Florida Senate - 2014                      CS for CS for SB 1276
       By the Committees on Appropriations; and Health Policy; and
       Senator Grimsley
       576-04213-14                                          20141276c2
    1                        A bill to be entitled                      
    2         An act relating to trauma service centers; amending s.
    3         395.401, F.S.; limiting trauma service fees to a
    4         certain amount; providing for future expiration;
    5         amending s. 395.402, F.S.; requiring the Department of
    6         Health to convene the Florida Trauma System Plan
    7         Advisory Council by a specified date; requiring the
    8         Florida Trauma System Plan Advisory Council to review
    9         the Trauma System Consultation Report and make
   10         recommendations to the Legislature by a specified
   11         date; authorizing the Florida Trauma System Plan
   12         Advisory Council to make recommendations to the State
   13         Surgeon General; designating the membership of the
   14         advisory council; amending s. 395.4025, F.S.; deleting
   15         a provision relating to the procedure for protesting
   16         an application decision by the department; conforming
   17         cross-references; authorizing certain provisional and
   18         verified trauma centers to continue operating and to
   19         apply for renewal; restricting the department from
   20         verifying, designating, or provisionally approving
   21         hospitals as trauma centers; providing for future
   22         expiration; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Present paragraphs (k) through (o) of subsection
   27  (1) of section 395.401, Florida Statutes, are redesignated as
   28  paragraphs (l) through (p), respectively, and a new paragraph
   29  (k) is added to that subsection, to read:
   30         395.401 Trauma services system plans; approval of trauma
   31  centers and pediatric trauma centers; procedures; renewal.—
   32         (1)
   33         (k) No hospital operating a trauma center may charge a
   34  trauma activation fee greater than $15,000. This paragraph
   35  expires on July 1, 2015.
   36         Section 2. Subsection (5) is added to section 395.402,
   37  Florida Statutes, to read:
   38         395.402 Trauma service areas; number and location of trauma
   39  centers.—
   40         (5)No later than October 1, 2014, the department must
   41  convene the Florida Trauma System Plan Advisory Council in order
   42  to review the Trauma System Consultation Report issued by the
   43  American College of Surgeons Committee on Trauma dated February
   44  2-5, 2013. Based on this review, the advisory council must
   45  submit recommendations, including recommended statutory changes,
   46  to the President of the Senate and the Speaker of the House of
   47  Representatives by February 1, 2015. The advisory council may
   48  make recommendations to the State Surgeon General regarding the
   49  continuing development of the Florida trauma system. The
   50  advisory council will consist of nine representatives of an
   51  inclusive trauma system appointed by the State Surgeon General.
   52  These nine representatives must be as follows:
   53         (a)A trauma patient, or a family member of a trauma
   54  patient, who has sustained and recovered from severe injuries;
   55         (b)A member of the Florida Committee on Trauma;
   56         (c)A member of the Association of Florida Trauma
   57  Coordinators;
   58         (d)A CEO of a nontrauma, acute care hospital who is a
   59  member of the Florida Hospital Association;
   60         (e)A member of the Florida Emergency Medical Services
   61  Advisory Council;
   62         (f)A member of the Florida Injury Prevention Advisory
   63  Council;
   64         (g)A member of the Brain and Spinal Cord Injury Program
   65  Advisory Council;
   66         (h)A member of the Florida Chamber of Commerce; and
   67         (i)A member of the Florida Health Insurance Advisory
   68  Board.
   69         Section 3. Present subsections (8) through (12) of section
   70  395.4025, Florida Statutes, are redesignated as subsections (7)
   71  through (11), respectively, paragraph (d) of subsection (2) and
   72  present subsection (7) of that section are amended, present
   73  subsections (13) and (14) of that section are redesignated as
   74  subsections (12) and (13), respectively, and amended, and new
   75  subsections (14) and (15) are added to that section, to read:
   76         395.4025 Trauma centers; selection; quality assurance;
   77  records.—
   78         (2)
   79         (d)1. Notwithstanding other provisions in this section, the
   80  department may grant up to an additional 18 months to a hospital
   81  applicant that is unable to meet all requirements as provided in
   82  paragraph (c) at the time of application if the number of
   83  applicants in the service area in which the applicant is located
   84  is equal to or less than the service area allocation, as
   85  provided by rule of the department. An applicant that is granted
   86  additional time under pursuant to this paragraph shall submit a
   87  plan for departmental approval which includes timelines and
   88  activities that the applicant proposes to complete in order to
   89  meet application requirements. An Any applicant that
   90  demonstrates an ongoing effort to complete the activities within
   91  the timelines outlined in the plan shall be included in the
   92  number of trauma centers at such time that the department has
   93  conducted a provisional review of the application and has
   94  determined that the application is complete and that the
   95  hospital has the critical elements required for a trauma center.
   96         2. Timeframes provided in subsections (1)-(7) (1)-(8) shall
   97  be stayed until the department determines that the application
   98  is complete and that the hospital has the critical elements
   99  required for a trauma center.
  100         (7) Any hospital that wishes to protest a decision made by
  101  the department based on the department’s preliminary or in-depth
  102  review of applications or on the recommendations of the site
  103  visit review team pursuant to this section shall proceed as
  104  provided in chapter 120. Hearings held under this subsection
  105  shall be conducted in the same manner as provided in ss. 120.569
  106  and 120.57. Cases filed under chapter 120 may combine all
  107  disputes between parties.
  108         (12)(13) The department may adopt, by rule, the procedures
  109  and process by which it will select trauma centers. Such
  110  procedures and process must be used in annually selecting trauma
  111  centers and must be consistent with subsections (1)-(7) (1)-(8)
  112  except in those situations in which it is in the best interest
  113  of, and mutually agreed to by, all applicants within a service
  114  area and the department to reduce the timeframes.
  115         (13)(14) Notwithstanding the procedures established
  116  pursuant to subsections (1)-(12) (1) through (13), hospitals
  117  located in areas with limited access to trauma center services
  118  shall be designated by the department as Level II trauma centers
  119  based on documentation of a valid certificate of trauma center
  120  verification from the American College of Surgeons. Areas with
  121  limited access to trauma center services are defined by the
  122  following criteria:
  123         (a) The hospital is located in a trauma service area with a
  124  population greater than 600,000 persons but a population density
  125  of less than 225 persons per square mile;
  126         (b) The hospital is located in a county with no verified
  127  trauma center; and
  128         (c) The hospital is located at least 15 miles or 20 minutes
  129  travel time by ground transport from the nearest verified trauma
  130  center.
  131         (14)Notwithstanding any other law, a hospital designated
  132  as a provisional or verified as a Level I, Level II, or
  133  pediatric trauma center after the enactment of chapter 2004-259,
  134  Laws of Florida, whose approval has not been revoked may
  135  continue to operate at the same trauma center level as a Level
  136  I, Level II, or pediatric trauma center until the approval
  137  period in subsection (6) expires, as long as the hospital
  138  continues to meet the other requirements of part II of this
  139  chapter, related to trauma center standards and patient
  140  outcomes. Any hospital that meets the requirements of this
  141  section is eligible for renewal of its 7-year approval period
  142  pursuant to subsection (6).
  143         (15) The department may not verify, designate, or
  144  provisionally approve any hospital to operate as a trauma center
  145  through the procedures established in subsections (1)-(13). This
  146  subsection expires July 1, 2015.
  147         Section 4. This act shall take effect July 1, 2014.