Agency for

12         Health Care Administration; requiring certain

13         hospitals to participate in clinical

14         outcome-reporting systems operated by the

15         American College of Cardiology and the Society

16         for Thoracic Surgeons for purposes of such rule

17         criteria; removing a requirement that the

18         agency include specified data in rules;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Subsection (9) of section 395.003, Florida

24  Statutes, is amended to read:

25         395.003  Licensure; issuance, renewal, denial,

26  modification, suspension, and revocation.--

27         (9)  A hospital may not be licensed or relicensed if:

28         (a)  The diagnosis-related groups for 65 percent or

29  more of the discharges from the hospital, in the most recent

30  year for which data is available to the Agency for Health Care

31  

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    Florida Senate - 2007                            CS for SB 760
    588-2561-07




 1  Administration pursuant to s. 408.061, are for diagnosis,

 2  care, and treatment of patients who have:

 3         1.  Cardiac-related diseases and disorders classified

 4  as diagnosis-related groups in major diagnostic category 5

 5  103-145, 478-479, 514-518, or 525-527;

 6         2.  Orthopedic-related diseases and disorders

 7  classified as diagnosis-related groups in major diagnostic

 8  category 8 209-256, 471, 491, 496-503, or 519-520;

 9         3.  Cancer-related diseases and disorders classified as

10  discharges in which the principal diagnosis is neoplasm or

11  carcinoma or is for an admission for radiotherapy or

12  antineoplastic chemotherapy or immunotherapy diagnosis-related

13  groups 64, 82, 172, 173, 199, 200, 203, 257-260, 274, 275,

14  303, 306, 307, 318, 319, 338, 344, 346, 347, 363, 366, 367,

15  400-414, 473, or 492; or

16         4.  Any combination of the above discharges. Any

17  hospital classified as an exempt cancer center hospital

18  pursuant to 42 C.F.R. s. 412.23(f) as of December 31, 2005, is

19  exempt from the licensure restrictions of this subsection.

20         (b)  The hospital restricts its medical and surgical

21  services to primarily or exclusively cardiac, orthopedic,

22  surgical, or oncology specialties.

23         Section 2.  Section 408.0361, Florida Statutes, is

24  amended to read:

25         408.0361  Cardiovascular Cardiology services and burn

26  unit licensure.--

27         (1)  Each provider of diagnostic cardiac

28  catheterization services shall comply with rules adopted by

29  the agency that establish licensure standards governing the

30  operation of adult inpatient diagnostic cardiac

31  

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    Florida Senate - 2007                            CS for SB 760
    588-2561-07




 1  catheterization programs. The rules shall ensure that such

 2  programs:

 3         (a)  Comply with the most recent guidelines of the

 4  American College of Cardiology and American Heart Association

 5  Guidelines for Cardiac Catheterization and Cardiac

 6  Catheterization Laboratories.

 7         (b)  Perform only adult inpatient diagnostic cardiac

 8  catheterization services and will not provide therapeutic

 9  cardiac catheterization or any other cardiology services.

10         (c)  Maintain sufficient appropriate equipment and

11  health care personnel to ensure quality and safety.

12         (d)  Maintain appropriate times of operation and

13  protocols to ensure availability and appropriate referrals in

14  the event of emergencies.

15         (e)  Demonstrate a plan to provide services to Medicaid

16  and charity care patients.

17         (2)  Each provider of adult cardiovascular

18  interventional cardiology services or operator of a burn unit

19  shall comply with rules adopted by the agency that establish

20  licensure standards that govern the provision of adult

21  cardiovascular interventional cardiology services or the

22  operation of a burn unit. Such rules shall consider, at a

23  minimum, staffing, equipment, physical plant, operating

24  protocols, the provision of services to Medicaid and charity

25  care patients, accreditation, licensure period and fees, and

26  enforcement of minimum standards. The certificate-of-need

27  rules for adult cardiovascular interventional cardiology

28  services and burn units in effect on June 30, 2004, are

29  authorized pursuant to this subsection and shall remain in

30  effect and shall be enforceable by the agency until the

31  licensure rules are adopted. Existing providers and any

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    Florida Senate - 2007                            CS for SB 760
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 1  provider with a notice of intent to grant a certificate of

 2  need or a final order of the agency granting a certificate of

 3  need for adult cardiovascular interventional cardiology

 4  services or burn units shall be considered grandfathered and

 5  receive a license for their programs effective on the

 6  effective date of this act. The grandfathered licensure shall

 7  be for at least 3 years or until July 1, 2008 a period

 8  specified in the rule, whichever is longer, but shall be

 9  required to meet licensure standards applicable to existing

10  programs for every subsequent licensure period.

11         (3)  In establishing rules for adult cardiovascular

12  interventional cardiology services, the agency shall include

13  provisions that allow for:

14         (a)  Establishment of two hospital program licensure

15  levels: a Level I program authorizing the performance of adult

16  percutaneous cardiac intervention without onsite cardiac

17  surgery and a Level II program authorizing the performance of

18  percutaneous cardiac intervention with onsite cardiac surgery.

19         (b)  For a hospital seeking a Level I program,

20  demonstration that, for the most recent 12-month period as

21  reported to the agency, it has provided a minimum of 300 adult

22  inpatient and outpatient diagnostic cardiac catheterizations

23  or, for the most recent 12-month period, has discharged or

24  transferred at least 300 inpatients with the principal

25  diagnosis of ischemic heart disease and that it has a

26  formalized, written transfer agreement with a hospital that

27  has a Level II program, including written transport protocols

28  to ensure safe and efficient transfer of a patient within 60

29  minutes.

30         (c)  For a hospital seeking a Level II program,

31  demonstration that, for the most recent 12-month period as

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    Florida Senate - 2007                            CS for SB 760
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 1  reported to the agency, it has performed a minimum of 1,100

 2  adult inpatient and outpatient cardiac catheterizations, of

 3  which at least 400 must be therapeutic catheterizations, or,

 4  for the most recent 12-month period, has discharged at least

 5  800 patients with the principal diagnosis of ischemic heart

 6  disease.

 7         (d)  Compliance with the most recent guidelines of the

 8  American College of Cardiology and American Heart Association

 9  guidelines for staffing, physician training and experience,

10  operating procedures, equipment, physical plant, and patient

11  selection criteria to ensure patient quality and safety.

12         (e)  Establishment of appropriate hours of operation

13  and protocols to ensure availability and timely referral in

14  the event of emergencies.

15         (f)  Demonstration of a plan to provide services to

16  Medicaid and charity care patients.

17         (4)(a)  The agency shall establish a technical advisory

18  panel to develop procedures and standards for measuring

19  outcomes of adult cardiovascular services interventional

20  cardiac programs. Members of the panel shall include

21  representatives of the Florida Hospital Association, the

22  Florida Society of Thoracic and Cardiovascular Surgeons, the

23  Florida Chapter of the American College of Cardiology, and the

24  Florida Chapter of the American Heart Association and others

25  with experience in statistics and outcome measurement. Based

26  on recommendations from the panel, the agency shall develop

27  and adopt rules for the adult cardiovascular services which

28  interventional cardiac programs that include at least the

29  following:

30         (a)  A standard data set consisting primarily of data

31  elements reported to the agency in accordance with s. 408.061.

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    Florida Senate - 2007                            CS for SB 760
    588-2561-07




 1         1.(b)  A risk adjustment procedure that accounts for

 2  the variations in severity and case mix found in hospitals in

 3  this state.

 4         2.(c)  Outcome standards specifying expected levels of

 5  performance in Level I and Level II adult cardiovascular

 6  interventional cardiology services. Such standards may

 7  include, but shall not be limited to, in-hospital mortality,

 8  infection rates, nonfatal myocardial infarctions, length of

 9  stay, postoperative bleeds, and returns to surgery.

10         3.(d)  Specific steps to be taken by the agency and

11  licensed hospitals that do not meet the outcome standards

12  within specified time periods, including time periods for

13  detailed case reviews and development and implementation of

14  corrective action plans.

15         (b)  Hospitals licensed for Level I or Level II adult

16  cardiovascular services shall participate in clinical

17  outcome-reporting systems operated by the American College of

18  Cardiology and the Society for Thoracic Surgeons.

19         (5)  The Secretary of Health Care Administration shall

20  appoint an advisory group to study the issue of replacing

21  certificate-of-need review of organ transplant programs under

22  this chapter with licensure regulation of organ transplant

23  programs under chapter 395. The advisory group shall include

24  three representatives of organ transplant providers, one

25  representative of an organ procurement organization, one

26  representative of the Division of Health Quality Assurance,

27  one representative of Medicaid, and one organ transplant

28  patient advocate. The advisory group shall, at minimum, make

29  recommendations regarding access to organs, delivery of

30  services to Medicaid and charity care patients, staff

31  training, and resource requirements for organ transplant

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    Florida Senate - 2007                            CS for SB 760
    588-2561-07




 1  programs in a report due to the secretary and the Legislature

 2  by July 1, 2005.

 3         (6)  The Secretary of Health Care Administration shall

 4  appoint a workgroup to study certificate-of-need regulations

 5  and changing market conditions related to the supply and

 6  distribution of hospital beds. The assessment by the workgroup

 7  shall include, but not be limited to, the following:

 8         (a)  The appropriateness of current certificate-of-need

 9  methodologies and other criteria for evaluating proposals for

10  new hospitals and transfer of beds to new sites.

11         (b)  Additional factors that should be considered,

12  including the viability of safety net services, the extent of

13  market competition, and the accessibility of hospital

14  services.

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16  The workgroup shall submit a report by January 1, 2005, to the

17  secretary and the Legislature identifying specific problem

18  areas and recommending needed changes in statutes or rules.

19         Section 3.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                            CS for SB 760
    588-2561-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 760

 3                                 

 4  The committee substitute revises the definition of the types
    of specialty hospitals that may not be licensed by the Agency
 5  for Health Care Administration (AHCA or agency).

 6  The committee substitute changes the terms cardiology and
    cardiovascular services throughout s. 408.0361, F.S., which
 7  relates to licensure of hospital cardiology services and burn
    units. The grandfathered licensure status of certain hospitals
 8  with adult interventional cardiology services and or burn
    units is changed from a period specified in rule to until July
 9  1, 2008.

10  The committee substitute deletes the inclusion in rules of a
    standard data set consisting of data elements reported to the
11  AHCA in accordance with s. 408.061, F.S. It also requires
    Level I and Level II hospitals to participate in clinical
12  outcome-reporting systems operated by the American College of
    Cardiology and the Society for Thoracic Surgeons.
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