Senate Bill sb1454c1

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    Florida Senate - 2004                           CS for SB 1454

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Bennett




    317-2634-04

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         400.487, F.S.; revising home health agency

  4         service agreements and treatment orders;

  5         amending s. 400.506, F.S.; requiring nurse

  6         registries to advise patients, their families,

  7         or persons acting on behalf of patients of the

  8         availability of registered nurses to make

  9         visits at an additional cost; removing the

10         requirement for registered nurses to make

11         monthly visits to patients under the care of

12         certified nursing assistants or home health

13         aides; revising requirements for private

14         residence plans of treatment; amending s.

15         464.009, F.S.; saving from repeal a requirement

16         for licensure; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsections (1) and (2) of section 400.487,

21  Florida Statutes, are amended to read:

22         400.487  Home health service agreements; physician's,

23  physician's assistant's, and advanced registered nurse

24  practitioner's treatment orders; patient assessment;

25  establishment and review of plan of care; provision of

26  services; orders not to resuscitate.--

27         (1)  Services provided by a home health agency must be

28  covered by an agreement between the home health agency and the

29  patient or the patient's legal representative specifying the

30  home health services to be provided, the rates or charges for

31  services paid with private funds, and the sources method of

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    Florida Senate - 2004                           CS for SB 1454
    317-2634-04




 1  payment, which may include Medicare, Medicaid, private

 2  insurance, personal funds, or a combination thereof. A home

 3  health agency providing skilled care must make an assessment

 4  of the patient's needs within 48 hours after the start of

 5  services.

 6         (2)  When required by the provisions of chapter 464;

 7  part I, part III, or part V of chapter 468; or chapter 486,

 8  the attending physician, physician's assistant, or advanced

 9  registered nurse practitioner, acting within his or her

10  respective scope of practice, shall for a patient who is to

11  receive skilled care must establish treatment orders for a

12  patient who is to receive skilled care. The treatment orders

13  must be signed by the physician, physician's assistant, or

14  advanced registered nurse practitioner before a claim for

15  payment for the skilled services is submitted by the home

16  health agency. If the claim is submitted to a managed care

17  organization, the treatment orders must be signed in the time

18  allowed under the provider agreement. The treatment orders

19  shall within 30 days after the start of care and must be

20  reviewed, as frequently as the patient's illness requires, by

21  the physician, physician's assistant, or advanced registered

22  nurse practitioner in consultation with the home health agency

23  personnel that provide services to the patient.

24         Section 2.  Paragraph (c) of subsection (10) and

25  paragraph (a) of subsection (17) of section 400.506, Florida

26  Statutes, are amended to read:

27         400.506  Licensure of nurse registries; requirements;

28  penalties.--

29         (10)

30         (c)  A nurse registry shall, at the time of contracting

31  for services through the nurse registry, advise the patient,

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    Florida Senate - 2004                           CS for SB 1454
    317-2634-04




 1  the patient's family, or a person acting on behalf of the

 2  patient of the availability of registered nurses to make

 3  visits to the patient's home at an additional cost. A

 4  registered nurse shall make monthly visits to the patient's

 5  home to assess the patient's condition and quality of care

 6  being provided by the certified nursing assistant or home

 7  health aide.  Any condition that which in the professional

 8  judgment of the nurse requires further medical attention shall

 9  be reported to the attending physician and the nurse registry.

10  The assessment shall become a part of the patient's file with

11  the nurse registry and may be reviewed by the agency during

12  their survey procedure.

13         (17)  All persons referred for contract in private

14  residences by a nurse registry must comply with the following

15  requirements for a plan of treatment:

16         (a)  When, in accordance with the privileges and

17  restrictions imposed upon a nurse under part I of chapter 464,

18  the delivery of care to a patient is under the direction or

19  supervision of a physician or when a physician is responsible

20  for the medical care of the patient, a medical plan of

21  treatment must be established for each patient receiving care

22  or treatment provided by a licensed nurse in the home.  The

23  original medical plan of treatment must be timely signed by

24  the physician, physician's assistant, or advanced registered

25  nurse practitioner, acting within his or her respective scope

26  of practice, and reviewed by him or her in consultation with

27  the licensed nurse at least every 2 months.  Any additional

28  order or change in orders must be obtained from the physician,

29  physician's assistant, or advanced registered nurse

30  practitioner and reduced to writing and timely signed by the

31  physician, physician's assistant, or advanced registered nurse

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    Florida Senate - 2004                           CS for SB 1454
    317-2634-04




 1  practitioner.  The delivery of care under a medical plan of

 2  treatment must be substantiated by the appropriate nursing

 3  notes or documentation made by the nurse in compliance with

 4  nursing practices established under part I of chapter 464.

 5         Section 3.  Subsection (1) of section 464.009, Florida

 6  Statutes, is amended to read:

 7         464.009  Licensure by endorsement.--

 8         (1)  The department shall issue the appropriate license

 9  by endorsement to practice professional or practical nursing

10  to an applicant who, upon applying to the department and

11  remitting a fee set by the board not to exceed $100,

12  demonstrates to the board that he or she:

13         (a)  Holds a valid license to practice professional or

14  practical nursing in another state or territory of the United

15  States, provided that, when the applicant secured his or her

16  original license, the requirements for licensure were

17  substantially equivalent to or more stringent than those

18  existing in Florida at that time;

19         (b)  Meets the qualifications for licensure in s.

20  464.008 and has successfully completed a state, regional, or

21  national examination which is substantially equivalent to or

22  more stringent than the examination given by the department;

23  or

24         (c)  Has actively practiced nursing in another state,

25  jurisdiction, or territory of the United States for 2 of the

26  preceding 3 years without having his or her license acted

27  against by the licensing authority of any jurisdiction.

28  Applicants who become licensed pursuant to this paragraph must

29  complete within 6 months after licensure a Florida laws and

30  rules course that is approved by the board. Once the

31  department has received the results of the national criminal

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    Florida Senate - 2004                           CS for SB 1454
    317-2634-04




 1  history check and has determined that the applicant has no

 2  criminal history, the appropriate license by endorsement shall

 3  be issued to the applicant. This paragraph is repealed July 1,

 4  2004, unless reenacted by the Legislature.

 5         Section 4.  This act shall take effect upon becoming a

 6  law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 1454

10                                 

11  The committee substitute makes the following changes to SB
    1454:
12  
    Amends the home health agency and nurse registry statutes,
13  allowing advanced registered nurse practitioners and physician
    assistants to give orders for skilled care as is permitted in
14  other health care settings.

15  Modifies the timeframe within which home health agency
    treatment orders must be signed by a physician.
16  
    Specifies that the sources of payment for home health services
17  may include Medicaid, Medicare, private insurance, personal
    funds, or a combination thereof.
18  
    Requires a nurse registry to advise each patient or person
19  representing the patient, at the time of contracting for
    services, that registered nurses are available to make visits
20  to the patient's home at an additional cost.

21  Repeals a July 1, 2004, repeal of a provision that allows
    applicants to become licensed to practice nursing in Florida
22  without completing an equivalent examination if the applicant
    has actively practiced nursing in another state, jurisdiction,
23  or territory of the U.S. for 2 of the preceding 3 years
    without having his or her license acted against.
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