Bill Text: FL S0626 | 2011 | Regular Session | Introduced
Bill Title: Shands Teaching Hospital and Clinics, Inc.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-04-27 - Read 2nd time -SJ 516, 522 [S0626 Detail]
Download: Florida-2011-S0626-Introduced.html
Florida Senate - 2011 SB 626 By Senator Thrasher 8-00457E-11 2011626__ 1 A bill to be entitled 2 An act relating to Shands Teaching Hospital and 3 Clinics, Inc.; amending s. 1004.41, F.S.; clarifying 4 provisions relating to references to the corporation 5 known as Shands Teaching Hospital and Clinics, Inc.; 6 clarifying provisions regarding the purpose of the 7 corporation; authorizing the corporation to create 8 corporate subsidiaries and affiliates; providing that 9 Shands Teaching Hospital and Clinics, Inc., Shands 10 Jacksonville Medical Center, Inc., Shands Jacksonville 11 Healthcare, Inc., and any not-for-profit subsidiary of 12 such entities are instrumentalities of the state for 13 purposes of sovereign immunity; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 1004.41, Florida Statutes, is amended to 19 read: 20 1004.41 University of Florida; J. Hillis Miller Health 21 Center.— 22 (1) There is established the J. Hillis Miller Health Center 23 at the University of Florida, including campuses at Gainesville 24 and Jacksonville and affiliated teaching hospitals, which shall 25 include the following colleges: 26 (a) College of Dentistry. 27 (b) College of Public Health and Health Professions. 28 (c) College of Medicine. 29 (d) College of Nursing. 30 (e) College of Pharmacy. 31 (f) College of Veterinary Medicine and related teaching 32 hospitals. 33 (2) Each college of the health center shall be so 34 maintained and operated as to comply with the standards approved 35 by a nationally recognized association for accreditation. 36 (3)(a) The University of Florida Health Center Operations 37 and Maintenance Trust Fund shall be administered by the 38 University of Florida Board of Trustees. Funds shall be credited 39 to the trust fund from the sale of goods and services performed 40 by the University of Florida Veterinary Medicine Teaching 41 Hospital. The purpose of the trust fund is to support the 42 instruction, research, and service missions of the University of 43 Florida College of Veterinary Medicine. 44 (b) Notwithstanding the provisions of s. 216.301, and 45 pursuant to s. 216.351, any balance in the trust fund at the end 46 of any fiscal year shall remain in the trust fund and shall be 47 available for carrying out the purposes of the trust fund. 48 (4)(a) The University of Florida Board of Trustees shall 49 lease the hospital facilities of the health center known as the 50 Shands Teaching Hospital and Clinics on the Gainesville campus 51 of the University of Florida and all furnishings, equipment, and 52 other chattels or choses in action used in the operation of the 53 hospital, to Shands Teaching Hospital and Clinics, Inc., a 54 private not-for-profit corporation organizedsolelyfor the 55 primary purpose of supportingoperatingthe University of 56 Florida Board of Trustees’ health affairs mission of community 57 service and patient care, education and training of health 58 professionals, and clinical research. In furtherance of that 59 primary purpose, Shands Teaching Hospital and Clinics, Inc., 60 shall operate the hospital and ancillary health care facilities 61 as deemedof the health center and other health care facilities62and programs determined to benecessary by the board of Shands 63 Teaching Hospital and Clinics, Inc.the nonprofit corporation.64 The rental for the hospital facilities shall be an amount equal 65 to the debt service on bonds or revenue certificates issued 66 solely for capital improvements to the hospital facilities or as 67 otherwise provided by law. 68 (b) The University of Florida Board of Trustees shall 69 provide in the lease or by separate contract or agreement with 70 Shands Teaching Hospital and Clinics, Inc.,the not-for-profit71corporationfor the following: 72 1. Approval of the articles of incorporation of Shands 73 Teaching Hospital and Clinics, Inc.,the not-for-profit74corporationby the University of Florida Board of Trustees and 75 the governance of thatthenot-for-profit corporation by a board 76 of directors appointed, subject to removal, and chaired by the 77 President of the University of Florida, or his or her designee, 78 and vice chaired by the Vice President for Health Affairs of the 79 University of Florida, or his or her designee. 80 2. The use of hospital facilities and personnel in support 81 of community service and patient care,theresearch programs, 82 andof theteaching rolesroleof the health center. 83 3. The continued recognition of the collective bargaining 84 units and collective bargaining agreements as currently composed 85 and recognition of the certified labor organizations 86 representing those units and agreements. 87 4. The use of hospital facilities and personnel in 88 connection with research programs conducted by the health 89 center. 90 5. Reimbursement to the hospital for indigent patients, 91 state-mandated programs, underfunded state programs, and costs 92 to the hospital for support of the teaching and research 93 programs of the health center. Such reimbursement shall be 94 appropriated to either the health center or the hospital each 95 year by the Legislature after review and approval of the request 96 for funds. 97 (c) The University of Florida Board of Trustees may, with 98 the approval of the Legislature, increase the hospital 99 facilities or remodel or renovate them, provided that the rental 100 paid by the hospital for such new, remodeled, or renovated 101 facilities is sufficient to amortize the costs thereof over a 102 reasonable period of time or fund the debt service for any bonds 103 or revenue certificates issued to finance such improvements. 104 (d) The University of Florida Board of Trustees is 105 authorized to provide to Shands Teaching Hospital and Clinics, 106 Inc.,the not-for-profit corporation leasing the hospital107facilitiesand its not-for-profit subsidiaries and affiliates 108 comprehensive general liability insurance including professional 109 liability from a self-insurance trust program established 110 pursuant to s. 1004.24. 111 (e) Shands Teaching Hospital and Clinics, Inc., may, in 112 support of the health affairs mission of the University of 113 Florida Board of Trustees and with its prior approval, create 114 for-profit or not-for-profit corporate subsidiaries and 115 affiliates, or both. The University of Florida Board of 116 Trustees, which may act through the President of the University 117 of Florida or his or her designee, has the right to control 118 Shands Teaching Hospital and Clinics, Inc. Shands Teaching 119 Hospital and Clinics, Inc., and any not-for-profit subsidiaries 120 shall be conclusively deemed corporations primarily acting as 121 instrumentalities of the state, pursuant to s. 768.28(2), for 122 purposes of sovereign immunity. 123 (f)(e)IfIn the event thatthe lease of the hospital 124 facilities to Shands Teaching Hospital and Clinics, Inc.,the125not-for-profit corporationis terminated for any reason, the 126 University of Florida Board of Trustees shall resume management 127 and operation of the hospital facilities. In such event, the 128 University of Florida Board of Trustees is authorized to utilize 129 revenues generated from the operation of the hospital facilities 130 to pay the costs and expenses of operating the hospital facility 131 for the remainder of the fiscal year in which such termination 132 occurs. 133 (5)(a)(f)Shands Jacksonville Medical Center, Inc., and its 134 parent Shands Jacksonville Healthcare, Inc., are private not 135 for-profit corporations organized primarily to support the 136 health affairs mission of the University of Florida Board of 137 Trustees in community service and patient care, education and 138 training of health affairs professionals, and clinical research. 139 Shands Jacksonville Medical Center, Inc., is a teaching hospital 140 affiliated with the University of Florida Board of Trustees, 141 located on the Jacksonville Campus of the University of Florida. 142 Shands Jacksonville Medical Center, Inc., and Shands 143 Jacksonville Healthcare, Inc., may, in support of the health 144 affairs mission of the University of Florida Board of Trustees 145 and with its prior approval, create for-profit or not-for-profit 146 corporate subsidiaries and affiliates, or both. 147 (b) The University of Florida Board of Trustees, which may 148 act through the President of the University of Florida or his or 149 her designee, has the right to control Shands Jacksonville 150 Medical Center, Inc., and Shands Jacksonville Healthcare, Inc. 151 Shands Jacksonville Medical Center, Inc., Shands Jacksonville 152 Healthcare, Inc., and any not-for-profit subsidiary of Shands 153 Jacksonville Medical Center, Inc., shall be conclusively deemed 154 corporations primarily acting as instrumentalities of the state, 155 pursuant to s. 768.28(2), for purposes of sovereign immunity. 156 (c) The University of Florida Board of Trustees is 157 authorized to provide to Shands Jacksonville Healthcare, Inc., 158 and its not-for-profit subsidiaries and affiliates and any 159 successor corporation that acts in support of the board of 160 trustees, comprehensive general liability coverage, including 161 professional liability, from the self-insurance programs 162 established pursuant to s. 1004.24. 163 Section 2. This act shall take effect July 1, 2011.