Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1292
       
       
       
       
       
       
                                Barcode 650394                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 05:46 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 407 and 408
    4  insert:
    5         Section 10. Subsection (2) of section 400.1183, Florida
    6  Statutes, is amended to read:
    7         400.1183 Resident grievance procedures.—
    8         (2) Each nursing home facility shall maintain records of
    9  all grievances and a shall report, subject to agency inspection,
   10  of to the agency at the time of relicensure the total number of
   11  grievances handled during the prior licensure period, a
   12  categorization of the cases underlying the grievances, and the
   13  final disposition of the grievances.
   14         Section 11. Subsection (3) of section 400.142, Florida
   15  Statutes, is amended to read:
   16         400.142 Emergency medication kits; orders not to
   17  resuscitate.—
   18         (3) Facility staff may withhold or withdraw cardiopulmonary
   19  resuscitation if presented with an order not to resuscitate
   20  executed pursuant to s. 401.45. The agency shall adopt rules
   21  providing for the implementation of such orders. Facility staff
   22  and facilities are shall not be subject to criminal prosecution
   23  or civil liability, or nor be considered to have engaged in
   24  negligent or unprofessional conduct, for withholding or
   25  withdrawing cardiopulmonary resuscitation pursuant to such an
   26  order and rules adopted by the agency. The absence of an order
   27  not to resuscitate executed pursuant to s. 401.45 does not
   28  preclude a physician from withholding or withdrawing
   29  cardiopulmonary resuscitation as otherwise permitted by law.
   30         Section 12. Subsections (9) through (15) of section
   31  400.147, Florida Statutes, are renumbered as subsections (8)
   32  through (13), respectively, and present subsections (7), (8),
   33  and (10) of that section are amended to read:
   34         400.147 Internal risk management and quality assurance
   35  program.—
   36         (7) The nursing home facility shall initiate an
   37  investigation and shall notify the agency within 1 business day
   38  after the risk manager or his or her designee has received a
   39  report pursuant to paragraph (1)(d). The facility must complete
   40  the investigation and submit a report to the agency within 15
   41  calendar days after the adverse incident occurred. The
   42  notification must be made in writing and be provided
   43  electronically, by facsimile device or overnight mail delivery.
   44  The agency shall develop a form for the report which
   45  notification must include the name of the risk manager,
   46  information regarding the identity of the affected resident, the
   47  type of adverse incident, the initiation of an investigation by
   48  the facility, and whether the events causing or resulting in the
   49  adverse incident represent a potential risk to any other
   50  resident. The report notification is confidential as provided by
   51  law and is not discoverable or admissible in any civil or
   52  administrative action, except in disciplinary proceedings by the
   53  agency or the appropriate regulatory board. The agency may
   54  investigate, as it deems appropriate, any such incident and
   55  prescribe measures that must or may be taken in response to the
   56  incident. The agency shall review each report incident and
   57  determine whether it potentially involved conduct by the health
   58  care professional who is subject to disciplinary action, in
   59  which case the provisions of s. 456.073 shall apply.
   60         (8)(a) Each facility shall complete the investigation and
   61  submit an adverse incident report to the agency for each adverse
   62  incident within 15 calendar days after its occurrence. If, after
   63  a complete investigation, the risk manager determines that the
   64  incident was not an adverse incident as defined in subsection
   65  (5), the facility shall include this information in the report.
   66  The agency shall develop a form for reporting this information.
   67         (b) The information reported to the agency pursuant to
   68  paragraph (a) which relates to persons licensed under chapter
   69  458, chapter 459, chapter 461, or chapter 466 shall be reviewed
   70  by the agency. The agency shall determine whether any of the
   71  incidents potentially involved conduct by a health care
   72  professional who is subject to disciplinary action, in which
   73  case the provisions of s. 456.073 shall apply.
   74         (c) The report submitted to the agency must also contain
   75  the name of the risk manager of the facility.
   76         (d) The adverse incident report is confidential as provided
   77  by law and is not discoverable or admissible in any civil or
   78  administrative action, except in disciplinary proceedings by the
   79  agency or the appropriate regulatory board.
   80         (10) By the 10th of each month, each facility subject to
   81  this section shall report any notice received pursuant to s.
   82  400.0233(2) and each initial complaint that was filed with the
   83  clerk of the court and served on the facility during the
   84  previous month by a resident or a resident’s family member,
   85  guardian, conservator, or personal legal representative. The
   86  report must include the name of the resident, the resident’s
   87  date of birth and social security number, the Medicaid
   88  identification number for Medicaid-eligible persons, the date or
   89  dates of the incident leading to the claim or dates of
   90  residency, if applicable, and the type of injury or violation of
   91  rights alleged to have occurred. Each facility shall also submit
   92  a copy of the notices received pursuant to s. 400.0233(2) and
   93  complaints filed with the clerk of the court. This report is
   94  confidential as provided by law and is not discoverable or
   95  admissible in any civil or administrative action, except in such
   96  actions brought by the agency to enforce the provisions of this
   97  part.
   98         Section 13. Subsection (5) of section 400.23, Florida
   99  Statutes, is amended to read:
  100         400.23 Rules; evaluation and deficiencies; licensure
  101  status.—
  102         (5) The agency, in collaboration with the Division of
  103  Children’s Medical Services of the Department of Health, must,
  104  no later than December 31, 1993, adopt rules for:
  105         (a) Minimum standards of care for persons under 21 years of
  106  age who reside in nursing home facilities. The rules must
  107  include a methodology for reviewing a nursing home facility
  108  under ss. 408.031-408.045 which serves only persons under 21
  109  years of age. A facility may be exempted exempt from these
  110  standards for specific persons between 18 and 21 years of age,
  111  if the person’s physician agrees that minimum standards of care
  112  based on age are not necessary.
  113         (b) Minimum staffing requirements for persons under 21
  114  years of age who reside in nursing home facilities, which apply
  115  in lieu of the requirements contained in subsection (3).
  116         1. For persons under 21 years of age who require skilled
  117  care:
  118         a. A minimum combined average of 3.9 hours of direct care
  119  per resident per day must be provided by licensed nurses,
  120  respiratory therapists, respiratory care practitioners, and
  121  certified nursing assistants.
  122         b. A minimum licensed nursing staffing of 1.0 hour of
  123  direct care per resident per day must be provided.
  124         c. No more than 1.5 hours of certified nursing assistant
  125  care per resident per day may be counted in determining the
  126  minimum direct care hours required.
  127         d. One registered nurse must be on duty on the site 24
  128  hours per day on the unit where children reside.
  129         2. For persons under 21 years of age who are medically
  130  fragile:
  131         a. A minimum combined average of 5.0 hours of direct care
  132  per resident per day must be provided by licensed nurses,
  133  respiratory therapists, respiratory care practitioners, and
  134  certified nursing assistants.
  135         b. A minimum licensed nursing staffing of 1.7 hours of
  136  direct care per resident per day must be provided.
  137         c. No more than 1.5 hours of certified nursing assistant
  138  care per resident per day may be counted in determining the
  139  minimum direct care hours required.
  140         d. One registered nurse must be on duty on the site 24
  141  hours per day on the unit where children reside.
  142         Section 14. Subsection (1) of section 400.275, Florida
  143  Statutes, is amended to read:
  144         400.275 Agency duties.—
  145         (1) The agency shall ensure that each newly hired nursing
  146  home surveyor, as a part of basic training, is assigned full
  147  time to a licensed nursing home for at least 2 days within a 7
  148  day period to observe facility operations outside of the survey
  149  process before the surveyor begins survey responsibilities. Such
  150  observations may not be the sole basis of a deficiency citation
  151  against the facility. The agency may not assign an individual to
  152  be a member of a survey team for purposes of a survey,
  153  evaluation, or consultation visit at a nursing home facility in
  154  which the surveyor was an employee within the preceding 2 5
  155  years.
  156         Section 15. For the purpose of incorporating the amendment
  157  made by this act to section 400.509, Florida Statutes, in a
  158  reference thereto, paragraph (a) of subsection (6) of section
  159  400.506, Florida Statutes, is reenacted, and subsection (18) is
  160  added to that section, to read:
  161         400.506 Licensure of nurse registries; requirements;
  162  penalties.—
  163         (6)(a) A nurse registry may refer for contract in private
  164  residences registered nurses and licensed practical nurses
  165  registered and licensed under part I of chapter 464, certified
  166  nursing assistants certified under part II of chapter 464, home
  167  health aides who present documented proof of successful
  168  completion of the training required by rule of the agency, and
  169  companions or homemakers for the purposes of providing those
  170  services authorized under s. 400.509(1). A licensed nurse
  171  registry shall ensure that each certified nursing assistant
  172  referred for contract by the nurse registry and each home health
  173  aide referred for contract by the nurse registry is adequately
  174  trained to perform the tasks of a home health aide in the home
  175  setting. Each person referred by a nurse registry must provide
  176  current documentation that he or she is free from communicable
  177  diseases.
  178         (18) An administrator may manage only one nurse registry,
  179  except that an administrator may manage up to five registries if
  180  all five registries have identical controlling interests as
  181  defined in s. 408.803 and are located within one agency
  182  geographic service area or within an immediately contiguous
  183  county. An administrator shall designate, in writing, for each
  184  licensed entity, a qualified alternate administrator to serve
  185  during the administrator’s absence.
  186         Section 16. Subsection (1) of section 400.509, Florida
  187  Statutes, is amended to read:
  188         400.509 Registration of particular service providers exempt
  189  from licensure; certificate of registration; regulation of
  190  registrants.—
  191         (1) Any organization that provides companion services or
  192  homemaker services and does not provide a home health service to
  193  a person is exempt from licensure under this part. However, any
  194  organization that provides companion services or homemaker
  195  services must register with the agency. An organization under
  196  contract with the Agency for Persons with Disabilities which
  197  provides companion services only for persons with a
  198  developmental disability, as defined in s. 393.063, is exempt
  199  from registration.
  200         Section 17. Paragraph (i) of subsection (1) and subsection
  201  (4) of section 400.606, Florida Statutes, are amended to read:
  202         400.606 License; application; renewal; conditional license
  203  or permit; certificate of need.—
  204         (1) In addition to the requirements of part II of chapter
  205  408, the initial application and change of ownership application
  206  must be accompanied by a plan for the delivery of home,
  207  residential, and homelike inpatient hospice services to
  208  terminally ill persons and their families. Such plan must
  209  contain, but need not be limited to:
  210         (i) The projected annual operating cost of the hospice.
  211  
  212  If the applicant is an existing licensed health care provider,
  213  the application must be accompanied by a copy of the most recent
  214  profit-loss statement and, if applicable, the most recent
  215  licensure inspection report.
  216         (4) A freestanding hospice facility that is primarily
  217  engaged in providing inpatient and related services and that is
  218  not otherwise licensed as a health care facility shall be
  219  required to obtain a certificate of need. However, a
  220  freestanding hospice facility that has with six or fewer beds is
  221  shall not be required to comply with institutional standards
  222  such as, but not limited to, standards requiring sprinkler
  223  systems, emergency electrical systems, or special lavatory
  224  devices.
  225         Section 18. Section 400.915, Florida Statutes, is amended
  226  to read:
  227         400.915 Construction and renovation; requirements.—The
  228  requirements for the construction or renovation of a PPEC center
  229  shall comply with:
  230         (1) The provisions of chapter 553, which pertain to
  231  building construction standards, including plumbing, electrical
  232  code, glass, manufactured buildings, accessibility for the
  233  physically disabled;
  234         (2) The provisions of s. 633.022 and applicable rules
  235  pertaining to physical minimum standards for nonresidential
  236  child care physical facilities in rule 10M-12.003, Florida
  237  Administrative Code, Child Care Standards; and
  238         (3) The standards or rules adopted pursuant to this part
  239  and part II of chapter 408.
  240         Section 19. Section 400.931, Florida Statutes, is amended
  241  to read:
  242         400.931 Application for license; fee; provisional license;
  243  temporary permit.—
  244         (1) In addition to the requirements of part II of chapter
  245  408, the applicant must file with the application satisfactory
  246  proof that the home medical equipment provider is in compliance
  247  with this part and applicable rules, including:
  248         (a) A report, by category, of the equipment to be provided,
  249  indicating those offered either directly by the applicant or
  250  through contractual arrangements with existing providers.
  251  Categories of equipment include:
  252         1. Respiratory modalities.
  253         2. Ambulation aids.
  254         3. Mobility aids.
  255         4. Sickroom setup.
  256         5. Disposables.
  257         (b) A report, by category, of the services to be provided,
  258  indicating those offered either directly by the applicant or
  259  through contractual arrangements with existing providers.
  260  Categories of services include:
  261         1. Intake.
  262         2. Equipment selection.
  263         3. Delivery.
  264         4. Setup and installation.
  265         5. Patient training.
  266         6. Ongoing service and maintenance.
  267         7. Retrieval.
  268         (c) A listing of those with whom the applicant contracts,
  269  both the providers the applicant uses to provide equipment or
  270  services to its consumers and the providers for whom the
  271  applicant provides services or equipment.
  272         (2) An applicant for initial licensure, change of
  273  ownership, or license renewal to operate a licensed home medical
  274  equipment provider at a location outside the state must submit
  275  documentation of accreditation or an application for
  276  accreditation from an accrediting organization that is
  277  recognized by the agency. An applicant that has applied for
  278  accreditation must provide proof of accreditation that is not
  279  conditional or provisional within 120 days after the date the
  280  agency receives the application for licensure or the application
  281  shall be withdrawn from further consideration. Such
  282  accreditation must be maintained by the home medical equipment
  283  provider in order to maintain licensure. As an alternative to
  284  submitting proof of financial ability to operate as required in
  285  s. 408.810(8), the applicant may submit a $50,000 surety bond to
  286  the agency.
  287         (3) As specified in part II of chapter 408, the home
  288  medical equipment provider must also obtain and maintain
  289  professional and commercial liability insurance. Proof of
  290  liability insurance, as defined in s. 624.605, must be submitted
  291  with the application. The agency shall set the required amounts
  292  of liability insurance by rule, but the required amount must not
  293  be less than $250,000 per claim. In the case of contracted
  294  services, it is required that the contractor have liability
  295  insurance not less than $250,000 per claim.
  296         (4) When a change of the general manager of a home medical
  297  equipment provider occurs, the licensee must notify the agency
  298  of the change within 45 days.
  299         (5) In accordance with s. 408.805, an applicant or a
  300  licensee shall pay a fee for each license application submitted
  301  under this part, part II of chapter 408, and applicable rules.
  302  The amount of the fee shall be established by rule and may not
  303  exceed $300 per biennium. The agency shall set the fees in an
  304  amount that is sufficient to cover its costs in carrying out its
  305  responsibilities under this part. However, state, county, or
  306  municipal governments applying for licenses under this part are
  307  exempt from the payment of license fees.
  308         (6) An applicant for initial licensure, renewal, or change
  309  of ownership shall also pay an inspection fee not to exceed
  310  $400, which shall be paid by all applicants except those not
  311  subject to licensure inspection by the agency as described in s.
  312  400.933.
  313         Section 20. Paragraph (a) of subsection (2) of section
  314  408.033, Florida Statutes, is amended to read:
  315         408.033 Local and state health planning.—
  316         (2) FUNDING.—
  317         (a) The Legislature intends that the cost of local health
  318  councils be borne by assessments on selected health care
  319  facilities subject to facility licensure by the Agency for
  320  Health Care Administration, including abortion clinics, assisted
  321  living facilities, ambulatory surgical centers, birthing
  322  centers, clinical laboratories except community nonprofit blood
  323  banks and clinical laboratories operated by practitioners for
  324  exclusive use regulated under s. 483.035, home health agencies,
  325  hospices, hospitals, intermediate care facilities for the
  326  developmentally disabled, nursing homes, health care clinics,
  327  and multiphasic testing centers and by assessments on
  328  organizations subject to certification by the agency pursuant to
  329  chapter 641, part III, including health maintenance
  330  organizations and prepaid health clinics. Fees assessed may be
  331  collected prospectively at the time of licensure renewal and
  332  prorated for the licensure period.
  333         Section 21. Subsection (2) of section 408.034, Florida
  334  Statutes, is amended to read:
  335         408.034 Duties and responsibilities of agency; rules.—
  336         (2) In the exercise of its authority to issue licenses to
  337  health care facilities and health service providers, as provided
  338  under chapters 393 and 395 and parts II, and IV, and VIII of
  339  chapter 400, the agency may not issue a license to any health
  340  care facility or health service provider that fails to receive a
  341  certificate of need or an exemption for the licensed facility or
  342  service.
  343         Section 22. Section 408.10, Florida Statutes, is amended to
  344  read:
  345         408.10 Consumer complaints.—The agency shall:
  346         (1) publish and make available to the public a toll-free
  347  telephone number for the purpose of handling consumer complaints
  348  and shall serve as a liaison between consumer entities and other
  349  private entities and governmental entities for the disposition
  350  of problems identified by consumers of health care.
  351         (2) Be empowered to investigate consumer complaints
  352  relating to problems with health care facilities’ billing
  353  practices and issue reports to be made public in any cases where
  354  the agency determines the health care facility has engaged in
  355  billing practices which are unreasonable and unfair to the
  356  consumer.
  357         Section 23. Subsection (11) of section 408.802, Florida
  358  Statutes, is repealed.
  359         Section 24. Subsection (3) is added to section 408.804,
  360  Florida Statutes, to read:
  361         408.804 License required; display.—
  362         (3) Any person who knowingly alters, defaces, or falsifies
  363  a license certificate issued by the agency, or causes or
  364  procures any person to commit such an offense, commits a
  365  misdemeanor of the second degree, punishable as provided in s.
  366  775.082 or s. 775.083. Any licensee or provider who displays an
  367  altered, defaced, or falsified license certificate is subject to
  368  the penalties set forth in s. 408.815 and an administrative fine
  369  of $1,000 for each day of illegal display.
  370         Section 25. Paragraph (d) of subsection (2) of section
  371  408.806, Florida Statutes, is amended, and paragraph (e) is
  372  added to that subsection, to read:
  373         408.806 License application process.—
  374         (2)
  375         (d) The agency shall notify the licensee by mail or
  376  electronically at least 90 days before the expiration of a
  377  license that a renewal license is necessary to continue
  378  operation. The licensee’s failure to timely file submit a
  379  renewal application and license application fee with the agency
  380  shall result in a $50 per day late fee charged to the licensee
  381  by the agency; however, the aggregate amount of the late fee may
  382  not exceed 50 percent of the licensure fee or $500, whichever is
  383  less. The agency shall provide a courtesy notice to the licensee
  384  by United States mail, electronically, or by any other manner at
  385  its address of record or mailing address, if provided, at least
  386  90 days before the expiration of a license. This courtesy notice
  387  must inform the licensee of the expiration of the license. If
  388  the agency does not provide the courtesy notice or the licensee
  389  does not receive the courtesy notice, the licensee continues to
  390  be legally obligated to timely file the renewal application and
  391  license application fee with the agency and is not excused from
  392  the payment of a late fee. If an application is received after
  393  the required filing date and exhibits a hand-canceled postmark
  394  obtained from a United States post office dated on or before the
  395  required filing date, no fine will be levied.
  396         (e) The applicant must pay the late fee before a late
  397  application is considered complete and failure to pay the late
  398  fee is considered an omission from the application for licensure
  399  pursuant to paragraph (3)(b).
  400         Section 26. Paragraph (b) of subsection (1) of section
  401  408.8065, Florida Statutes, is amended to read:
  402         408.8065 Additional licensure requirements for home health
  403  agencies, home medical equipment providers, and health care
  404  clinics.—
  405         (1) An applicant for initial licensure, or initial
  406  licensure due to a change of ownership, as a home health agency,
  407  home medical equipment provider, or health care clinic shall:
  408         (b) Submit projected pro forma financial statements,
  409  including a balance sheet, income and expense statement, and a
  410  statement of cash flows for the first 2 years of operation which
  411  provide evidence that the applicant has sufficient assets,
  412  credit, and projected revenues to cover liabilities and
  413  expenses.
  414  
  415  All documents required under this subsection must be prepared in
  416  accordance with generally accepted accounting principles and may
  417  be in a compilation form. The financial statements must be
  418  signed by a certified public accountant.
  419         Section 27. Subsection (9) of section 408.810, Florida
  420  Statutes, is amended to read:
  421         408.810 Minimum licensure requirements.—In addition to the
  422  licensure requirements specified in this part, authorizing
  423  statutes, and applicable rules, each applicant and licensee must
  424  comply with the requirements of this section in order to obtain
  425  and maintain a license.
  426         (9) A controlling interest may not withhold from the agency
  427  any evidence of financial instability, including, but not
  428  limited to, checks returned due to insufficient funds,
  429  delinquent accounts, nonpayment of withholding taxes, unpaid
  430  utility expenses, nonpayment for essential services, or adverse
  431  court action concerning the financial viability of the provider
  432  or any other provider licensed under this part that is under the
  433  control of the controlling interest. A controlling interest
  434  shall notify the agency within 10 days after a court action to
  435  initiate bankruptcy, foreclosure, or eviction proceedings
  436  concerning the provider in which the controlling interest is a
  437  petitioner or defendant. Any person who violates this subsection
  438  commits a misdemeanor of the second degree, punishable as
  439  provided in s. 775.082 or s. 775.083. Each day of continuing
  440  violation is a separate offense.
  441         Section 28. Subsection (3) is added to section 408.813,
  442  Florida Statutes, to read:
  443         408.813 Administrative fines; violations.—As a penalty for
  444  any violation of this part, authorizing statutes, or applicable
  445  rules, the agency may impose an administrative fine.
  446         (3) The agency may impose an administrative fine for a
  447  violation that is not designated as a class I, class II, class
  448  III, or class IV violation. Unless otherwise specified by law,
  449  the amount of the fine may not exceed $500 for each violation.
  450  Unclassified violations include:
  451         (a) Violating any term or condition of a license.
  452         (b) Violating any provision of this part, authorizing
  453  statutes, or applicable rules.
  454         (c) Exceeding licensed capacity.
  455         (d) Providing services beyond the scope of the license.
  456         (e) Violating a moratorium imposed pursuant to s. 408.814.
  457  
  458  ================= T I T L E  A M E N D M E N T ================
  459         And the title is amended as follows:
  460         Delete line 42
  461  and insert:
  462         years of full-time practice in pain medicine; amending
  463         s. 400.1183, F.S.; revising requirements relating to
  464         nursing home facility grievance reports; amending s.
  465         400.142, F.S.; deleting the agency’s authority to
  466         adopt rules relating to orders not to resuscitate;
  467         amending s. 400.147, F.S.; revising provisions
  468         relating to adverse incident reports; deleting certain
  469         reporting requirements; amending s. 400.23, F.S.;
  470         specifying the content of rules relating to nursing
  471         home facility staffing requirements for residents
  472         under 21 years of age; amending s. 400.275, F.S.;
  473         revising agency duties with regard to training nursing
  474         home surveyor teams; revising requirements for team
  475         members; reenacting s. 400.506(6)(a), F.S., relating
  476         to licensure of nurse registries, respectively, to
  477         incorporate the amendment made to s. 400.509, F.S., in
  478         references thereto; authorizing an administrator to
  479         manage up to five nurse registries under certain
  480         circumstances; requiring an administrator to
  481         designate, in writing, for each licensed entity, a
  482         qualified alternate administrator to serve during the
  483         administrator’s absence; amending s. 400.509, F.S.;
  484         providing that organizations that provide companion or
  485         homemaker services only to persons with developmental
  486         disabilities, under contract with the Agency for
  487         Persons with Disabilities, are exempt from
  488         registration with the Agency for Health Care
  489         Administration; amending s. 400.606, F.S.; revising
  490         the content requirements of the plan accompanying an
  491         initial or change-of-ownership application for
  492         licensure of a hospice; revising requirements relating
  493         to certificates of need for certain hospice
  494         facilities; amending s. 400.915, F.S.; correcting an
  495         obsolete cross-reference to administrative rules;
  496         amending s. 400.931, F.S.; requiring each applicant
  497         for initial licensure, change of ownership, or license
  498         renewal to operate a licensed home medical equipment
  499         provider at a location outside the state to submit
  500         documentation of accreditation, or an application for
  501         accreditation, from an accrediting organization that
  502         is recognized by the Agency for Health Care
  503         Administration; requiring an applicant that has
  504         applied for accreditation to provide proof of
  505         accreditation within a specified time; deleting a
  506         requirement that an applicant for a home medical
  507         equipment provider license submit a surety bond to the
  508         agency; amending s. 408.033, F.S.; providing that fees
  509         assessed on selected health care facilities and
  510         organizations may be collected prospectively at the
  511         time of licensure renewal and prorated for the
  512         licensing period; amending s. 408.034, F.S.; revising
  513         agency authority relating to licensing of intermediate
  514         care facilities for the developmentally disabled;
  515         amending s. 408.10, F.S.; removing agency authority to
  516         investigate certain consumer complaints; repealing s.
  517         408.802(11), F.S., removing applicability of part II
  518         of ch. 408, F.S., relating to general licensure
  519         requirements, to private review agents; amending s.
  520         408.804, F.S.; providing penalties for altering,
  521         defacing, or falsifying a license certificate issued
  522         by the agency or displaying such an altered, defaced,
  523         or falsified certificate; amending s. 408.806, F.S.;
  524         revising agency responsibilities for notification of
  525         licensees of impending expiration of a license;
  526         requiring payment of a late fee for a license
  527         application to be considered complete under certain
  528         circumstances; amending s. 408.8065, F.S.; revising
  529         the requirements for becoming licensed as a home
  530         health agency, home medical equipment provider, or
  531         health care clinic; amending s. 408.810, F.S.;
  532         requiring that the controlling interest of a health
  533         care licensee notify the agency of certain court
  534         proceedings; providing a penalty; amending s. 408.813,
  535         F.S.; authorizing the agency to impose fines for
  536         unclassified violations of part II of ch. 408, F.S.;
  537         amending