Bill Amendment: FL S0644 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Rural Emergency Hospitals
Status: 2024-05-29 - Chapter No. 2024-201 [S0644 Detail]
Download: Florida-2024-S0644-Senate_Committee_Amendment_454828.html
Bill Title: Rural Emergency Hospitals
Status: 2024-05-29 - Chapter No. 2024-201 [S0644 Detail]
Download: Florida-2024-S0644-Senate_Committee_Amendment_454828.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 644 Ì454828IÎ454828 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Health and Human Services (Simon) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (a) of subsection (3) of section 6 395.1041, Florida Statutes, is amended to read 7 395.1041 Access to and ensurance of emergency services; 8 transfers; patient rights; diversion programs; reports of 9 controlled substance overdoses.— 10 (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF 11 FACILITY OR HEALTH CARE PERSONNEL.— 12 (a) Every general hospital which has an emergency 13 department and every rural emergency hospital as defined in s. 14 395.607 shall provide emergency services and care for any 15 emergency medical condition when: 16 1. Any person requests emergency services and care; or 17 2. Emergency services and care are requested on behalf of a 18 person by: 19 a. An emergency medical services provider who is rendering 20 care to or transporting the person; or 21 b. Another hospital, when such hospital is seeking a 22 medically necessary transfer, except as otherwise provided in 23 this section. 24 Section 2. Paragraph (b) of subsection (2) of section 25 395.602, Florida Statutes, is amended to read: 26 395.602 Rural hospitals.— 27 (2) DEFINITIONS.—As used in this part, the term: 28 (b) “Rural hospital” means an acute care hospital licensed 29 under this chapter, having 100 or fewer licensed beds and an 30 emergency room, which is: 31 1. The sole provider within a county with a population 32 density of up to 100 persons per square mile; 33 2. An acute care hospital, in a county with a population 34 density of up to 100 persons per square mile, which is at least 35 30 minutes of travel time, on normally traveled roads under 36 normal traffic conditions, from any other acute care hospital 37 within the same county; 38 3. A hospital supported by a tax district or subdistrict 39 whose boundaries encompass a population of up to 100 persons per 40 square mile; 41 4. A hospital classified as a sole community hospital under 42 42 C.F.R. s. 412.92, regardless of the number of licensed beds; 43 5. A hospital with a service area that has a population of 44 up to 100 persons per square mile. As used in this subparagraph, 45 the term “service area” means the fewest number of zip codes 46 that account for 75 percent of the hospital’s discharges for the 47 most recent 5-year period, based on information available from 48 the hospital inpatient discharge database in the Florida Center 49 for Health Information and Transparency at the agency; or 50 6. A hospital designated as a critical access hospital, as 51 defined in s. 408.07. 52 53 Population densities used in this paragraph must be based upon 54 the most recently completed United States census.A hospital55that received funds under s. 409.9116 for a quarter beginning no56later than July 1, 2002, is deemed to have been and shall57continue to be a rural hospital from that date through June 30,582021, if the hospital continues to have up to 100 licensed beds59and an emergency room.An acute care hospital that has not 60 previously been designated as a rural hospital and that meets 61 the criteria of this paragraph shall be granted such designation 62 upon application, including supporting documentation, to the 63 agency. A hospital that was licensed as a rural hospital during 64 the 2010-2011 or 2011-2012 fiscal year shall continue to be a 65 rural hospital from the date of designation through June 30, 66 20312025, if the hospital continues to have up to 100 licensed 67 beds and an emergency room. 68 Section 3. Section 395.607, Florida Statutes, is created to 69 read: 70 395.607 Rural emergency hospitals.— 71 (1) As used in this section, the term: 72 (a) “Rural emergency hospital” means a rural hospital or 73 critical access hospital as those terms are defined in s. 408.07 74 designated by the agency as a rural emergency hospital under 75 this section. 76 (b) “Rural emergency services” means emergency services and 77 other care that does not require treatment for more than 24 78 hours, on average, provided in a rural emergency hospital; 79 observation care; and, at the election of the hospital, 80 outpatient services specified in regulations adopted by the 81 United States Secretary of Health and Human Services. 82 (2) A qualifying hospital may apply to the agency for 83 designation as a rural emergency hospital on a form adopted by 84 the agency. The agency may designate a hospital as a rural 85 emergency hospital if it demonstrates that it meets all of the 86 following criteria: 87 (a) Meets the requirements of the Consolidated 88 Appropriations Act of 2021, Pub. L. No. 116-260, and the 89 regulations adopted and guidance issued thereunder. 90 (b) Has no more than 50 beds. 91 (c) Can adequately provide rural emergency services in the 92 facility 24 hours a day and seven days a week. 93 (d) Is sufficiently staffed and equipped to provide rural 94 emergency services of the types indicated by the applicant. 95 (e) Has a transfer agreement in effect with a Level I or 96 Level II trauma center. 97 (3) Notwithstanding s. 395.002(12), a rural emergency 98 hospital is not required to offer acute inpatient care or care 99 beyond 24 hours, or to make available treatment facilities for 100 surgery, obstetrical care, or similar services in order to be 101 deemed a hospital as long as it maintains its designation as a 102 rural emergency hospital, and may be required to make such 103 services available only if it ceases to be designated as a rural 104 emergency hospital. 105 (4) The agency must suspend or revoke a rural emergency 106 hospital designation if at any time such a hospital fails to 107 meet the requirements of this section. 108 Section 4. This act shall take effect July 1, 2024. 109 110 ================= T I T L E A M E N D M E N T ================ 111 And the title is amended as follows: 112 Delete everything before the enacting clause 113 and insert: 114 A bill to be entitled 115 An act relating to rural emergency hospitals; amending 116 s. 395.1041, F.S.; subjecting rural emergency 117 hospitals to certain requirements for the provision of 118 emergency services and care; amending s. 395.602, 119 F.S.; revising the definition of the term “rural 120 hospital”; creating s. 395.607, F.S.; defining the 121 terms “rural emergency hospital” and “rural emergency 122 services”; authorizing qualifying hospitals to apply 123 to the Agency for Health Care Administration for 124 designation as a rural emergency hospital; specifying 125 requirements for such designation; exempting 126 designated rural emergency hospitals from certain 127 requirements for general hospitals; requiring the 128 agency to suspend or revoke a rural emergency 129 hospital’s designation if at any time it fails to meet 130 specified requirements; providing an effective date.