Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2286
       
       
       
       
       
       
                                Barcode 723916                          
       
                              LEGISLATIVE ACTION                        
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       Senator Lawson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 619 and 620
    4  insert:
    5         Section 7. Paragraph (e) of subsection (2) of section
    6  395.602, Florida Statutes, is amended to read:
    7         395.602 Rural hospitals.—
    8         (2) DEFINITIONS.—As used in this part:
    9         (e) “Rural hospital” means an acute care hospital licensed
   10  under this chapter, having 100 or fewer licensed beds and an
   11  emergency room, which is:
   12         1. The sole provider within a county with a population
   13  density of no greater than 100 persons per square mile;
   14         2. An acute care hospital, in a county with a population
   15  density of no greater than 100 persons per square mile, which is
   16  at least 30 minutes of travel time, on normally traveled roads
   17  under normal traffic conditions, from any other acute care
   18  hospital within the same county;
   19         3. A hospital supported by a tax district or subdistrict
   20  whose boundaries encompass a population of 100 persons or fewer
   21  per square mile;
   22         4. A hospital in a constitutional charter county with a
   23  population of over 1 million persons that has imposed a local
   24  option health service tax pursuant to law and in an area that
   25  was directly impacted by a catastrophic event on August 24,
   26  1992, for which the Governor of Florida declared a state of
   27  emergency pursuant to chapter 125, and has 120 beds or less that
   28  serves an agricultural community with an emergency room
   29  utilization of no less than 20,000 visits and a Medicaid
   30  inpatient utilization rate greater than 15 percent;
   31         5. A hospital with a service area that has a population of
   32  100 persons or fewer per square mile. As used in this
   33  subparagraph, the term “service area” means the fewest number of
   34  zip codes that account for 75 percent of the hospital’s
   35  discharges for the most recent 5-year period, based on
   36  information available from the hospital inpatient discharge
   37  database in the Florida Center for Health Information and Policy
   38  Analysis at the Agency for Health Care Administration; or
   39         6. A hospital designated as a critical access hospital, as
   40  defined in s. 408.07(15).
   41  
   42  Population densities used in this paragraph must be based upon
   43  the most recently completed United States census. A hospital
   44  that received funds under s. 409.9116 for a quarter beginning no
   45  later than July 1, 2002, is deemed to have been and shall
   46  continue to be a rural hospital from that date through June 30,
   47  2015 2012, if the hospital continues to have 100 or fewer
   48  licensed beds and an emergency room, or meets the criteria of
   49  subparagraph 4. An acute care hospital that has not previously
   50  been designated as a rural hospital and that meets the criteria
   51  of this paragraph shall be granted such designation upon
   52  application, including supporting documentation to the Agency
   53  for Health Care Administration.
   54         Section 8. Paragraph (a) of subsection (2) of section
   55  408.040, Florida Statutes, is amended to read:
   56         408.040 Conditions and monitoring.—
   57         (2)(a) Unless the applicant has commenced construction, if
   58  the project provides for construction, unless the applicant has
   59  incurred an enforceable capital expenditure commitment for a
   60  project, if the project does not provide for construction, or
   61  unless subject to paragraph (b), a certificate of need shall
   62  terminate 18 months after the date of issuance, except a
   63  certificate of need of an entity which was issued on or before
   64  April 1, 2009, shall terminate 36 months after the date of
   65  issuance. The agency shall monitor the progress of the holder of
   66  the certificate of need in meeting the timetable for project
   67  development specified in the application, and may revoke the
   68  certificate of need, if the holder of the certificate is not
   69  meeting such timetable and is not making a good-faith effort, as
   70  defined by rule, to meet it.
   71         Section 9. The amendment to s. 408.040(2)(a), Florida
   72  Statutes, by this act shall control over any conflicting
   73  amendments to s. 408.040(2)(a), Florida Statutes, which is
   74  adopted during the 2009 Regular Session or an extension thereof
   75  and becomes law.
   76         Section 10. Subsection (43) of section 408.07, Florida
   77  Statutes, is amended to read:
   78         408.07 Definitions.—As used in this chapter, with the
   79  exception of ss. 408.031-408.045, the term:
   80         (43) “Rural hospital” means an acute care hospital licensed
   81  under chapter 395, having 100 or fewer licensed beds and an
   82  emergency room, and which is:
   83         (a) The sole provider within a county with a population
   84  density of no greater than 100 persons per square mile;
   85         (b) An acute care hospital, in a county with a population
   86  density of no greater than 100 persons per square mile, which is
   87  at least 30 minutes of travel time, on normally traveled roads
   88  under normal traffic conditions, from another acute care
   89  hospital within the same county;
   90         (c) A hospital supported by a tax district or subdistrict
   91  whose boundaries encompass a population of 100 persons or fewer
   92  per square mile;
   93         (d) A hospital with a service area that has a population of
   94  100 persons or fewer per square mile. As used in this paragraph,
   95  the term “service area” means the fewest number of zip codes
   96  that account for 75 percent of the hospital’s discharges for the
   97  most recent 5-year period, based on information available from
   98  the hospital inpatient discharge database in the Florida Center
   99  for Health Information and Policy Analysis at the Agency for
  100  Health Care Administration; or
  101         (e) A critical access hospital.
  102  
  103  Population densities used in this subsection must be based upon
  104  the most recently completed United States census. A hospital
  105  that received funds under s. 409.9116 for a quarter beginning no
  106  later than July 1, 2002, is deemed to have been and shall
  107  continue to be a rural hospital from that date through June 30,
  108  2015 2012, if the hospital continues to have 100 or fewer
  109  licensed beds and an emergency room, or meets the criteria of s.
  110  395.602(2)(e)4. An acute care hospital that has not previously
  111  been designated as a rural hospital and that meets the criteria
  112  of this subsection shall be granted such designation upon
  113  application, including supporting documentation, to the Agency
  114  for Health Care Administration.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117         And the title is amended as follows:
  118         Delete line 27
  119  and insert:
  120         registry; amending ss. 395.602 and 408.07, F.S.;
  121         revising the definition of the term “rural hospital”
  122         relating to hospital licensing and regulation and
  123         health care administration; amending s. 408.040, F.S.;
  124         providing an exception to the termination of certain
  125         certificates of need; creating s. 408.8065, F.S.;
  126         providing