Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for SB 1292 Barcode 357232 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/09/2012 05:46 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bogdanoff moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 223 - 247 4 and insert: 5 Section 5. Paragraph (n) of subsection (3) of section 6 408.036, Florida Statutes, is amended to read: 7 408.036 Projects subject to review; exemptions.— 8 (3) EXEMPTIONS.—Upon request, the following projects are 9 subject to exemption from the provisions of subsection (1): 10 (n) For the provision of percutaneous coronary intervention 11 for patients presenting with emergency myocardial infarctions in 12 a hospital without an approved adult open-heart-surgery program. 13 In addition to any other documentation required by the agency, a 14 request for an exemption submitted under this paragraph must 15 comply with the following: 16 1. The applicant must certify that it will meet and 17 continuously maintain the requirements adopted by the agency for 18 the provision of these services. These licensure requirements 19 shall be adopted by rule pursuant to ss. 120.536(1) and 120.54 20 and must be consistent with the guidelines published by the 21 American College of Cardiology and the American Heart 22 Association for the provision of percutaneous coronary 23 interventions in hospitals without adult open-heart services. At 24 a minimum, the rules shall require the following: 25 a. Cardiologists must be experienced interventionalists who 26 have performed a minimum of 75 interventions within the previous 27 12 months. 28 b. The hospital must provide a minimum of 36 emergency 29 interventions annually in order to continue to provide the 30 service. 31 c. The hospital must offer sufficient physician, nursing, 32 and laboratory staff to provide the services 24 hours a day, 7 33 days a week. 34 d. Nursing and technical staff must have demonstrated 35 experience in handling acutely ill patients requiring 36 intervention based on previous experience in dedicated 37 interventional laboratories or surgical centers. 38 e. Cardiac care nursing staff must be adept in hemodynamic 39 monitoring and Intra-aortic Balloon Pump (IABP) management. 40 f. Formalized written transfer agreements must be developed 41 with a hospital with an adult open-heart-surgery program, and 42 written transport protocols must be in place to ensure safe and 43 efficient transfer of a patient within 60 minutes. Transfer and 44 transport agreements must be reviewed and tested, with 45 appropriate documentation maintained at least every 3 months. 46 However, a hospital located more than 100 road miles from the 47 closest Level II adult cardiovascular services program does not 48 need to meet the 60-minute transfer time protocol if the 49 hospital demonstrates that it has a formalized, written transfer 50 agreement with a hospital that has a Level II program. The 51 agreement must include written transport protocols to ensure the 52 safe and efficient transfer of a patient, taking into 53 consideration the patient’s clinical and physical 54 characteristics, road and weather conditions, and viability of 55 ground and air ambulance service to transfer the patient. 56 g. Hospitals implementing the service must first undertake 57 a training program of 3 to 6 months’ duration, which includes 58 establishing standards and testing logistics, creating quality 59 assessment and error management practices, and formalizing 60 patient-selection criteria. 61 2. The applicant must certify that it will use at all times 62 the patient-selection criteria for the performance of primary 63 angioplasty at hospitals without adult open-heart-surgery 64 programs issued by the American College of Cardiology and the 65 American Heart Association. At a minimum, these criteria would 66 provide for the following: 67 a. Avoidance of interventions in hemodynamically stable 68 patients who have identified symptoms or medical histories. 69 b. Transfer of patients who have a history of coronary 70 disease and clinical presentation of hemodynamic instability. 71 3. The applicant must agree to submit a quarterly report to 72 the agency detailing patient characteristics, treatment, and 73 outcomes for all patients receiving emergency percutaneous 74 coronary interventions pursuant to this paragraph. This report 75 must be submitted within 15 days after the close of each 76 calendar quarter. 77 4. The exemption provided by this paragraph does not apply 78 unless the agency determines that the hospital has taken all 79 necessary steps to be in compliance with all requirements of 80 this paragraph, including the training program required under 81 sub-subparagraph 1.g. 82 5. Failure of the hospital to continuously comply with the 83 requirements of sub-subparagraphs 1.c.-f. and subparagraphs 2. 84 and 3. will result in the immediate expiration of this 85 exemption. 86 6. Failure of the hospital to meet the volume requirements 87 of sub-subparagraphs 1.a. and b. within 18 months after the 88 program begins offering the service will result in the immediate 89 expiration of the exemption. 90 91 If the exemption for this service expires under subparagraph 5. 92 or subparagraph 6., the agency may not grant another exemption 93 for this service to the same hospital for 2 years and then only 94 upon a showing that the hospital will remain in compliance with 95 the requirements of this paragraph through a demonstration of 96 corrections to the deficiencies that caused expiration of the 97 exemption. Compliance with the requirements of this paragraph 98 includes compliance with the rules adopted pursuant to this 99 paragraph. 100 Section 6. Paragraph (b) of subsection (3) of section 101 408.0361, Florida Statutes, is amended to read: 102 408.0361 Cardiovascular services and burn unit licensure.— 103 (3) In establishing rules for adult cardiovascular 104 services, the agency shall include provisions that allow for: 105 (b) For a hospital seeking a Level I program, demonstration 106 that, for the most recent 12-month period as reported to the 107 agency, it has provided a minimum of 300 adult inpatient and 108 outpatient diagnostic cardiac catheterizations or, for the most 109 recent 12-month period, has discharged or transferred at least 110 300 inpatients with the principal diagnosis of ischemic heart 111 disease and that it has a formalized, written transfer agreement 112 with a hospital that has a Level II program, including written 113 transport protocols to ensure safe and efficient transfer of a 114 patient within 60 minutes. However, a hospital located more than 115 100 road miles from the closest Level II adult cardiovascular 116 services program does not need to meet the 60-minute transfer 117 time protocol if the hospital demonstrates that it has a 118 formalized, written transfer agreement with a hospital that has 119 a Level II program. The agreement must include written transport 120 protocols to ensure the safe and efficient transfer of a 121 patient, taking into consideration the patient’s clinical and 122 physical characteristics, road and weather conditions, and 123 viability of ground and air ambulance service to transfer the 124 patient. 125 126 ================= T I T L E A M E N D M E N T ================ 127 And the title is amended as follows: 128 Delete lines 20 - 27 129 and insert: 130 services; amending s. 408.036, F.S.; providing an 131 exception from certain requirements for exemption from 132 certificate-of-need review for hospitals providing 133 percutaneous coronary intervention for certain 134 patients; amending s. 408.0361, F.S.; providing an 135 exception from certain requirements for exemption from 136 certificate-of-need review for hospitals providing 137 cardiovascular services and burn unit services; 138 amending s.