Florida Senate - 2014                             CS for SB 1276
       By the Committee on Health Policy; and Senator Grimsley
       588-03229-14                                          20141276c1
    1                        A bill to be entitled                      
    2         An act relating to trauma service centers; amending s.
    3         395.401, F.S.; restricting trauma service fees to
    4         $15,000 until July 1, 2015; amending s. 395.402, F.S.;
    5         requiring the Department of Health to convene the
    6         Florida Trauma System Plan Advisory Council by October
    7         1, 2014; requiring the Florida Trauma System Plan
    8         Advisory Council to review the Trauma System
    9         Consultation Report and make recommendations to the
   10         Legislature by February 1, 2015; amending s. 395.4025,
   11         F.S.; deleting a provision relating to the procedure
   12         for protesting an application decision by the
   13         department; conforming cross-references; requiring the
   14         department to redesignate certain hospitals as Level
   15         II trauma centers; restricting the department from
   16         verifying, designating, or provisionally approving
   17         hospitals as trauma centers until July 1, 2015;
   18         providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Present paragraphs (k) through (o) of subsection
   23  (1) of section 395.401, Florida Statutes, are redesignated as
   24  paragraphs (l) through (p), respectively, and a new paragraph
   25  (k) is added to that subsection, to read:
   26         395.401 Trauma services system plans; approval of trauma
   27  centers and pediatric trauma centers; procedures; renewal.—
   28         (1)
   29         (k) No hospital operating a trauma center may charge a
   30  trauma activation fee greater than $15,000. This paragraph
   31  expires on July 1, 2015.
   32         Section 2. Subsection (5) is added to section 395.402,
   33  Florida Statutes, to read:
   34         395.402 Trauma service areas; number and location of trauma
   35  centers.—
   36         (5)No later than October 1, 2014, the department must
   37  convene the Florida Trauma System Plan Advisory Council in order
   38  to review the Trauma System Consultation Report issued by the
   39  American College of Surgeons Committee on Trauma dated February
   40  2-5, 2013. Based on this review, the advisory council must
   41  submit recommendations, including recommended statutory changes,
   42  to the President of the Senate and the Speaker of the House of
   43  Representatives by February 1, 2015.
   44         Section 3. Present subsections (8) through (12) of section
   45  395.4025, Florida Statutes, are redesignated as subsections (7)
   46  through (11), respectively, paragraph (d) of subsection (2) and
   47  present subsection (7) of that section are amended, present
   48  subsections (13) and (14) of that section are redesignated as
   49  subsections (12) and (13), respectively, and amended, and a new
   50  subsection (14) and subsection (15) are added to that section,
   51  to read:
   52         395.4025 Trauma centers; selection; quality assurance;
   53  records.—
   54         (2)
   55         (d)1. Notwithstanding other provisions in this section, the
   56  department may grant up to an additional 18 months to a hospital
   57  applicant that is unable to meet all requirements as provided in
   58  paragraph (c) at the time of application if the number of
   59  applicants in the service area in which the applicant is located
   60  is equal to or less than the service area allocation, as
   61  provided by rule of the department. An applicant that is granted
   62  additional time under pursuant to this paragraph shall submit a
   63  plan for departmental approval which includes timelines and
   64  activities that the applicant proposes to complete in order to
   65  meet application requirements. An Any applicant that
   66  demonstrates an ongoing effort to complete the activities within
   67  the timelines outlined in the plan shall be included in the
   68  number of trauma centers at such time that the department has
   69  conducted a provisional review of the application and has
   70  determined that the application is complete and that the
   71  hospital has the critical elements required for a trauma center.
   72         2. Timeframes provided in subsections (1)-(7) (1)-(8) shall
   73  be stayed until the department determines that the application
   74  is complete and that the hospital has the critical elements
   75  required for a trauma center.
   76         (7) Any hospital that wishes to protest a decision made by
   77  the department based on the department’s preliminary or in-depth
   78  review of applications or on the recommendations of the site
   79  visit review team pursuant to this section shall proceed as
   80  provided in chapter 120. Hearings held under this subsection
   81  shall be conducted in the same manner as provided in ss. 120.569
   82  and 120.57. Cases filed under chapter 120 may combine all
   83  disputes between parties.
   84         (12)(13) The department may adopt, by rule, the procedures
   85  and process by which it will select trauma centers. Such
   86  procedures and process must be used in annually selecting trauma
   87  centers and must be consistent with subsections (1)-(7) (1)-(8)
   88  except in those situations in which it is in the best interest
   89  of, and mutually agreed to by, all applicants within a service
   90  area and the department to reduce the timeframes.
   91         (13)(14) Notwithstanding the procedures established
   92  pursuant to subsections (1)-(12) through (13), hospitals located
   93  in areas with limited access to trauma center services shall be
   94  designated by the department as Level II trauma centers based on
   95  documentation of a valid certificate of trauma center
   96  verification from the American College of Surgeons. Areas with
   97  limited access to trauma center services are defined by the
   98  following criteria:
   99         (a) The hospital is located in a trauma service area with a
  100  population greater than 600,000 persons but a population density
  101  of less than 225 persons per square mile;
  102         (b) The hospital is located in a county with no verified
  103  trauma center; and
  104         (c) The hospital is located at least 15 miles or 20 minutes
  105  travel time by ground transport from the nearest verified trauma
  106  center.
  107         (14) If a hospital has operated continuously as a Level II
  108  trauma center for a consecutive 12-month period and is in
  109  operation on July 1, 2014, the department shall within 30 days
  110  after a request by the hospital, verify or designate such a
  111  hospital as a Level II trauma center if such hospital has met
  112  the requirements of subsections (5) and (6) with regard to
  113  quality of care and patient outcomes. A hospital that meets the
  114  requirements of this section shall be eligible for renewal of
  115  the 7-year approval period as provided in subsection (6).
  116         (15) The department may not verify, designate, or
  117  provisionally approve any hospital to operate as a trauma center
  118  through the procedures established in subsections (1)-(13). This
  119  subsection expires July 1, 2015.
  120         Section 4. This act shall take effect July 1, 2014.