| 1 | Representative Kreegel offered the following: |
| 2 |
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| 3 | Amendment to Amendment (825909) (with title amendment) |
| 4 | Between lines 53 and 54, insert: |
| 5 | Section 16. Paragraph (a) of subsection (2) of section |
| 6 | 408.040, Florida Statutes, is amended to read: |
| 7 | 408.040 Conditions and monitoring.-- |
| 8 | (2)(a) Unless the applicant has commenced construction, if |
| 9 | the project provides for construction, unless the applicant has |
| 10 | incurred an enforceable capital expenditure commitment for a |
| 11 | project, if the project does not provide for construction, or |
| 12 | unless subject to paragraph (b), a certificate of need shall |
| 13 | terminate 18 months after the date of issuance, except an entity |
| 14 | holding a certificate of need issued on or before April 1, 2009, |
| 15 | which shall terminate 36 months after the date of issuance. The |
| 16 | agency shall monitor the progress of the holder of the |
| 17 | certificate of need in meeting the timetable for project |
| 18 | development specified in the application, and may revoke the |
| 19 | certificate of need, if the holder of the certificate is not |
| 20 | meeting such timetable and is not making a good-faith effort, as |
| 21 | defined by rule, to meet it. |
| 22 | Section 17. The amendment to s. 408.040(2)(a), Florida |
| 23 | Statutes, by this act shall control over any conflicting |
| 24 | amendment to s. 408.040(2)(a), Florida Statutes, that is adopted |
| 25 | during the 2009 Regular Session or an extension thereof and |
| 26 | becomes law. |
| 27 | Section 18. Subsection (43) of section 408.07, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 408.07 Definitions.--As used in this chapter, with the |
| 30 | exception of ss. 408.031-408.045, the term: |
| 31 | (43) "Rural hospital" means an acute care hospital |
| 32 | licensed under chapter 395, having 100 or fewer licensed beds |
| 33 | and an emergency room, and which is: |
| 34 | (a) The sole provider within a county with a population |
| 35 | density of no greater than 100 persons per square mile; |
| 36 | (b) An acute care hospital, in a county with a population |
| 37 | density of no greater than 100 persons per square mile, which is |
| 38 | at least 30 minutes of travel time, on normally traveled roads |
| 39 | under normal traffic conditions, from another acute care |
| 40 | hospital within the same county; |
| 41 | (c) A hospital supported by a tax district or subdistrict |
| 42 | whose boundaries encompass a population of 100 persons or fewer |
| 43 | per square mile; |
| 44 | (d) A hospital with a service area that has a population |
| 45 | of 100 persons or fewer per square mile. As used in this |
| 46 | paragraph, the term "service area" means the fewest number of |
| 47 | zip codes that account for 75 percent of the hospital's |
| 48 | discharges for the most recent 5-year period, based on |
| 49 | information available from the hospital inpatient discharge |
| 50 | database in the Florida Center for Health Information and Policy |
| 51 | Analysis at the Agency for Health Care Administration; or |
| 52 | (e) A critical access hospital. |
| 53 |
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| 54 | Population densities used in this subsection must be based upon |
| 55 | the most recently completed United States census. A hospital |
| 56 | that received funds under s. 409.9116 for a quarter beginning no |
| 57 | later than July 1, 2002, is deemed to have been and shall |
| 58 | continue to be a rural hospital from that date through June 30, |
| 59 | 2015 2012, if the hospital continues to have 100 or fewer |
| 60 | licensed beds and an emergency room, or meets the criteria of s. |
| 61 | 395.602(2)(e)4. An acute care hospital that has not previously |
| 62 | been designated as a rural hospital and that meets the criteria |
| 63 | of this subsection shall be granted such designation upon |
| 64 | application, including supporting documentation, to the Agency |
| 65 | for Health Care Administration. |
| 66 |
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| 67 | ----------------------------------------------------- |
| 68 | T I T L E A M E N D M E N T |
| 69 | Remove line 943 and insert: |
| 70 | and operations in certain injunctive proceedings; amending s. |
| 71 | 408.040, F.S.; extending the period for which a certificate of |
| 72 | need is valid for certain entities; providing that the amendment |
| 73 | to s. 408.040(2)(a), F.S., shall control over conflicting |
| 74 | provisions; amending s. 408.07, F.S.; providing an additional 3- |
| 75 | year transition period for certain hospitals to retain their |
| 76 | designation as rural hospitals; amending |