Bill > S1156

Introduced Session

An act relating to ambulatory surgical centers; creating ch. 396, F.S., to be entitled “Ambulatory Surgical Centers”; creating s. 396.201, F.S.; providing legislative intent; creating s. 396.202, F.S.; defining terms; creating s. 396.203, F.S.; specifying requirements for issuance, denial, suspension, and revocation of ambulatory surgical center licenses; creating s. 396.204, F.S.; providing for application fees; creating s. 396.205, F.S.; providing for minimum standards for specified clinical and diagnostic results as a condition for issuance or renewal of a license; creating s. 396.206, F.S.; requiring the Agency for Health Care Administration to make or cause to be made specified inspections of licensed facilities; requiring the agency to accept surveys or inspections from certain accrediting organizations in lieu of its own periodic inspections, provided certain conditions are met; requiring the agency to develop and adopt by rule certain criteria; requiring an applicant or a licensee to pay certain fees at the time of inspection; requiring the agency to coordinate periodic inspections to minimize costs and disruption of services; creating s. 396.207, F.S.; requiring each licensed facility to maintain and provide upon request records of all inspection reports pertaining to that facility; providing that such reports be retained for a specified timeframe; prohibiting the distribution of specified records; requiring a licensed facility to provide a copy of its most recent inspection report to certain parties upon request; authorizing licensed facilities to charge for such copies; creating s. 396.208, F.S.; providing that specified provisions govern the design, construction, erection, alteration, modification, repair, and demolition of licensed facilities; requiring the agency to review facility plans and survey the construction of licensed facilities; requiring licensed facilities to submit plans and specifications to the agency for review; requiring the agency to make or cause to be made certain inspections or investigations as it deems necessary; authorizing the agency to adopt certain rules; requiring the agency to approve or disapprove facility plans and specifications within a specified timeframe; providing an extension under certain circumstances; deeming a facility plan or specification approved if the agency fails to act within the specified timeframe; requiring the agency to set forth in writing its reasons for any disapprovals; authorizing the agency to charge and collect specified fees and costs; creating s. 396.209, F.S.; prohibiting any person from paying or receiving a commission, bonus, kickback, or rebate or engaging in any split-fee arrangement for referring a patient to a licensed facility; requiring agency enforcement; providing administrative penalties; creating s. 396.211, F.S.; prohibiting a licensed facility from denying, for a specified reason, the applications of certain licensed health care practitioners for staff membership and clinical privileges; requiring a licensed facility to establish rules and procedures for consideration of such applications; providing for the termination of clinical privileges for physician assistants under certain circumstances; authorizing certain advanced practice registered nurses to administer anesthesia subject to certain conditions; requiring the presence of a circulating nurse in the operating room for the duration of surgical procedures; requiring a licensed facility to make available specified membership or privileges to certain physicians under certain circumstances; providing construction; requiring the governing board of a licensed facility to set standards and procedures to be applied in considering and acting upon applications; requiring that such standards and procedures be made available for public inspection; requiring a licensed facility to provide in writing, upon request of an applicant, the reasons for denial of staff membership or clinical privileges within a specified timeframe; requiring that a denial be submitted in writing to the applicant’s respective regulatory board; providing immunity from monetary liability to certain persons and entities; providing that investigations, proceedings, and records produced or acquired by the governing board or its agent are not subject to discovery or introduction into evidence in certain proceedings under certain circumstances; prohibiting persons in attendance at such meetings from testifying in civil actions about the evidence presented or deliberations during such meetings; providing construction; providing for the award of specified fees and costs; requiring applicants who bring an action against certain persons or entities to post a bond or other security in a certain amount, as set by the court; creating s. 396.212, F.S.; providing legislative intent; requiring licensed facilities to provide for peer review of certain physicians and develop procedures to conduct such reviews; specifying requirements for such procedures; requiring that, under certain circumstances, a peer review panel investigate and determine whether grounds for discipline exist with respect to certain staff members or physicians; requiring the governing board to take specified actions if certain determinations are made; providing grounds for such governing board actions; requiring licensed facilities to report disciplinary action to the Department of Health’s Division of Medical Quality Assurance within a specified timeframe; providing requirements for the report; requiring the division to review each report and make certain determinations; providing that such reports are exempt from public records requirements; providing immunity from monetary liability to certain persons and entities; providing construction; providing administrative penalties; providing that certain proceedings and records of peer review panels, committees, and governing boards or agents thereof are exempt from public records requirements and are not subject to discovery or introduction into evidence in certain proceedings; prohibiting persons in attendance at certain meetings from testifying or being required to testify in certain civil or administrative actions; providing construction; providing for the award of specified fees and costs; requiring persons who bring an action against certain persons or entities to post a bond or other security in a certain amount, as set by the court; creating s. 396.213, F.S.; requiring licensed facilities to establish an internal risk management program; specifying requirements for such program; providing that the governing board of the licensed facility is responsible for the program; requiring licensed facilities to hire a risk manager; specifying requirements for such risk manager; encouraging licensed facilities to implement certain innovative approaches; requiring licensed facilities to annually report specified information to the Agency for Health Care Administration and the Department of Health; requiring the agency and the department to include certain statistical information in their respective annual reports; requiring the agency to adopt rules governing the establishment of internal risk management programs; specifying requirements for such programs defining the term “adverse incident” for certain purposes; requiring licensed facilities to report specified information annually to the agency; requiring the agency to review the reported information and make certain determinations; providing that the reported information is exempt from public records requirements and is not discoverable or admissible in civil or administrative actions, with exceptions; requiring licensed facilities to report certain adverse incidents to the agency within a specified timeframe; providing requirements for such reports; authorizing the agency to grant extensions of the reporting requirement under certain circumstances and subject to certain conditions; providing that such reports are exempt from public records requirements and are not discoverable or admissible in civil and administrative actions, with exceptions; authorizing the agency to investigate reported adverse incidents and prescribe measures in response to such incidents; requiring the agency to review adverse incidents and make certain determinations; requiring the agency to publish certain reports and summaries within certain timeframes on its website; prohibiting certain information from being included in such reports and summaries; providing a purpose; specifying certain investigative and reporting requirements for internal risk managers relating to the investigation and reporting of allegations of sexual misconduct or sexual abuse at licensed facilities; specifying requirements for witnesses to such alleged misconduct or abuse; defining the term “sexual abuse”; providing criminal penalties for making a false allegation of sexual misconduct; requiring the agency to require a written plan of correction from the licensed facility for certain violations; requiring the agency to first seek corrective action from a licensed facility for certain nonwillful violations; providing administrative penalties for a facility’s failure to timely correct the violation or for demonstrating a pattern of such violations; requiring licensed facilities to provide the agency with access to all facility records needed for specified purposes; providing that such records obtained by the agency are exempt from public records requirements and are not discoverable or admissible in civil and administrative actions, with exceptions; providing an exemption from public meeting and records requirements for certain meetings of the committees and governing board of a licensed facility; requiring the agency to review the internal risk management program of each licensed facility as part of its licensure review process; providing risk managers with immunity from monetary and civil liability in certain proceedings under certain circumstances; providing immunity from civil liability to risk managers and licensed facilities in certain actions, with an exception; requiring the agency to report certain investigative results to the applicable regulatory board; prohibiting coercion, intimidation, or preclusion of a risk manager; providing for civil penalties; creating s. 396.214, F.S.; requiring licensed facilities to comply with specified requirements for the transportation of biomedical waste; creating s. 396.215, F.S.; requiring licensed facilities to adopt a patient safety plan, appoint a patient safety officer and a patient safety committee for specified purposes, and conduct a patient safety culture survey at least biennially; specifying requirements for such survey; authorizing facilities to contract for administration of the survey; requiring that survey data be submitted to the agency in a certain format; authorizing licensed facilities to develop an internal action plan for a certain purpose and submit the plan to the agency; requiring licensed facilities to develop and implement policies and procedures for the rendering of certain medical care; specifying requirements for the policies and procedures; requiring licensed facilities to train all nonphysician personnel on the policies and procedures at least annually; defining the term “nonphysician personnel”; creating s. 396.216, F.S.; requiring licensed facilities to adopt specified protocols for the treatment of victims of child abuse, abandonment, or neglect; creating s. 396.217, F.S.; providing requirements for notifying a patient or a patient’s proxy about adverse incidents; providing construction; creating s. 396.218, F.S.; requiring the agency to adopt specified rules relating to minimum standards for licensed facilities; providing construction; providing that certain licensed facilities are allowed a specified timeframe in which to comply with any newly adopted agency rules; preempting the adoption of certain rules to the Florida Building Commission and the State Fire Marshal; requiring the agency to provide technical assistance to the commission and the State Fire Marshal in updating the construction standards governing licensed facilities; creating s. 396.219, F.S.; providing for criminal and administrative penalties; requiring the agency to consider specified factors in determining the amounts of administrative fines levied; authorizing the agency to impose an immediate moratorium on elective admissions to any licensed facility under certain circumstances; creating s. 396.221, F.S.; providing powers and duties of the agency; creating s. 396.222, F.S.; requiring a licensed facility to provide timely and accurate financial information and quality of service measures to certain individuals; requiring a licensed facility to make available on its website certain information on payments made to that facility for defined bundles of services and procedures and other information for consumers and patients; providing requirements for such information; requiring that facility websites provide specified information and notify and inform patients or prospective patients of certain information; defining the terms “shoppable health care service” and “standard charge”; requiring a licensed facility to provide a written or electronic good faith estimate of certain charges to a patient or prospective patient within a certain timeframe; specifying requirements for such estimates; requiring a licensed facility to provide to a patient or a prospective patient specified information regarding the facility’s financial assistance policy; providing a civil penalty for failing to timely provide an estimate of charges to a patient or prospective patient and the insurer; requiring licensed facilities to make certain health-related data available on its website; requiring licensed facilities to take action to notify the public of the availability of such information; requiring licensed facilities to provide an itemized statement or bill to a patient or his or her survivor or legal guardian within a specified timeframe upon request and after discharge; specifying requirements for the statement or bill; requiring licensed facilities to make available to a patient or his or her survivor or legal guardian certain records within a specified timeframe and in a specified manner; authorizing licensed facilities to charge fees in a specified amount for copies of such records; requiring licensed facilities to establish certain internal processes relating to itemized statements and bills and grievances; requiring licensed facilities to disclose certain information relating to the patient’s cost-sharing obligation; providing an administrative penalty for failure to disclose such information; creating s. 396.223, F.S.; defining the term “extraordinary collection action”; prohibiting certain collection actions by a licensed facility; creating s. 396.224, F.S.; providing criminal penalties and disciplinary action for the fraudulent alteration, defacement, or falsification of medical records; creating s. 396.225, F.S.; requiring a licensed facility to furnish, in a timely manner, a true and correct copy of all patient records to certain persons; specifying authorized charges for copies of such records; providing an exception; providing for confidentiality of patient records; providing exceptions; authorizing the department to examine certain records for certain purposes; providing criminal penalties for the unauthorized release of information from such records by department agents; providing content and use requirements and limitations for confidential patient records released under the exemptions; authorizing licensed facilities to prescribe the content and custody of limited-access records that the facility maintains on its employees; specifying the types of records that may be limited in this manner; providing requirements for the release of such limited-access records; providing an exemption from public records requirements for such records; providing exemptions from public records requirements for specified personal information relating to employees of licensed facilities who provide direct patient care or security services and their spouses and children, and for specified personal information relating to certain other employees of licensed facilities and their spouses and children upon their request; providing exceptions to the exemptions; amending ss. 39.304, 95.11, 222.26, 381.00316, 381.0035, 381.026, 381.028, 381.915, 383.145, 385.202, 385.211, 390.011, 390.025, 394.4787, 395.001, 395.002, 395.003, 395.1055, 395.10973, 395.3025, 395.607, 395.701, 400.518, 400.93, 400.9905, 400.9935, 401.272, 408.051, 408.07, 408.802, 408.820, 409.905, 409.906, 409.975, 456.013, 456.0135, 456.041, 456.053, 456.056, 456.0575, 456.072, 456.073, 458.3145, 458.320, 458.3265, 458.328, 458.347, 458.351, 459.0085, 459.0137, 459.0138, 459.015, 459.022, 459.026, 460.413, 460.4167, 461.013, 464.012, 465.0125, 465.016, 466.028, 468.505, 486.021, 499.003, 499.0295, 553.80, 627.351, 627.357, 627.6056, 627.6387, 627.6405, 627.64194, 627.6616, 627.6648, 627.736, 627.912, 641.31076, 765.101, 766.101, 766.1016, 766.106, 766.110, 766.1115, 766.118, 766.202, 766.316, 790.338, 812.014, 893.05, 893.13, 945.6041, 985.6441, 1001.42, and 1012.965, F.S.; conforming cross references and provisions to changes made by the act; bifurcating fees applicable to ambulatory surgical centers under ch. 395, F.S., and transferring them to ch. 396, F.S.; authorizing the agency to maintain its current fees for ambulatory surgical centers and adopt certain rules; providing an effective date.

AI Summary

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Jay Trumbull (R)*, 

Senate Fiscal Policy Hearing (09:00:00 2/5/2026 412 Knott Building) (on 02/05/2026)

Official Document