Florida Senate - 2012                                    SB 1292
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00968A-12                                          20121292__
    1                        A bill to be entitled                      
    2         An act relating to nursing home facilities; amending
    3         s. 400.021, F.S.; revising definitions of the terms
    4         “geriatric outpatient clinic” and “resident care plan”
    5         and defining the term “therapeutic spa services”;
    6         amending s. 400.141, F.S.; revising provisions
    7         relating to facilities eligible to share programming
    8         and staff; deleting requirements for the submission of
    9         certain reports to the Agency for Health Care
   10         Administration; creating s. 400.172, F.S.; providing
   11         requirements for a nursing home facility operated by a
   12         licensee that provides respite care services;
   13         providing for rights of persons receiving respite care
   14         in nursing home facilities; requiring a prospective
   15         respite care recipient to provide certain information
   16         to the nursing home facility; amending s. 400.141,
   17         F.S.; revising provisions relating to other needed
   18         services provided by licensed nursing home facilities,
   19         including respite care, adult day, and therapeutic spa
   20         services; amending s. 408.0435, F.S.; revising the
   21         period of time allotted for approval of the nursing
   22         home moratorium on a certificate of need for
   23         additional community nursing home beds; amending s.
   24         429.905, F.S.; defining the term “day” for purposes of
   25         day care services provided to adults who are not
   26         residents; amending s. 651.118, F.S.; providing a
   27         funding limitation on sheltered nursing home beds used
   28         to provide assisted living, rather than extended
   29         congregate care services; authorizing certain sharing
   30         of areas, services, and staff between such sheltered
   31         beds and nursing home beds in those facilities;
   32         providing an effective date.
   33  
   34         WHEREAS, the Legislature recognizes that the use of nursing
   35  homes has decreased over the past decade because of alternatives
   36  that are now available to consumers, and
   37         WHEREAS, nursing homes continue to be a valuable resource
   38  and should be used to the fullest extent possible to provide
   39  traditional nursing care to the most impaired persons as well as
   40  providing services to frail or disabled persons who choose to
   41  remain in the community or who may need a less skilled level of
   42  care, and
   43         WHEREAS, regulatory requirements should be flexible enough
   44  to allow nursing homes to diversify but continue to include
   45  sufficient protections to ensure the best care possible to
   46  consumers, NOW, THEREFORE,
   47  
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Subsections (8) and (16) of section 400.021,
   51  Florida Statutes, are amended, and subsection (19) is added to
   52  that section, to read:
   53         400.021 Definitions.—When used in this part, unless the
   54  context otherwise requires, the term:
   55         (8) “Geriatric outpatient clinic” means a site for
   56  providing outpatient health care to persons 60 years of age or
   57  older, which is staffed by a registered nurse, or a physician
   58  assistant, or a licensed practical nurse under the direct
   59  supervision of a registered nurse, advanced registered nurse
   60  practitioner, physician assistant, or physician.
   61         (16) “Resident care plan” means a written plan developed,
   62  maintained, and reviewed not less than quarterly by a registered
   63  nurse, with participation from other facility staff and the
   64  resident or his or her designee or legal representative, which
   65  includes a comprehensive assessment of the needs of an
   66  individual resident; the type and frequency of services required
   67  to provide the necessary care for the resident to attain or
   68  maintain the highest practicable physical, mental, and
   69  psychosocial well-being; a listing of services provided within
   70  or outside the facility to meet those needs; and an explanation
   71  of service goals. The resident care plan must be signed by the
   72  director of nursing or another registered nurse employed by the
   73  facility to whom institutional responsibilities have been
   74  delegated and by the resident, the resident’s designee, or the
   75  resident’s legal representative. The facility may not use an
   76  agency or temporary registered nurse to satisfy the foregoing
   77  requirement and must document the institutional responsibilities
   78  that have been delegated to the registered nurse.
   79         (19) “Therapeutic spa services” means bathing, nail, and
   80  hair care services and other similar services related to
   81  personal hygiene.
   82         Section 2. Paragraph (g) of subsection (1) of section
   83  400.141, Florida Statutes, is amended to read:
   84         400.141 Administration and management of nursing home
   85  facilities.—
   86         (1) Every licensed facility shall comply with all
   87  applicable standards and rules of the agency and shall:
   88         (g) If the facility has a standard license or is a Gold
   89  Seal facility, exceeds the minimum required hours of licensed
   90  nursing and certified nursing assistant direct care per resident
   91  per day, and is part of a continuing care facility licensed
   92  under chapter 651 or a retirement community that offers other
   93  services pursuant to part III of this chapter or part I or part
   94  III of chapter 429 on a single campus, be allowed to share
   95  programming and staff. At the time of inspection and in the
   96  semiannual report required pursuant to paragraph (o), a
   97  continuing care facility or retirement community that uses this
   98  option must demonstrate through staffing records that minimum
   99  staffing requirements for the facility were met. Licensed nurses
  100  and certified nursing assistants who work in the nursing home
  101  facility may be used to provide services elsewhere on campus if
  102  the facility exceeds the minimum number of direct care hours
  103  required per resident per day and the total number of residents
  104  receiving direct care services from a licensed nurse or a
  105  certified nursing assistant does not cause the facility to
  106  violate the staffing ratios required under s. 400.23(3)(a).
  107  Compliance with the minimum staffing ratios must shall be based
  108  on the total number of residents receiving direct care services,
  109  regardless of where they reside on campus. If the facility
  110  receives a conditional license, it may not share staff until the
  111  conditional license status ends. This paragraph does not
  112  restrict the agency’s authority under federal or state law to
  113  require additional staff if a facility is cited for deficiencies
  114  in care which are caused by an insufficient number of certified
  115  nursing assistants or licensed nurses. The agency may adopt
  116  rules for the documentation necessary to determine compliance
  117  with this provision.
  118         Section 3. Section 400.172, Florida Statutes, is created to
  119  read:
  120         400.172 Respite care provided in nursing home facilities.—
  121         (1) For each person admitted for respite care as authorized
  122  under s. 400.141(1)(f), a nursing home facility operated by a
  123  licensee must:
  124         (a) Have a written abbreviated plan of care that, at a
  125  minimum, includes nutritional requirements, medication orders,
  126  physician orders, nursing assessments, and dietary preferences.
  127  The nursing or physician assessments may take the place of all
  128  other assessments required for full-time residents.
  129         (b) Have a contract that, at a minimum, specifies the
  130  services to be provided to a resident receiving respite care,
  131  including charges for services, activities, equipment, emergency
  132  medical services, and the administration of medications. If
  133  multiple admissions for a single person for respite care are
  134  anticipated, the original contract is valid for 1 year after the
  135  date the contract is executed.
  136         (c) Ensure that each resident is released to his or her
  137  caregiver or an individual designated in writing by the
  138  caregiver.
  139         (2) A person admitted under the respite care program shall:
  140         (a) Be exempt from department rules relating to the
  141  discharge planning process.
  142         (b) Be covered by the residents’ rights specified in s.
  143  400.022(1)(a)-(o) and (r)-(t). Funds or property of the resident
  144  are not be considered trust funds subject to the requirements of
  145  s. 400.022(1)(h) until the resident has been in the facility for
  146  more than 14 consecutive days.
  147         (c) Be allowed to use his or her personal medications
  148  during the respite stay if permitted by facility policy. The
  149  facility must obtain a physician’s order for the medications.
  150  The caregiver may provide information regarding the medications
  151  as part of the nursing assessment and that information must
  152  agree with the physician’s order. Medications shall be released
  153  with the resident upon discharge in accordance with current
  154  physician’s orders.
  155         (d) Be entitled to reside in the facility for a total of 60
  156  days within a contract year or for a total of 60 days within a
  157  calendar year if the contract is for less than 12 months.
  158  However, each single stay may not exceed 14 days. If a stay
  159  exceeds 14 consecutive days, the facility must comply with all
  160  assessment and care planning requirements applicable to nursing
  161  home residents.
  162         (e) Reside in a licensed nursing home bed.
  163         (3) A prospective respite care resident must provide
  164  medical information from a physician, physician assistant, or
  165  nurse practitioner and any other information provided by the
  166  primary caregiver required by the facility before or when the
  167  person is admitted to receive respite care. The medical
  168  information must include a physician’s order for respite care
  169  and proof of a physical examination by a licensed physician,
  170  physician assistant, or nurse practitioner. The physician’s
  171  order and physical examination may be used to provide
  172  intermittent respite care for up to 12 months after the date the
  173  order is written.
  174         (4) The facility shall assume the duties of the primary
  175  caregiver. To ensure continuity of care and services, the
  176  resident may retain his or her personal physician and shall have
  177  access to medically necessary services such as physical therapy,
  178  occupational therapy, or speech therapy, as needed. The facility
  179  shall arrange for transportation of the resident to these
  180  services, if necessary.
  181         Section 4. Paragraph (f) of subsection (1) of section
  182  400.141, Florida Statutes, is amended to read:
  183         400.141 Administration and management of nursing home
  184  facilities.—
  185         (1) Every licensed facility shall comply with all
  186  applicable standards and rules of the agency and shall:
  187         (f) Be allowed and encouraged by the agency to provide
  188  other needed services under certain conditions. If the facility
  189  has a standard licensure status, and has had no class I or class
  190  II deficiencies during the past 2 years or has been awarded a
  191  Gold Seal under the program established in s. 400.235, it may be
  192  encouraged by the agency to provide services, including, but not
  193  limited to, respite, therapeutic spa, and adult day services to
  194  nonresidents, which enable individuals to move in and out of the
  195  facility. A facility is not subject to any additional licensure
  196  requirements for providing these services. Respite care may be
  197  offered to persons in need of short-term or temporary nursing
  198  home services. Respite care must be provided in accordance with
  199  this part and rules adopted by the agency. However, the agency
  200  shall, by rule, adopt modified requirements for resident
  201  assessment, resident care plans, resident contracts, physician
  202  orders, and other provisions, as appropriate, for short-term or
  203  temporary nursing home services. Providers of adult day services
  204  must comply with the requirements of s. 429.905(2). The agency
  205  shall allow for shared programming and staff in a facility which
  206  meets minimum standards and offers services pursuant to this
  207  paragraph, but, if the facility is cited for deficiencies in
  208  patient care, may require additional staff and programs
  209  appropriate to the needs of service recipients. A person who
  210  receives respite care may not be counted as a resident of the
  211  facility for purposes of the facility’s licensed capacity unless
  212  that person receives 24-hour respite care. A person receiving
  213  either respite care for 24 hours or longer or adult day services
  214  must be included when calculating minimum staffing for the
  215  facility. Any costs and revenues generated by a nursing home
  216  facility from nonresidential programs or services shall be
  217  excluded from the calculations of Medicaid per diems for nursing
  218  home institutional care reimbursement.
  219         Section 5. Subsection (1) of section 408.0435, Florida
  220  Statutes, is amended to read:
  221         408.0435 Moratorium on nursing home certificates of need.—
  222         (1) Notwithstanding the establishment of need as provided
  223  for in this chapter, a certificate of need for additional
  224  community nursing home beds may not be approved by the agency
  225  until Medicaid managed care is implemented statewide pursuant to
  226  ss. 409.961-409.985 or October 1, 2016, whichever is later
  227  earlier.
  228         Section 6. Subsection (2) of section 429.905, Florida
  229  Statutes, is amended to read:
  230         429.905 Exemptions; monitoring of adult day care center
  231  programs colocated with assisted living facilities or licensed
  232  nursing home facilities.—
  233         (2) A licensed assisted living facility, a licensed
  234  hospital, or a licensed nursing home facility may provide
  235  services during the day which include, but are not limited to,
  236  social, health, therapeutic, recreational, nutritional, and
  237  respite services, to adults who are not residents. Such a
  238  facility need not be licensed as an adult day care center;
  239  however, the agency must monitor the facility during the regular
  240  inspection and at least biennially to ensure adequate space and
  241  sufficient staff. If an assisted living facility, a hospital, or
  242  a nursing home holds itself out to the public as an adult day
  243  care center, it must be licensed as such and meet all standards
  244  prescribed by statute and rule. For the purpose of this
  245  subsection, the term “day” means any portion of a 24-hour day.
  246         Section 7. Subsection (8) of section 651.118, Florida
  247  Statutes, is amended to read:
  248         651.118 Agency for Health Care Administration; certificates
  249  of need; sheltered beds; community beds.—
  250         (8) A provider may petition the Agency for Health Care
  251  Administration to use a designated number of sheltered nursing
  252  home beds to provide assisted living extended congregate care as
  253  defined in s. 429.02 if the beds are in a distinct area of the
  254  nursing home which can be adapted to meet the requirements for
  255  an assisted living facility as defined in s. 429.02 extended
  256  congregate care. The provider may subsequently use such beds as
  257  sheltered beds after notifying the agency of the intended
  258  change. Any sheltered beds used to provide assisted living
  259  extended congregate care pursuant to this subsection may not
  260  qualify for funding under the Medicaid waiver. Any sheltered
  261  beds used to provide assisted living extended congregate care
  262  pursuant to this subsection may share common areas, services,
  263  and staff with beds designated for nursing home care, provided
  264  that all of the beds are under common ownership. For the
  265  purposes of this subsection, fire and life safety codes
  266  applicable to nursing home facilities shall apply.
  267         Section 8. This act shall take effect July 1, 2012.