Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1736
Barcode 863564
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2011 .
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The Committee on Health Regulation (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1708 - 1718
4 and insert:
5 Section 47. Paragraph (d) of subsection (1) and paragraph
6 (m) of subsection (3) of section 408.036, Florida Statutes, are
7 amended to read:
8 408.036 Projects subject to review; exemptions.—
9 (1) APPLICABILITY.—Unless exempt under subsection (3), all
10 health-care-related projects, as described in paragraphs (a)
11 (g), are subject to review and must file an application for a
12 certificate of need with the agency. The agency is exclusively
13 responsible for determining whether a health-care-related
14 project is subject to review under ss. 408.031-408.045.
15 (d) The establishment of a hospice or hospice inpatient
16 facility, except as provided in s. 408.043.
17 (3) EXEMPTIONS.—Upon request, the following projects are
18 subject to exemption from the provisions of subsection (1):
19 (m)1. For the provision of adult open-heart services in a
20 hospital located within the boundaries of a health service
21 planning district, as defined in s. 408.032(5), which has
22 experienced an annual net out-migration of at least 600 open
23 heart-surgery cases for 3 consecutive years according to the
24 most recent data reported to the agency, and the district’s
25 population per licensed and operational open-heart programs
26 exceeds the state average of population per licensed and
27 operational open-heart programs by at least 25 percent. All
28 hospitals within a health service planning district which meet
29 the criteria reference in sub-subparagraphs 2.a.-h. shall be
30 eligible for this exemption on July 1, 2004, and shall receive
31 the exemption upon filing for it and subject to the following:
32 a. A hospital that has received a notice of intent to grant
33 a certificate of need or a final order of the agency granting a
34 certificate of need for the establishment of an open-heart
35 surgery program is entitled to receive a letter of exemption for
36 the establishment of an adult open-heart-surgery program upon
37 filing a request for exemption and complying with the criteria
38 enumerated in sub-subparagraphs 2.a.-h., and is entitled to
39 immediately commence operation of the program.
40 b. An otherwise eligible hospital that has not received a
41 notice of intent to grant a certificate of need or a final order
42 of the agency granting a certificate of need for the
43 establishment of an open-heart-surgery program is entitled to
44 immediately receive a letter of exemption for the establishment
45 of an adult open-heart-surgery program upon filing a request for
46 exemption and complying with the criteria enumerated in sub
47 subparagraphs 2.a.-h., but is not entitled to commence operation
48 of its program until December 31, 2006.
49 2. A hospital shall be exempt from the certificate-of-need
50 review for the establishment of an open-heart-surgery program
51 when the application for exemption submitted under this
52 paragraph complies with the following criteria:
53 a. The applicant must certify that it will meet and
54 continuously maintain the minimum licensure requirements adopted
55 by the agency governing adult open-heart programs, including the
56 most current guidelines of the American College of Cardiology
57 and American Heart Association Guidelines for Adult Open Heart
58 Programs.
59 b. The applicant must certify that it will maintain
60 sufficient appropriate equipment and health personnel to ensure
61 quality and safety.
62 c. The applicant must certify that it will maintain
63 appropriate times of operation and protocols to ensure
64 availability and appropriate referrals in the event of
65 emergencies.
66 d. The applicant can demonstrate that it has discharged at
67 least 300 inpatients with a principal diagnosis of ischemic
68 heart disease for the most recent 12-month period as reported to
69 the agency.
70 e. The applicant is a general acute care hospital that is
71 in operation for 3 years or more.
72 f. The applicant is performing more than 300 diagnostic
73 cardiac catheterization procedures per year, combined inpatient
74 and outpatient.
75 g. The applicant’s payor mix at a minimum reflects the
76 community average for Medicaid, charity care, and self-pay
77 patients or the applicant must certify that it will provide a
78 minimum of 5 percent of Medicaid, charity care, and self-pay to
79 open-heart-surgery patients.
80 h. If the applicant fails to meet the established criteria
81 for open-heart programs or fails to reach 300 surgeries per year
82 by the end of its third year of operation, it must show cause
83 why its exemption should not be revoked.
84 3. By December 31, 2004, and annually thereafter, the
85 agency shall submit a report to the Legislature providing
86 information concerning the number of requests for exemption it
87 has received under this paragraph during the calendar year and
88 the number of exemptions it has granted or denied during the
89 calendar year.
90
91 ================= T I T L E A M E N D M E N T ================
92 And the title is amended as follows:
93 Delete line 145
94 and insert:
95 facility; deleting a requirement that the agency
96 submit a report to the Legislature providing
97 information concerning the number of requests it
98 receives for an exemption from certificate-of-need
99 review; amending s. 408.043, F.S.; revising