Signed by Governor Ron DeSantis

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that repeals provisions regulating healthcare facilities.

Highlights:

• Repeals the prohibition on agencies requiring applicants to hold a certificate-of-need to establish proof of discrimination in the granting of or denial of hospital staff membership or clinical privileges (Sec. 1).

• Repeals the requirement for specified hospitals to maintain pediatric certificates of need if their chief executive officer wishes to appoint voting members to the technical advisory panel (Sec. 2).

• Requires each provider of diagnostic cardiac catheterization services to comply with rules adopted by the agency that establish licensure standards governing the operation of adult inpatient diagnostic cardiac catheterization programs (Sec. 2).

• Requires each provider of adult cardiovascular services to comply with rules adopted by the agency that establish licensure standards, through a Level I program and a Level II program, governing the operation of adult inpatient diagnostic cardiac catheterization programs (Sec. 2).

• Specifies that the rules for adult cardiovascular services must require at minimum, nursing and technical staff with demonstrated experience in handling acutely ill patients requiring intervention, based on the staff member’s previous experience in dedicated cardiac interventional laboratories or surgical centers (Sec. 2).

• Repeals the requirement for hospitals to submit data necessary for the implementation of certificate-of-need reviews, effective July 1, 2021 (Sec. 3).

• Amends the definition of “certificate of need” to state that it is a written statement issued by the agency evidencing community need for a new, converted, expanded, or otherwise significantly modified health care facility or hospice (Sec. 6).

• Repeals the definitions of “long-term care hospital”, “mental health service”, and “tertiary health service” (Sec. 6).

• Repeals the definitions of “health services” and “hospital” (Sec. 7).

• Establishes exceptions for the following health-care-related projects subject to review and required to file an application for a certificate of need with the agency, including (Sec. 13):

• The construction or establishment of additional health care facilities, except for the construction of or establishment of a general hospital or a replacement health care facility when the proposed project site is located on the same site as or within 1 mile of the existing health care facility if the number of beds in each licensed bed category will not increase; and

• The conversion from one type of health care facility to another, including the conversion from a general hospital or a specialty hospital, except that the conversion of a specialty hospital to a general hospital is not subject to review.

• Specifies that health-care related projects involving an increase in the number of beds for comprehensive rehabilitation, or the establishment of tertiary health services, are no longer subject to review nor required to file an application for a certificate of need with the agency (Sec. 13).

• Repeals requirements for the establishment of Level II and Level III neonatal intensive care units, and the addition of mental health services or beds (Sec. 13).

• Specifies that, beginning July 1, 2021, the following health-care-related projects will be subject to review and required to file an application for a certificate of need with the agency (Sec. 13):

• The construction or establishment of additional health care facilities, except for a replacement health care facility when the proposed project site is located on the same site as or within 1 mile of the existing health care facility if the number of beds in each licensed bed category will not increase; and

• The conversion from one type of health care facility to another.

• Repeals the need for health care facilities and providers to provide to the agency notification of the termination of a health care service upon 30 days’ written notice, and the addition or delicensure of beds (Sec. 14).

• Repeals specific requirements needed from a general hospital for their application for a certificate-of-need, including, but not limited to (Sec. 16):

• A detailed description of the proposed general hospital project;

• A statement of its purpose and the needs it will meet;

• The proposed project’s location; and

• Its primary and secondary service area.

• Repeals the condition requiring the party appealing a final order granting a general hospital certificate-of-need, from paying the appellee’s attorney’s fees and costs if the appealing party loses the appeal (Sec. 17).

• Repeals specific determinations required for the construction or expansion of an osteopathic acute care hospital (Sec. 18).

• Authorizes an inactive license to be issued to a hospital, subject to certain provisions (Sec. 20).

• Requires the Office of Program Policy Analysis and Government Accountability to review federal requirements and other states’ licensure statutes and rules governing the provision of tertiary health services, and to make recommendations to the President of the Senate and the Speaker of the House of Representatives, by November 1, 2019, on best practices for the establishment of licensure standards for such programs (Sec. 21).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that repeals provisions regulating healthcare facilities.

Highlights:

• Repeals the prohibition on agencies requiring applicants to hold a certificate-of-need to establish proof of discrimination in the granting of or denial of hospital staff membership or clinical privileges (Sec. 1).

• Repeals the requirement for specified hospitals to maintain pediatric certificates of need if their chief executive officer wishes to appoint voting members to the technical advisory panel (Sec. 2).

• Requires each provider of diagnostic cardiac catheterization services to comply with rules adopted by the agency that establish licensure standards governing the operation of adult inpatient diagnostic cardiac catheterization programs (Sec. 2).

• Requires each provider of adult cardiovascular services to comply with rules adopted by the agency that establish licensure standards, through a Level I program and a Level II program, governing the operation of adult inpatient diagnostic cardiac catheterization programs (Sec. 2).

• Specifies that the rules for adult cardiovascular services must require at minimum, nursing and technical staff with demonstrated experience in handling acutely ill patients requiring intervention, based on the staff member’s previous experience in dedicated cardiac interventional laboratories or surgical centers (Sec. 2).

• Repeals the requirement for hospitals to submit data necessary for the implementation of certificate-of-need reviews, effective July 1, 2021 (Sec. 3).

• Amends the definition of “certificate of need” to state that it is a written statement issued by the agency evidencing community need for a new, converted, expanded, or otherwise significantly modified health care facility or hospice (Sec. 6).

• Repeals the definitions of “long-term care hospital”, “mental health service”, and “tertiary health service” (Sec. 6).

• Repeals the definitions of “health services” and “hospital” (Sec. 7).

• Establishes exceptions for the following health-care-related projects subject to review and required to file an application for a certificate of need with the agency, including (Sec. 13):

• The construction or establishment of additional health care facilities, except for the construction of or establishment of a general hospital or a replacement health care facility when the proposed project site is located on the same site as or within 1 mile of the existing health care facility if the number of beds in each licensed bed category will not increase; and

• The conversion from one type of health care facility to another, including the conversion from a general hospital or a specialty hospital, except that the conversion of a specialty hospital to a general hospital is not subject to review.

• Specifies that health-care related projects involving an increase in the number of beds for comprehensive rehabilitation, or the establishment of tertiary health services, are no longer subject to review nor required to file an application for a certificate of need with the agency (Sec. 13).

• Repeals requirements for the establishment of Level II and Level III neonatal intensive care units, and the addition of mental health services or beds (Sec. 13).

• Specifies that, beginning July 1, 2021, the following health-care-related projects will be subject to review and required to file an application for a certificate of need with the agency (Sec. 13):

• The construction or establishment of additional health care facilities, except for a replacement health care facility when the proposed project site is located on the same site as or within 1 mile of the existing health care facility if the number of beds in each licensed bed category will not increase; and

• The conversion from one type of health care facility to another.

• Repeals the need for health care facilities and providers to provide to the agency notification of the termination of a health care service upon 30 days’ written notice, and the addition or delicensure of beds (Sec. 14).

• Repeals specific requirements needed from a general hospital for their application for a certificate-of-need, including, but not limited to (Sec. 16):

• A detailed description of the proposed general hospital project;

• A statement of its purpose and the needs it will meet;

• The proposed project’s location; and

• Its primary and secondary service area.

• Repeals the condition requiring the party appealing a final order granting a general hospital certificate-of-need, from paying the appellee’s attorney’s fees and costs if the appealing party loses the appeal (Sec. 17).

• Repeals specific determinations required for the construction or expansion of an osteopathic acute care hospital (Sec. 18).

• Authorizes an inactive license to be issued to a hospital, subject to certain provisions (Sec. 20).

• Requires the Office of Program Policy Analysis and Government Accountability to review federal requirements and other states’ licensure statutes and rules governing the provision of tertiary health services, and to make recommendations to the President of the Senate and the Speaker of the House of Representatives, by November 1, 2019, on best practices for the establishment of licensure standards for such programs (Sec. 21).

Full Bill Text