Bill Text: FL S0232 | 2017 | Regular Session | Introduced
Bill Title: Health Care Facilities
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Health Policy [S0232 Detail]
Download: Florida-2017-S0232-Introduced.html
Florida Senate - 2017 SB 232 By Senator Grimsley 26-00118-17 2017232__ 1 A bill to be entitled 2 An act relating to health care facilities; amending s. 3 395.003, F.S.; requiring that, as a condition of 4 initial licensure and license renewal, ambulatory 5 surgical centers provide at least the same amount of 6 services to Medicare and Medicaid patients and 7 patients who qualify for charity care as certain other 8 licensed providers; requiring ambulatory surgical 9 centers to report certain data; defining a term for 10 purposes of a subsection; requiring ambulatory 11 surgical centers to comply with certain building and 12 lifesafety codes in certain circumstances; amending s. 13 395.6025, F.S.; revising the circumstances under which 14 statutory rural hospitals and operators of rural 15 hospitals are not required to obtain a certificate of 16 need for the construction of a replacement rural 17 hospital; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Present subsections (6) through (10) of section 22 395.003, Florida Statutes, are redesignated as subsections (7) 23 through (11), respectively, a new subsection (6) is added to 24 that section, and present subsections (9) and (10) of that 25 section are amended, to read: 26 395.003 Licensure; denial, suspension, and revocation.— 27 (6) As a condition of initial licensure and license 28 renewal, an ambulatory surgical center must provide services to 29 Medicare patients, Medicaid patients, and patients who qualify 30 for charity care in an amount equal to or greater than the 31 applicable district average among licensed providers of similar 32 services. Ambulatory surgical centers shall report the same data 33 required to be reported to the agency by hospitals under s. 34 408.061 or otherwise published for hospitals by the agency. For 35 purposes of this subsection, the term “charity care” means 36 uncompensated care delivered to uninsured patients with incomes 37 at or below 200 percent of the federal poverty level when such 38 services are preauthorized by the licensed providers and are not 39 subject to collection procedures. An ambulatory surgical center 40 that does not discharge a patient until after midnight of the 41 day of the patient’s procedure shall comply with the same 42 building codes and lifesafety codes that apply to a hospital. 43 (10)(9)A hospital licensed as of June 1, 2004, shall be 44 exempt from subsection (9)(8)as long as the hospital maintains 45 the same ownership, facility street address, and range of 46 services that were in existence on June 1, 2004. Any transfer of 47 beds, or other agreements that result in the establishment of a 48 hospital or hospital services within the intent of this section, 49 shall be subject to subsection (9)(8). Unless the hospital is 50 otherwise exempt under subsection (9)(8), the agency shall deny 51 or revoke the license of a hospital that violates any of the 52 criteria set forth in that subsection. 53 (11)(10)The agency may adopt rules implementing the 54 licensure requirements set forth in subsection (9)(8). Within 55 14 days after rendering its decision on a license application or 56 revocation, the agency shall publish its proposed decision in 57 the Florida Administrative Register. Within 21 days after 58 publication of the agency’s decision, any authorized person may 59 file a request for an administrative hearing. In administrative 60 proceedings challenging the approval, denial, or revocation of a 61 license pursuant to subsection (9)(8), the hearing must be 62 based on the facts and law existing at the time of the agency’s 63 proposed agency action. Existing hospitals may initiate or 64 intervene in an administrative hearing to approve, deny, or 65 revoke licensure under subsection (9)(8)based upon a showing 66 that an established program will be substantially affected by 67 the issuance or renewal of a license to a hospital within the 68 same district or service area. 69 Section 2. Section 395.6025, Florida Statutes, is amended 70 to read: 71 395.6025 Rural hospital replacement facilities. 72 Notwithstanding s. 408.036, a hospital defined as a statutory 73 rural hospital in accordance with s. 395.602, or ana not-for74profitoperator of rural hospitals, is not required to obtain a 75 certificate of need for the construction of a replacementnew76 hospital located in a county with a populationof at least7715,000 but no more than 18,000 and adensity of fewer than 100 7830persons per square mile,or a replacement facility,provided 79 that the replacement, or new,facility is not located within 15 8010miles of the site of athecurrently licensedruralhospital 81 in an adjacent countyand within the current primary service82area.As used in this section, the term “service area” means the83fewest number of zip codes that account for 75 percent of the84hospital’s discharges for the most recent 5-year period, based85on information available from the hospital inpatient discharge86database in the Florida Center for Health Information and87Transparencyat the Agency for Health Care Administration.88 Section 3. This act shall take effect July 1, 2017.