Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 626
       
       
       
       
       
       
                                Barcode 642032                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/27/2011 02:32 PM       .                                
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       Senator Thrasher moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1004.41, Florida Statutes, is amended to
    6  read:
    7         1004.41 University of Florida; J. Hillis Miller Health
    8  Center.—
    9         (1) There is established the J. Hillis Miller Health Center
   10  at the University of Florida, including campuses at Gainesville
   11  and Jacksonville and affiliated teaching hospitals, which shall
   12  include the following colleges:
   13         (a) College of Dentistry.
   14         (b) College of Public Health and Health Professions.
   15         (c) College of Medicine.
   16         (d) College of Nursing.
   17         (e) College of Pharmacy.
   18         (f) College of Veterinary Medicine and related teaching
   19  hospitals.
   20         (2) Each college of the health center shall be so
   21  maintained and operated as to comply with the standards approved
   22  by a nationally recognized association for accreditation.
   23         (3)(a) The University of Florida Health Center Operations
   24  and Maintenance Trust Fund shall be administered by the
   25  University of Florida Board of Trustees. Funds shall be credited
   26  to the trust fund from the sale of goods and services performed
   27  by the University of Florida Veterinary Medicine Teaching
   28  Hospital. The purpose of the trust fund is to support the
   29  instruction, research, and service missions of the University of
   30  Florida College of Veterinary Medicine.
   31         (b) Notwithstanding the provisions of s. 216.301, and
   32  pursuant to s. 216.351, any balance in the trust fund at the end
   33  of any fiscal year shall remain in the trust fund and shall be
   34  available for carrying out the purposes of the trust fund.
   35         (4)(a) The University of Florida Board of Trustees shall
   36  lease the hospital facilities of the health center known as the
   37  Shands Teaching Hospital and Clinics on the Gainesville campus
   38  of the University of Florida and all furnishings, equipment, and
   39  other chattels or choses in action used in the operation of
   40  Shands Teaching Hospital and Clinics the hospital, to Shands
   41  Teaching Hospital and Clinics, Inc., a private not-for-profit
   42  corporation organized solely for the primary purpose of
   43  supporting the University of Florida Board of Trustees’ health
   44  affairs mission of community service and patient care, education
   45  and training of health professionals, and clinical research. In
   46  furtherance of that primary purpose, Shands Teaching Hospital
   47  and Clinics, Inc., shall operate operating the hospital and
   48  ancillary health care facilities as deemed of the health center
   49  and other health care facilities and programs determined to be
   50  necessary by the board of Shands Teaching Hospital and Clinics,
   51  Inc. the nonprofit corporation. The rental for the hospital
   52  facilities shall be an amount equal to the debt service on bonds
   53  or revenue certificates issued solely for capital improvements
   54  to the hospital facilities or as otherwise provided by law.
   55         (b) The University of Florida Board of Trustees shall
   56  provide in the lease or by separate contract or agreement with
   57  Shands Teaching Hospital and Clinics, Inc., the not-for-profit
   58  corporation for the following:
   59         1. Approval of the articles of incorporation of Shands
   60  Teaching Hospital and Clinics, Inc., the not-for-profit
   61  corporation by the University of Florida Board of Trustees.
   62         2.and the Governance of Shands Teaching Hospital and
   63  Clinics, Inc., the not-for-profit corporation by a board of
   64  directors appointed, subject to removal, and chaired by the
   65  President of the University of Florida, or his or her designee,
   66  and vice chaired by the Vice President for Health Affairs of the
   67  University of Florida or his or her designee.
   68         3.2.The Use of hospital facilities and personnel in
   69  support of community service and patient care, the research
   70  programs, and of the teaching roles role of the health center.
   71         4.3.The Continued recognition of the collective bargaining
   72  units and collective bargaining agreements as currently composed
   73  and recognition of the certified labor organizations
   74  representing those units and agreements.
   75         5.4.The Use of hospital facilities and personnel in
   76  connection with research programs conducted by the health
   77  center.
   78         6.5. Reimbursement to Shands Teaching Hospital and Clinics,
   79  Inc., the hospital for indigent patients, state-mandated
   80  programs, underfunded state programs, and costs to Shands
   81  Teaching Hospital and Clinics, Inc., the hospital for support of
   82  the teaching and research programs of the health center. Such
   83  reimbursement shall be appropriated to either the health center
   84  or Shands Teaching Hospital and Clinics, Inc., the hospital each
   85  year by the Legislature after review and approval of the request
   86  for funds.
   87         7. Audit of the financial statements of Shands Teaching
   88  Hospital and Clinics, Inc., in accordance with generally
   89  accepted accounting principles as prescribed by the Governmental
   90  Accounting Standards Board for a separate corporation affiliated
   91  with a government entity that holds a voting majority interest
   92  of the affiliated corporation’s governing board. The financial
   93  statements shall be provided to the University of Florida Board
   94  of Trustees for attachment to its audited financial statement
   95  which is provided to the Auditor General. The University of
   96  Florida may obtain additional financial information from Shands
   97  Teaching Hospital and Clinics, Inc., upon request by the Auditor
   98  General. This subparagraph applies equally to any not-for-profit
   99  subsidiary of Shands Teaching Hospitals and Clinics, Inc., which
  100  directly delivers health care services and also qualifies as an
  101  instrumentality of the state under the governance control and
  102  the primary purpose standards specified in this section.
  103         (c) The University of Florida Board of Trustees may, with
  104  the approval of the Legislature, increase the hospital
  105  facilities or remodel or renovate them if, provided that the
  106  rental paid by Shands Teaching Hospital and Clinics, Inc., the
  107  hospital for such new, remodeled, or renovated facilities is
  108  sufficient to amortize the costs thereof over a reasonable
  109  period of time or fund the debt service for any bonds or revenue
  110  certificates issued to finance such improvements.
  111         (d) The University of Florida Board of Trustees may is
  112  authorized to provide to Shands Teaching Hospital and Clinics,
  113  Inc., the not-for-profit corporation leasing the hospital
  114  facilities and its not-for-profit subsidiaries and affiliates,
  115  and any successor corporation that acts in support of the board
  116  of trustees, comprehensive general liability insurance,
  117  including professional liability, from a self-insurance trust
  118  program established pursuant to s. 1004.24.
  119         (e) Shands Teaching Hospital and Clinics, Inc., in support
  120  of the health affairs mission of the University of Florida Board
  121  of Trustees and with the board’s prior approval, may create or
  122  have created either for-profit or not-for-profit subsidiaries
  123  and affiliates, or both. The University of Florida Board of
  124  Trustees, which may act through the president of the university
  125  or his or her designee, may control Shands Teaching Hospital and
  126  Clinics, Inc. For purposes of sovereign immunity pursuant to s.
  127  768.28(2), Shands Teaching Hospital and Clinics, Inc., and any
  128  not-for-profit subsidiary which directly delivers health care
  129  services and whose governing board is chaired by the president
  130  of the university or his or her designee and is controlled by
  131  the University of Florida Board of Trustees, which may act
  132  through the president of the university or his or her designee
  133  and whose primary purpose is the support of the University of
  134  Florida Board of Trustees’ health affairs mission, shall be
  135  conclusively deemed a corporation primarily acting as an
  136  instrumentality of the state.
  137         (f)(e)  In the event that the lease of Shands Teaching
  138  Hospital and Clinics the hospital facilities to Shands Teaching
  139  Hospital and Clinics, Inc., the not-for-profit corporation is
  140  terminated for any reason, the University of Florida Board of
  141  Trustees shall resume management and operation of Shands
  142  Teaching Hospital and Clinics the hospital facilities. In such
  143  event, the University of Florida Board of Trustees may use is
  144  authorized to utilize revenues generated from the operation of
  145  Shands Teaching Hospital and Clinics the hospital facilities to
  146  pay the costs and expenses of operating the hospital facility
  147  for the remainder of the fiscal year in which such termination
  148  occurs.
  149         (5)(a) Shands Jacksonville Medical Center, Inc., and its
  150  parent, Shands Jacksonville HealthCare, Inc., are private not
  151  for-profit corporations organized primarily to support the
  152  health affairs mission of the University of Florida Board of
  153  Trustees in community service and patient care, education and
  154  training of health affairs professionals, and clinical research.
  155  Shands Jacksonville Medical Center, Inc., is a teaching hospital
  156  affiliated with the University of Florida Board of Trustees and
  157  is located, in part, on the Jacksonville Campus of the
  158  University of Florida. Shands Jacksonville Medical Center, Inc.,
  159  and Shands Jacksonville HealthCare, Inc., in support of the
  160  health affairs mission of the University of Florida Board of
  161  Trustees and with its prior approval, may create or have created
  162  either for-profit or not-for-profit subsidiaries or affiliates,
  163  or both.
  164         (b) The University of Florida Board of Trustees shall
  165  provide in the lease or by separate contract or agreement with
  166  Shands Jacksonville Medical Center, Inc., and Shands
  167  Jacksonville HealthCare, Inc., for the following:
  168         1. Approval of the articles of incorporation of Shands
  169  Jacksonville Medical Center, Inc., and of Shands Jacksonville
  170  HealthCare, Inc., by the University of Florida Board of
  171  Trustees, which may act through the president of the university
  172  or his or her designee. In approving the articles of
  173  incorporation of Shands Jacksonville Medical Center, Inc., and
  174  of Shands Jacksonville HealthCare, Inc., the president of the
  175  university, or his or her designee, may act as the chair of the
  176  board of directors, or the president of the university or his or
  177  her designee or members of the University of Florida Board of
  178  Trustees may act as the approving body of Shands Jacksonville
  179  Medical Center, Inc., or Shands Jacksonville HealthCare, Inc.
  180         2. Governance of Shands Jacksonville Medical Center, Inc.,
  181  and of Shands Jacksonville HealthCare, Inc., by boards of
  182  directors appointed, subject to removal, and chaired by the
  183  President of the University of Florida, or his or her designee.
  184  One director of each board may be so appointed after being
  185  nominated by the mayor of the City of Jacksonville subject to
  186  the applicable standards for directors of such board. If there
  187  is a vice chair of the board of directors of Shands Jacksonville
  188  Medical Center, Inc., or Shands Jacksonville HealthCare, Inc.,
  189  the Vice President for Health Affairs of the University of
  190  Florida, or his or her designee or the designee of the president
  191  of the university, shall hold that position.
  192         3. Use of the Shands Jacksonville Medical Center, Inc.,
  193  hospital facilities and personnel in support of community
  194  service and patient care, research programs, and the teaching
  195  roles of the health center of the University of Florida Board of
  196  Trustees.
  197         4. Reimbursement to Shands Jacksonville Medical Center,
  198  Inc., for indigent patients, state-mandated programs,
  199  underfunded state programs, and costs to the not-for-profit
  200  corporation for support of the teaching and research programs of
  201  the health center. Such reimbursement shall be appropriated to
  202  either the health center or the not-for-profit corporation each
  203  year by the Legislature after review and approval of the request
  204  for funds.
  205         5. Audit of the financial statements of Shands Jacksonville
  206  Medical Center, Inc., and Shands Jacksonville HealthCare, Inc.,
  207  in accordance with generally accepted accounting principles as
  208  prescribed by the Governmental Accounting Standards Board for a
  209  separate corporation affiliated with a government entity that
  210  holds a voting majority interest of the affiliated corporation’s
  211  governing board. The financial statements shall be provided to
  212  the University of Florida Board of Trustees for attachment to
  213  its audited financial statement which is provided to the Auditor
  214  General. The University of Florida may obtain additional
  215  financial information from Shands Jacksonville Medical Center,
  216  Inc., and Shands Jacksonville HealthCare, Inc., upon request by
  217  the Auditor General. This subparagraph applies equally to any
  218  not-for-profit subsidiary which directly delivers health care
  219  services and also qualifies as an instrumentality of the state
  220  under the governance control and primary purpose standards
  221  specified in this section.
  222         (c) The University of Florida Board of Trustees, which may
  223  act through the president of the university or his or her
  224  designee, may control Shands Jacksonville Medical Center, Inc.,
  225  and Shands Jacksonville HealthCare, Inc.
  226         (d) For purposes of sovereign immunity pursuant to s.
  227  768.28(2), Shands Jacksonville Medical Center, Inc., Shands
  228  Jacksonville HealthCare, Inc., and any not-for-profit subsidiary
  229  which directly delivers health care services and whose governing
  230  board is chaired by the President of the University of Florida
  231  or his or her designee and is controlled by the University of
  232  Florida Board of Trustees, which may act through the president
  233  of the university or his or designee and whose primary purpose
  234  is the support of the University of Florida Board of Trustees’
  235  health affairs mission, shall be conclusively deemed
  236  corporations primarily acting as instrumentalities of the state.
  237         (e)(f) The University of Florida Board of Trustees may is
  238  authorized to provide to Shands Jacksonville HealthCare, Inc.,
  239  and Shands Jacksonville Medical Center, Inc., and any of their
  240  its not-for-profit subsidiaries and affiliates and any successor
  241  corporation that acts in support of the board of trustees,
  242  comprehensive general liability coverage, including professional
  243  liability, from the self-insurance programs established pursuant
  244  to s. 1004.24.
  245         Section 2. This act shall take effect July 1, 2011, and
  246  shall apply to causes of action accruing on or after July 1,
  247  2011.
  248  
  249  
  250  ================= T I T L E  A M E N D M E N T ================
  251         And the title is amended as follows:
  252         Delete everything before the enacting clause
  253  and insert:
  254                        A bill to be entitled                      
  255         An act relating to the University of Florida J. Hillis
  256         Miller Health Center; amending s. 1004.41, F.S.;
  257         correcting the name of one of the health center’s
  258         colleges; specifying that the University of Florida
  259         Board of Trustees shall lease Shands Teaching Hospital
  260         and Clinics on the Gainesville campus to Shands
  261         Teaching Hospital and Clinics, Inc.; specifying the
  262         primary purpose of Shands Teaching Hospital and
  263         Clinics, Inc.; providing requirements for lease,
  264         contract, or agreement between the University of
  265         Florida Board of Trustees and Shands Teaching Hospital
  266         and Clinics, Inc.; authorizing the creation of
  267         corporate subsidiaries and affiliates; providing the
  268         right of control; providing for sovereign immunity;
  269         providing that Shands Jacksonville Medical Center,
  270         Inc., and its parent, Shands Jacksonville HealthCare,
  271         Inc., are private not-for-profit corporations
  272         organized primarily to support the health affairs
  273         mission of the University of Florida Board of
  274         Trustees; authorizing the creation of corporate
  275         subsidiaries and affiliates; providing requirements
  276         for lease, contract, or agreement between the
  277         University of Florida Board of Trustees and the
  278         corporations; providing the right of control;
  279         providing for sovereign immunity; providing for
  280         application; providing an effective date.