Pandemic Darlings The pandemic economy, in original documents
Home Source documents House of Representatives Staff Analysis: PCS for HB 937 Nonemergent Patient Care (2022)

House of Representatives Staff Analysis: PCS for HB 937 Nonemergent Patient Care (2022)

Issuer
Congressional materials
Document type
2022 3093 Professions Public Health Subcommittee Proposed Committee Bill Analyses Fn Pcs09

Summary

A House of Representatives staff analysis dated February 1, 2022 of the proposed committee substitute (PCS) for HB 937, Nonemergent Patient Care, sponsored by the Professions & Public Health Subcommittee. It describes the federal Acute Hospital Care at Home program, which began issuing waivers in November 2020 in response to the COVID-19 pandemic and lets eligible hospitals treat patients at home for more than 60 acute conditions. The analysis states that paramedics are not currently authorized to provide non-emergent basic and advanced life support in a home care setting. The PCS would authorize paramedics to provide those services to acute hospital care at home patients under physician direction, and would authorize Class III institutional pharmacies to fill prescriptions for such patients. The bill has an effective date of July 1, 2022.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“House of Representatives Staff Analysis: PCS for HB 937 Nonemergent Patient Care (2022).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3093-professions-public-health-subcommittee-proposed-committee-bill-analyses-fn-pcs0937-pph/, SHA-256 4736b8348062c5792f69beeef5454551b008453744d8adc15e9b6e64c1e2f74c.

Full text

                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 937 Nonemergent Patient Care
SPONSOR(S): Professions & Public Health Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Professions & Public Health                                            Morris             McElroy
     Subcommittee

                                             SUMMARY ANALYSIS
In November 2020, as a response to the COVID-19 pandemic, the federal Centers for Medicare and Medicaid
Services began issuing waivers to eligible hospitals authorizing the practice of acute hospital care at home.
The Acute Hospital Care at Home program (Program) allows eligible hospitals to treat eligible patients in their
homes for more than 60 acute conditions, such as asthma, congestive heart failure, pneumonia, and chronic
obstructive pulmonary disease. The Program treats patients who require acute inpatient admission to a
hospital and at least daily checks by a physician and a medical team monitoring the patient’s care needs on an
ongoing basis. Patient participation in the Program is voluntary.

Participating hospitals must have screening protocols which assess both medical and non-medical factors,
including working utilities, assessment of physical barriers, and screenings for domestic violence concerns.
Eligible patients are admitted only from emergency departments and inpatient hospital beds. An in-person
evaluation is required prior to starting care at home. Registered nurses must evaluate each patient once per
day, either in person or remotely, and two in-person visits must occur daily by either a registered nurse or a
paramedic.

Paramedics are regulated by the Department of Health (DOH) and are certified to provide basic life support
(BLS) and advanced life support services (ALS). Paramedics are not authorized under current law to provide
non-emergent BLS and ALS in a home care setting.

PCS for HB 937 authorizes paramedics to provide BLS and ALS services to acute hospital care at home
patients as specified by a physician. A physician who supervises or provides medical direction to a paramedic
for acute hospital care at home is liable for any act or omission of the paramedic when performing ALS or BLS
services in such setting.

An institutional pharmacy is a pharmacy located within a hospital, clinic, nursing home, dispensary, sanitarium,
extended care facility, or other facility locations where medicinal drugs are compounded, dispensed, stored, or
sold. Class III institutional pharmacies are institutional pharmacies affiliated with a hospital which employ a
registered pharmacist who consults with and dispenses medicinal drugs to patients on the premises of the
hospital, for use on hospital premises. Class III institutional pharmacies also dispense, distribute, compound,
and fill prescriptions for medicinal drugs for inpatient treatment only. It is unclear whether such a pharmacy is
authorized to dispense to a patient receiving care under an acute care at home program.

The bill authorizes Class III institutional pharmacies to dispense, distribute, compound, and fill prescriptions for
medicinal drugs for inpatient treatment and for acute hospital care at home program patients.

The bill has a significant, negative fiscal impact on DOH and no fiscal impact on local governments.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0937.PPH
DATE: 2/1/2022
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Emergency Medical Services

         The Department of Health (DOH) regulates paramedics under part III of ch. 401, F.S. A paramedic is a
         person who is certified by DOH to perform basic life support (BLS) and advanced life support (ALS)
         services.1

         BLS service refers to any emergency medical service that uses only basic life support techniques. 2 BLS
         includes basic non-invasive interventions to reduce morbidity and mortality associated with out-of-
         hospital medical and traumatic emergencies.3 The services provided may include stabilization and
         maintenance of airway and breathing, pharmacological interventions, trauma care, and transportation
         to an appropriate medical facility.4

         ALS service refers to any emergency medical or non-transport service that uses advanced life support
         techniques.5 ALS includes the assessment or treatment of a person by a qualified individual, such as a
         paramedic, who is trained in the use of techniques such as the administration of drugs or intravenous
         fluid, endotracheal intubation, telemetry, cardiac monitoring, and cardiac defibrillation. 6

         Paramedics are not authorized under current law to provide non-emergent BLS and ALS in a home
         care setting.

         Acute Hospital Care at Home

         Hospitals are licensed and regulated pursuant to ch. 395, F.S., by the Agency for Health Care
         Administration (AHCA) in this state.

         In November, 2020, as a response to the COVID-19 pandemic, the federal Centers for Medicare and
         Medicaid Services (CMS) began issuing waivers to eligible hospitals authorizing the practice of acute
         hospital care at home.7 The Acute Hospital Care at Home program (Program) allows eligible hospitals
         to treat eligible patients in their homes. A patient’s home is his or her permanent residence, which
         includes assisted living, but does not include nursing homes.8

         Treatment for more than 60 acute conditions, such as asthma, congestive heart failure, pneumonia,
         and chronic obstructive pulmonary disease, may be provided through the Program.9 The Program
         treats patients who require acute inpatient admission to a hospital and at least daily rounding by a
         physician and a medical team monitoring the patient’s care needs on an ongoing basis. 10 Patient
         participation in the program is voluntary.11


1 S. 401.23(17), F.S.
2 S. 401.23(8), F.S.
3
  S. 401.23(7), F.S., and U.S. Department of Transportation, National Highway Safety Administration, National EMS Scope of Practice
Model 23-24, availab le at www.nhtsa.gov/people/injury/ems/pub/emtbnsc.pdf (last visited Jan. 29, 2022).
4 Id.
5 S. 401.23(2), F.S.
6 S. 401.23(1), F.S.
7 Centers for Medicare and Medicaid Services, Press Release – CMS Announces Comprehensive Strategy to Enhance Hospital

Capacity Amid COVID-19 Surge, https://www.cms.gov/news room/press-releases/cms-announces-comprehensive-strategy-enhance-
hospital-capacity-amid-covid-19-surge (last visited Jan. 29, 2022).
8 Centers for Medicare and Medicaid Services, Acute Hospital Care at Home Frequently Asked Questions,

https://qualitynet.cms.gov/acute-hospital-care-at-home/resources#tab2 (last visited Jan. 29, 2022).
9 Supra, note 7.
10 Id.
11 Supra, note 8.

STORAGE NAME: pcs0937.PPH                                                                                                   PAGE: 2
DATE: 2/1/2022
         Participating hospitals are required to have screening protocols which assess both medical and non-
         medical factors, including working utilities, assessment of physical barriers, and screenings for
         domestic violence concerns. Eligible patients are admitted only from emergency departments and
         inpatient hospital beds. An in-person evaluation is required prior to starting care at home. Registered
         nurses must evaluate each patient once per day, either in person or remotely, and two in-person visits
         must occur daily by either a registered nurse or a paramedic.12 Programs must obtain a waiver from
         AHCA rule requiring only registered nurses to conduct evaluations in order for paramedics to conduct
         such in-person visits.13

         As of January, 2022, 90 hospital systems and 197 hospitals across 37 states are approved to
         participate in the Program.14 Participants in Florida include Mayo Clinic, Cleveland Clinic, Health First
         hospitals,15 Keralty Hospital,16 and Tampa General Hospital.17

         Pharmacy Regulation

         A person must obtain a DOH-issued permit to operate one of five types of pharmacies:

                  Community pharmacy – Where medicinal drugs are compounded, dispensed, stored, or sold
                   or where prescriptions are filled or dispensed on an outpatient basis. 18
                  Institutional pharmacy – Hospital, clinic, nursing home, dispensary, sanitarium, extended care
                   facility, or other facility locations where medicinal drugs are compounded, dispensed, stored, or
                   sold.19
                  Nuclear pharmacy – Where radioactive drugs and chemicals within the classification of
                   medicinal drugs are compounded, dispensed, stored, or sold, other than hospitals.20
                  Special pharmacy - Locations where medicinal drugs are compounded, dispensed, stored, or
                   sold if these locations do not otherwise meet an applicable pharmacy definition in s. 465.003,
                   F.S.21
                  Internet pharmacy – Locations not otherwise licensed or issued a pharmacy permit within or
                   outside this state, which use the Internet to communicate with or obtain information from
                   consumers in this state to fill or refill prescriptions or to dispense, distribute, or otherwise
                   practice pharmacy in this state.22

         All permitted pharmacies must pass an on-site inspection before DOH will issue an initial permit and
         any time a pharmacy changes its ownership or address. 23

                   Institutional Pharmacies

         An institutional pharmacy is a pharmacy within a healthcare institution, such as a hospital, nursing
         home, or clinic (as opposed to a community pharmacy, which dispenses drugs to the general public on
         an outpatient basis).24 There are four types of institutional pharmacies:25

                  Class I Institutional permits are issued to institutional pharmacies in which all medicinal drugs
                   are administered from individual prescription containers to individual patients and in which


12 Supra, note 8
13 Programs must obtain an AHCA waiver for Rule 59A-3.243(4)(c) and (6), F.A.C.,   relating to nursing services.
14
   Centers for Medicare and Medicaid Services, Approved Facilities/Systems for Acute Hospital Care at Home,
https://qualitynet.cms.gov/acute-hospital-care-at-home/resources#tab1 (last visited Jan. 29, 2022).
15 Palm Bay Hospital, Holmes Regional Medical Center, Viera Hospital, and Cape Canaveral Hospital.
16 Formerly Westchester Hospital.
17 Id.
18 Ss. 465.003(11)(a)1. and 465.018, F.S.
19 Ss. 465.003(11)(a)2. and 465.019, F.S.
20 Ss. 465.003(11)(a)3. and 465.0193, F.S.
21 Ss. 465.003(11)(a)4. and 465.0196, F.S.
22 Ss. 465.003(11)(a)5. and 465.0197, F.S.
23 Rule 64B16-28(1)(d), F.A.C.
24 S. 465.003(11), F.S.
25 S. 465.019, F.S.

STORAGE NAME: pcs0937.PPH                                                                                          PAGE: 3
DATE: 2/1/2022
                  medicinal drugs are not dispensed on the premises, except that licensed nursing homes 26 may
                  purchase medical oxygen for administration to residents.
                 Class II Institutional permits are issued to institutional pharmacies that employ a registered
                  pharmacist who consults with and dispenses medicinal drugs to patients on the premises of the
                  institution, for use on the premises of the institution.
                 Modified Class II Institutional permits are issued to institutional pharmacies in a short-term,
                  primary care treatment center that meet all the requirements for a Class II permit, except space
                  and equipment requirements.
                 Class III Institutional permits are issued to institutional pharmacies, including central distribution
                  facilities, affiliated with a hospital that provide the same services that are authorized by a Class
                  II institutional pharmacy permit. Additionally, an Class III Institutional pharmacy may:
                       o Dispense, distribute, compound, and fill prescriptions for medicinal drugs;
                       o Prepare prepackaged drug products;
                       o Conduct other pharmaceutical services for the affiliated hospital and for entities under
                            common control that are appropriately permitted;
                       o Provide the above-listed services to an entity under common control which holds an
                            active health care clinic establishment permit.27

         Class III Institutional pharmacies must also maintain policies and procedures which address: 28

                 Safe practices for the preparation, dispensing, prepackaging, distribution, and transportation of
                  medicinal drugs and prepackaged drug products;
                 Recordkeeping to monitor the movement, distribution, and transportation of medicinal drugs and
                  prepackaged drug products;
                 Recordkeeping of pharmacy staff responsible for each step in the preparation, dispensing,
                  prepackaging, transportation, and distribution of medicinal drugs and prepackaged drug
                  products; and
                 Medicinal drugs and prepackaged drug products that may not be safely distributed among Class
                  III institutional pharmacies.

         All institutional pharmacies must designate a consultant pharmacist of record.29 The consultant
         pharmacist’s responsibilities include:30

                 Maintaining all drug records required by law;
                 Ordering and evaluating laboratory or clinical testing when necessary for the proper
                  performance of the consultant pharmacist’s responsibilities; 31
                 Conducting drug regimen reviews as required by state or federal law; and
                 Inspecting the facility and preparing a written report to be filed at the permitted facility monthly.

                  Dispensing by Institutional Pharmacies

         An institutional pharmacy must hold a community pharmacy permit to dispense medicinal drugs to
         outpatients.32 However, hospitals that operate Class II or Class III institutional pharmacies may
         dispense a limited supply of medicinal drugs to emergency department patients and inpatients upon
         discharge when the prescriber determines the medicinal drug is warranted and community pharmacy
         services are unavailable. An authorized prescriber may prescribe and a hospital pharmacy may

26 Nursing homes are licensed under part II, ch. 400, F.S.
27 A health care clinic establishment permit is required for the purchase of a prescription drug by a place of business at one general

physical location that provides health care or veterinary services, which is owned or operated by a business entity. See s. 4 99.01(2)(r),
F.S.
28 S. 465.019(1)(d), F.S.
29 S. 465.019(5), F.S., and r. 64B16-28.501, F.A.C.
30 S. 465.0125, F.S., and r. 64B16-28.501, F.A.C.
31 A consultant pharmacist may only order these tests for patients under the care of a licensed home health agency and when

authorized by a licensed allopathic physician, osteopathic physician, podiatric physician, or dentist. The consultant pharmac ist must
complete additional training and meet additional qualifications in the practice of institutional pharmacy, as required by the board. See s.
465.0125.
32 S. 465.019(4), F.S.

STORAGE NAME: pcs0937.PPH                                                                                                          PAGE: 4
DATE: 2/1/2022
         dispense the greater of a 48-hour supply of a medicinal drug or a supply sufficient to last until the end
         of the next business day.33 An authorized prescriber may prescribe a medicinal drug beyond the initial
         prescription period if the prescriber determines the medicinal drug is warranted. 34 Additionally, a
         hospital pharmacy may dispense a supply of a medicinal drug that will last up to 72 hours if the patient
         is located in an area of the state in which a state of emergency is declared. 35 Such dispensing must be
         in accordance with the hospital’s procedures.

         It is unclear whether a Class III institutional pharmacy is authorized to dispense to a patient receiving
         care under an acute care at home program.

         Effect of the Bill

         Acute Hospital Care at Home

         HB 937 authorizes paramedics to provide BLS and ALS to acute hospital care at home patients as
         specified in a paramedic’s supervisory relationship with a physician or a physician’s standing orders. A
         physician who supervises or provides medical direction to a paramedic for acute hospital care at home
         is liable for any act or omission of the paramedic when performing ALS or BLS services in such setting.

         Acute hospital care at home is acute and post-acute health care services provided in a qualified
         patient’s permanent residence through a program approved by CMS and AHCA.

         Institutional Pharmacies

         The bill authorizes Class III institutional pharmacies to dispense, distribute, compound, and fill
         prescriptions for medicinal drugs for inpatient treatment and acute care at home patients.

         The bill makes technical and conforming changes.

         The bill provides an effective date of July 1, 2022.

     B. SECTION DIRECTORY:
         Section 1:     Amends s. 401.23, F.S., relating to definitions.
         Section 2:     Amends s. 401.272, F.S., relating to emergency medical services community health
                        care.
         Section 3:     Amends s. 465.003, F.S., relating to definitions.
         Section 4:     Amends s. 465.019, F.S., relating to institutional pharmacies.
         Section 5:     Amends s. 14.33, F.S., relating to Medal of Heroism.
         Section 6:     Amends s. 252.515, F.S., relating to Post Disaster Relief Assistance Act; immunity from
                        civil liability.
         Section 7:     Amends s. 395.1027, F.S., relating to regional poison control centers.
         Section 8:     Amends s. 401.245, F.S., relating to Emergency Medical Services Advisory Council.
         Section 9:     Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
            None.

         2. Expenditures:

33 Id.
34 Id.
35 Id.

STORAGE NAME: pcs0937.PPH                                                                                     PAGE: 5
DATE: 2/1/2022
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill and current law provide sufficient rulemaking authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0937.PPH                                                                                   PAGE: 6
DATE: 2/1/2022


File and source

File
2022_3093_professions-public-health-subcommittee_proposed-committee-bill-analyses_fn-pcs0937-pph.pdf
Size
209,876 bytes
SHA-256
4736b8348062c5792f69beeef5454551b008453744d8adc15e9b6e64c1e2f74c
Our copy
2022_3093_professions-public-health-subcommittee_proposed-committee-bill-analyses_fn-pcs0937-pph.pdf
Original
www.flhouse.gov
Back to top