Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1276
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (k), (l), (m), (n), and (o) of
    6  subsection (1) of section 395.401, Florida Statutes, are
    7  redesignated as paragraphs (l), (m), (n), (o), and (p),
    8  respectively, and paragraph (k) is added to that subsection, to
    9  read:
   10         395.401 Trauma services system plans; approval of trauma
   11  centers and pediatric trauma centers; procedures; renewal.—
   12         (1)
   13         (k) No hospital operating a trauma center may charge a
   14  trauma activation fee greater than $15,000. This paragraph
   15  expires on July 1, 2015.
   16         Section 2. Subsection (5) is added to section 395.402,
   17  Florida Statutes, to read:
   18         395.402 Trauma service areas; number and location of trauma
   19  centers.—
   20         (5) No later than October 1, 2014, the department must
   21  convene the Florida Trauma System Plan Advisory Council in order
   22  to review the Trauma System Consultation Report issued by the
   23  American College of Surgeons Committee on Trauma dated February
   24  2-5, 2013. Based on this review, the advisory council must
   25  submit recommendations, including recommended statutory changes,
   26  to the President of the Senate and the Speaker of the House of
   27  Representatives by February 1, 2015.
   28         Section 3. Present subsections (8) through (12) of section
   29  395.4025, Florida Statutes, are redesignated as subsections (7)
   30  through (11), respectively, paragraph (d) of subsection (2), and
   31  present subsection (7) of that section are amended, present
   32  subsections (13) and (14) of that section are redesignated as
   33  subsections (12) and (13), respectively, and amended, and a new
   34  subsections (14) and (15) are added to that section, to read:
   35         395.4025 Trauma centers; selection; quality assurance;
   36  records.—
   37         (2)
   38         (d)1. Notwithstanding other provisions in this section, the
   39  department may grant up to an additional 18 months to a hospital
   40  applicant that is unable to meet all requirements as provided in
   41  paragraph (c) at the time of application if the number of
   42  applicants in the service area in which the applicant is located
   43  is equal to or less than the service area allocation, as
   44  provided by rule of the department. An applicant that is granted
   45  additional time under pursuant to this paragraph shall submit a
   46  plan for departmental approval which includes timelines and
   47  activities that the applicant proposes to complete in order to
   48  meet application requirements. An Any applicant that
   49  demonstrates an ongoing effort to complete the activities within
   50  the timelines outlined in the plan shall be included in the
   51  number of trauma centers at such time that the department has
   52  conducted a provisional review of the application and has
   53  determined that the application is complete and that the
   54  hospital has the critical elements required for a trauma center.
   55         2. Timeframes provided in subsections (1)-(7) (8) shall be
   56  stayed until the department determines that the application is
   57  complete and that the hospital has the critical elements
   58  required for a trauma center.
   59         (7) Any hospital that wishes to protest a decision made by
   60  the department based on the department’s preliminary or in-depth
   61  review of applications or on the recommendations of the site
   62  visit review team pursuant to this section shall proceed as
   63  provided in chapter 120. Hearings held under this subsection
   64  shall be conducted in the same manner as provided in ss. 120.569
   65  and 120.57. Cases filed under chapter 120 may combine all
   66  disputes between parties.
   67         (12)(13) The department may adopt, by rule, the procedures
   68  and process by which it will select trauma centers. Such
   69  procedures and process must be used in annually selecting trauma
   70  centers and must be consistent with subsections (1)-(7) (8)
   71  except in those situations in which it is in the best interest
   72  of, and mutually agreed to by, all applicants within a service
   73  area and the department to reduce the timeframes.
   74         (13)(14) Notwithstanding the procedures established
   75  pursuant to subsections (1)-(12) through (13), hospitals located
   76  in areas with limited access to trauma center services shall be
   77  designated by the department as Level II trauma centers based on
   78  documentation of a valid certificate of trauma center
   79  verification from the American College of Surgeons. Areas with
   80  limited access to trauma center services are defined by the
   81  following criteria:
   82         (a) The hospital is located in a trauma service area with a
   83  population greater than 600,000 persons but a population density
   84  of less than 225 persons per square mile;
   85         (b) The hospital is located in a county with no verified
   86  trauma center; and
   87         (c) The hospital is located at least 15 miles or 20 minutes
   88  travel time by ground transport from the nearest verified trauma
   89  center.
   90         (14) If a hospital has operated continuously as a Level II
   91  trauma center for a consecutive 12-month period and is in
   92  operation on July 1, 2014, the department shall within 30 days
   93  after a request by the hospital, verify or designate such a
   94  hospital as a Level II trauma center if such hospital has met
   95  the requirements of subsections (5) and (6) with regard to
   96  quality of care and patient outcomes. A hospital that meets the
   97  requirements of this section shall be eligible for renewal of
   98  the 7-year approval period as provided in subsection (6).
   99         (15) The department may not verify, designate, or
  100  provisionally approve any hospital to operate as a trauma center
  101  through the procedures established in subsections (1)-(13). This
  102  subsection expires July 1, 2015.
  103         Section 4. This act shall take effect July 1, 2014.
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Delete everything before the enacting clause
  108  and insert:
  109                        A bill to be entitled                      
  110         An act relating to trauma service centers; amending s.
  111         395.401; restricting trauma service fees to $15,000
  112         until July 1, 2015; amending s. 395.402; requiring the
  113         Department of Health to convene the Trauma System Plan
  114         Advisory Council by October 1, 2014; requiring the
  115         Trauma System Plan Advisory Council to review the
  116         Trauma System Consultation Report and make
  117         recommendations to the Legislature by February 1,
  118         2015; amending s. 395.4025; deleting a provision
  119         relating to the procedure for protesting an
  120         application decision by the department; conforming
  121         cross-references; requiring the department to
  122         redesignate certain hospitals as Level II trauma
  123         centers; restricting the department from verifying
  124         designating, or provisionally approving hospitals as
  125         trauma centers until July 1, 2015; providing an
  126         effective date.