Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1419, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 83.42, Florida
    6  Statutes, is amended to read:
    7         83.42 Exclusions from application of part.—This part does
    8  not apply to:
    9         (1) Residency or detention in a facility, whether public or
   10  private, when residence or detention is incidental to the
   11  provision of medical, geriatric, educational, counseling,
   12  religious, or similar services. For residents of a facility
   13  licensed under part II of chapter 400, the provisions of s.
   14  400.0255 are the exclusive procedures for all transfers and
   15  discharges.
   16         Section 2. Present paragraphs (f) through (k) of subsection
   17  (10) of section 112.0455, Florida Statutes, are redesignated as
   18  paragraphs (e) through (j), respectively, and present paragraph
   19  (e) of subsection (10), subsection (12), and paragraph (e) of
   20  subsection (14) of that section are amended to read:
   21         112.0455 Drug-Free Workplace Act.—
   22         (10) EMPLOYER PROTECTION.—
   23         (e) Nothing in this section shall be construed to operate
   24  retroactively, and nothing in this section shall abrogate the
   25  right of an employer under state law to conduct drug tests prior
   26  to January 1, 1990. A drug test conducted by an employer prior
   27  to January 1, 1990, is not subject to this section.
   28         (12) DRUG-TESTING STANDARDS; LABORATORIES.—
   29         (a) The requirements of part II of chapter 408 apply to the
   30  provision of services that require licensure pursuant to this
   31  section and part II of chapter 408 and to entities licensed by
   32  or applying for such licensure from the Agency for Health Care
   33  Administration pursuant to this section. A license issued by the
   34  agency is required in order to operate a laboratory.
   35         (b) A laboratory may analyze initial or confirmation drug
   36  specimens only if:
   37         1. The laboratory is licensed and approved by the Agency
   38  for Health Care Administration using criteria established by the
   39  United States Department of Health and Human Services as general
   40  guidelines for modeling the state drug testing program and in
   41  accordance with part II of chapter 408. Each applicant for
   42  licensure and licensee must comply with all requirements of part
   43  II of chapter 408.
   44         2. The laboratory has written procedures to ensure chain of
   45  custody.
   46         3. The laboratory follows proper quality control
   47  procedures, including, but not limited to:
   48         a. The use of internal quality controls including the use
   49  of samples of known concentrations which are used to check the
   50  performance and calibration of testing equipment, and periodic
   51  use of blind samples for overall accuracy.
   52         b. An internal review and certification process for drug
   53  test results, conducted by a person qualified to perform that
   54  function in the testing laboratory.
   55         c. Security measures implemented by the testing laboratory
   56  to preclude adulteration of specimens and drug test results.
   57         d. Other necessary and proper actions taken to ensure
   58  reliable and accurate drug test results.
   59         (c) A laboratory shall disclose to the employer a written
   60  test result report within 7 working days after receipt of the
   61  sample. All laboratory reports of a drug test result shall, at a
   62  minimum, state:
   63         1. The name and address of the laboratory which performed
   64  the test and the positive identification of the person tested.
   65         2. Positive results on confirmation tests only, or negative
   66  results, as applicable.
   67         3. A list of the drugs for which the drug analyses were
   68  conducted.
   69         4. The type of tests conducted for both initial and
   70  confirmation tests and the minimum cutoff levels of the tests.
   71         5. Any correlation between medication reported by the
   72  employee or job applicant pursuant to subparagraph (8)(b)2. and
   73  a positive confirmed drug test result.
   74  
   75  A No report may not shall disclose the presence or absence of
   76  any drug other than a specific drug and its metabolites listed
   77  pursuant to this section.
   78         (d) The laboratory shall submit to the Agency for Health
   79  Care Administration a monthly report with statistical
   80  information regarding the testing of employees and job
   81  applicants. The reports shall include information on the methods
   82  of analyses conducted, the drugs tested for, the number of
   83  positive and negative results for both initial and confirmation
   84  tests, and any other information deemed appropriate by the
   85  Agency for Health Care Administration. No monthly report shall
   86  identify specific employees or job applicants.
   87         (d)(e) Laboratories shall provide technical assistance to
   88  the employer, employee, or job applicant for the purpose of
   89  interpreting any positive confirmed test results which could
   90  have been caused by prescription or nonprescription medication
   91  taken by the employee or job applicant.
   92         (14) DISCIPLINE REMEDIES.—
   93         (e) Upon resolving an appeal filed pursuant to paragraph
   94  (c), and finding a violation of this section, the commission may
   95  order the following relief:
   96         1. Rescind the disciplinary action, expunge related records
   97  from the personnel file of the employee or job applicant and
   98  reinstate the employee.
   99         2. Order compliance with paragraph (10)(f) (10)(g).
  100         3. Award back pay and benefits.
  101         4. Award the prevailing employee or job applicant the
  102  necessary costs of the appeal, reasonable attorney’s fees, and
  103  expert witness fees.
  104         Section 3. Paragraph (n) of subsection (1) of section
  105  154.11, Florida Statutes, is amended to read:
  106         154.11 Powers of board of trustees.—
  107         (1) The board of trustees of each public health trust shall
  108  be deemed to exercise a public and essential governmental
  109  function of both the state and the county and in furtherance
  110  thereof it shall, subject to limitation by the governing body of
  111  the county in which such board is located, have all of the
  112  powers necessary or convenient to carry out the operation and
  113  governance of designated health care facilities, including, but
  114  without limiting the generality of, the foregoing:
  115         (n) To appoint originally the staff of physicians to
  116  practice in any designated facility owned or operated by the
  117  board and to approve the bylaws and rules to be adopted by the
  118  medical staff of any designated facility owned and operated by
  119  the board, such governing regulations to be in accordance with
  120  the standards of the Joint Commission on the Accreditation of
  121  Hospitals which provide, among other things, for the method of
  122  appointing additional staff members and for the removal of staff
  123  members.
  124         Section 4. Subsection (15) of section 318.21, Florida
  125  Statutes, is amended to read:
  126         318.21 Disposition of civil penalties by county courts.—All
  127  civil penalties received by a county court pursuant to the
  128  provisions of this chapter shall be distributed and paid monthly
  129  as follows:
  130         (15) Of the additional fine assessed under s. 318.18(3)(e)
  131  for a violation of s. 316.1893, 50 percent of the moneys
  132  received from the fines shall be remitted to the Department of
  133  Revenue and deposited into the Brain and Spinal Cord Injury
  134  Trust Fund of Department of Health and appropriated to the
  135  Department of Health Agency for Health Care Administration as
  136  general revenue to provide an enhanced Medicaid payment to
  137  nursing homes that serve Medicaid recipients who have with brain
  138  and spinal cord injuries that are medically complex and who are
  139  technologically and respiratory dependent. The remaining 50
  140  percent of the moneys received from the enhanced fine imposed
  141  under s. 318.18(3)(e) shall be remitted to the Department of
  142  Revenue and deposited into the Department of Health Emergency
  143  Medical Services Trust Fund to provide financial support to
  144  certified trauma centers in the counties where enhanced penalty
  145  zones are established to ensure the availability and
  146  accessibility of trauma services. Funds deposited into the
  147  Emergency Medical Services Trust Fund under this subsection
  148  shall be allocated as follows:
  149         (a) Fifty percent shall be allocated equally among all
  150  Level I, Level II, and pediatric trauma centers in recognition
  151  of readiness costs for maintaining trauma services.
  152         (b) Fifty percent shall be allocated among Level I, Level
  153  II, and pediatric trauma centers based on each center’s relative
  154  volume of trauma cases as reported in the Department of Health
  155  Trauma Registry.
  156         Section 5. Paragraph (g) of subsection (1) of section
  157  383.011, Florida Statutes, is amended to read:
  158         383.011 Administration of maternal and child health
  159  programs.—
  160         (1) The Department of Health is designated as the state
  161  agency for:
  162         (g) Receiving the federal funds for the “Special
  163  Supplemental Nutrition Program for Women, Infants, and
  164  Children,” or WIC, authorized by the Child Nutrition Act of
  165  1966, as amended, and for providing clinical leadership for
  166  administering the statewide WIC program.
  167         1. The department shall establish an interagency agreement
  168  with the Department of Children and Family Services for
  169  management of the program. Responsibilities are delegated to
  170  each department as follows:
  171         a. The department shall provide clinical leadership, manage
  172  program eligibility, and distribute nutritional guidance and
  173  information to participants.
  174         b. The Department of Children and Family Services shall
  175  develop and implement an electronic benefits transfer system.
  176         c. The Department of Children and Family Services shall
  177  develop a cost containment plan that provides timely and
  178  accurate adjustments based on wholesale price fluctuations and
  179  adjusts for the number of cash registers in calculating
  180  statewide averages.
  181         d. The department shall coordinate submission of
  182  information to appropriate federal officials in order to obtain
  183  approval of the electronic benefits system and cost containment
  184  plan, which must include the participation of WIC-only stores.
  185         2. The department shall assist the Department of Children
  186  and Family Services in the development of the electronic
  187  benefits system to ensure full implementation no later than July
  188  1, 2013.
  189         Section 6. Section 383.141, Florida Statutes, is created to
  190  read:
  191         383.141Prenatally diagnosed conditions; patient to be
  192  provided information; definitions; clearinghouse of information;
  193  advisory council.—
  194         (1) The Legislature finds that pregnant women who choose to
  195  undergo prenatal testing for developmental disabilities should
  196  have access to timely and informative counseling about the
  197  conditions being tested for, the accuracy of such tests, and
  198  resources for obtaining support services for such conditions. It
  199  is especially essential for a pregnant woman whose unborn child
  200  has been diagnosed with a developmental disability through
  201  prenatal testing to be adequately informed of the accuracy of
  202  such testing, implications of the diagnosis, possible treatment
  203  options, and available support networks, as the results of such
  204  testing and that the counseling that follows may lead to the
  205  unnecessary abortion of unborn humans.
  206         (2) As used in this section, the term:
  207         (a) “Down syndrome” means a chromosomal disorder caused by
  208  an error in cell division which results in the presence of an
  209  extra whole or partial copy of chromosome 21.
  210         (b) “Developmental disability” includes Down syndrome and
  211  other developmental disabilities defined by s. 393.063(9).
  212         (c) “Health care provider” means a practitioner licensed or
  213  registered under chapter 458 or chapter 459 or an advanced
  214  registered nurse practitioner certified under chapter 464.
  215         (d) “Prenatally diagnosed condition” means an adverse fetal
  216  health condition identified by prenatal testing.
  217         (e) “Prenatal test” or “prenatal testing” means a
  218  diagnostic procedure or screening procedure performed on a
  219  pregnant woman or her unborn offspring to obtain information
  220  about her offspring’s health or development.
  221         (3) When a developmental disability is diagnosed based on
  222  the results of a prenatal test, the health care provider who
  223  ordered the prenatal test, or his or her designee, shall provide
  224  the patient with current information about the nature of the
  225  developmental disability, the accuracy of the prenatal test, and
  226  resources for obtaining relevant support services, including
  227  hotlines, resource centers, and information clearinghouses
  228  related to Down syndrome or other prenatally diagnosed
  229  developmental disabilities; support programs for parents and
  230  families; and developmental evaluation and intervention services
  231  under s. 391.303.
  232         (4) The Department of Health shall establish a
  233  clearinghouse of information related to developmental
  234  disabilities concerning providers of supportive services,
  235  information hotlines specific to Down syndrome and other
  236  prenatally diagnosed developmental disabilities, resource
  237  centers, educational programs, other support programs for
  238  parents and families, and developmental evaluation and
  239  intervention services under s. 391.303. Such information shall
  240  be made available to health care providers for use in counseling
  241  pregnant women whose unborn children have been prenatally
  242  diagnosed with developmental disabilities.
  243         (a) There is established an advisory council within the
  244  Department of Health which consists of health care providers and
  245  caregivers who perform health care services for persons who have
  246  developmental disabilities, including Down syndrome and autism.
  247  This group shall consist of nine members:
  248         1. Three members appointed by the Governor;
  249         2. Three members appointed by the President of the Senate;
  250  and
  251         3. Three members appointed by the Speaker of the House of
  252  Representatives.
  253         (b) The advisory council shall provide technical assistance
  254  to the Department of Health in the establishment of the
  255  information clearinghouse and give the department the benefit of
  256  the council members’ knowledge and experience relating to the
  257  needs of patients and families of patients with developmental
  258  disabilities and available support services.
  259         (c) Members of the council shall elect a chairperson and a
  260  vice chairperson. The elected chairperson and vice chairperson
  261  shall serve in these roles until their terms of appointment on
  262  the council expire.
  263         (d)The advisory council shall meet quarterly to review
  264  this clearinghouse of information, and may meet more often at
  265  the call of the chairperson or as determined by a majority of
  266  members.
  267         (e) The council members shall be appointed to 4-year terms,
  268  except that, to provide for staggered terms, one initial
  269  appointee each from the Governor, the President of the Senate,
  270  and the Speaker of the House of Representatives shall be
  271  appointed to a 2-year term, one appointee each from these
  272  officials shall be appointed to a 3-year term, and the remaining
  273  initial appointees shall be appointed to 4-year terms. All
  274  subsequent appointments shall be for 4-year terms. A vacancy
  275  shall be filled for the remainder of the unexpired term in the
  276  same manner as the original appointment.
  277         (f) Members of the council shall serve without compensation
  278  but are entitled to reimbursement for per diem and travel
  279  expenses as provided in s. 112.061.
  280         (g) The Department of Health shall provide administrative
  281  support for the advisory council.
  282         Section 7. Section 383.325, Florida Statutes, is repealed.
  283         Section 8. Section 385.2031, Florida Statutes, is created
  284  to read:
  285         385.2031 Resource for research in the prevention and
  286  treatment of diabetes.—The Florida Hospital/Sanford-Burnham
  287  Translational Research Institute for Metabolism and Diabetes is
  288  designated as a resource in this state for research in the
  289  prevention and treatment of diabetes.
  290         Section 9. Subsection (7) of section 394.4787, Florida
  291  Statutes, is amended to read:
  292         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
  293  394.4789.—As used in this section and ss. 394.4786, 394.4788,
  294  and 394.4789:
  295         (7) “Specialty psychiatric hospital” means a hospital
  296  licensed by the agency pursuant to s. 395.002(26) 395.002(28)
  297  and part II of chapter 408 as a specialty psychiatric hospital.
  298         Section 10. Subsection (2) of section 394.741, Florida
  299  Statutes, is amended to read:
  300         394.741 Accreditation requirements for providers of
  301  behavioral health care services.—
  302         (2) Notwithstanding any provision of law to the contrary,
  303  accreditation shall be accepted by the agency and department in
  304  lieu of the agency’s and department’s facility licensure onsite
  305  review requirements and shall be accepted as a substitute for
  306  the department’s administrative and program monitoring
  307  requirements, except as required by subsections (3) and (4),
  308  for:
  309         (a) Any organization from which the department purchases
  310  behavioral health care services that is accredited by the Joint
  311  Commission on Accreditation of Healthcare Organizations or the
  312  Council on Accreditation for Children and Family Services, or
  313  has those services that are being purchased by the department
  314  accredited by the Commission on Accreditation of Rehabilitation
  315  Facilities CARF—the Rehabilitation Accreditation Commission.
  316         (b) Any mental health facility licensed by the agency or
  317  any substance abuse component licensed by the department that is
  318  accredited by the Joint Commission on Accreditation of
  319  Healthcare Organizations, the Commission on Accreditation of
  320  Rehabilitation Facilities CARF—the Rehabilitation Accreditation
  321  Commission, or the Council on Accreditation of Children and
  322  Family Services.
  323         (c) Any network of providers from which the department or
  324  the agency purchases behavioral health care services accredited
  325  by the Joint Commission on Accreditation of Healthcare
  326  Organizations, the Commission on Accreditation of Rehabilitation
  327  Facilities CARF—the Rehabilitation Accreditation Commission, the
  328  Council on Accreditation of Children and Family Services, or the
  329  National Committee for Quality Assurance. A provider
  330  organization, which is part of an accredited network, is
  331  afforded the same rights under this part.
  332         Section 11. Present subsections (15) through (33) of
  333  section 395.002, Florida Statutes, are redesignated as
  334  subsections (14) through (30), respectively, and present
  335  subsections (1), (14), (24), (28), (30), and (31) of that
  336  section are amended, to read:
  337         395.002 Definitions.—As used in this chapter:
  338         (1) “Accrediting organizations” means nationally recognized
  339  or approved accrediting organizations whose standards
  340  incorporate comparable licensure requirements as determined by
  341  the agency the Joint Commission on Accreditation of Healthcare
  342  Organizations, the American Osteopathic Association, the
  343  Commission on Accreditation of Rehabilitation Facilities, and
  344  the Accreditation Association for Ambulatory Health Care, Inc.
  345         (14) “Initial denial determination” means a determination
  346  by a private review agent that the health care services
  347  furnished or proposed to be furnished to a patient are
  348  inappropriate, not medically necessary, or not reasonable.
  349         (24) “Private review agent” means any person or entity
  350  which performs utilization review services for third-party
  351  payors on a contractual basis for outpatient or inpatient
  352  services. However, the term shall not include full-time
  353  employees, personnel, or staff of health insurers, health
  354  maintenance organizations, or hospitals, or wholly owned
  355  subsidiaries thereof or affiliates under common ownership, when
  356  performing utilization review for their respective hospitals,
  357  health maintenance organizations, or insureds of the same
  358  insurance group. For this purpose, health insurers, health
  359  maintenance organizations, and hospitals, or wholly owned
  360  subsidiaries thereof or affiliates under common ownership,
  361  include such entities engaged as administrators of self
  362  insurance as defined in s. 624.031.
  363         (26)(28) “Specialty hospital” means any facility which
  364  meets the provisions of subsection (12), and which regularly
  365  makes available either:
  366         (a) The range of medical services offered by general
  367  hospitals, but restricted to a defined age or gender group of
  368  the population;
  369         (b) A restricted range of services appropriate to the
  370  diagnosis, care, and treatment of patients with specific
  371  categories of medical or psychiatric illnesses or disorders; or
  372         (c) Intensive residential treatment programs for children
  373  and adolescents as defined in subsection (14) (15).
  374         (28)(30) “Urgent care center” means a facility or clinic
  375  that provides immediate but not emergent ambulatory medical care
  376  to patients with or without an appointment. The term includes an
  377  offsite It does not include the emergency department of a
  378  hospital that is presented to the general public in any manner
  379  as a department where immediate and not only emergent medical
  380  care is provided. The term also includes:
  381         (a) An offsite facility of a facility licensed under
  382  chapter 395, or a joint venture between a facility licensed
  383  under chapter 395 and a provider licensed under chapter 458 or
  384  chapter 459, that does not require a patient to make an
  385  appointment and is presented to the general public in any manner
  386  as a facility where immediate but not emergent medical care is
  387  provided.
  388         (b) A clinic organization that is licensed under part X of
  389  chapter 400, maintains three or more locations using the same or
  390  a similar name, does not require a patient to make an
  391  appointment, and holds itself out to the general public in any
  392  manner as a facility or clinic where immediate but not emergent
  393  medical care is provided.
  394         (31) “Utilization review” means a system for reviewing the
  395  medical necessity or appropriateness in the allocation of health
  396  care resources of hospital services given or proposed to be
  397  given to a patient or group of patients.
  398         Section 12. Paragraph (c) of subsection (1) and paragraph
  399  (b) of subsection (2) of section 395.003, Florida Statutes, are
  400  amended to read:
  401         395.003 Licensure; denial, suspension, and revocation.—
  402         (1)
  403         (c) Until July 1, 2006, additional emergency departments
  404  located off the premises of licensed hospitals may not be
  405  authorized by the agency.
  406         (2)
  407         (b) The agency shall, at the request of a licensee that is
  408  a teaching hospital as defined in s. 408.07(45), issue a single
  409  license to a licensee for facilities that have been previously
  410  licensed as separate premises, provided such separately licensed
  411  facilities, taken together, constitute the same premises as
  412  defined in s. 395.002(22) 395.002(23). Such license for the
  413  single premises shall include all of the beds, services, and
  414  programs that were previously included on the licenses for the
  415  separate premises. The granting of a single license under this
  416  paragraph shall not in any manner reduce the number of beds,
  417  services, or programs operated by the licensee.
  418         Section 13. Subsection (3) of section 395.0161, Florida
  419  Statutes, is amended to read:
  420         395.0161 Licensure inspection.—
  421         (3) In accordance with s. 408.805, an applicant or licensee
  422  shall pay a fee for each license application submitted under
  423  this part, part II of chapter 408, and applicable rules. With
  424  the exception of state-operated licensed facilities, each
  425  facility licensed under this part shall pay to the agency, at
  426  the time of inspection, the following fees:
  427         (a) Inspection for licensure.—A fee shall be paid which is
  428  not less than $8 per hospital bed, nor more than $12 per
  429  hospital bed, except that the minimum fee shall be $400 per
  430  facility.
  431         (b) Inspection for lifesafety only.—A fee shall be paid
  432  which is not less than 75 cents per hospital bed, nor more than
  433  $1.50 per hospital bed, except that the minimum fee shall be $40
  434  per facility.
  435         Section 14. Subsections (2) and (4) of section 395.0193,
  436  Florida Statutes, are amended to read:
  437         395.0193 Licensed facilities; peer review; disciplinary
  438  powers; agency or partnership with physicians.—
  439         (2) Each licensed facility, as a condition of licensure,
  440  shall provide for peer review of physicians who deliver health
  441  care services at the facility. Each licensed facility shall
  442  develop written, binding procedures by which such peer review
  443  shall be conducted. Such procedures must shall include:
  444         (a) Mechanism for choosing the membership of the body or
  445  bodies that conduct peer review.
  446         (b) Adoption of rules of order for the peer review process.
  447         (c) Fair review of the case with the physician involved.
  448         (d) Mechanism to identify and avoid conflict of interest on
  449  the part of the peer review panel members.
  450         (e) Recording of agendas and minutes which do not contain
  451  confidential material, for review by the Division of Medical
  452  Quality Assurance of the department Health Quality Assurance of
  453  the agency.
  454         (f) Review, at least annually, of the peer review
  455  procedures by the governing board of the licensed facility.
  456         (g) Focus of the peer review process on review of
  457  professional practices at the facility to reduce morbidity and
  458  mortality and to improve patient care.
  459         (4) Pursuant to ss. 458.337 and 459.016, any disciplinary
  460  actions taken under subsection (3) shall be reported in writing
  461  to the Division of Medical Quality Assurance of the department
  462  Health Quality Assurance of the agency within 30 working days
  463  after its initial occurrence, regardless of the pendency of
  464  appeals to the governing board of the hospital. The notification
  465  shall identify the disciplined practitioner, the action taken,
  466  and the reason for such action. All final disciplinary actions
  467  taken under subsection (3), if different from those which were
  468  reported to the department agency within 30 days after the
  469  initial occurrence, shall be reported within 10 working days to
  470  the Division of Medical Quality Assurance of the department
  471  Health Quality Assurance of the agency in writing and shall
  472  specify the disciplinary action taken and the specific grounds
  473  therefor. The division shall review each report and determine
  474  whether it potentially involved conduct by the licensee that is
  475  subject to disciplinary action, in which case s. 456.073 shall
  476  apply. The reports are not subject to inspection under s.
  477  119.07(1) even if the division’s investigation results in a
  478  finding of probable cause.
  479         Section 15. Section 395.1023, Florida Statutes, is amended
  480  to read:
  481         395.1023 Child abuse and neglect cases; duties.—Each
  482  licensed facility shall adopt a protocol that, at a minimum,
  483  requires the facility to:
  484         (1) Incorporate a facility policy that every staff member
  485  has an affirmative duty to report, pursuant to chapter 39, any
  486  actual or suspected case of child abuse, abandonment, or
  487  neglect; and
  488         (2) In any case involving suspected child abuse,
  489  abandonment, or neglect, designate, at the request of the
  490  Department of Children and Family Services, a staff physician to
  491  act as a liaison between the hospital and the Department of
  492  Children and Family Services office which is investigating the
  493  suspected abuse, abandonment, or neglect, and the child
  494  protection team, as defined in s. 39.01, when the case is
  495  referred to such a team.
  496  
  497  Each general hospital and appropriate specialty hospital shall
  498  comply with the provisions of this section and shall notify the
  499  agency and the Department of Children and Family Services of its
  500  compliance by sending a copy of its policy to the agency and the
  501  Department of Children and Family Services as required by rule.
  502  The failure by a general hospital or appropriate specialty
  503  hospital to comply shall be punished by a fine not exceeding
  504  $1,000, to be fixed, imposed, and collected by the agency. Each
  505  day in violation is considered a separate offense.
  506         Section 16. Subsection (2) and paragraph (d) of subsection
  507  (3) of section 395.1041, Florida Statutes, are amended to read:
  508         395.1041 Access to emergency services and care.—
  509         (2) INVENTORY OF HOSPITAL EMERGENCY SERVICES.—The agency
  510  shall establish and maintain an inventory of hospitals with
  511  emergency services. The inventory shall list all services within
  512  the service capability of the hospital, and such services shall
  513  appear on the face of the hospital license. Each hospital having
  514  emergency services shall notify the agency of its service
  515  capability in the manner and form prescribed by the agency. The
  516  agency shall use the inventory to assist emergency medical
  517  services providers and others in locating appropriate emergency
  518  medical care. The inventory shall also be made available to the
  519  general public. On or before August 1, 1992, the agency shall
  520  request that each hospital identify the services which are
  521  within its service capability. On or before November 1, 1992,
  522  the agency shall notify each hospital of the service capability
  523  to be included in the inventory. The hospital has 15 days from
  524  the date of receipt to respond to the notice. By December 1,
  525  1992, the agency shall publish a final inventory. Each hospital
  526  shall reaffirm its service capability when its license is
  527  renewed and shall notify the agency of the addition of a new
  528  service or the termination of a service prior to a change in its
  529  service capability.
  530         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
  531  FACILITY OR HEALTH CARE PERSONNEL.—
  532         (d)1. Every hospital shall ensure the provision of services
  533  within the service capability of the hospital, at all times,
  534  either directly or indirectly through an arrangement with
  535  another hospital, through an arrangement with one or more
  536  physicians, or as otherwise made through prior arrangements. A
  537  hospital may enter into an agreement with another hospital for
  538  purposes of meeting its service capability requirement, and
  539  appropriate compensation or other reasonable conditions may be
  540  negotiated for these backup services.
  541         2. If any arrangement requires the provision of emergency
  542  medical transportation, such arrangement must be made in
  543  consultation with the applicable provider and may not require
  544  the emergency medical service provider to provide transportation
  545  that is outside the routine service area of that provider or in
  546  a manner that impairs the ability of the emergency medical
  547  service provider to timely respond to prehospital emergency
  548  calls.
  549         3. A hospital is shall not be required to ensure service
  550  capability at all times as required in subparagraph 1. if, prior
  551  to the receiving of any patient needing such service capability,
  552  such hospital has demonstrated to the agency that it lacks the
  553  ability to ensure such capability and it has exhausted all
  554  reasonable efforts to ensure such capability through backup
  555  arrangements. In reviewing a hospital’s demonstration of lack of
  556  ability to ensure service capability, the agency shall consider
  557  factors relevant to the particular case, including the
  558  following:
  559         a. Number and proximity of hospitals with the same service
  560  capability.
  561         b. Number, type, credentials, and privileges of
  562  specialists.
  563         c. Frequency of procedures.
  564         d. Size of hospital.
  565         4. The agency shall publish proposed rules implementing a
  566  reasonable exemption procedure by November 1, 1992. Subparagraph
  567  1. shall become effective upon the effective date of said rules
  568  or January 31, 1993, whichever is earlier. For a period not to
  569  exceed 1 year from the effective date of subparagraph 1., a
  570  hospital requesting an exemption shall be deemed to be exempt
  571  from offering the service until the agency initially acts to
  572  deny or grant the original request. The agency has 45 days after
  573  from the date of receipt of the request to approve or deny the
  574  request. After the first year from the effective date of
  575  subparagraph 1., If the agency fails to initially act within
  576  that the time period, the hospital is deemed to be exempt from
  577  offering the service until the agency initially acts to deny the
  578  request.
  579         Section 17. Section 395.1046, Florida Statutes, is
  580  repealed.
  581         Section 19. Section 395.107, Florida Statutes, is amended
  582  to read:
  583         395.107 Urgent care centers; publishing and posting
  584  schedule of charges; penalties.—
  585         (1) An urgent care center must publish and post a schedule
  586  of charges for the medical services offered to patients.
  587         (2)The schedule of charges must describe the medical
  588  services in language comprehensible to a layperson. The schedule
  589  must include the prices charged to an uninsured person paying
  590  for such services by cash, check, credit card, or debit card.
  591  The schedule must be posted in a conspicuous place in the
  592  reception area of the urgent care center and must include, but
  593  is not limited to, the 50 services most frequently provided by
  594  the urgent care center. The schedule may group services by three
  595  price levels, listing services in each price level. The posting
  596  may be a sign, which must be at least 15 square feet in size, or
  597  may be through an electronic messaging board. If an urgent care
  598  center is affiliated with a facility licensed under this
  599  chapter, the schedule must include text that notifies the
  600  insured patients whether the charges for medical services
  601  received at the center will be the same as, or more than,
  602  charges for medical services received at the affiliated
  603  hospital. The text notifying the patient of the schedule of
  604  charges shall be in a font size equal to or greater than the
  605  font size used for prices and must be in a contrasting color.
  606  The text that notifies the insured patients whether the charges
  607  for medical services received at the center will be the same as,
  608  or more than, charges for medical services received at the
  609  affiliated hospital shall be included in all media and Internet
  610  advertisements for the center and in language comprehensible to
  611  a layperson.
  612         (3) The posted text describing the medical services must
  613  fill at least 12 square feet of the posting. A center may use an
  614  electronic device or messaging board to post the schedule of
  615  charges. Such a device must be at least 3 square feet and
  616  patients must be able to access the schedule during all hours of
  617  operation of the urgent care center.
  618         (4) An urgent care center that is operated and used
  619  exclusively for employees and the dependents of employees of the
  620  business that owns or contracts for the urgent care center is
  621  exempt from this section.
  622         (5) The failure of an urgent care center to publish and
  623  post a schedule of charges as required by this section shall
  624  result in a fine of not more than $1,000, per day, until the
  625  schedule is published and posted.
  626         Section 20. Paragraph (e) of subsection (4) of section
  627  395.3025, Florida Statutes, is amended to read:
  628         395.3025 Patient and personnel records; copies;
  629  examination.—
  630         (4) Patient records are confidential and must not be
  631  disclosed without the consent of the patient or his or her legal
  632  representative, but appropriate disclosure may be made without
  633  such consent to:
  634         (e) The department agency upon subpoena issued pursuant to
  635  s. 456.071., but The records obtained thereby must be used
  636  solely for the purpose of the agency, the department, and the
  637  appropriate professional board in an its investigation,
  638  prosecution, and appeal of disciplinary proceedings. If the
  639  department agency requests copies of the records, the facility
  640  shall charge a fee pursuant to this section no more than its
  641  actual copying costs, including reasonable staff time. The
  642  records must be sealed and must not be available to the public
  643  pursuant to s. 119.07(1) or any other statute providing access
  644  to records, nor may they be available to the public as part of
  645  the record of investigation for and prosecution in disciplinary
  646  proceedings made available to the public by the agency, the
  647  department, or the appropriate regulatory board. However, the
  648  department agency must make available, upon written request by a
  649  practitioner against whom probable cause has been found, any
  650  such records that form the basis of the determination of
  651  probable cause.
  652         Section 21. Subsection (2) of section 395.3036, Florida
  653  Statutes, is amended to read:
  654         395.3036 Confidentiality of records and meetings of
  655  corporations that lease public hospitals or other public health
  656  care facilities.—The records of a private corporation that
  657  leases a public hospital or other public health care facility
  658  are confidential and exempt from the provisions of s. 119.07(1)
  659  and s. 24(a), Art. I of the State Constitution, and the meetings
  660  of the governing board of a private corporation are exempt from
  661  s. 286.011 and s. 24(b), Art. I of the State Constitution when
  662  the public lessor complies with the public finance
  663  accountability provisions of s. 155.40(5) with respect to the
  664  transfer of any public funds to the private lessee and when the
  665  private lessee meets at least three of the five following
  666  criteria:
  667         (2) The public lessor and the private lessee do not
  668  commingle any of their funds in any account maintained by either
  669  of them, other than the payment of the rent and administrative
  670  fees or the transfer of funds pursuant to s. 155.40 subsection
  671  (2).
  672         Section 22. Section 395.3037, Florida Statutes, is
  673  repealed.
  674         Section 23. Subsections (1), (4), and (5) of section
  675  395.3038, Florida Statutes, are amended to read:
  676         395.3038 State-listed primary stroke centers and
  677  comprehensive stroke centers; notification of hospitals.—
  678         (1) The agency shall make available on its website and to
  679  the department a list of the name and address of each hospital
  680  that meets the criteria for a primary stroke center and the name
  681  and address of each hospital that meets the criteria for a
  682  comprehensive stroke center. The list of primary and
  683  comprehensive stroke centers shall include only those hospitals
  684  that attest in an affidavit submitted to the agency that the
  685  hospital meets the named criteria, or those hospitals that
  686  attest in an affidavit submitted to the agency that the hospital
  687  is certified as a primary or a comprehensive stroke center by
  688  the Joint Commission on Accreditation of Healthcare
  689  Organizations.
  690         (4) The agency shall adopt by rule criteria for a primary
  691  stroke center which are substantially similar to the
  692  certification standards for primary stroke centers of the Joint
  693  Commission on Accreditation of Healthcare Organizations.
  694         (5) The agency shall adopt by rule criteria for a
  695  comprehensive stroke center. However, if the Joint Commission on
  696  Accreditation of Healthcare Organizations establishes criteria
  697  for a comprehensive stroke center, the agency shall establish
  698  criteria for a comprehensive stroke center which are
  699  substantially similar to those criteria established by the Joint
  700  Commission on Accreditation of Healthcare Organizations.
  701         Section 24. Paragraph (e) of subsection (2) of section
  702  395.602, Florida Statutes, is amended to read:
  703         395.602 Rural hospitals.—
  704         (2) DEFINITIONS.—As used in this part:
  705         (e) “Rural hospital” means an acute care hospital licensed
  706  under this chapter, having 100 or fewer licensed beds and an
  707  emergency room, which is:
  708         1. The sole provider within a county with a population
  709  density of no greater than 100 persons per square mile;
  710         2. An acute care hospital, in a county with a population
  711  density of no greater than 100 persons per square mile, which is
  712  at least 30 minutes of travel time, on normally traveled roads
  713  under normal traffic conditions, from any other acute care
  714  hospital within the same county;
  715         3. A hospital supported by a tax district or subdistrict
  716  whose boundaries encompass a population of 100 persons or fewer
  717  per square mile;
  718         4. A hospital in a constitutional charter county with a
  719  population of over 1 million persons that has imposed a local
  720  option health service tax pursuant to law and in an area that
  721  was directly impacted by a catastrophic event on August 24,
  722  1992, for which the Governor of Florida declared a state of
  723  emergency pursuant to chapter 125, and has 120 beds or less that
  724  serves an agricultural community with an emergency room
  725  utilization of no less than 20,000 visits and a Medicaid
  726  inpatient utilization rate greater than 15 percent;
  727         4.5. A hospital with a service area that has a population
  728  of 100 persons or fewer per square mile. As used in this
  729  subparagraph, the term “service area” means the fewest number of
  730  zip codes that account for 75 percent of the hospital’s
  731  discharges for the most recent 5-year period, based on
  732  information available from the hospital inpatient discharge
  733  database in the Florida Center for Health Information and Policy
  734  Analysis at the Agency for Health Care Administration; or
  735         5.6. A hospital designated as a critical access hospital,
  736  as defined in s. 408.07(15).
  737  
  738  Population densities used in this paragraph must be based upon
  739  the most recently completed United States census. A hospital
  740  that received funds under s. 409.9116 for a quarter beginning no
  741  later than July 1, 2002, is deemed to have been and shall
  742  continue to be a rural hospital from that date through June 30,
  743  2015, if the hospital continues to have 100 or fewer licensed
  744  beds and an emergency room, or meets the criteria of
  745  subparagraph 4. An acute care hospital that has not previously
  746  been designated as a rural hospital and that meets the criteria
  747  of this paragraph shall be granted such designation upon
  748  application, including supporting documentation to the Agency
  749  for Health Care Administration.
  750         Section 25. Subsections (8) and (16) of section 400.021,
  751  Florida Statutes, are amended to read:
  752         400.021 Definitions.—When used in this part, unless the
  753  context otherwise requires, the term:
  754         (8) “Geriatric outpatient clinic” means a site for
  755  providing outpatient health care to persons 60 years of age or
  756  older, which is staffed by a registered nurse or a physician
  757  assistant, or by a licensed practical nurse who is under the
  758  direct supervision of a registered nurse, an advanced registered
  759  nurse practitioner, a physician assistant, or a physician.
  760         (16) “Resident care plan” means a written plan developed,
  761  maintained, and reviewed not less than quarterly by a registered
  762  nurse, with participation from other facility staff and the
  763  resident or his or her designee or legal representative, which
  764  includes a comprehensive assessment of the needs of an
  765  individual resident; the type and frequency of services required
  766  to provide the necessary care for the resident to attain or
  767  maintain the highest practicable physical, mental, and
  768  psychosocial well-being; a listing of services provided within
  769  or outside the facility to meet those needs; and an explanation
  770  of service goals. The resident care plan must be signed by the
  771  director of nursing or another registered nurse employed by the
  772  facility to whom institutional responsibilities have been
  773  delegated and by the resident, the resident’s designee, or the
  774  resident’s legal representative. The facility may not use an
  775  agency or temporary registered nurse to satisfy the foregoing
  776  requirement and must document the institutional responsibilities
  777  that have been delegated to the registered nurse.
  778         Section 26. Paragraph (g) of subsection (2) of section
  779  400.0239, Florida Statutes, is amended to read:
  780         400.0239 Quality of Long-Term Care Facility Improvement
  781  Trust Fund.—
  782         (2) Expenditures from the trust fund shall be allowable for
  783  direct support of the following:
  784         (g) Other initiatives authorized by the Centers for
  785  Medicare and Medicaid Services for the use of federal civil
  786  monetary penalties, including projects recommended through the
  787  Medicaid “Up-or-Out” Quality of Care Contract Management Program
  788  pursuant to s. 400.148.
  789         Section 27. Subsection (15) of section 400.0255, Florida
  790  Statutes, is amended to read:
  791         400.0255 Resident transfer or discharge; requirements and
  792  procedures; hearings.—
  793         (15)(a) The department’s Office of Appeals Hearings shall
  794  conduct hearings requested under this section.
  795         (a) The office shall notify the facility of a resident’s
  796  request for a hearing.
  797         (b) The department shall, by rule, establish procedures to
  798  be used for fair hearings requested by residents. The These
  799  procedures must shall be equivalent to the procedures used for
  800  fair hearings for other Medicaid cases brought pursuant to s.
  801  409.285 and applicable rules, chapter 10-2, part VI, Florida
  802  Administrative Code. The burden of proof must be clear and
  803  convincing evidence. A hearing decision must be rendered within
  804  90 days after receipt of the request for hearing.
  805         (c) If the hearing decision is favorable to the resident
  806  who has been transferred or discharged, the resident must be
  807  readmitted to the facility’s first available bed.
  808         (d) The decision of the hearing officer is shall be final.
  809  Any aggrieved party may appeal the decision to the district
  810  court of appeal in the appellate district where the facility is
  811  located. Review procedures shall be conducted in accordance with
  812  the Florida Rules of Appellate Procedure.
  813         Section 28. Subsection (2) of section 400.063, Florida
  814  Statutes, is amended to read:
  815         400.063 Resident protection.—
  816         (2) The agency is authorized to establish for each
  817  facility, subject to intervention by the agency, may establish a
  818  separate bank account for the deposit to the credit of the
  819  agency of any moneys received from the Health Care Trust Fund or
  820  any other moneys received for the maintenance and care of
  821  residents in the facility, and may the agency is authorized to
  822  disburse moneys from such account to pay obligations incurred
  823  for the purposes of this section. The agency may is authorized
  824  to requisition moneys from the Health Care Trust Fund in advance
  825  of an actual need for cash on the basis of an estimate by the
  826  agency of moneys to be spent under the authority of this
  827  section. A Any bank account established under this section need
  828  not be approved in advance of its creation as required by s.
  829  17.58, but must shall be secured by depository insurance equal
  830  to or greater than the balance of such account or by the pledge
  831  of collateral security in conformance with criteria established
  832  in s. 18.11. The agency shall notify the Chief Financial Officer
  833  of an any such account so established and shall make a quarterly
  834  accounting to the Chief Financial Officer for all moneys
  835  deposited in such account.
  836         Section 29. Subsections (1) and (5) of section 400.071,
  837  Florida Statutes, are amended to read:
  838         400.071 Application for license.—
  839         (1) In addition to the requirements of part II of chapter
  840  408, the application for a license must shall be under oath and
  841  must contain the following:
  842         (a) The location of the facility for which a license is
  843  sought and an indication, as in the original application, that
  844  such location conforms to the local zoning ordinances.
  845         (b) A signed affidavit disclosing any financial or
  846  ownership interest that a controlling interest as defined in
  847  part II of chapter 408 has held in the last 5 years in any
  848  entity licensed by this state or any other state to provide
  849  health or residential care which has closed voluntarily or
  850  involuntarily; has filed for bankruptcy; has had a receiver
  851  appointed; has had a license denied, suspended, or revoked; or
  852  has had an injunction issued against it which was initiated by a
  853  regulatory agency. The affidavit must disclose the reason any
  854  such entity was closed, whether voluntarily or involuntarily.
  855         (c) The total number of beds and the total number of
  856  Medicare and Medicaid certified beds.
  857         (b)(d) Information relating to the applicant and employees
  858  which the agency requires by rule. The applicant must
  859  demonstrate that sufficient numbers of qualified staff, by
  860  training or experience, will be employed to properly care for
  861  the type and number of residents who will reside in the
  862  facility.
  863         (e) Copies of any civil verdict or judgment involving the
  864  applicant rendered within the 10 years preceding the
  865  application, relating to medical negligence, violation of
  866  residents’ rights, or wrongful death. As a condition of
  867  licensure, the licensee agrees to provide to the agency copies
  868  of any new verdict or judgment involving the applicant, relating
  869  to such matters, within 30 days after filing with the clerk of
  870  the court. The information required in this paragraph shall be
  871  maintained in the facility’s licensure file and in an agency
  872  database which is available as a public record.
  873         (5) As a condition of licensure, each facility must
  874  establish and submit with its application a plan for quality
  875  assurance and for conducting risk management.
  876         Section 30. Section 400.0712, Florida Statutes, is amended
  877  to read:
  878         400.0712 Application for inactive license.—
  879         (1) As specified in this section, the agency may issue an
  880  inactive license to a nursing home facility for all or a portion
  881  of its beds. Any request by a licensee that a nursing home or
  882  portion of a nursing home become inactive must be submitted to
  883  the agency in the approved format. The facility may not initiate
  884  any suspension of services, notify residents, or initiate
  885  inactivity before receiving approval from the agency; and a
  886  licensee that violates this provision may not be issued an
  887  inactive license.
  888         (1)(2)In addition to the powers granted under part II of
  889  chapter 408, the agency may issue an inactive license for a
  890  portion of the total beds of to a nursing home facility that
  891  chooses to use an unoccupied contiguous portion of the facility
  892  for an alternative use to meet the needs of elderly persons
  893  through the use of less restrictive, less institutional
  894  services.
  895         (a) The An inactive license issued under this subsection
  896  may be granted for a period not to exceed the current licensure
  897  expiration date but may be renewed by the agency at the time of
  898  licensure renewal.
  899         (b) A request to extend the inactive license must be
  900  submitted to the agency in the approved format and approved by
  901  the agency in writing.
  902         (c) A facility Nursing homes that receives receive an
  903  inactive license to provide alternative services may shall not
  904  be given receive preference for participation in the Assisted
  905  Living for the Elderly Medicaid waiver.
  906         (2)(3) The agency shall adopt rules pursuant to ss.
  907  120.536(1) and 120.54 necessary to administer implement this
  908  section.
  909         Section 31. Section 400.111, Florida Statutes, is amended
  910  to read:
  911         400.111 Disclosure of controlling interest.—In addition to
  912  the requirements of part II of chapter 408, the nursing home
  913  facility, if requested by the agency, licensee shall submit a
  914  signed affidavit disclosing any financial or ownership interest
  915  that a controlling interest has held within the last 5 years in
  916  any entity licensed by the state or any other state to provide
  917  health or residential care which entity has closed voluntarily
  918  or involuntarily; has filed for bankruptcy; has had a receiver
  919  appointed; has had a license denied, suspended, or revoked; or
  920  has had an injunction issued against it which was initiated by a
  921  regulatory agency. The affidavit must disclose the reason such
  922  entity was closed, whether voluntarily or involuntarily.
  923         Section 32. Subsection (2) of section 400.1183, Florida
  924  Statutes, is amended to read:
  925         400.1183 Resident grievance procedures.—
  926         (2) Each nursing home facility shall maintain records of
  927  all grievances and a shall report, subject to agency inspection,
  928  of to the agency at the time of relicensure the total number of
  929  grievances handled during the prior licensure period, a
  930  categorization of the cases underlying the grievances, and the
  931  final disposition of the grievances.
  932         Section 33. Section 400.141, Florida Statutes, is amended
  933  to read:
  934         400.141 Administration and management of nursing home
  935  facilities.—
  936         (1) A nursing home facility must Every licensed facility
  937  shall comply with all applicable standards and rules of the
  938  agency and must shall:
  939         (a) Be under the administrative direction and charge of a
  940  licensed administrator.
  941         (b) Appoint a medical director licensed pursuant to chapter
  942  458 or chapter 459. The agency may establish by rule more
  943  specific criteria for the appointment of a medical director.
  944         (c) Have available the regular, consultative, and emergency
  945  services of state-licensed physicians licensed by the state.
  946         (d) Provide for resident use of a community pharmacy as
  947  specified in s. 400.022(1)(q). Notwithstanding any other law to
  948  the contrary notwithstanding, a registered pharmacist licensed
  949  in this state who in Florida, that is under contract with a
  950  facility licensed under this chapter or chapter 429 must, shall
  951  repackage a nursing facility resident’s bulk prescription
  952  medication, which was has been packaged by another pharmacist
  953  licensed in any state, in the United States into a unit dose
  954  system compatible with the system used by the nursing home
  955  facility, if the pharmacist is requested to offer such service.
  956         1. In order to be eligible for the repackaging, a resident
  957  or the resident’s spouse must receive prescription medication
  958  benefits provided through a former employer as part of his or
  959  her retirement benefits, a qualified pension plan as specified
  960  in s. 4972 of the Internal Revenue Code, a federal retirement
  961  program as specified under 5 C.F.R. s. 831, or a long-term care
  962  policy as defined in s. 627.9404(1).
  963         2. A pharmacist who correctly repackages and relabels the
  964  medication and the nursing facility that which correctly
  965  administers such repackaged medication under this paragraph may
  966  not be held liable in any civil or administrative action arising
  967  from the repackaging.
  968         3. In order to be eligible for the repackaging, a nursing
  969  facility resident for whom the medication is to be repackaged
  970  must shall sign an informed consent form provided by the
  971  facility which includes an explanation of the repackaging
  972  process and which notifies the resident of the immunities from
  973  liability provided under in this paragraph.
  974         4. A pharmacist who repackages and relabels prescription
  975  medications, as authorized under this paragraph, may charge a
  976  reasonable fee for costs resulting from the implementation of
  977  this provision.
  978         (e) Provide for the access of the facility residents with
  979  access to dental and other health-related services, recreational
  980  services, rehabilitative services, and social work services
  981  appropriate to their needs and conditions and not directly
  982  furnished by the licensee. If When a geriatric outpatient nurse
  983  clinic is conducted in accordance with rules adopted by the
  984  agency, outpatients attending such clinic may shall not be
  985  counted as part of the general resident population of the
  986  nursing home facility, nor may shall the nursing staff of the
  987  geriatric outpatient clinic be counted as part of the nursing
  988  staff of the facility, until the outpatient clinic load exceeds
  989  15 a day.
  990         (f) Be allowed and encouraged by the agency to provide
  991  other needed services under certain conditions. If the facility
  992  has a standard licensure status, and has had no class I or class
  993  II deficiencies during the past 2 years or has been awarded a
  994  Gold Seal under the program established in s. 400.235, it may be
  995  encouraged by the agency to provide services, including, but not
  996  limited to, respite and adult day services, which enable
  997  individuals to move in and out of the facility. A facility is
  998  not subject to any additional licensure requirements for
  999  providing these services, under the following conditions:.
 1000         1. Respite care may be offered to persons in need of short
 1001  term or temporary nursing home services, if for each person
 1002  admitted under the respite care program, the licensee:.
 1003         a. Has a contract that, at a minimum, specifies the
 1004  services to be provided to the respite resident and includes the
 1005  charges for services, activities, equipment, emergency medical
 1006  services, and the administration of medications. If multiple
 1007  respite admissions for a single individual are anticipated, the
 1008  original contract is valid for 1 year after the date of
 1009  execution;
 1010         b. Has a written abbreviated plan of care that, at a
 1011  minimum, includes nutritional requirements, medication orders,
 1012  physician assessments and orders, nursing assessments, and
 1013  dietary preferences. The physician or nursing assessments may
 1014  take the place of all other assessments required for full-time
 1015  residents; and
 1016         c. Ensures that each respite resident is released to his or
 1017  her caregiver or an individual designated in writing by the
 1018  caregiver.
 1019         2. A person admitted under a respite care program is:
 1020         a. Covered by the residents’ rights set forth in s.
 1021  400.022(1)(a)-(o) and (r)-(t). Funds or property of the respite
 1022  resident are not considered trust funds subject to s.
 1023  400.022(1)(h) until the resident has been in the facility for
 1024  more than 14 consecutive days;
 1025         b. Allowed to use his or her personal medications for the
 1026  respite stay if permitted by facility policy. The facility must
 1027  obtain a physician’s order for the medications. The caregiver
 1028  may provide information regarding the medications as part of the
 1029  nursing assessment which must agree with the physician’s order.
 1030  Medications shall be released with the respite resident upon
 1031  discharge in accordance with current physician’s orders; and
 1032         c. Exempt from rule requirements related to discharge
 1033  planning.
 1034         3. A person receiving respite care is entitled to reside in
 1035  the facility for a total of 60 days within a contract year or
 1036  calendar year if the contract is for less than 12 months.
 1037  However, each single stay may not exceed 14 days. If a stay
 1038  exceeds 14 consecutive days, the facility must comply with all
 1039  assessment and care planning requirements applicable to nursing
 1040  home residents.
 1041         4. The respite resident must provide medical information
 1042  from a physician, physician assistant, or nurse practitioner and
 1043  other information from the primary caregiver as may be required
 1044  by the facility before or at the time of admission. The medical
 1045  information must include a physician’s order for respite care
 1046  and proof of a physical examination by a licensed physician,
 1047  physician assistant, or nurse practitioner. The physician’s
 1048  order and physical examination may be used to provide
 1049  intermittent respite care for up to 12 months after the date the
 1050  order is written.
 1051         5. A person receiving respite care resides in a licensed
 1052  nursing home bed.
 1053         6. The facility assumes the duties of the primary
 1054  caregiver. To ensure continuity of care and services, the
 1055  respite resident is entitled to retain his or her personal
 1056  physician and must have access to medically necessary services
 1057  such as physical therapy, occupational therapy, or speech
 1058  therapy, as needed. The facility must arrange for transportation
 1059  to these services if necessary. Respite care must be provided in
 1060  accordance with this part and rules adopted by the agency.
 1061  However, the agency shall, by rule, adopt modified requirements
 1062  for resident assessment, resident care plans, resident
 1063  contracts, physician orders, and other provisions, as
 1064  appropriate, for short-term or temporary nursing home services.
 1065         7. The agency allows shall allow for shared programming and
 1066  staff in a facility that which meets minimum standards and
 1067  offers services pursuant to this paragraph, but, if the facility
 1068  is cited for deficiencies in patient care, the agency may
 1069  require additional staff and programs appropriate to the needs
 1070  of service recipients. A person who receives respite care may
 1071  not be counted as a resident of the facility for purposes of the
 1072  facility’s licensed capacity unless that person receives 24-hour
 1073  respite care. A person receiving either respite care for 24
 1074  hours or longer or adult day services must be included when
 1075  calculating minimum staffing for the facility. Any costs and
 1076  revenues generated by a nursing home facility from
 1077  nonresidential programs or services must shall be excluded from
 1078  the calculations of Medicaid per diems for nursing home
 1079  institutional care reimbursement.
 1080         (g) If the facility has a standard license or is a Gold
 1081  Seal facility, exceeds the minimum required hours of licensed
 1082  nursing and certified nursing assistant direct care per resident
 1083  per day, and is part of a continuing care facility licensed
 1084  under chapter 651 or a retirement community that offers other
 1085  services pursuant to part III of this chapter or part I or part
 1086  III of chapter 429 on a single campus, be allowed to share
 1087  programming and staff. At the time of inspection and in the
 1088  semiannual report required pursuant to paragraph (o), a
 1089  continuing care facility or retirement community that uses this
 1090  option must demonstrate through staffing records that minimum
 1091  staffing requirements for the facility were met. Licensed nurses
 1092  and certified nursing assistants who work in the nursing home
 1093  facility may be used to provide services elsewhere on campus if
 1094  the facility exceeds the minimum number of direct care hours
 1095  required per resident per day and the total number of residents
 1096  receiving direct care services from a licensed nurse or a
 1097  certified nursing assistant does not cause the facility to
 1098  violate the staffing ratios required under s. 400.23(3)(a).
 1099  Compliance with the minimum staffing ratios must shall be based
 1100  on the total number of residents receiving direct care services,
 1101  regardless of where they reside on campus. If the facility
 1102  receives a conditional license, it may not share staff until the
 1103  conditional license status ends. This paragraph does not
 1104  restrict the agency’s authority under federal or state law to
 1105  require additional staff if a facility is cited for deficiencies
 1106  in care which are caused by an insufficient number of certified
 1107  nursing assistants or licensed nurses. The agency may adopt
 1108  rules for the documentation necessary to determine compliance
 1109  with this provision.
 1110         (h) Maintain the facility premises and equipment and
 1111  conduct its operations in a safe and sanitary manner.
 1112         (i) If the licensee furnishes food service, provide a
 1113  wholesome and nourishing diet sufficient to meet generally
 1114  accepted standards of proper nutrition for its residents and
 1115  provide such therapeutic diets as may be prescribed by attending
 1116  physicians. In adopting making rules to implement this
 1117  paragraph, the agency shall be guided by standards recommended
 1118  by nationally recognized professional groups and associations
 1119  with knowledge of dietetics.
 1120         (j) Keep full records of resident admissions and
 1121  discharges; medical and general health status, including medical
 1122  records, personal and social history, and identity and address
 1123  of next of kin or other persons who may have responsibility for
 1124  the affairs of the resident residents; and individual resident
 1125  care plans, including, but not limited to, prescribed services,
 1126  service frequency and duration, and service goals. The records
 1127  must shall be open to agency inspection by the agency. The
 1128  licensee shall maintain clinical records on each resident in
 1129  accordance with accepted professional standards and practices,
 1130  which must be complete, accurately documented, readily
 1131  accessible, and systematically organized.
 1132         (k) Keep such fiscal records of its operations and
 1133  conditions as may be necessary to provide information pursuant
 1134  to this part.
 1135         (l) Furnish copies of personnel records for employees
 1136  affiliated with such facility, to any other facility licensed by
 1137  this state requesting this information pursuant to this part.
 1138  Such information contained in the records may include, but is
 1139  not limited to, disciplinary matters and reasons any reason for
 1140  termination. A Any facility releasing such records pursuant to
 1141  this part is shall be considered to be acting in good faith and
 1142  may not be held liable for information contained in such
 1143  records, absent a showing that the facility maliciously
 1144  falsified such records.
 1145         (m) Publicly display a poster provided by the agency
 1146  containing the names, addresses, and telephone numbers for the
 1147  state’s abuse hotline, the State Long-Term Care Ombudsman, the
 1148  Agency for Health Care Administration consumer hotline, the
 1149  Advocacy Center for Persons with Disabilities, the Florida
 1150  Statewide Advocacy Council, and the Medicaid Fraud Control Unit,
 1151  with a clear description of the assistance to be expected from
 1152  each.
 1153         (n) Submit to the agency the information specified in s.
 1154  400.071(1)(b) for a management company within 30 days after the
 1155  effective date of the management agreement.
 1156         (o)1. Submit semiannually to the agency, or more frequently
 1157  if requested by the agency, information regarding facility
 1158  staff-to-resident ratios, staff turnover, and staff stability,
 1159  including information regarding certified nursing assistants,
 1160  licensed nurses, the director of nursing, and the facility
 1161  administrator. For purposes of this reporting:
 1162         a. Staff-to-resident ratios must be reported in the
 1163  categories specified in s. 400.23(3)(a) and applicable rules.
 1164  The ratio must be reported as an average for the most recent
 1165  calendar quarter.
 1166         b. Staff turnover must be reported for the most recent 12
 1167  month period ending on the last workday of the most recent
 1168  calendar quarter prior to the date the information is submitted.
 1169  The turnover rate must be computed quarterly, with the annual
 1170  rate being the cumulative sum of the quarterly rates. The
 1171  turnover rate is the total number of terminations or separations
 1172  experienced during the quarter, excluding any employee
 1173  terminated during a probationary period of 3 months or less,
 1174  divided by the total number of staff employed at the end of the
 1175  period for which the rate is computed, and expressed as a
 1176  percentage.
 1177         c. The formula for determining staff stability is the total
 1178  number of employees that have been employed for more than 12
 1179  months, divided by the total number of employees employed at the
 1180  end of the most recent calendar quarter, and expressed as a
 1181  percentage.
 1182         (n) Comply with state minimum staffing requirements:
 1183         1.d. A nursing facility that has failed to comply with
 1184  state minimum-staffing requirements for 2 consecutive days is
 1185  prohibited from accepting new admissions until the facility has
 1186  achieved the minimum-staffing requirements for a period of 6
 1187  consecutive days. For the purposes of this subparagraph sub
 1188  subparagraph, any person who was a resident of the facility and
 1189  was absent from the facility for the purpose of receiving
 1190  medical care at a separate location or was on a leave of absence
 1191  is not considered a new admission. Failure by the facility to
 1192  impose such an admissions moratorium is subject to a $1,000 fine
 1193  constitutes a class II deficiency.
 1194         2.e. A nursing facility that which does not have a
 1195  conditional license may be cited for failure to comply with the
 1196  standards in s. 400.23(3)(a)1.b. and c. only if it has failed to
 1197  meet those standards on 2 consecutive days or if it has failed
 1198  to meet at least 97 percent of those standards on any one day.
 1199         3.f. A facility that which has a conditional license must
 1200  be in compliance with the standards in s. 400.23(3)(a) at all
 1201  times.
 1202         2. This paragraph does not limit the agency’s ability to
 1203  impose a deficiency or take other actions if a facility does not
 1204  have enough staff to meet the residents’ needs.
 1205         (o)(p) Notify a licensed physician when a resident exhibits
 1206  signs of dementia or cognitive impairment or has a change of
 1207  condition in order to rule out the presence of an underlying
 1208  physiological condition that may be contributing to such
 1209  dementia or impairment. The notification must occur within 30
 1210  days after the acknowledgment of such signs by facility staff.
 1211  If an underlying condition is determined to exist, the facility
 1212  shall arrange, with the appropriate health care provider,
 1213  arrange for the necessary care and services to treat the
 1214  condition.
 1215         (p)(q) If the facility implements a dining and hospitality
 1216  attendant program, ensure that the program is developed and
 1217  implemented under the supervision of the facility director of
 1218  nursing. A licensed nurse, licensed speech or occupational
 1219  therapist, or a registered dietitian must conduct training of
 1220  dining and hospitality attendants. A person employed by a
 1221  facility as a dining and hospitality attendant must perform
 1222  tasks under the direct supervision of a licensed nurse.
 1223         (r) Report to the agency any filing for bankruptcy
 1224  protection by the facility or its parent corporation,
 1225  divestiture or spin-off of its assets, or corporate
 1226  reorganization within 30 days after the completion of such
 1227  activity.
 1228         (q)(s) Maintain general and professional liability
 1229  insurance coverage that is in force at all times. In lieu of
 1230  such general and professional liability insurance coverage, a
 1231  state-designated teaching nursing home and its affiliated
 1232  assisted living facilities created under s. 430.80 may
 1233  demonstrate proof of financial responsibility as provided in s.
 1234  430.80(3)(g).
 1235         (r)(t) Maintain in the medical record for each resident a
 1236  daily chart of certified nursing assistant services provided to
 1237  the resident. The certified nursing assistant who is caring for
 1238  the resident must complete this record by the end of his or her
 1239  shift. The This record must indicate assistance with activities
 1240  of daily living, assistance with eating, and assistance with
 1241  drinking, and must record each offering of nutrition and
 1242  hydration for those residents whose plan of care or assessment
 1243  indicates a risk for malnutrition or dehydration.
 1244         (s)(u) Before November 30 of each year, subject to the
 1245  availability of an adequate supply of the necessary vaccine,
 1246  provide for immunizations against influenza viruses to all its
 1247  consenting residents in accordance with the recommendations of
 1248  the United States Centers for Disease Control and Prevention,
 1249  subject to exemptions for medical contraindications and
 1250  religious or personal beliefs. Subject to these exemptions, any
 1251  consenting person who becomes a resident of the facility after
 1252  November 30 but before March 31 of the following year must be
 1253  immunized within 5 working days after becoming a resident.
 1254  Immunization may shall not be provided to any resident who
 1255  provides documentation that he or she has been immunized as
 1256  required by this paragraph. This paragraph does not prohibit a
 1257  resident from receiving the immunization from his or her
 1258  personal physician if he or she so chooses. A resident who
 1259  chooses to receive the immunization from his or her personal
 1260  physician shall provide proof of immunization to the facility.
 1261  The agency may adopt and enforce any rules necessary to
 1262  administer comply with or implement this paragraph.
 1263         (t)(v) Assess all residents for eligibility for
 1264  pneumococcal polysaccharide vaccination or revaccination (PPV)
 1265  and vaccinate residents when indicated within 60 days after the
 1266  effective date of this act in accordance with the
 1267  recommendations of the United States Centers for Disease Control
 1268  and Prevention, subject to exemptions for medical
 1269  contraindications and religious or personal beliefs. Residents
 1270  admitted after the effective date of this act shall be assessed
 1271  within 5 working days after of admission and, if when indicated,
 1272  vaccinate such residents vaccinated within 60 days in accordance
 1273  with the recommendations of the United States Centers for
 1274  Disease Control and Prevention, subject to exemptions for
 1275  medical contraindications and religious or personal beliefs.
 1276  Immunization may shall not be provided to any resident who
 1277  provides documentation that he or she has been immunized as
 1278  required by this paragraph. This paragraph does not prohibit a
 1279  resident from receiving the immunization from his or her
 1280  personal physician if he or she so chooses. A resident who
 1281  chooses to receive the immunization from his or her personal
 1282  physician shall provide proof of immunization to the facility.
 1283  The agency may adopt and enforce any rules necessary to
 1284  administer comply with or implement this paragraph.
 1285         (u)(w) Annually encourage and promote to its employees the
 1286  benefits associated with immunizations against influenza viruses
 1287  in accordance with the recommendations of the United States
 1288  Centers for Disease Control and Prevention. The agency may adopt
 1289  and enforce any rules necessary to administer comply with or
 1290  implement this paragraph.
 1291  
 1292  This subsection does not limit the agency’s ability to impose a
 1293  deficiency or take other actions if a facility does not have
 1294  enough staff to meet residents’ needs.
 1295         (2) Facilities that have been awarded a Gold Seal under the
 1296  program established in s. 400.235 may develop a plan to provide
 1297  certified nursing assistant training as prescribed by federal
 1298  regulations and state rules and may apply to the agency for
 1299  approval of their program.
 1300         Section 34. Subsection (3) of section 400.142, Florida
 1301  Statutes, is amended to read:
 1302         400.142 Emergency medication kits; orders not to
 1303  resuscitate.—
 1304         (3) Facility staff may withhold or withdraw cardiopulmonary
 1305  resuscitation if presented with an order not to resuscitate
 1306  executed pursuant to s. 401.45. The agency shall adopt rules
 1307  providing for the implementation of such orders. Facility staff
 1308  and facilities are shall not be subject to criminal prosecution
 1309  or civil liability, or nor be considered to have engaged in
 1310  negligent or unprofessional conduct, for withholding or
 1311  withdrawing cardiopulmonary resuscitation pursuant to such an
 1312  order and rules adopted by the agency. The absence of an order
 1313  not to resuscitate executed pursuant to s. 401.45 does not
 1314  preclude a physician from withholding or withdrawing
 1315  cardiopulmonary resuscitation as otherwise permitted by law.
 1316         Section 35. Subsections (9) through (15) of section
 1317  400.147, Florida Statutes, are renumbered as subsections (8)
 1318  through (13), respectively, and present subsections (7), (8),
 1319  and (10) of that section are amended to read:
 1320         400.147 Internal risk management and quality assurance
 1321  program.—
 1322         (7) The nursing home facility shall initiate an
 1323  investigation and shall notify the agency within 1 business day
 1324  after the risk manager or his or her designee has received a
 1325  report pursuant to paragraph (1)(d). The facility must complete
 1326  the investigation and submit a report to the agency within 15
 1327  calendar days after the adverse incident occurred. The
 1328  notification must be made in writing and be provided
 1329  electronically, by facsimile device or overnight mail delivery.
 1330  The agency shall develop a form for the report which
 1331  notification must include the name of the risk manager,
 1332  information regarding the identity of the affected resident, the
 1333  type of adverse incident, the initiation of an investigation by
 1334  the facility, and whether the events causing or resulting in the
 1335  adverse incident represent a potential risk to any other
 1336  resident. The report notification is confidential as provided by
 1337  law and is not discoverable or admissible in any civil or
 1338  administrative action, except in disciplinary proceedings by the
 1339  agency or the appropriate regulatory board. The agency may
 1340  investigate, as it deems appropriate, any such incident and
 1341  prescribe measures that must or may be taken in response to the
 1342  incident. The agency shall review each report incident and
 1343  determine whether it potentially involved conduct by the health
 1344  care professional who is subject to disciplinary action, in
 1345  which case the provisions of s. 456.073 shall apply.
 1346         (8)(a) Each facility shall complete the investigation and
 1347  submit an adverse incident report to the agency for each adverse
 1348  incident within 15 calendar days after its occurrence. If, after
 1349  a complete investigation, the risk manager determines that the
 1350  incident was not an adverse incident as defined in subsection
 1351  (5), the facility shall include this information in the report.
 1352  The agency shall develop a form for reporting this information.
 1353         (b) The information reported to the agency pursuant to
 1354  paragraph (a) which relates to persons licensed under chapter
 1355  458, chapter 459, chapter 461, or chapter 466 shall be reviewed
 1356  by the agency. The agency shall determine whether any of the
 1357  incidents potentially involved conduct by a health care
 1358  professional who is subject to disciplinary action, in which
 1359  case the provisions of s. 456.073 shall apply.
 1360         (c) The report submitted to the agency must also contain
 1361  the name of the risk manager of the facility.
 1362         (d) The adverse incident report is confidential as provided
 1363  by law and is not discoverable or admissible in any civil or
 1364  administrative action, except in disciplinary proceedings by the
 1365  agency or the appropriate regulatory board.
 1366         (10) By the 10th of each month, each facility subject to
 1367  this section shall report any notice received pursuant to s.
 1368  400.0233(2) and each initial complaint that was filed with the
 1369  clerk of the court and served on the facility during the
 1370  previous month by a resident or a resident’s family member,
 1371  guardian, conservator, or personal legal representative. The
 1372  report must include the name of the resident, the resident’s
 1373  date of birth and social security number, the Medicaid
 1374  identification number for Medicaid-eligible persons, the date or
 1375  dates of the incident leading to the claim or dates of
 1376  residency, if applicable, and the type of injury or violation of
 1377  rights alleged to have occurred. Each facility shall also submit
 1378  a copy of the notices received pursuant to s. 400.0233(2) and
 1379  complaints filed with the clerk of the court. This report is
 1380  confidential as provided by law and is not discoverable or
 1381  admissible in any civil or administrative action, except in such
 1382  actions brought by the agency to enforce the provisions of this
 1383  part.
 1384         Section 36. Section 400.148, Florida Statutes, is repealed.
 1385         Section 37. Subsection (3) of section 400.19, Florida
 1386  Statutes, is amended to read:
 1387         400.19 Right of entry and inspection.—
 1388         (3) The agency shall every 15 months conduct at least one
 1389  unannounced inspection every 15 months to determine the
 1390  licensee’s compliance by the licensee with statutes, and related
 1391  with rules promulgated under the provisions of those statutes,
 1392  governing minimum standards of construction, quality and
 1393  adequacy of care, and rights of residents. The survey must shall
 1394  be conducted every 6 months for the next 2-year period if the
 1395  nursing home facility has been cited for a class I deficiency,
 1396  has been cited for two or more class II deficiencies arising
 1397  from separate surveys or investigations within a 60-day period,
 1398  or has had three or more substantiated complaints within a 6
 1399  month period, each resulting in at least one class I or class II
 1400  deficiency. In addition to any other fees or fines under in this
 1401  part, the agency shall assess a fine for each facility that is
 1402  subject to the 6-month survey cycle. The fine for the 2-year
 1403  period is shall be $6,000, one-half to be paid at the completion
 1404  of each survey. The agency may adjust this fine by the change in
 1405  the Consumer Price Index, based on the 12 months immediately
 1406  preceding the increase, to cover the cost of the additional
 1407  surveys. The agency shall verify through subsequent inspection
 1408  that any deficiency identified during inspection is corrected.
 1409  However, the agency may verify the correction of a class III or
 1410  class IV deficiency unrelated to resident rights or resident
 1411  care without reinspecting the facility if adequate written
 1412  documentation has been received from the facility, which
 1413  provides assurance that the deficiency has been corrected. The
 1414  giving or causing to be given of advance notice of such
 1415  unannounced inspections by an employee of the agency to any
 1416  unauthorized person shall constitute cause for suspension of at
 1417  least not fewer than 5 working days according to the provisions
 1418  of chapter 110.
 1419         Section 38. Present subsection (6) of section 400.191,
 1420  Florida Statutes, is renumbered as subsection (7) and a new
 1421  subsection (6) is added to that section to read:
 1422         400.191 Availability, distribution, and posting of reports
 1423  and records.—
 1424         (6) A nursing home facility may charge a reasonable fee for
 1425  copying resident records. The fee may not exceed $1 per page for
 1426  the first 25 pages and 25 cents per page for each page in excess
 1427  of 25 pages.
 1428         Section 39. Subsection (5) of section 400.23, Florida
 1429  Statutes, is amended to read:
 1430         400.23 Rules; evaluation and deficiencies; licensure
 1431  status.—
 1432         (5) The agency, in collaboration with the Division of
 1433  Children’s Medical Services of the Department of Health, must,
 1434  no later than December 31, 1993, adopt rules for:
 1435         (a) Minimum standards of care for persons under 21 years of
 1436  age who reside in nursing home facilities. The rules must
 1437  include a methodology for reviewing a nursing home facility
 1438  under ss. 408.031-408.045 which serves only persons under 21
 1439  years of age. A facility may be exempted exempt from these
 1440  standards for specific persons between 18 and 21 years of age,
 1441  if the person’s physician agrees that minimum standards of care
 1442  based on age are not necessary.
 1443         (b) Minimum staffing requirements for persons under 21
 1444  years of age who reside in nursing home facilities, which apply
 1445  in lieu of the requirements contained in subsection (3).
 1446         1. For persons under 21 years of age who require skilled
 1447  care:
 1448         a. A minimum combined average of 3.9 hours of direct care
 1449  per resident per day must be provided by licensed nurses,
 1450  respiratory therapists, respiratory care practitioners, and
 1451  certified nursing assistants.
 1452         b. A minimum licensed nursing staffing of 1.0 hour of
 1453  direct care per resident per day must be provided.
 1454         c. No more than 1.5 hours of certified nursing assistant
 1455  care per resident per day may be counted in determining the
 1456  minimum direct care hours required.
 1457         d. One registered nurse must be on duty on the site 24
 1458  hours per day on the unit where children reside.
 1459         2. For persons under 21 years of age who are medically
 1460  fragile:
 1461         a. A minimum combined average of 5.0 hours of direct care
 1462  per resident per day must be provided by licensed nurses,
 1463  respiratory therapists, respiratory care practitioners, and
 1464  certified nursing assistants.
 1465         b. A minimum licensed nursing staffing of 1.7 hours of
 1466  direct care per resident per day must be provided.
 1467         c. No more than 1.5 hours of certified nursing assistant
 1468  care per resident per day may be counted in determining the
 1469  minimum direct care hours required.
 1470         d. One registered nurse must be on duty on the site 24
 1471  hours per day on the unit where children reside.
 1472         Section 40. Subsection (1) of section 400.275, Florida
 1473  Statutes, is amended to read:
 1474         400.275 Agency duties.—
 1475         (1) The agency shall ensure that each newly hired nursing
 1476  home surveyor, as a part of basic training, is assigned full
 1477  time to a licensed nursing home for at least 2 days within a 7
 1478  day period to observe facility operations outside of the survey
 1479  process before the surveyor begins survey responsibilities. Such
 1480  observations may not be the sole basis of a deficiency citation
 1481  against the facility. The agency may not assign an individual to
 1482  be a member of a survey team for purposes of a survey,
 1483  evaluation, or consultation visit at a nursing home facility in
 1484  which the surveyor was an employee within the preceding 2 5
 1485  years.
 1486         Section 41. Subsection (27) of section 400.462, Florida
 1487  Statutes, is amended to read:
 1488         400.462 Definitions.—As used in this part, the term:
 1489         (27) “Remuneration” means any payment or other benefit made
 1490  directly or indirectly, overtly or covertly, in cash or in kind.
 1491  However, if the term is used in any provision of law relating to
 1492  health care providers, the term does not apply to an item that
 1493  has an individual value of up to $15, including, but not limited
 1494  to, a plaque, a certificate, a trophy, or a novelty item that is
 1495  intended solely for presentation or is customarily given away
 1496  solely for promotional, recognition, or advertising purposes.
 1497         Section 42. For the purpose of incorporating the amendment
 1498  made by this act to section 400.509, Florida Statutes, in a
 1499  reference thereto, paragraph (b) of subsection (5) of section
 1500  400.464, Florida Statutes, is reenacted to read:
 1501         400.464 Home health agencies to be licensed; expiration of
 1502  license; exemptions; unlawful acts; penalties.—
 1503         (5) The following are exempt from the licensure
 1504  requirements of this part:
 1505         (b) Home health services provided by a state agency, either
 1506  directly or through a contractor with:
 1507         1. The Department of Elderly Affairs.
 1508         2. The Department of Health, a community health center, or
 1509  a rural health network that furnishes home visits for the
 1510  purpose of providing environmental assessments, case management,
 1511  health education, personal care services, family planning, or
 1512  followup treatment, or for the purpose of monitoring and
 1513  tracking disease.
 1514         3. Services provided to persons with developmental
 1515  disabilities, as defined in s. 393.063.
 1516         4. Companion and sitter organizations that were registered
 1517  under s. 400.509(1) on January 1, 1999, and were authorized to
 1518  provide personal services under a developmental services
 1519  provider certificate on January 1, 1999, may continue to provide
 1520  such services to past, present, and future clients of the
 1521  organization who need such services, notwithstanding the
 1522  provisions of this act.
 1523         5. The Department of Children and Family Services.
 1524         Section 43. Subsection (6) of section 400.474, Florida
 1525  Statutes, is amended, present subsection (7) is redesignated as
 1526  subsection (8), and a new subsection (7) is added to that
 1527  section, to read:
 1528         400.474 Administrative penalties.—
 1529         (6) The agency may deny, revoke, or suspend the license of
 1530  a home health agency and shall impose a fine of $5,000 against a
 1531  home health agency that:
 1532         (a) Gives remuneration for staffing services to:
 1533         1. Another home health agency with which it has formal or
 1534  informal patient-referral transactions or arrangements; or
 1535         2. A health services pool with which it has formal or
 1536  informal patient-referral transactions or arrangements,
 1537  
 1538  unless the home health agency has activated its comprehensive
 1539  emergency management plan in accordance with s. 400.492. This
 1540  paragraph does not apply to a Medicare-certified home health
 1541  agency that provides fair market value remuneration for staffing
 1542  services to a non-Medicare-certified home health agency that is
 1543  part of a continuing care facility licensed under chapter 651
 1544  for providing services to its own residents if each resident
 1545  receiving home health services pursuant to this arrangement
 1546  attests in writing that he or she made a decision without
 1547  influence from staff of the facility to select, from a list of
 1548  Medicare-certified home health agencies provided by the
 1549  facility, that Medicare-certified home health agency to provide
 1550  the services.
 1551         (b) Provides services to residents in an assisted living
 1552  facility for which the home health agency does not receive fair
 1553  market value remuneration.
 1554         (c) Provides staffing to an assisted living facility for
 1555  which the home health agency does not receive fair market value
 1556  remuneration.
 1557         (d) Fails to provide the agency, upon request, with copies
 1558  of all contracts with assisted living facilities which were
 1559  executed within 5 years before the request.
 1560         (e) Gives remuneration to a case manager, discharge
 1561  planner, facility-based staff member, or third-party vendor who
 1562  is involved in the discharge planning process of a facility
 1563  licensed under chapter 395, chapter 429, or this chapter from
 1564  whom the home health agency receives referrals.
 1565         (f) Fails to submit to the agency, within 15 days after the
 1566  end of each calendar quarter, a written report that includes the
 1567  following data based on data as it existed on the last day of
 1568  the quarter:
 1569         1. The number of insulin-dependent diabetic patients
 1570  receiving insulin-injection services from the home health
 1571  agency;
 1572         2. The number of patients receiving both home health
 1573  services from the home health agency and hospice services;
 1574         3. The number of patients receiving home health services
 1575  from that home health agency; and
 1576         4. The names and license numbers of nurses whose primary
 1577  job responsibility is to provide home health services to
 1578  patients and who received remuneration from the home health
 1579  agency in excess of $25,000 during the calendar quarter.
 1580         (f)(g) Gives cash, or its equivalent, to a Medicare or
 1581  Medicaid beneficiary.
 1582         (g)(h) Has more than one medical director contract in
 1583  effect at one time or more than one medical director contract
 1584  and one contract with a physician-specialist whose services are
 1585  mandated for the home health agency in order to qualify to
 1586  participate in a federal or state health care program at one
 1587  time.
 1588         (h)(i) Gives remuneration to a physician without a medical
 1589  director contract being in effect. The contract must:
 1590         1. Be in writing and signed by both parties;
 1591         2. Provide for remuneration that is at fair market value
 1592  for an hourly rate, which must be supported by invoices
 1593  submitted by the medical director describing the work performed,
 1594  the dates on which that work was performed, and the duration of
 1595  that work; and
 1596         3. Be for a term of at least 1 year.
 1597  
 1598  The hourly rate specified in the contract may not be increased
 1599  during the term of the contract. The home health agency may not
 1600  execute a subsequent contract with that physician which has an
 1601  increased hourly rate and covers any portion of the term that
 1602  was in the original contract.
 1603         (i)(j) Gives remuneration to:
 1604         1. A physician, and the home health agency is in violation
 1605  of paragraph (g) (h) or paragraph (h) (i);
 1606         2. A member of the physician’s office staff; or
 1607         3. An immediate family member of the physician,
 1608  
 1609  if the home health agency has received a patient referral in the
 1610  preceding 12 months from that physician or physician’s office
 1611  staff.
 1612         (j)(k) Fails to provide to the agency, upon request, copies
 1613  of all contracts with a medical director which were executed
 1614  within 5 years before the request.
 1615         (k)(l) Demonstrates a pattern of billing the Medicaid
 1616  program for services to Medicaid recipients which are medically
 1617  unnecessary as determined by a final order. A pattern may be
 1618  demonstrated by a showing of at least two such medically
 1619  unnecessary services within one Medicaid program integrity audit
 1620  period.
 1621  
 1622  Nothing in paragraph (e) or paragraph (i) (j) shall be
 1623  interpreted as applying to or precluding any discount,
 1624  compensation, waiver of payment, or payment practice permitted
 1625  by 42 U.S.C. s. 1320a-7(b) or regulations adopted thereunder,
 1626  including 42 C.F.R. s. 1001.952 or s. 1395nn or regulations
 1627  adopted thereunder.
 1628         (7) Each home health agency shall submit to the agency,
 1629  within 15 days after the end of each calendar quarter, a written
 1630  report that includes the following data as it existed on the
 1631  last day of the quarter:
 1632         (a)The number of insulin-dependent diabetic patients
 1633  receiving insulin-injection services from the home health
 1634  agency.
 1635         (b) The number of patients receiving home health services
 1636  from the home health agency who are also receiving hospice
 1637  services.
 1638         (c)The number of patients receiving home health services
 1639  from the home health agency.
 1640         (d)The names and license numbers of nurses whose primary
 1641  job responsibility is to provide home health services to
 1642  patients and who received remuneration from the home health
 1643  agency in excess of $25,000 during the calendar quarter.
 1644         (e)The number of physicians who were paid by the home
 1645  health agency for professional services of any kind during the
 1646  calendar quarter, the amount paid to each physician, and the
 1647  number of hours each physician spent performing those services.
 1648  
 1649  If the quarterly report is not received by the agency on or
 1650  before the deadline, the agency shall impose a fine in the
 1651  amount of $200 for each day that the report is late, which may
 1652  not exceed $5,000 per quarter.
 1653         Section 44. Section 400.484, Florida Statutes, is amended
 1654  to read:
 1655         400.484 Right of inspection; violations deficiencies;
 1656  fines.—
 1657         (1) In addition to the requirements of s. 408.811, the
 1658  agency may make such inspections and investigations as are
 1659  necessary in order to determine the state of compliance with
 1660  this part, part II of chapter 408, and applicable rules.
 1661         (2) The agency shall impose fines for various classes of
 1662  violations deficiencies in accordance with the following
 1663  schedule:
 1664         (a) A class I violation is defined in s. 408.813 deficiency
 1665  is any act, omission, or practice that results in a patient’s
 1666  death, disablement, or permanent injury, or places a patient at
 1667  imminent risk of death, disablement, or permanent injury. Upon
 1668  finding a class I violation deficiency, the agency shall impose
 1669  an administrative fine in the amount of $15,000 for each
 1670  occurrence and each day that the violation deficiency exists.
 1671         (b) A class II violation is defined in s. 408.813
 1672  deficiency is any act, omission, or practice that has a direct
 1673  adverse effect on the health, safety, or security of a patient.
 1674  Upon finding a class II violation deficiency, the agency shall
 1675  impose an administrative fine in the amount of $5,000 for each
 1676  occurrence and each day that the violation deficiency exists.
 1677         (c) A class III violation is defined in s. 408.813
 1678  deficiency is any act, omission, or practice that has an
 1679  indirect, adverse effect on the health, safety, or security of a
 1680  patient. Upon finding an uncorrected or repeated class III
 1681  violation deficiency, the agency shall impose an administrative
 1682  fine not to exceed $1,000 for each occurrence and each day that
 1683  the uncorrected or repeated violation deficiency exists.
 1684         (d) A class IV violation is defined in s. 408.813
 1685  deficiency is any act, omission, or practice related to required
 1686  reports, forms, or documents which does not have the potential
 1687  of negatively affecting patients. These violations are of a type
 1688  that the agency determines do not threaten the health, safety,
 1689  or security of patients. Upon finding an uncorrected or repeated
 1690  class IV violation deficiency, the agency shall impose an
 1691  administrative fine not to exceed $500 for each occurrence and
 1692  each day that the uncorrected or repeated violation deficiency
 1693  exists.
 1694         (3) In addition to any other penalties imposed pursuant to
 1695  this section or part, the agency may assess costs related to an
 1696  investigation that results in a successful prosecution,
 1697  excluding costs associated with an attorney’s time.
 1698         Section 45. For the purpose of incorporating the amendment
 1699  made by this act to section 400.509, Florida Statutes, in a
 1700  reference thereto, paragraph (a) of subsection (6) of section
 1701  400.506 is reenacted, present subsection (17) of that section is
 1702  renumbered as subsection (18), and a new subsection (17) is
 1703  added to that section, to read:
 1704         400.506 Licensure of nurse registries; requirements;
 1705  penalties.—
 1706         (6)(a) A nurse registry may refer for contract in private
 1707  residences registered nurses and licensed practical nurses
 1708  registered and licensed under part I of chapter 464, certified
 1709  nursing assistants certified under part II of chapter 464, home
 1710  health aides who present documented proof of successful
 1711  completion of the training required by rule of the agency, and
 1712  companions or homemakers for the purposes of providing those
 1713  services authorized under s. 400.509(1). A licensed nurse
 1714  registry shall ensure that each certified nursing assistant
 1715  referred for contract by the nurse registry and each home health
 1716  aide referred for contract by the nurse registry is adequately
 1717  trained to perform the tasks of a home health aide in the home
 1718  setting. Each person referred by a nurse registry must provide
 1719  current documentation that he or she is free from communicable
 1720  diseases.
 1721         (17) An administrator may manage only one nurse registry,
 1722  except that an administrator may manage up to five registries if
 1723  all five registries have identical controlling interests as
 1724  defined in s. 408.803 and are located within one agency
 1725  geographic service area or within an immediately contiguous
 1726  county. An administrator shall designate, in writing, for each
 1727  licensed entity, a qualified alternate administrator to serve
 1728  during the administrator’s absence.
 1729         Section 46. Subsection (1) of section 400.509, Florida
 1730  Statutes, is amended to read:
 1731         400.509 Registration of particular service providers exempt
 1732  from licensure; certificate of registration; regulation of
 1733  registrants.—
 1734         (1) Any organization that provides companion services or
 1735  homemaker services and does not provide a home health service to
 1736  a person is exempt from licensure under this part. However, any
 1737  organization that provides companion services or homemaker
 1738  services must register with the agency. An organization under
 1739  contract with the Agency for Persons with Disabilities which
 1740  provides companion services only for persons with a
 1741  developmental disability, as defined in s. 393.063, is exempt
 1742  from registration.
 1743         Section 47. Subsection (3) of section 400.601, Florida
 1744  Statutes, is amended to read:
 1745         400.601 Definitions.—As used in this part, the term:
 1746         (3) “Hospice” means a centrally administered corporation or
 1747  a limited liability company that provides providing a continuum
 1748  of palliative and supportive care for the terminally ill patient
 1749  and his or her family.
 1750         Section 48. Paragraph (i) of subsection (1) and subsection
 1751  (4) of section 400.606, Florida Statutes, are amended to read:
 1752         400.606 License; application; renewal; conditional license
 1753  or permit; certificate of need.—
 1754         (1) In addition to the requirements of part II of chapter
 1755  408, the initial application and change of ownership application
 1756  must be accompanied by a plan for the delivery of home,
 1757  residential, and homelike inpatient hospice services to
 1758  terminally ill persons and their families. Such plan must
 1759  contain, but need not be limited to:
 1760         (i) The projected annual operating cost of the hospice.
 1761  
 1762  If the applicant is an existing licensed health care provider,
 1763  the application must be accompanied by a copy of the most recent
 1764  profit-loss statement and, if applicable, the most recent
 1765  licensure inspection report.
 1766         (4) A freestanding hospice facility that is primarily
 1767  engaged in providing inpatient and related services and that is
 1768  not otherwise licensed as a health care facility shall be
 1769  required to obtain a certificate of need. However, a
 1770  freestanding hospice facility that has with six or fewer beds is
 1771  shall not be required to comply with institutional standards
 1772  such as, but not limited to, standards requiring sprinkler
 1773  systems, emergency electrical systems, or special lavatory
 1774  devices.
 1775         Section 49. Section 400.915, Florida Statutes, is amended
 1776  to read:
 1777         400.915 Construction and renovation; requirements.—The
 1778  requirements for the construction or renovation of a PPEC center
 1779  shall comply with:
 1780         (1) The provisions of chapter 553, which pertain to
 1781  building construction standards, including plumbing, electrical
 1782  code, glass, manufactured buildings, accessibility for the
 1783  physically disabled;
 1784         (2) The provisions of s. 633.022 and applicable rules
 1785  pertaining to physical minimum standards for nonresidential
 1786  child care physical facilities in rule 10M-12.003, Florida
 1787  Administrative Code, Child Care Standards; and
 1788         (3) The standards or rules adopted pursuant to this part
 1789  and part II of chapter 408.
 1790         Section 50. Subsection (1) of section 400.925, Florida
 1791  Statutes, is amended to read:
 1792         400.925 Definitions.—As used in this part, the term:
 1793         (1) “Accrediting organizations” means the Joint Commission
 1794  on Accreditation of Healthcare Organizations or other national
 1795  accreditation agencies whose standards for accreditation are
 1796  comparable to those required by this part for licensure.
 1797         Section 51. Section 400.931, Florida Statutes, is amended
 1798  to read:
 1799         400.931 Application for license; fee; provisional license;
 1800  temporary permit.—
 1801         (1) In addition to the requirements of part II of chapter
 1802  408, the applicant must file with the application satisfactory
 1803  proof that the home medical equipment provider is in compliance
 1804  with this part and applicable rules, including:
 1805         (a) A report, by category, of the equipment to be provided,
 1806  indicating those offered either directly by the applicant or
 1807  through contractual arrangements with existing providers.
 1808  Categories of equipment include:
 1809         1. Respiratory modalities.
 1810         2. Ambulation aids.
 1811         3. Mobility aids.
 1812         4. Sickroom setup.
 1813         5. Disposables.
 1814         (b) A report, by category, of the services to be provided,
 1815  indicating those offered either directly by the applicant or
 1816  through contractual arrangements with existing providers.
 1817  Categories of services include:
 1818         1. Intake.
 1819         2. Equipment selection.
 1820         3. Delivery.
 1821         4. Setup and installation.
 1822         5. Patient training.
 1823         6. Ongoing service and maintenance.
 1824         7. Retrieval.
 1825         (c) A listing of those with whom the applicant contracts,
 1826  both the providers the applicant uses to provide equipment or
 1827  services to its consumers and the providers for whom the
 1828  applicant provides services or equipment.
 1829         (2) An applicant for initial licensure, change of
 1830  ownership, or license renewal to operate a licensed home medical
 1831  equipment provider at a location outside the state must submit
 1832  documentation of accreditation or an application for
 1833  accreditation from an accrediting organization that is
 1834  recognized by the agency. An applicant that has applied for
 1835  accreditation must provide proof of accreditation that is not
 1836  conditional or provisional within 120 days after the date the
 1837  agency receives the application for licensure or the application
 1838  shall be withdrawn from further consideration. Such
 1839  accreditation must be maintained by the home medical equipment
 1840  provider in order to maintain licensure. As an alternative to
 1841  submitting proof of financial ability to operate as required in
 1842  s. 408.810(8), the applicant may submit a $50,000 surety bond to
 1843  the agency.
 1844         (3) As specified in part II of chapter 408, the home
 1845  medical equipment provider must also obtain and maintain
 1846  professional and commercial liability insurance. Proof of
 1847  liability insurance, as defined in s. 624.605, must be submitted
 1848  with the application. The agency shall set the required amounts
 1849  of liability insurance by rule, but the required amount must not
 1850  be less than $250,000 per claim. In the case of contracted
 1851  services, it is required that the contractor have liability
 1852  insurance not less than $250,000 per claim.
 1853         (4) When a change of the general manager of a home medical
 1854  equipment provider occurs, the licensee must notify the agency
 1855  of the change within 45 days.
 1856         (5) In accordance with s. 408.805, an applicant or a
 1857  licensee shall pay a fee for each license application submitted
 1858  under this part, part II of chapter 408, and applicable rules.
 1859  The amount of the fee shall be established by rule and may not
 1860  exceed $300 per biennium. The agency shall set the fees in an
 1861  amount that is sufficient to cover its costs in carrying out its
 1862  responsibilities under this part. However, state, county, or
 1863  municipal governments applying for licenses under this part are
 1864  exempt from the payment of license fees.
 1865         (6) An applicant for initial licensure, renewal, or change
 1866  of ownership shall also pay an inspection fee not to exceed
 1867  $400, which shall be paid by all applicants except those not
 1868  subject to licensure inspection by the agency as described in s.
 1869  400.933.
 1870         Section 52. Section 400.967, Florida Statutes, is amended
 1871  to read:
 1872         400.967 Rules and classification of violations
 1873  deficiencies.—
 1874         (1) It is the intent of the Legislature that rules adopted
 1875  and enforced under this part and part II of chapter 408 include
 1876  criteria by which a reasonable and consistent quality of
 1877  resident care may be ensured, the results of such resident care
 1878  can be demonstrated, and safe and sanitary facilities can be
 1879  provided.
 1880         (2) Pursuant to the intention of the Legislature, the
 1881  agency, in consultation with the Agency for Persons with
 1882  Disabilities and the Department of Elderly Affairs, shall adopt
 1883  and enforce rules to administer this part and part II of chapter
 1884  408, which shall include reasonable and fair criteria governing:
 1885         (a) The location and construction of the facility;
 1886  including fire and life safety, plumbing, heating, cooling,
 1887  lighting, ventilation, and other housing conditions that ensure
 1888  the health, safety, and comfort of residents. The agency shall
 1889  establish standards for facilities and equipment to increase the
 1890  extent to which new facilities and a new wing or floor added to
 1891  an existing facility after July 1, 2000, are structurally
 1892  capable of serving as shelters only for residents, staff, and
 1893  families of residents and staff, and equipped to be self
 1894  supporting during and immediately following disasters. The
 1895  agency shall update or revise the criteria as the need arises.
 1896  All facilities must comply with those lifesafety code
 1897  requirements and building code standards applicable at the time
 1898  of approval of their construction plans. The agency may require
 1899  alterations to a building if it determines that an existing
 1900  condition constitutes a distinct hazard to life, health, or
 1901  safety. The agency shall adopt fair and reasonable rules setting
 1902  forth conditions under which existing facilities undergoing
 1903  additions, alterations, conversions, renovations, or repairs are
 1904  required to comply with the most recent updated or revised
 1905  standards.
 1906         (b) The number and qualifications of all personnel,
 1907  including management, medical nursing, and other personnel,
 1908  having responsibility for any part of the care given to
 1909  residents.
 1910         (c) All sanitary conditions within the facility and its
 1911  surroundings, including water supply, sewage disposal, food
 1912  handling, and general hygiene, which will ensure the health and
 1913  comfort of residents.
 1914         (d) The equipment essential to the health and welfare of
 1915  the residents.
 1916         (e) A uniform accounting system.
 1917         (f) The care, treatment, and maintenance of residents and
 1918  measurement of the quality and adequacy thereof.
 1919         (g) The preparation and annual update of a comprehensive
 1920  emergency management plan. The agency shall adopt rules
 1921  establishing minimum criteria for the plan after consultation
 1922  with the Division of Emergency Management. At a minimum, the
 1923  rules must provide for plan components that address emergency
 1924  evacuation transportation; adequate sheltering arrangements;
 1925  postdisaster activities, including emergency power, food, and
 1926  water; postdisaster transportation; supplies; staffing;
 1927  emergency equipment; individual identification of residents and
 1928  transfer of records; and responding to family inquiries. The
 1929  comprehensive emergency management plan is subject to review and
 1930  approval by the local emergency management agency. During its
 1931  review, the local emergency management agency shall ensure that
 1932  the following agencies, at a minimum, are given the opportunity
 1933  to review the plan: the Department of Elderly Affairs, the
 1934  Agency for Persons with Disabilities, the Agency for Health Care
 1935  Administration, and the Division of Emergency Management. Also,
 1936  appropriate volunteer organizations must be given the
 1937  opportunity to review the plan. The local emergency management
 1938  agency shall complete its review within 60 days and either
 1939  approve the plan or advise the facility of necessary revisions.
 1940         (h) The use of restraint and seclusion. Such rules must be
 1941  consistent with recognized best practices; prohibit inherently
 1942  dangerous restraint or seclusion procedures; establish
 1943  limitations on the use and duration of restraint and seclusion;
 1944  establish measures to ensure the safety of clients and staff
 1945  during an incident of restraint or seclusion; establish
 1946  procedures for staff to follow before, during, and after
 1947  incidents of restraint or seclusion, including individualized
 1948  plans for the use of restraints or seclusion in emergency
 1949  situations; establish professional qualifications of and
 1950  training for staff who may order or be engaged in the use of
 1951  restraint or seclusion; establish requirements for facility data
 1952  collection and reporting relating to the use of restraint and
 1953  seclusion; and establish procedures relating to the
 1954  documentation of the use of restraint or seclusion in the
 1955  client’s facility or program record.
 1956         (3) The agency shall adopt rules to provide that, when the
 1957  criteria established under this part and part II of chapter 408
 1958  are not met, such violations deficiencies shall be classified
 1959  according to the nature of the violation deficiency. The agency
 1960  shall indicate the classification on the face of the notice of
 1961  violation deficiencies as follows:
 1962         (a) A class I violation is defined in s. 408.813
 1963  deficiencies are those which the agency determines present an
 1964  imminent danger to the residents or guests of the facility or a
 1965  substantial probability that death or serious physical harm
 1966  would result therefrom. The condition or practice constituting a
 1967  class I violation must be abated or eliminated immediately,
 1968  unless a fixed period of time, as determined by the agency, is
 1969  required for correction. A class I violation deficiency is
 1970  subject to a civil penalty in an amount not less than $5,000 and
 1971  not exceeding $10,000 for each violation deficiency. A fine may
 1972  be levied notwithstanding the correction of the violation
 1973  deficiency.
 1974         (b) A class II violation is defined in s. 408.813
 1975  deficiencies are those which the agency determines have a direct
 1976  or immediate relationship to the health, safety, or security of
 1977  the facility residents, other than class I deficiencies. A class
 1978  II violation deficiency is subject to a civil penalty in an
 1979  amount not less than $1,000 and not exceeding $5,000 for each
 1980  violation deficiency. A citation for a class II violation
 1981  deficiency shall specify the time within which the violation
 1982  deficiency must be corrected. If a class II violation deficiency
 1983  is corrected within the time specified, no civil penalty shall
 1984  be imposed, unless it is a repeated offense.
 1985         (c) A class III violation is defined in s. 408.813
 1986  deficiencies are those which the agency determines to have an
 1987  indirect or potential relationship to the health, safety, or
 1988  security of the facility residents, other than class I or class
 1989  II deficiencies. A class III violation deficiency is subject to
 1990  a civil penalty of not less than $500 and not exceeding $1,000
 1991  for each violation deficiency. A citation for a class III
 1992  violation deficiency shall specify the time within which the
 1993  violation deficiency must be corrected. If a class III violation
 1994  deficiency is corrected within the time specified, no civil
 1995  penalty shall be imposed, unless it is a repeated offense.
 1996         (d) A class IV violation is defined in s. 408.813. Upon
 1997  finding an uncorrected or repeated class IV violation, the
 1998  agency shall impose an administrative fine not to exceed $500
 1999  for each occurrence and each day that the uncorrected or
 2000  repeated violation exists.
 2001         (4) The agency shall approve or disapprove the plans and
 2002  specifications within 60 days after receipt of the final plans
 2003  and specifications. The agency may be granted one 15-day
 2004  extension for the review period, if the secretary of the agency
 2005  so approves. If the agency fails to act within the specified
 2006  time, it is deemed to have approved the plans and
 2007  specifications. When the agency disapproves plans and
 2008  specifications, it must set forth in writing the reasons for
 2009  disapproval. Conferences and consultations may be provided as
 2010  necessary.
 2011         (5) The agency may charge an initial fee of $2,000 for
 2012  review of plans and construction on all projects, no part of
 2013  which is refundable. The agency may also collect a fee, not to
 2014  exceed 1 percent of the estimated construction cost or the
 2015  actual cost of review, whichever is less, for the portion of the
 2016  review which encompasses initial review through the initial
 2017  revised construction document review. The agency may collect its
 2018  actual costs on all subsequent portions of the review and
 2019  construction inspections. Initial fee payment must accompany the
 2020  initial submission of plans and specifications. Any subsequent
 2021  payment that is due is payable upon receipt of the invoice from
 2022  the agency. Notwithstanding any other provision of law, all
 2023  money received by the agency under this section shall be deemed
 2024  to be trust funds, to be held and applied solely for the
 2025  operations required under this section.
 2026         Section 53. Subsections (4) and (7) of section 400.9905,
 2027  Florida Statutes, are amended to read:
 2028         400.9905 Definitions.—
 2029         (4) “Clinic” means an entity at which health care services
 2030  are provided to individuals and which tenders charges for
 2031  reimbursement for such services, including a mobile clinic and a
 2032  portable health service or equipment provider. For purposes of
 2033  this part, the term does not include and the licensure
 2034  requirements of this part do not apply to:
 2035         (a) Entities licensed or registered by the state under
 2036  chapter 395; or entities licensed or registered by the state and
 2037  providing only health care services within the scope of services
 2038  authorized under their respective licenses granted under ss.
 2039  383.30-383.335, chapter 390, chapter 394, chapter 397, this
 2040  chapter except part X, chapter 429, chapter 463, chapter 465,
 2041  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
 2042  chapter 651; end-stage renal disease providers authorized under
 2043  42 C.F.R. part 405, subpart U; or providers certified under 42
 2044  C.F.R. part 485, subpart B or subpart H; or any entity that
 2045  provides neonatal or pediatric hospital-based health care
 2046  services or other health care services by licensed practitioners
 2047  solely within a hospital licensed under chapter 395.
 2048         (b) Entities that own, directly or indirectly, entities
 2049  licensed or registered by the state pursuant to chapter 395; or
 2050  entities that own, directly or indirectly, entities licensed or
 2051  registered by the state and providing only health care services
 2052  within the scope of services authorized pursuant to their
 2053  respective licenses granted under ss. 383.30-383.335, chapter
 2054  390, chapter 394, chapter 397, this chapter except part X,
 2055  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
 2056  part I of chapter 483, chapter 484, chapter 651; end-stage renal
 2057  disease providers authorized under 42 C.F.R. part 405, subpart
 2058  U; or providers certified under 42 C.F.R. part 485, subpart B or
 2059  subpart H; or any entity that provides neonatal or pediatric
 2060  hospital-based health care services by licensed practitioners
 2061  solely within a hospital licensed under chapter 395.
 2062         (c) Entities that are owned, directly or indirectly, by an
 2063  entity licensed or registered by the state pursuant to chapter
 2064  395; or entities that are owned, directly or indirectly, by an
 2065  entity licensed or registered by the state and providing only
 2066  health care services within the scope of services authorized
 2067  pursuant to their respective licenses granted under ss. 383.30
 2068  383.335, chapter 390, chapter 394, chapter 397, this chapter
 2069  except part X, chapter 429, chapter 463, chapter 465, chapter
 2070  466, chapter 478, part I of chapter 483, chapter 484, or chapter
 2071  651; end-stage renal disease providers authorized under 42
 2072  C.F.R. part 405, subpart U; or providers certified under 42
 2073  C.F.R. part 485, subpart B or subpart H; or any entity that
 2074  provides neonatal or pediatric hospital-based health care
 2075  services by licensed practitioners solely within a hospital
 2076  under chapter 395.
 2077         (d) Entities that are under common ownership, directly or
 2078  indirectly, with an entity licensed or registered by the state
 2079  pursuant to chapter 395; or entities that are under common
 2080  ownership, directly or indirectly, with an entity licensed or
 2081  registered by the state and providing only health care services
 2082  within the scope of services authorized pursuant to their
 2083  respective licenses granted under ss. 383.30-383.335, chapter
 2084  390, chapter 394, chapter 397, this chapter except part X,
 2085  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
 2086  part I of chapter 483, chapter 484, or chapter 651; end-stage
 2087  renal disease providers authorized under 42 C.F.R. part 405,
 2088  subpart U; or providers certified under 42 C.F.R. part 485,
 2089  subpart B or subpart H; or any entity that provides neonatal or
 2090  pediatric hospital-based health care services by licensed
 2091  practitioners solely within a hospital licensed under chapter
 2092  395.
 2093         (e) An entity that is exempt from federal taxation under 26
 2094  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 2095  under 26 U.S.C. s. 409 that has a board of trustees not less
 2096  than two-thirds of which are Florida-licensed health care
 2097  practitioners and provides only physical therapy services under
 2098  physician orders, any community college or university clinic,
 2099  and any entity owned or operated by the federal or state
 2100  government, including agencies, subdivisions, or municipalities
 2101  thereof.
 2102         (f) A sole proprietorship, group practice, partnership, or
 2103  corporation that provides health care services by physicians
 2104  covered by s. 627.419, that is directly supervised by one or
 2105  more of such physicians, and that is wholly owned by one or more
 2106  of those physicians or by a physician and the spouse, parent,
 2107  child, or sibling of that physician.
 2108         (g) A sole proprietorship, group practice, partnership, or
 2109  corporation that provides health care services by licensed
 2110  health care practitioners under chapter 457, chapter 458,
 2111  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 2112  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 2113  chapter 490, chapter 491, or part I, part III, part X, part
 2114  XIII, or part XIV of chapter 468, or s. 464.012, which are
 2115  wholly owned by one or more licensed health care practitioners,
 2116  or the licensed health care practitioners set forth in this
 2117  paragraph and the spouse, parent, child, or sibling of a
 2118  licensed health care practitioner, so long as one of the owners
 2119  who is a licensed health care practitioner is supervising the
 2120  business activities and is legally responsible for the entity’s
 2121  compliance with all federal and state laws. However, a health
 2122  care practitioner may not supervise services beyond the scope of
 2123  the practitioner’s license, except that, for the purposes of
 2124  this part, a clinic owned by a licensee in s. 456.053(3)(b) that
 2125  provides only services authorized pursuant to s. 456.053(3)(b)
 2126  may be supervised by a licensee specified in s. 456.053(3)(b).
 2127         (h) Clinical facilities affiliated with an accredited
 2128  medical school at which training is provided for medical
 2129  students, residents, or fellows.
 2130         (i) Entities that provide only oncology or radiation
 2131  therapy services by physicians licensed under chapter 458 or
 2132  chapter 459 or entities that provide oncology or radiation
 2133  therapy services by physicians licensed under chapter 458 or
 2134  chapter 459 which are owned by a corporation whose shares are
 2135  publicly traded on a recognized stock exchange.
 2136         (j) Clinical facilities affiliated with a college of
 2137  chiropractic accredited by the Council on Chiropractic Education
 2138  at which training is provided for chiropractic students.
 2139         (k) Entities that provide licensed practitioners to staff
 2140  emergency departments or to deliver anesthesia services in
 2141  facilities licensed under chapter 395 and that derive at least
 2142  90 percent of their gross annual revenues from the provision of
 2143  such services. Entities claiming an exemption from licensure
 2144  under this paragraph must provide documentation demonstrating
 2145  compliance.
 2146         (l) Orthotic, or prosthetic, pediatric cardiology,
 2147  perinatology, or anesthesia clinical facilities that are a
 2148  publicly traded corporation or that are wholly owned, directly
 2149  or indirectly, by a publicly traded corporation. As used in this
 2150  paragraph, a publicly traded corporation is a corporation that
 2151  issues securities traded on an exchange registered with the
 2152  United States Securities and Exchange Commission as a national
 2153  securities exchange.
 2154         (m) Entities that are owned by a corporation that has $250
 2155  million or more in total annual sales of health care services
 2156  provided by licensed health care practitioners when one or more
 2157  of the owners of the entity is a health care practitioner who is
 2158  licensed in this state, is responsible for supervising the
 2159  business activities of the entity, and is legally responsible
 2160  for the entity’s compliance with state law for purposes of this
 2161  section.
 2162         (n) Entities that are owned or controlled, directly or
 2163  indirectly, by a publicly traded entity with $100 million or
 2164  more, in the aggregate, in total annual revenues derived from
 2165  providing health care services by licensed health care
 2166  practitioners that are employed or contracted by an entity
 2167  described in this paragraph.
 2168         (o) Entities that employ 50 or more licensed health care
 2169  practitioners licensed under chapter 458 or chapter 459 when the
 2170  billing for medical services is under a single tax
 2171  identification number. The application for exemption from
 2172  licensure requirements under this paragraph shall contain the
 2173  name, residence address, business address, and telephone numbers
 2174  of the entity that owns the clinic; a complete list of the names
 2175  and contact information of all the officers and directors of the
 2176  corporation; the name, residence address, business address, and
 2177  medical practitioner license number of each health care
 2178  practitioner employed by the entity; the corporate tax
 2179  identification number of the entity seeking an exemption; a
 2180  listing of health care services to be provided by the entity at
 2181  the health care clinics owned or operated by the entity; and a
 2182  certified statement prepared by an independent certified public
 2183  accountant which states that the entity and the health care
 2184  clinics owned or operated by the entity have not received
 2185  payment for health care services under personal injury
 2186  protection insurance coverage for the preceding year. If the
 2187  agency determines that an entity that is exempt under this
 2188  paragraph has received payments for medical services under
 2189  personal injury protection insurance coverage, the agency may
 2190  deny or revoke the exemption from licensure under this
 2191  paragraph.
 2192         (7) “Portable health service or equipment provider” means
 2193  an entity that contracts with or employs persons to provide
 2194  portable health services or equipment to multiple locations
 2195  performing treatment or diagnostic testing of individuals, that
 2196  bills third-party payors for those services, and that otherwise
 2197  meets the definition of a clinic in subsection (4).
 2198         Section 54. Paragraph (b) of subsection (1) and subsection
 2199  (4) of section 400.991, Florida Statutes, are amended to read:
 2200         400.991 License requirements; background screenings;
 2201  prohibitions.—
 2202         (1)
 2203         (b) Each mobile clinic must obtain a separate health care
 2204  clinic license and must provide to the agency, at least
 2205  quarterly, its projected street location to enable the agency to
 2206  locate and inspect such clinic. A portable health service or
 2207  equipment provider must obtain a health care clinic license for
 2208  a single administrative office and is not required to submit
 2209  quarterly projected street locations.
 2210         (4) In addition to the requirements of part II of chapter
 2211  408, the applicant must file with the application satisfactory
 2212  proof that the clinic is in compliance with this part and
 2213  applicable rules, including:
 2214         (a) A listing of services to be provided either directly by
 2215  the applicant or through contractual arrangements with existing
 2216  providers;
 2217         (b) The number and discipline of each professional staff
 2218  member to be employed; and
 2219         (c) Proof of financial ability to operate as required under
 2220  ss. s. 408.810(8) and 408.8065. As an alternative to submitting
 2221  proof of financial ability to operate as required under s.
 2222  408.810(8), the applicant may file a surety bond of at least
 2223  $500,000 which guarantees that the clinic will act in full
 2224  conformity with all legal requirements for operating a clinic,
 2225  payable to the agency. The agency may adopt rules to specify
 2226  related requirements for such surety bond.
 2227         Section 55. Paragraphs (g) and (i) of subsection (1) and
 2228  paragraph (a) of subsection (7) of section 400.9935, Florida
 2229  Statutes, are amended to read:
 2230         400.9935 Clinic responsibilities.—
 2231         (1) Each clinic shall appoint a medical director or clinic
 2232  director who shall agree in writing to accept legal
 2233  responsibility for the following activities on behalf of the
 2234  clinic. The medical director or the clinic director shall:
 2235         (g) Conduct systematic reviews of clinic billings to ensure
 2236  that the billings are not fraudulent or unlawful. Upon discovery
 2237  of an unlawful charge, the medical director or clinic director
 2238  shall take immediate corrective action. If the clinic performs
 2239  only the technical component of magnetic resonance imaging,
 2240  static radiographs, computed tomography, or positron emission
 2241  tomography, and provides the professional interpretation of such
 2242  services, in a fixed facility that is accredited by the Joint
 2243  Commission on Accreditation of Healthcare Organizations or the
 2244  Accreditation Association for Ambulatory Health Care, and the
 2245  American College of Radiology; and if, in the preceding quarter,
 2246  the percentage of scans performed by that clinic which was
 2247  billed to all personal injury protection insurance carriers was
 2248  less than 15 percent, the chief financial officer of the clinic
 2249  may, in a written acknowledgment provided to the agency, assume
 2250  the responsibility for the conduct of the systematic reviews of
 2251  clinic billings to ensure that the billings are not fraudulent
 2252  or unlawful.
 2253         (i) Ensure that the clinic publishes a schedule of charges
 2254  for the medical services offered to patients. The schedule must
 2255  include the prices charged to an uninsured person paying for
 2256  such services by cash, check, credit card, or debit card. The
 2257  schedule must be posted in a conspicuous place in the reception
 2258  area of the urgent care center and must include, but is not
 2259  limited to, the 50 services most frequently provided by the
 2260  clinic. The schedule may group services by three price levels,
 2261  listing services in each price level. The posting may be a sign
 2262  that must be at least 15 square feet in size or through an
 2263  electronic messaging board that is at least 3 square feet in
 2264  size. The failure of a clinic to publish and post a schedule of
 2265  charges as required by this section shall result in a fine of
 2266  not more than $1,000, per day, until the schedule is published
 2267  and posted.
 2268         (7)(a) Each clinic engaged in magnetic resonance imaging
 2269  services must be accredited by the Joint Commission on
 2270  Accreditation of Healthcare Organizations, the American College
 2271  of Radiology, or the Accreditation Association for Ambulatory
 2272  Health Care, within 1 year after licensure. A clinic that is
 2273  accredited by the American College of Radiology or is within the
 2274  original 1-year period after licensure and replaces its core
 2275  magnetic resonance imaging equipment shall be given 1 year after
 2276  the date on which the equipment is replaced to attain
 2277  accreditation. However, a clinic may request a single, 6-month
 2278  extension if it provides evidence to the agency establishing
 2279  that, for good cause shown, such clinic cannot be accredited
 2280  within 1 year after licensure, and that such accreditation will
 2281  be completed within the 6-month extension. After obtaining
 2282  accreditation as required by this subsection, each such clinic
 2283  must maintain accreditation as a condition of renewal of its
 2284  license. A clinic that files a change of ownership application
 2285  must comply with the original accreditation timeframe
 2286  requirements of the transferor. The agency shall deny a change
 2287  of ownership application if the clinic is not in compliance with
 2288  the accreditation requirements. When a clinic adds, replaces, or
 2289  modifies magnetic resonance imaging equipment and the
 2290  accreditation agency requires new accreditation, the clinic must
 2291  be accredited within 1 year after the date of the addition,
 2292  replacement, or modification but may request a single, 6-month
 2293  extension if the clinic provides evidence of good cause to the
 2294  agency.
 2295         Section 56. Paragraph (a) of subsection (2) of section
 2296  408.033, Florida Statutes, is amended to read:
 2297         408.033 Local and state health planning.—
 2298         (2) FUNDING.—
 2299         (a) The Legislature intends that the cost of local health
 2300  councils be borne by assessments on selected health care
 2301  facilities subject to facility licensure by the Agency for
 2302  Health Care Administration, including abortion clinics, assisted
 2303  living facilities, ambulatory surgical centers, birthing
 2304  centers, clinical laboratories except community nonprofit blood
 2305  banks and clinical laboratories operated by practitioners for
 2306  exclusive use regulated under s. 483.035, home health agencies,
 2307  hospices, hospitals, intermediate care facilities for the
 2308  developmentally disabled, nursing homes, health care clinics,
 2309  and multiphasic testing centers and by assessments on
 2310  organizations subject to certification by the agency pursuant to
 2311  chapter 641, part III, including health maintenance
 2312  organizations and prepaid health clinics. Fees assessed may be
 2313  collected prospectively at the time of licensure renewal and
 2314  prorated for the licensure period.
 2315         Section 57. Subsection (2) of section 408.034, Florida
 2316  Statutes, is amended to read:
 2317         408.034 Duties and responsibilities of agency; rules.—
 2318         (2) In the exercise of its authority to issue licenses to
 2319  health care facilities and health service providers, as provided
 2320  under chapters 393 and 395 and parts II, and IV, and VIII of
 2321  chapter 400, the agency may not issue a license to any health
 2322  care facility or health service provider that fails to receive a
 2323  certificate of need or an exemption for the licensed facility or
 2324  service.
 2325         Section 58. Paragraph (d) of subsection (1) of section
 2326  408.036, Florida Statutes, is amended to read:
 2327         408.036 Projects subject to review; exemptions.—
 2328         (1) APPLICABILITY.—Unless exempt under subsection (3), all
 2329  health-care-related projects, as described in paragraphs (a)
 2330  (g), are subject to review and must file an application for a
 2331  certificate of need with the agency. The agency is exclusively
 2332  responsible for determining whether a health-care-related
 2333  project is subject to review under ss. 408.031-408.045.
 2334         (d) The establishment of a hospice or hospice inpatient
 2335  facility, except as provided in s. 408.043.
 2336         Section 59. Paragraph (c) of subsection (1) of section
 2337  408.037, Florida Statutes, is amended to read:
 2338         408.037 Application content.—
 2339         (1) Except as provided in subsection (2) for a general
 2340  hospital, an application for a certificate of need must contain:
 2341         (c) An audited financial statement of the applicant or the
 2342  applicant’s parent corporation if audited financial statements
 2343  of the applicant do not exist. In an application submitted by an
 2344  existing health care facility, health maintenance organization,
 2345  or hospice, financial condition documentation must include, but
 2346  need not be limited to, a balance sheet and a profit-and-loss
 2347  statement of the 2 previous fiscal years’ operation.
 2348         Section 60. Subsection (2) of section 408.043, Florida
 2349  Statutes, is amended to read:
 2350         408.043 Special provisions.—
 2351         (2) HOSPICES.—When an application is made for a certificate
 2352  of need to establish or to expand a hospice, the need for such
 2353  hospice shall be determined on the basis of the need for and
 2354  availability of hospice services in the community. The formula
 2355  on which the certificate of need is based shall discourage
 2356  regional monopolies and promote competition. The inpatient
 2357  hospice care component of a hospice which is a freestanding
 2358  facility, or a part of a facility, which is primarily engaged in
 2359  providing inpatient care and related services and is not
 2360  otherwiselicensed as a another type health care facility, shall
 2361  also be required to obtain a certificate of need. Provision of
 2362  hospice care by any current provider of health care is a
 2363  significant change in service and therefore requires a
 2364  certificate of need for such services.
 2365         Section 61. Paragraph (k) of subsection (3) of section
 2366  408.05, Florida Statutes, is amended to read:
 2367         408.05 Florida Center for Health Information and Policy
 2368  Analysis.—
 2369         (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.—In order to
 2370  produce comparable and uniform health information and statistics
 2371  for the development of policy recommendations, the agency shall
 2372  perform the following functions:
 2373         (k) Develop, in conjunction with the State Consumer Health
 2374  Information and Policy Advisory Council, and implement a long
 2375  range plan for making available health care quality measures and
 2376  financial data that will allow consumers to compare health care
 2377  services. The health care quality measures and financial data
 2378  the agency must make available shall include, but is not limited
 2379  to, pharmaceuticals, physicians, health care facilities, and
 2380  health plans and managed care entities. The agency shall update
 2381  the plan and report on the status of its implementation
 2382  annually. The agency shall also make the plan and status report
 2383  available to the public on its Internet website. As part of the
 2384  plan, the agency shall identify the process and timeframes for
 2385  implementation, any barriers to implementation, and
 2386  recommendations of changes in the law that may be enacted by the
 2387  Legislature to eliminate the barriers. As preliminary elements
 2388  of the plan, the agency shall:
 2389         1. Make available patient-safety indicators, inpatient
 2390  quality indicators, and performance outcome and patient charge
 2391  data collected from health care facilities pursuant to s.
 2392  408.061(1)(a) and (2). The terms “patient-safety indicators” and
 2393  “inpatient quality indicators” shall be as defined by the
 2394  Centers for Medicare and Medicaid Services, the National Quality
 2395  Forum, the Joint Commission on Accreditation of Healthcare
 2396  Organizations, the Agency for Healthcare Research and Quality,
 2397  the Centers for Disease Control and Prevention, or a similar
 2398  national entity that establishes standards to measure the
 2399  performance of health care providers, or by other states. The
 2400  agency shall determine which conditions, procedures, health care
 2401  quality measures, and patient charge data to disclose based upon
 2402  input from the council. When determining which conditions and
 2403  procedures are to be disclosed, the council and the agency shall
 2404  consider variation in costs, variation in outcomes, and
 2405  magnitude of variations and other relevant information. When
 2406  determining which health care quality measures to disclose, the
 2407  agency:
 2408         a. Shall consider such factors as volume of cases; average
 2409  patient charges; average length of stay; complication rates;
 2410  mortality rates; and infection rates, among others, which shall
 2411  be adjusted for case mix and severity, if applicable.
 2412         b. May consider such additional measures that are adopted
 2413  by the Centers for Medicare and Medicaid Studies, National
 2414  Quality Forum, the Joint Commission on Accreditation of
 2415  Healthcare Organizations, the Agency for Healthcare Research and
 2416  Quality, Centers for Disease Control and Prevention, or a
 2417  similar national entity that establishes standards to measure
 2418  the performance of health care providers, or by other states.
 2419  
 2420  When determining which patient charge data to disclose, the
 2421  agency shall include such measures as the average of
 2422  undiscounted charges on frequently performed procedures and
 2423  preventive diagnostic procedures, the range of procedure charges
 2424  from highest to lowest, average net revenue per adjusted patient
 2425  day, average cost per adjusted patient day, and average cost per
 2426  admission, among others.
 2427         2. Make available performance measures, benefit design, and
 2428  premium cost data from health plans licensed pursuant to chapter
 2429  627 or chapter 641. The agency shall determine which health care
 2430  quality measures and member and subscriber cost data to
 2431  disclose, based upon input from the council. When determining
 2432  which data to disclose, the agency shall consider information
 2433  that may be required by either individual or group purchasers to
 2434  assess the value of the product, which may include membership
 2435  satisfaction, quality of care, current enrollment or membership,
 2436  coverage areas, accreditation status, premium costs, plan costs,
 2437  premium increases, range of benefits, copayments and
 2438  deductibles, accuracy and speed of claims payment, credentials
 2439  of physicians, number of providers, names of network providers,
 2440  and hospitals in the network. Health plans shall make available
 2441  to the agency any such data or information that is not currently
 2442  reported to the agency or the office.
 2443         3. Determine the method and format for public disclosure of
 2444  data reported pursuant to this paragraph. The agency shall make
 2445  its determination based upon input from the State Consumer
 2446  Health Information and Policy Advisory Council. At a minimum,
 2447  the data shall be made available on the agency’s Internet
 2448  website in a manner that allows consumers to conduct an
 2449  interactive search that allows them to view and compare the
 2450  information for specific providers. The website must include
 2451  such additional information as is determined necessary to ensure
 2452  that the website enhances informed decisionmaking among
 2453  consumers and health care purchasers, which shall include, at a
 2454  minimum, appropriate guidance on how to use the data and an
 2455  explanation of why the data may vary from provider to provider.
 2456         4. Publish on its website undiscounted charges for no fewer
 2457  than 150 of the most commonly performed adult and pediatric
 2458  procedures, including outpatient, inpatient, diagnostic, and
 2459  preventative procedures.
 2460         Section 62. Paragraph (a) of subsection (1) of section
 2461  408.061, Florida Statutes, is amended to read:
 2462         408.061 Data collection; uniform systems of financial
 2463  reporting; information relating to physician charges;
 2464  confidential information; immunity.—
 2465         (1) The agency shall require the submission by health care
 2466  facilities, health care providers, and health insurers of data
 2467  necessary to carry out the agency’s duties. Specifications for
 2468  data to be collected under this section shall be developed by
 2469  the agency with the assistance of technical advisory panels
 2470  including representatives of affected entities, consumers,
 2471  purchasers, and such other interested parties as may be
 2472  determined by the agency.
 2473         (a) Data submitted by health care facilities, including the
 2474  facilities as defined in chapter 395, shall include, but are not
 2475  limited to: case-mix data, patient admission and discharge data,
 2476  hospital emergency department data which shall include the
 2477  number of patients treated in the emergency department of a
 2478  licensed hospital reported by patient acuity level, data on
 2479  hospital-acquired infections as specified by rule, data on
 2480  complications as specified by rule, data on readmissions as
 2481  specified by rule, with patient and provider-specific
 2482  identifiers included, actual charge data by diagnostic groups,
 2483  financial data, accounting data, operating expenses, expenses
 2484  incurred for rendering services to patients who cannot or do not
 2485  pay, interest charges, depreciation expenses based on the
 2486  expected useful life of the property and equipment involved, and
 2487  demographic data. The agency shall adopt nationally recognized
 2488  risk adjustment methodologies or software consistent with the
 2489  standards of the Agency for Healthcare Research and Quality and
 2490  as selected by the agency for all data submitted as required by
 2491  this section. Data may be obtained from documents such as, but
 2492  not limited to: leases, contracts, debt instruments, itemized
 2493  patient bills, medical record abstracts, and related diagnostic
 2494  information. Reported data elements shall be reported
 2495  electronically and in accordance with rule 59E-7.012, Florida
 2496  Administrative Code. Data submitted shall be certified by the
 2497  chief executive officer or an appropriate and duly authorized
 2498  representative or employee of the licensed facility that the
 2499  information submitted is true and accurate.
 2500         Section 63. Subsection (43) of section 408.07, Florida
 2501  Statutes, is amended to read:
 2502         408.07 Definitions.—As used in this chapter, with the
 2503  exception of ss. 408.031-408.045, the term:
 2504         (43) “Rural hospital” means an acute care hospital licensed
 2505  under chapter 395, having 100 or fewer licensed beds and an
 2506  emergency room, and which is:
 2507         (a) The sole provider within a county with a population
 2508  density of no greater than 100 persons per square mile;
 2509         (b) An acute care hospital, in a county with a population
 2510  density of no greater than 100 persons per square mile, which is
 2511  at least 30 minutes of travel time, on normally traveled roads
 2512  under normal traffic conditions, from another acute care
 2513  hospital within the same county;
 2514         (c) A hospital supported by a tax district or subdistrict
 2515  whose boundaries encompass a population of 100 persons or fewer
 2516  per square mile;
 2517         (d) A hospital with a service area that has a population of
 2518  100 persons or fewer per square mile. As used in this paragraph,
 2519  the term “service area” means the fewest number of zip codes
 2520  that account for 75 percent of the hospital’s discharges for the
 2521  most recent 5-year period, based on information available from
 2522  the hospital inpatient discharge database in the Florida Center
 2523  for Health Information and Policy Analysis at the Agency for
 2524  Health Care Administration; or
 2525         (e) A critical access hospital.
 2526  
 2527  Population densities used in this subsection must be based upon
 2528  the most recently completed United States census. A hospital
 2529  that received funds under s. 409.9116 for a quarter beginning no
 2530  later than July 1, 2002, is deemed to have been and shall
 2531  continue to be a rural hospital from that date through June 30,
 2532  2015, if the hospital continues to have 100 or fewer licensed
 2533  beds and an emergency room, or meets the criteria of s.
 2534  395.602(2)(e)4. An acute care hospital that has not previously
 2535  been designated as a rural hospital and that meets the criteria
 2536  of this subsection shall be granted such designation upon
 2537  application, including supporting documentation, to the Agency
 2538  for Health Care Administration.
 2539         Section 64. Section 408.10, Florida Statutes, is amended to
 2540  read:
 2541         408.10 Consumer complaints.—The agency shall:
 2542         (1) publish and make available to the public a toll-free
 2543  telephone number for the purpose of handling consumer complaints
 2544  and shall serve as a liaison between consumer entities and other
 2545  private entities and governmental entities for the disposition
 2546  of problems identified by consumers of health care.
 2547         (2) Be empowered to investigate consumer complaints
 2548  relating to problems with health care facilities’ billing
 2549  practices and issue reports to be made public in any cases where
 2550  the agency determines the health care facility has engaged in
 2551  billing practices which are unreasonable and unfair to the
 2552  consumer.
 2553         Section 65. Effective May 1, 2012, subsection (15) is added
 2554  to section 408.7056, Florida Statutes, to read:
 2555         408.7056 Subscriber Assistance Program.—
 2556         (15) This section applies only to prepaid health clinics
 2557  certified under chapter 641, Florida Healthy Kids plans, and
 2558  health plan insurance policies or health maintenance contracts
 2559  that meet the requirements of 45 C.F.R. s. 147.140 and only if
 2560  the health plan has not elected to have all of its health
 2561  insurance policies or health maintenance contracts subject to
 2562  the applicable internal grievance and external review processes
 2563  by an independent review organization. A health plan must notify
 2564  the agency in writing if it elects to have all of its health
 2565  insurance policies or health maintenance contracts subject to
 2566  the processes of external review by an independent review
 2567  organization.
 2568         Section 66. Subsections (12) through (30) of section
 2569  408.802, Florida Statutes, are renumbered as subsections (11)
 2570  through (29), respectively, and present subsection (11) of that
 2571  section is amended, to read:
 2572         408.802 Applicability.—The provisions of this part apply to
 2573  the provision of services that require licensure as defined in
 2574  this part and to the following entities licensed, registered, or
 2575  certified by the agency, as described in chapters 112, 383, 390,
 2576  394, 395, 400, 429, 440, 483, and 765:
 2577         (11) Private review agents, as provided under part I of
 2578  chapter 395.
 2579         Section 67. Subsection (3) is added to section 408.804,
 2580  Florida Statutes, to read:
 2581         408.804 License required; display.—
 2582         (3) Any person who knowingly alters, defaces, or falsifies
 2583  a license certificate issued by the agency, or causes or
 2584  procures any person to commit such an offense, commits a
 2585  misdemeanor of the second degree, punishable as provided in s.
 2586  775.082 or s. 775.083. Any licensee or provider who displays an
 2587  altered, defaced, or falsified license certificate is subject to
 2588  the penalties set forth in s. 408.815 and an administrative fine
 2589  of $1,000 for each day of illegal display.
 2590         Section 68. Paragraph (d) of subsection (2) of section
 2591  408.806, Florida Statutes, is amended, and paragraph (e) is
 2592  added to that subsection, to read:
 2593         408.806 License application process.—
 2594         (2)
 2595         (d) The agency shall notify the licensee by mail or
 2596  electronically at least 90 days before the expiration of a
 2597  license that a renewal license is necessary to continue
 2598  operation. The licensee’s failure to timely file submit a
 2599  renewal application and license application fee with the agency
 2600  shall result in a $50 per day late fee charged to the licensee
 2601  by the agency; however, the aggregate amount of the late fee may
 2602  not exceed 50 percent of the licensure fee or $500, whichever is
 2603  less. The agency shall provide a courtesy notice to the licensee
 2604  by United States mail, electronically, or by any other manner at
 2605  its address of record or mailing address, if provided, at least
 2606  90 days before the expiration of a license. This courtesy notice
 2607  must inform the licensee of the expiration of the license. If
 2608  the agency does not provide the courtesy notice or the licensee
 2609  does not receive the courtesy notice, the licensee continues to
 2610  be legally obligated to timely file the renewal application and
 2611  license application fee with the agency and is not excused from
 2612  the payment of a late fee. If an application is received after
 2613  the required filing date and exhibits a hand-canceled postmark
 2614  obtained from a United States post office dated on or before the
 2615  required filing date, no fine will be levied.
 2616         (e) The applicant must pay the late fee before a late
 2617  application is considered complete and failure to pay the late
 2618  fee is considered an omission from the application for licensure
 2619  pursuant to paragraph (3)(b).
 2620         Section 69. Paragraph (b) of subsection (1) of section
 2621  408.8065, Florida Statutes, is amended to read:
 2622         408.8065 Additional licensure requirements for home health
 2623  agencies, home medical equipment providers, and health care
 2624  clinics.—
 2625         (1) An applicant for initial licensure, or initial
 2626  licensure due to a change of ownership, as a home health agency,
 2627  home medical equipment provider, or health care clinic shall:
 2628         (b) Submit projected pro forma financial statements,
 2629  including a balance sheet, income and expense statement, and a
 2630  statement of cash flows for the first 2 years of operation which
 2631  provide evidence that the applicant has sufficient assets,
 2632  credit, and projected revenues to cover liabilities and
 2633  expenses.
 2634  
 2635  All documents required under this subsection must be prepared in
 2636  accordance with generally accepted accounting principles and may
 2637  be in a compilation form. The financial statements must be
 2638  signed by a certified public accountant.
 2639         Section 70. Subsection (9) of section 408.810, Florida
 2640  Statutes, is amended to read:
 2641         408.810 Minimum licensure requirements.—In addition to the
 2642  licensure requirements specified in this part, authorizing
 2643  statutes, and applicable rules, each applicant and licensee must
 2644  comply with the requirements of this section in order to obtain
 2645  and maintain a license.
 2646         (9) A controlling interest may not withhold from the agency
 2647  any evidence of financial instability, including, but not
 2648  limited to, checks returned due to insufficient funds,
 2649  delinquent accounts, nonpayment of withholding taxes, unpaid
 2650  utility expenses, nonpayment for essential services, or adverse
 2651  court action concerning the financial viability of the provider
 2652  or any other provider licensed under this part that is under the
 2653  control of the controlling interest. A controlling interest
 2654  shall notify the agency within 10 days after a court action to
 2655  initiate bankruptcy, foreclosure, or eviction proceedings
 2656  concerning the provider in which the controlling interest is a
 2657  petitioner or defendant. Any person who violates this subsection
 2658  commits a misdemeanor of the second degree, punishable as
 2659  provided in s. 775.082 or s. 775.083. Each day of continuing
 2660  violation is a separate offense.
 2661         Section 71. Subsection (3) is added to section 408.813,
 2662  Florida Statutes, to read:
 2663         408.813 Administrative fines; violations.—As a penalty for
 2664  any violation of this part, authorizing statutes, or applicable
 2665  rules, the agency may impose an administrative fine.
 2666         (3) The agency may impose an administrative fine for a
 2667  violation that is not designated as a class I, class II, class
 2668  III, or class IV violation. Unless otherwise specified by law,
 2669  the amount of the fine may not exceed $500 for each violation.
 2670  Unclassified violations include:
 2671         (a) Violating any term or condition of a license.
 2672         (b) Violating any provision of this part, authorizing
 2673  statutes, or applicable rules.
 2674         (c) Exceeding licensed capacity.
 2675         (d) Providing services beyond the scope of the license.
 2676         (e) Violating a moratorium imposed pursuant to s. 408.814.
 2677         Section 72. Subsection (37) of section 409.912, Florida
 2678  Statutes, is amended to read:
 2679         409.912 Cost-effective purchasing of health care.—The
 2680  agency shall purchase goods and services for Medicaid recipients
 2681  in the most cost-effective manner consistent with the delivery
 2682  of quality medical care. To ensure that medical services are
 2683  effectively utilized, the agency may, in any case, require a
 2684  confirmation or second physician’s opinion of the correct
 2685  diagnosis for purposes of authorizing future services under the
 2686  Medicaid program. This section does not restrict access to
 2687  emergency services or poststabilization care services as defined
 2688  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2689  shall be rendered in a manner approved by the agency. The agency
 2690  shall maximize the use of prepaid per capita and prepaid
 2691  aggregate fixed-sum basis services when appropriate and other
 2692  alternative service delivery and reimbursement methodologies,
 2693  including competitive bidding pursuant to s. 287.057, designed
 2694  to facilitate the cost-effective purchase of a case-managed
 2695  continuum of care. The agency shall also require providers to
 2696  minimize the exposure of recipients to the need for acute
 2697  inpatient, custodial, and other institutional care and the
 2698  inappropriate or unnecessary use of high-cost services. The
 2699  agency shall contract with a vendor to monitor and evaluate the
 2700  clinical practice patterns of providers in order to identify
 2701  trends that are outside the normal practice patterns of a
 2702  provider’s professional peers or the national guidelines of a
 2703  provider’s professional association. The vendor must be able to
 2704  provide information and counseling to a provider whose practice
 2705  patterns are outside the norms, in consultation with the agency,
 2706  to improve patient care and reduce inappropriate utilization.
 2707  The agency may mandate prior authorization, drug therapy
 2708  management, or disease management participation for certain
 2709  populations of Medicaid beneficiaries, certain drug classes, or
 2710  particular drugs to prevent fraud, abuse, overuse, and possible
 2711  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2712  Committee shall make recommendations to the agency on drugs for
 2713  which prior authorization is required. The agency shall inform
 2714  the Pharmaceutical and Therapeutics Committee of its decisions
 2715  regarding drugs subject to prior authorization. The agency is
 2716  authorized to limit the entities it contracts with or enrolls as
 2717  Medicaid providers by developing a provider network through
 2718  provider credentialing. The agency may competitively bid single
 2719  source-provider contracts if procurement of goods or services
 2720  results in demonstrated cost savings to the state without
 2721  limiting access to care. The agency may limit its network based
 2722  on the assessment of beneficiary access to care, provider
 2723  availability, provider quality standards, time and distance
 2724  standards for access to care, the cultural competence of the
 2725  provider network, demographic characteristics of Medicaid
 2726  beneficiaries, practice and provider-to-beneficiary standards,
 2727  appointment wait times, beneficiary use of services, provider
 2728  turnover, provider profiling, provider licensure history,
 2729  previous program integrity investigations and findings, peer
 2730  review, provider Medicaid policy and billing compliance records,
 2731  clinical and medical record audits, and other factors. Providers
 2732  are not entitled to enrollment in the Medicaid provider network.
 2733  The agency shall determine instances in which allowing Medicaid
 2734  beneficiaries to purchase durable medical equipment and other
 2735  goods is less expensive to the Medicaid program than long-term
 2736  rental of the equipment or goods. The agency may establish rules
 2737  to facilitate purchases in lieu of long-term rentals in order to
 2738  protect against fraud and abuse in the Medicaid program as
 2739  defined in s. 409.913. The agency may seek federal waivers
 2740  necessary to administer these policies.
 2741         (37)(a) The agency shall implement a Medicaid prescribed
 2742  drug spending-control program that includes the following
 2743  components:
 2744         1. A Medicaid preferred drug list, which shall be a listing
 2745  of cost-effective therapeutic options recommended by the
 2746  Medicaid Pharmacy and Therapeutics Committee established
 2747  pursuant to s. 409.91195 and adopted by the agency for each
 2748  therapeutic class on the preferred drug list. At the discretion
 2749  of the committee, and when feasible, the preferred drug list
 2750  should include at least two products in a therapeutic class. The
 2751  agency may post the preferred drug list and updates to the list
 2752  on an Internet website without following the rulemaking
 2753  procedures of chapter 120. Antiretroviral agents are excluded
 2754  from the preferred drug list. The agency shall also limit the
 2755  amount of a prescribed drug dispensed to no more than a 34-day
 2756  supply unless the drug products’ smallest marketed package is
 2757  greater than a 34-day supply, or the drug is determined by the
 2758  agency to be a maintenance drug in which case a 100-day maximum
 2759  supply may be authorized. The agency may seek any federal
 2760  waivers necessary to implement these cost-control programs and
 2761  to continue participation in the federal Medicaid rebate
 2762  program, or alternatively to negotiate state-only manufacturer
 2763  rebates. The agency may adopt rules to administer this
 2764  subparagraph. The agency shall continue to provide unlimited
 2765  contraceptive drugs and items. The agency must establish
 2766  procedures to ensure that:
 2767         a. There is a response to a request for prior consultation
 2768  by telephone or other telecommunication device within 24 hours
 2769  after receipt of a request for prior consultation; and
 2770         b. A 72-hour supply of the drug prescribed is provided in
 2771  an emergency or when the agency does not provide a response
 2772  within 24 hours as required by sub-subparagraph a.
 2773         2. Reimbursement to pharmacies for Medicaid prescribed
 2774  drugs shall be set at the lowest of: the average wholesale price
 2775  (AWP) minus 16.4 percent, the wholesaler acquisition cost (WAC)
 2776  plus 1.5 percent, the federal upper limit (FUL), the state
 2777  maximum allowable cost (SMAC), or the usual and customary (UAC)
 2778  charge billed by the provider.
 2779         3. The agency shall develop and implement a process for
 2780  managing the drug therapies of Medicaid recipients who are using
 2781  significant numbers of prescribed drugs each month. The
 2782  management process may include, but is not limited to,
 2783  comprehensive, physician-directed medical-record reviews, claims
 2784  analyses, and case evaluations to determine the medical
 2785  necessity and appropriateness of a patient’s treatment plan and
 2786  drug therapies. The agency may contract with a private
 2787  organization to provide drug-program-management services. The
 2788  Medicaid drug benefit management program shall include
 2789  initiatives to manage drug therapies for HIV/AIDS patients,
 2790  patients using 20 or more unique prescriptions in a 180-day
 2791  period, and the top 1,000 patients in annual spending. The
 2792  agency shall enroll any Medicaid recipient in the drug benefit
 2793  management program if he or she meets the specifications of this
 2794  provision and is not enrolled in a Medicaid health maintenance
 2795  organization.
 2796         4. The agency may limit the size of its pharmacy network
 2797  based on need, competitive bidding, price negotiations,
 2798  credentialing, or similar criteria. The agency shall give
 2799  special consideration to rural areas in determining the size and
 2800  location of pharmacies included in the Medicaid pharmacy
 2801  network. A pharmacy credentialing process may include criteria
 2802  such as a pharmacy’s full-service status, location, size,
 2803  patient educational programs, patient consultation, disease
 2804  management services, and other characteristics. The agency may
 2805  impose a moratorium on Medicaid pharmacy enrollment if it is
 2806  determined that it has a sufficient number of Medicaid
 2807  participating providers. The agency must allow dispensing
 2808  practitioners to participate as a part of the Medicaid pharmacy
 2809  network regardless of the practitioner’s proximity to any other
 2810  entity that is dispensing prescription drugs under the Medicaid
 2811  program. A dispensing practitioner must meet all credentialing
 2812  requirements applicable to his or her practice, as determined by
 2813  the agency.
 2814         5. The agency shall develop and implement a program that
 2815  requires Medicaid practitioners who prescribe drugs to use a
 2816  counterfeit-proof prescription pad for Medicaid prescriptions.
 2817  The agency shall require the use of standardized counterfeit
 2818  proof prescription pads by Medicaid-participating prescribers or
 2819  prescribers who write prescriptions for Medicaid recipients. The
 2820  agency may implement the program in targeted geographic areas or
 2821  statewide.
 2822         6. The agency may enter into arrangements that require
 2823  manufacturers of generic drugs prescribed to Medicaid recipients
 2824  to provide rebates of at least 15.1 percent of the average
 2825  manufacturer price for the manufacturer’s generic products.
 2826  These arrangements shall require that if a generic-drug
 2827  manufacturer pays federal rebates for Medicaid-reimbursed drugs
 2828  at a level below 15.1 percent, the manufacturer must provide a
 2829  supplemental rebate to the state in an amount necessary to
 2830  achieve a 15.1-percent rebate level.
 2831         7. The agency may establish a preferred drug list as
 2832  described in this subsection, and, pursuant to the establishment
 2833  of such preferred drug list, negotiate supplemental rebates from
 2834  manufacturers that are in addition to those required by Title
 2835  XIX of the Social Security Act and at no less than 14 percent of
 2836  the average manufacturer price as defined in 42 U.S.C. s. 1936
 2837  on the last day of a quarter unless the federal or supplemental
 2838  rebate, or both, equals or exceeds 29 percent. There is no upper
 2839  limit on the supplemental rebates the agency may negotiate. The
 2840  agency may determine that specific products, brand-name or
 2841  generic, are competitive at lower rebate percentages. Agreement
 2842  to pay the minimum supplemental rebate percentage guarantees a
 2843  manufacturer that the Medicaid Pharmaceutical and Therapeutics
 2844  Committee will consider a product for inclusion on the preferred
 2845  drug list. However, a pharmaceutical manufacturer is not
 2846  guaranteed placement on the preferred drug list by simply paying
 2847  the minimum supplemental rebate. Agency decisions will be made
 2848  on the clinical efficacy of a drug and recommendations of the
 2849  Medicaid Pharmaceutical and Therapeutics Committee, as well as
 2850  the price of competing products minus federal and state rebates.
 2851  The agency may contract with an outside agency or contractor to
 2852  conduct negotiations for supplemental rebates. For the purposes
 2853  of this section, the term “supplemental rebates” means cash
 2854  rebates. Value-added programs as a substitution for supplemental
 2855  rebates are prohibited. The agency may seek any federal waivers
 2856  to implement this initiative.
 2857         8. The agency shall expand home delivery of pharmacy
 2858  products. The agency may amend the state plan and issue a
 2859  procurement, as necessary, in order to implement this program.
 2860  The procurements must include agreements with a pharmacy or
 2861  pharmacies located in the state to provide mail order delivery
 2862  services at no cost to the recipients who elect to receive home
 2863  delivery of pharmacy products. The procurement must focus on
 2864  serving recipients with chronic diseases for which pharmacy
 2865  expenditures represent a significant portion of Medicaid
 2866  pharmacy expenditures or which impact a significant portion of
 2867  the Medicaid population. The agency may seek and implement any
 2868  federal waivers necessary to implement this subparagraph.
 2869         9. The agency shall limit to one dose per month any drug
 2870  prescribed to treat erectile dysfunction.
 2871         10.a. The agency may implement a Medicaid behavioral drug
 2872  management system. The agency may contract with a vendor that
 2873  has experience in operating behavioral drug management systems
 2874  to implement this program. The agency may seek federal waivers
 2875  to implement this program.
 2876         b. The agency, in conjunction with the Department of
 2877  Children and Family Services, may implement the Medicaid
 2878  behavioral drug management system that is designed to improve
 2879  the quality of care and behavioral health prescribing practices
 2880  based on best practice guidelines, improve patient adherence to
 2881  medication plans, reduce clinical risk, and lower prescribed
 2882  drug costs and the rate of inappropriate spending on Medicaid
 2883  behavioral drugs. The program may include the following
 2884  elements:
 2885         (I) Provide for the development and adoption of best
 2886  practice guidelines for behavioral health-related drugs such as
 2887  antipsychotics, antidepressants, and medications for treating
 2888  bipolar disorders and other behavioral conditions; translate
 2889  them into practice; review behavioral health prescribers and
 2890  compare their prescribing patterns to a number of indicators
 2891  that are based on national standards; and determine deviations
 2892  from best practice guidelines.
 2893         (II) Implement processes for providing feedback to and
 2894  educating prescribers using best practice educational materials
 2895  and peer-to-peer consultation.
 2896         (III) Assess Medicaid beneficiaries who are outliers in
 2897  their use of behavioral health drugs with regard to the numbers
 2898  and types of drugs taken, drug dosages, combination drug
 2899  therapies, and other indicators of improper use of behavioral
 2900  health drugs.
 2901         (IV) Alert prescribers to patients who fail to refill
 2902  prescriptions in a timely fashion, are prescribed multiple same
 2903  class behavioral health drugs, and may have other potential
 2904  medication problems.
 2905         (V) Track spending trends for behavioral health drugs and
 2906  deviation from best practice guidelines.
 2907         (VI) Use educational and technological approaches to
 2908  promote best practices, educate consumers, and train prescribers
 2909  in the use of practice guidelines.
 2910         (VII) Disseminate electronic and published materials.
 2911         (VIII) Hold statewide and regional conferences.
 2912         (IX) Implement a disease management program with a model
 2913  quality-based medication component for severely mentally ill
 2914  individuals and emotionally disturbed children who are high
 2915  users of care.
 2916         11. The agency shall implement a Medicaid prescription drug
 2917  management system.
 2918         a. The agency may contract with a vendor that has
 2919  experience in operating prescription drug management systems in
 2920  order to implement this system. Any management system that is
 2921  implemented in accordance with this subparagraph must rely on
 2922  cooperation between physicians and pharmacists to determine
 2923  appropriate practice patterns and clinical guidelines to improve
 2924  the prescribing, dispensing, and use of drugs in the Medicaid
 2925  program. The agency may seek federal waivers to implement this
 2926  program.
 2927         b. The drug management system must be designed to improve
 2928  the quality of care and prescribing practices based on best
 2929  practice guidelines, improve patient adherence to medication
 2930  plans, reduce clinical risk, and lower prescribed drug costs and
 2931  the rate of inappropriate spending on Medicaid prescription
 2932  drugs. The program must:
 2933         (I) Provide for the adoption of best practice guidelines
 2934  for the prescribing and use of drugs in the Medicaid program,
 2935  including translating best practice guidelines into practice;
 2936  reviewing prescriber patterns and comparing them to indicators
 2937  that are based on national standards and practice patterns of
 2938  clinical peers in their community, statewide, and nationally;
 2939  and determine deviations from best practice guidelines.
 2940         (II) Implement processes for providing feedback to and
 2941  educating prescribers using best practice educational materials
 2942  and peer-to-peer consultation.
 2943         (III) Assess Medicaid recipients who are outliers in their
 2944  use of a single or multiple prescription drugs with regard to
 2945  the numbers and types of drugs taken, drug dosages, combination
 2946  drug therapies, and other indicators of improper use of
 2947  prescription drugs.
 2948         (IV) Alert prescribers to recipients who fail to refill
 2949  prescriptions in a timely fashion, are prescribed multiple drugs
 2950  that may be redundant or contraindicated, or may have other
 2951  potential medication problems.
 2952         12. The agency may contract for drug rebate administration,
 2953  including, but not limited to, calculating rebate amounts,
 2954  invoicing manufacturers, negotiating disputes with
 2955  manufacturers, and maintaining a database of rebate collections.
 2956         13. The agency may specify the preferred daily dosing form
 2957  or strength for the purpose of promoting best practices with
 2958  regard to the prescribing of certain drugs as specified in the
 2959  General Appropriations Act and ensuring cost-effective
 2960  prescribing practices.
 2961         14. The agency may require prior authorization for
 2962  Medicaid-covered prescribed drugs. The agency may prior
 2963  authorize the use of a product:
 2964         a. For an indication not approved in labeling;
 2965         b. To comply with certain clinical guidelines; or
 2966         c. If the product has the potential for overuse, misuse, or
 2967  abuse.
 2968  
 2969  The agency may require the prescribing professional to provide
 2970  information about the rationale and supporting medical evidence
 2971  for the use of a drug. The agency shall may post prior
 2972  authorization, step-edit criteria and protocol, and updates to
 2973  the list of drugs that are subject to prior authorization on the
 2974  agency’s an Internet website within 21 days after the prior
 2975  authorization and step-edit criteria and protocol and updates
 2976  are approved by the agency. For purposes of this subparagraph,
 2977  the term “step-edit” means an automatic electronic review of
 2978  certain medications subject to prior authorization without
 2979  amending its rule or engaging in additional rulemaking.
 2980         15. The agency, in conjunction with the Pharmaceutical and
 2981  Therapeutics Committee, may require age-related prior
 2982  authorizations for certain prescribed drugs. The agency may
 2983  preauthorize the use of a drug for a recipient who may not meet
 2984  the age requirement or may exceed the length of therapy for use
 2985  of this product as recommended by the manufacturer and approved
 2986  by the Food and Drug Administration. Prior authorization may
 2987  require the prescribing professional to provide information
 2988  about the rationale and supporting medical evidence for the use
 2989  of a drug.
 2990         16. The agency shall implement a step-therapy prior
 2991  authorization approval process for medications excluded from the
 2992  preferred drug list. Medications listed on the preferred drug
 2993  list must be used within the previous 12 months before the
 2994  alternative medications that are not listed. The step-therapy
 2995  prior authorization may require the prescriber to use the
 2996  medications of a similar drug class or for a similar medical
 2997  indication unless contraindicated in the Food and Drug
 2998  Administration labeling. The trial period between the specified
 2999  steps may vary according to the medical indication. The step
 3000  therapy approval process shall be developed in accordance with
 3001  the committee as stated in s. 409.91195(7) and (8). A drug
 3002  product may be approved without meeting the step-therapy prior
 3003  authorization criteria if the prescribing physician provides the
 3004  agency with additional written medical or clinical documentation
 3005  that the product is medically necessary because:
 3006         a. There is not a drug on the preferred drug list to treat
 3007  the disease or medical condition which is an acceptable clinical
 3008  alternative;
 3009         b. The alternatives have been ineffective in the treatment
 3010  of the beneficiary’s disease; or
 3011         c. Based on historic evidence and known characteristics of
 3012  the patient and the drug, the drug is likely to be ineffective,
 3013  or the number of doses have been ineffective.
 3014  
 3015  The agency shall work with the physician to determine the best
 3016  alternative for the patient. The agency may adopt rules waiving
 3017  the requirements for written clinical documentation for specific
 3018  drugs in limited clinical situations.
 3019         17. The agency shall implement a return and reuse program
 3020  for drugs dispensed by pharmacies to institutional recipients,
 3021  which includes payment of a $5 restocking fee for the
 3022  implementation and operation of the program. The return and
 3023  reuse program shall be implemented electronically and in a
 3024  manner that promotes efficiency. The program must permit a
 3025  pharmacy to exclude drugs from the program if it is not
 3026  practical or cost-effective for the drug to be included and must
 3027  provide for the return to inventory of drugs that cannot be
 3028  credited or returned in a cost-effective manner. The agency
 3029  shall determine if the program has reduced the amount of
 3030  Medicaid prescription drugs which are destroyed on an annual
 3031  basis and if there are additional ways to ensure more
 3032  prescription drugs are not destroyed which could safely be
 3033  reused.
 3034         (b) The agency shall implement this subsection to the
 3035  extent that funds are appropriated to administer the Medicaid
 3036  prescribed-drug spending-control program. The agency may
 3037  contract all or any part of this program to private
 3038  organizations.
 3039         (c) The agency shall submit quarterly reports to the
 3040  Governor, the President of the Senate, and the Speaker of the
 3041  House of Representatives which must include, but need not be
 3042  limited to, the progress made in implementing this subsection
 3043  and its effect on Medicaid prescribed-drug expenditures.
 3044         Section 73. Effective upon this act becoming a law,
 3045  subsection (1) of section 409.975, Florida Statutes, is amended
 3046  to read:
 3047         409.975 Managed care plan accountability.—In addition to
 3048  the requirements of s. 409.967, plans and providers
 3049  participating in the managed medical assistance program shall
 3050  comply with the requirements of this section.
 3051         (1) PROVIDER NETWORKS.—Managed care plans must develop and
 3052  maintain provider networks that meet the medical needs of their
 3053  enrollees in accordance with standards established pursuant to
 3054  s. 409.967(2)(b). Except as provided in this section, managed
 3055  care plans may limit the providers in their networks based on
 3056  credentials, quality indicators, and price.
 3057         (a)1. Plans must include all providers in the region that
 3058  are classified by the agency as essential Medicaid providers for
 3059  the essential services they provide, unless the agency approves,
 3060  in writing, an alternative arrangement for securing the types of
 3061  services offered by the essential providers. Providers are
 3062  essential for serving Medicaid enrollees if they offer services
 3063  that are not available from any other provider within a
 3064  reasonable access standard, or if they provided a substantial
 3065  share of the total units of a particular service used by
 3066  Medicaid patients within the region during the last 3 years and
 3067  the combined capacity of other service providers in the region
 3068  is insufficient to meet the total needs of the Medicaid
 3069  patients. The agency may not classify physicians and other
 3070  practitioners as essential providers. The agency, at a minimum,
 3071  shall determine which providers in the following categories are
 3072  essential Medicaid providers:
 3073         a.1. Federally qualified health centers.
 3074         b.2. Statutory teaching hospitals as defined in s.
 3075  408.07(45).
 3076         c.3. Hospitals that are trauma centers as defined in s.
 3077  395.4001(14).
 3078         d.4. Hospitals located at least 25 miles from any other
 3079  hospital with similar services.
 3080         2. Until the selection of managed care plans as specified
 3081  in s. 409.966, each essential Medicaid provider and each
 3082  hospital that is necessary in order for a managed care plan to
 3083  demonstrate an adequate network, as determined by the agency, is
 3084  deemed a part of that managed care plan’s network for purposes
 3085  of the plan’s enrollment or expansion in the Medicaid program. A
 3086  hospital that is necessary for a managed care plan to
 3087  demonstrate an adequate network is an essential hospital. An
 3088  essential Medicaid provider is deemed a part of a managed care
 3089  plan’s network for the essential services it provides for
 3090  purposes of the plan’s enrollment or expansion in the Medicaid
 3091  program. The managed care plan, each essential Medicaid
 3092  provider, and each essential hospital shall negotiate in good
 3093  faith to enter into a provider network contract. During the plan
 3094  selection process, the managed care plan is not required to have
 3095  written agreements or contracts with essential Medicaid
 3096  providers or essential hospitals.
 3097         3. Managed care plans that have not contracted with all
 3098  essential Medicaid providers or essential hospitals in the
 3099  region as of the first date of recipient enrollment, or with
 3100  whom an essential Medicaid provider or essential hospital has
 3101  terminated its contract, must continue to negotiate in good
 3102  faith with such essential Medicaid providers or essential
 3103  hospitals for 1 year, or until an agreement is reached, or until
 3104  a complaint is resolved as provided in paragraph (e), whichever
 3105  is first. Each essential Medicaid provider must continue to
 3106  negotiate in good faith during that year to enter into a
 3107  provider network contract for at least the essential services it
 3108  provides. Each essential hospital must continue to negotiate in
 3109  good faith during that year to enter into a provider network
 3110  contract. Payments for services rendered by a nonparticipating
 3111  essential Medicaid provider or essential hospital shall be made
 3112  at the applicable Medicaid rate as of the first day of the
 3113  contract between the agency and the plan. A rate schedule for
 3114  all essential Medicaid providers and essential hospitals shall
 3115  be attached to the contract between the agency and the plan.
 3116         4. After 1 year, managed care plans that are unable to
 3117  contract with essential Medicaid providers and essential
 3118  hospitals shall notify the agency and propose an alternative
 3119  arrangement for securing the essential services for Medicaid
 3120  enrollees. The arrangement must rely on contracts with other
 3121  participating providers, regardless of whether those providers
 3122  are located within the same region as the nonparticipating
 3123  essential service provider. If the alternative arrangement is
 3124  approved by the agency, payments to nonparticipating essential
 3125  Medicaid providers and essential hospitals after the date of the
 3126  agency’s approval shall equal 90 percent of the applicable
 3127  Medicaid rate. If the alternative arrangement is not approved by
 3128  the agency, payment to nonparticipating essential Medicaid
 3129  providers and essential hospitals shall equal 110 percent of the
 3130  applicable Medicaid rate.
 3131         (b)1. Certain providers are statewide resources and
 3132  essential providers for all managed care plans in all regions.
 3133  All managed care plans must include these essential providers in
 3134  their networks for the essential services they provide.
 3135  Statewide essential providers include:
 3136         a.1. Faculty plans of Florida medical schools.
 3137         b.2. Regional perinatal intensive care centers as defined
 3138  in s. 383.16(2).
 3139         c.3. Hospitals licensed as specialty children’s hospitals
 3140  as defined in s. 395.002(28).
 3141         d.4. Accredited and integrated systems serving medically
 3142  complex children that are comprised of separately licensed, but
 3143  commonly owned, health care providers delivering at least the
 3144  following services: medical group home, in-home and outpatient
 3145  nursing care and therapies, pharmacy services, durable medical
 3146  equipment, and Prescribed Pediatric Extended Care.
 3147         2. Until the selection of managed care plans as specified
 3148  in s. 409.966, each statewide essential provider is deemed a
 3149  part of that managed care plan’s network for the essential
 3150  services they provide and for purposes of the plan’s enrollment
 3151  or expansion in the Medicaid program. The managed care plan and
 3152  each statewide essential provider shall negotiate in good faith
 3153  to enter into a provider network contract. During the plan
 3154  selection process, the managed care plan is not required to have
 3155  written agreements or contracts with statewide essential
 3156  providers or essential hospitals.
 3157         3. Managed care plans that have not contracted with all
 3158  statewide essential providers in all regions as of the first
 3159  date of recipient enrollment and all statewide essential
 3160  providers that have not entered into a contract with each
 3161  managed care plan must continue to negotiate in good faith. to
 3162  enter into a provider network contract for at least the
 3163  essential services. As of the first day of the contract between
 3164  the agency and the plan, and until a provider network contract
 3165  is signed, payments: Payments
 3166         a. To physicians on the faculty of nonparticipating Florida
 3167  medical schools shall be made at the applicable Medicaid rate.
 3168  Payments
 3169         b. For services rendered by regional perinatal intensive
 3170  care centers shall be made at the applicable Medicaid rate as of
 3171  the first day of the contract between the agency and the plan.
 3172  Payments
 3173         c. To nonparticipating specialty children’s hospitals shall
 3174  equal the highest rate established by contract between that
 3175  provider and any other Medicaid managed care plan.
 3176         (c) After 12 months of active participation in a plan’s
 3177  network, the plan may exclude any essential provider from the
 3178  network for failure to meet quality or performance criteria. If
 3179  the plan excludes an essential provider from the plan, the plan
 3180  must provide written notice to all recipients who have chosen
 3181  that provider for care. The notice shall be provided at least 30
 3182  days before the effective date of the exclusion.
 3183         (d) Each managed care plan must offer a network contract to
 3184  each home medical equipment and supplies provider in the region
 3185  which meets quality and fraud prevention and detection standards
 3186  established by the plan and which agrees to accept the lowest
 3187  price previously negotiated between the plan and another such
 3188  provider.
 3189         (e)1. At any time during negotiations a managed care plan,
 3190  an essential Medicaid provider, an essential hospital, or a
 3191  statewide essential provider may file a complaint with the
 3192  agency alleging that, in provider network negotiations, the
 3193  other party is not negotiating in good faith. The agency shall
 3194  review each complaint and make a determination as to whether one
 3195  or both parties have failed to negotiate in good faith. If the
 3196  agency determines that:
 3197         a. The managed care plan was not negotiating in good faith,
 3198  payment to the nonparticipating essential Medicaid provider,
 3199  essential hospital, or statewide essential provider shall equal
 3200  110 percent of the applicable Medicaid rate or the highest
 3201  contracted rate the provider has with a plan, whichever is
 3202  higher.
 3203         b. The essential Medicaid provider, essential hospital, or
 3204  statewide essential provider was not negotiating in good faith,
 3205  payment to the nonparticipating provider shall equal 90 percent
 3206  of the applicable Medicaid rate or the lowest contracted rate
 3207  the provider has with a plan, whichever is lower.
 3208         c. Both parties were not negotiating in good faith, payment
 3209  to the nonparticipating provider shall be made at the applicable
 3210  Medicaid rate.
 3211         2. In making a determination under this paragraph regarding
 3212  a managed care plan’s good faith efforts to negotiate, the
 3213  agency shall, at a minimum, consider whether the managed care
 3214  plan has:
 3215         a. Offered payment rates that are comparable to other
 3216  managed care plan rates to the provider or that are comparable
 3217  to fee-for-service rates for the provider.
 3218         b. Proposed its prepayment edits and audits and prior
 3219  authorizations in a manner comparable to other managed care
 3220  plans or comparable to current fee for service utilization
 3221  management and prior authorization procedures for non-emergent
 3222  services.
 3223         c. Offered to pay the provider’s undisputed claims faster
 3224  or equal to existing Medicaid managed care plan contract
 3225  standards and, if the managed care plan’s claims payment system
 3226  has been used in other markets, has it failed to meet these
 3227  standards.
 3228         d. Offered a provider dispute resolution system that meets
 3229  or exceeds existing Medicaid managed care plan contract
 3230  requirements.
 3231         e. If the provider is a hospital essential provider,
 3232  offered a reasonable payment amount for utilization of the
 3233  hospital emergency room for non-emergent care, developed
 3234  referral arrangements with the hospital for non-emergent care,
 3235  and offered reasonable prior or post authorization requirements
 3236  for non-emergent care in the emergency room.
 3237         f. Attempted to work with the provider to assist the
 3238  provider with any patient volume arrangements and whether
 3239  patient volume arrangements benefit the provider.
 3240         g. Demonstrated its financial viability and commitment to
 3241  meeting its financial obligations.
 3242         h. Demonstrated its ability to support HIPAA-compliant
 3243  electronic data interchange transactions.
 3244         3. In making a determination under this paragraph regarding
 3245  a provider’s good faith efforts to negotiate, the agency shall,
 3246  at a minimum, consider whether the provider has:
 3247         a. Met with the managed care plan at a reasonable frequency
 3248  and involved empowered decision makers in the meetings.
 3249         b. Offered reasonable rates that are comparable to other
 3250  managed care plan rates or comparable to fee-for-service rates
 3251  to the provider.
 3252         c. Negotiated managed care plan prepayment edits, audits,
 3253  and prior authorizations in a manner comparable to other managed
 3254  care plans or comparable to fee for service utilization
 3255  management and prior authorization procedures for nonemergent
 3256  services.
 3257         d. Negotiated reasonable payment timeframes for payment of
 3258  undisputed claims that are comparable to existing Medicaid
 3259  managed care plan standards or comparable to fee-for-service
 3260  experience.
 3261         e. Researched other providers’ experience with the managed
 3262  care plan’s claims payment system for timeliness of payment.
 3263         f. Negotiated with the managed care plan regarding a
 3264  provider dispute resolution system that meets or exceeds the
 3265  managed care plan’s Medicaid contract requirements.
 3266         g.If the provider is an essential hospital, negotiated
 3267  with the managed care plan regarding primary care alternatives
 3268  to nonemergent use of the emergency room.
 3269         h. Negotiated patient volume arrangements with the managed
 3270  care plan.
 3271         i. Developed, or is developing, a hospital-based provider
 3272  service network.
 3273         j. Already contracted with other Medicaid managed care
 3274  plans.
 3275         4. Either party may appeal a determination by the agency
 3276  under this paragraph pursuant to chapter 120. The party
 3277  appealing the agency’s determination shall pay the appellee’s
 3278  attorney fees and costs, accrued from the date the agency began
 3279  its review of the complaint, in an amount up to $1 million if it
 3280  loses the appeal.
 3281         Section 74. Section 429.11, Florida Statutes, is amended to
 3282  read:
 3283         429.11 Initial application for license; provisional
 3284  license.—
 3285         (1) Each applicant for licensure must comply with all
 3286  provisions of part II of chapter 408 and must:
 3287         (a) Identify all other homes or facilities, including the
 3288  addresses and the license or licenses under which they operate,
 3289  if applicable, which are currently operated by the applicant or
 3290  administrator and which provide housing, meals, and personal
 3291  services to residents.
 3292         (b) Provide the location of the facility for which a
 3293  license is sought and documentation, signed by the appropriate
 3294  local government official, which states that the applicant has
 3295  met local zoning requirements.
 3296         (c) Provide the name, address, date of birth, social
 3297  security number, education, and experience of the administrator,
 3298  if different from the applicant.
 3299         (2) The applicant shall provide proof of liability
 3300  insurance as defined in s. 624.605.
 3301         (3) If the applicant is a community residential home, the
 3302  applicant must provide proof that it has met the requirements
 3303  specified in chapter 419.
 3304         (4) The applicant must furnish proof that the facility has
 3305  received a satisfactory firesafety inspection. The local
 3306  authority having jurisdiction or the State Fire Marshal must
 3307  conduct the inspection within 30 days after written request by
 3308  the applicant.
 3309         (5) The applicant must furnish documentation of a
 3310  satisfactory sanitation inspection of the facility by the county
 3311  health department.
 3312         (6) In addition to the license categories available in s.
 3313  408.808, a provisional license may be issued to an applicant
 3314  making initial application for licensure or making application
 3315  for a change of ownership. A provisional license shall be
 3316  limited in duration to a specific period of time not to exceed 6
 3317  months, as determined by the agency.
 3318         (6)(7) A county or municipality may not issue an
 3319  occupational license that is being obtained for the purpose of
 3320  operating a facility regulated under this part without first
 3321  ascertaining that the applicant has been licensed to operate
 3322  such facility at the specified location or locations by the
 3323  agency. The agency shall furnish to local agencies responsible
 3324  for issuing occupational licenses sufficient instruction for
 3325  making such determinations.
 3326         Section 75. Section 429.71, Florida Statutes, is amended to
 3327  read:
 3328         429.71 Classification of violations deficiencies;
 3329  administrative fines.—
 3330         (1) In addition to the requirements of part II of chapter
 3331  408 and in addition to any other liability or penalty provided
 3332  by law, the agency may impose an administrative fine on a
 3333  provider according to the following classification:
 3334         (a) Class I violations are defined in s. 408.813 those
 3335  conditions or practices related to the operation and maintenance
 3336  of an adult family-care home or to the care of residents which
 3337  the agency determines present an imminent danger to the
 3338  residents or guests of the facility or a substantial probability
 3339  that death or serious physical or emotional harm would result
 3340  therefrom. The condition or practice that constitutes a class I
 3341  violation must be abated or eliminated within 24 hours, unless a
 3342  fixed period, as determined by the agency, is required for
 3343  correction. A class I violation deficiency is subject to an
 3344  administrative fine in an amount not less than $500 and not
 3345  exceeding $1,000 for each violation. A fine may be levied
 3346  notwithstanding the correction of the deficiency.
 3347         (b) Class II violations are defined in s. 408.813 those
 3348  conditions or practices related to the operation and maintenance
 3349  of an adult family-care home or to the care of residents which
 3350  the agency determines directly threaten the physical or
 3351  emotional health, safety, or security of the residents, other
 3352  than class I violations. A class II violation is subject to an
 3353  administrative fine in an amount not less than $250 and not
 3354  exceeding $500 for each violation. A citation for a class II
 3355  violation must specify the time within which the violation is
 3356  required to be corrected. If a class II violation is corrected
 3357  within the time specified, no civil penalty shall be imposed,
 3358  unless it is a repeated offense.
 3359         (c) Class III violations are defined in s. 408.813 those
 3360  conditions or practices related to the operation and maintenance
 3361  of an adult family-care home or to the care of residents which
 3362  the agency determines indirectly or potentially threaten the
 3363  physical or emotional health, safety, or security of residents,
 3364  other than class I or class II violations. A class III violation
 3365  is subject to an administrative fine in an amount not less than
 3366  $100 and not exceeding $250 for each violation. A citation for a
 3367  class III violation shall specify the time within which the
 3368  violation is required to be corrected. If a class III violation
 3369  is corrected within the time specified, no civil penalty shall
 3370  be imposed, unless it is a repeated violation offense.
 3371         (d) Class IV violations are defined in s. 408.813 those
 3372  conditions or occurrences related to the operation and
 3373  maintenance of an adult family-care home, or related to the
 3374  required reports, forms, or documents, which do not have the
 3375  potential of negatively affecting the residents. A provider that
 3376  does not correct A class IV violation within the time limit
 3377  specified by the agency is subject to an administrative fine in
 3378  an amount not less than $50 and not exceeding $100 for each
 3379  violation. Any class IV violation that is corrected during the
 3380  time the agency survey is conducted will be identified as an
 3381  agency finding and not as a violation, unless it is a repeat
 3382  violation.
 3383         (2) The agency may impose an administrative fine for
 3384  violations which do not qualify as class I, class II, class III,
 3385  or class IV violations. The amount of the fine shall not exceed
 3386  $250 for each violation or $2,000 in the aggregate. Unclassified
 3387  violations may include:
 3388         (a) Violating any term or condition of a license.
 3389         (b) Violating any provision of this part, part II of
 3390  chapter 408, or applicable rules.
 3391         (c) Failure to follow the criteria and procedures provided
 3392  under part I of chapter 394 relating to the transportation,
 3393  voluntary admission, and involuntary examination of adult
 3394  family-care home residents.
 3395         (d) Exceeding licensed capacity.
 3396         (e) Providing services beyond the scope of the license.
 3397         (f) Violating a moratorium.
 3398         (3) Each day during which a violation occurs constitutes a
 3399  separate offense.
 3400         (4) In determining whether a penalty is to be imposed, and
 3401  in fixing the amount of any penalty to be imposed, the agency
 3402  must consider:
 3403         (a) The gravity of the violation.
 3404         (b) Actions taken by the provider to correct a violation.
 3405         (c) Any previous violation by the provider.
 3406         (d) The financial benefit to the provider of committing or
 3407  continuing the violation.
 3408         (5) As an alternative to or in conjunction with an
 3409  administrative action against a provider, the agency may request
 3410  a plan of corrective action that demonstrates a good faith
 3411  effort to remedy each violation by a specific date, subject to
 3412  the approval of the agency.
 3413         (5)(6) The department shall set forth, by rule, notice
 3414  requirements and procedures for correction of deficiencies.
 3415         Section 76. Section 429.195, Florida Statutes, is amended
 3416  to read:
 3417         429.195 Rebates prohibited; penalties.—
 3418         (1) It is unlawful for any assisted living facility
 3419  licensed under this part to contract or promise to pay or
 3420  receive any commission, bonus, kickback, or rebate or engage in
 3421  any split-fee arrangement in any form whatsoever with any
 3422  person, health care provider, or health care facility as
 3423  provided in s. 817.505 physician, surgeon, organization, agency,
 3424  or person, either directly or indirectly, for residents referred
 3425  to an assisted living facility licensed under this part. A
 3426  facility may employ or contract with persons to market the
 3427  facility, provided the employee or contract provider clearly
 3428  indicates that he or she represents the facility. A person or
 3429  agency independent of the facility may provide placement or
 3430  referral services for a fee to individuals seeking assistance in
 3431  finding a suitable facility; however, any fee paid for placement
 3432  or referral services must be paid by the individual looking for
 3433  a facility, not by the facility.
 3434         (2) This section does not apply to:
 3435         (a) An individual employed by the assisted living facility
 3436  or with whom the facility contracts to market the facility, if
 3437  the individual clearly indicates that he or she works with or
 3438  for the facility.
 3439         (b) Payments by an assisted living facility to a referral
 3440  service that provides information, consultation, or referrals to
 3441  consumers to assist them in finding appropriate care or housing
 3442  options for seniors or disabled adults if such referred
 3443  consumers are not Medicaid recipients.
 3444         (c) A resident of an assisted living facility who refers a
 3445  friend, family member, or other individuals with whom the
 3446  resident has a personal relationship to the assisted living
 3447  facility, in which case the assisted living facility may provide
 3448  a monetary reward to the resident for making such referral.
 3449         (3)(2) A violation of this section shall be considered
 3450  patient brokering and is punishable as provided in s. 817.505.
 3451         Section 77. Section 429.915, Florida Statutes, is amended
 3452  to read:
 3453         429.915 Conditional license.—In addition to the license
 3454  categories available in part II of chapter 408, the agency may
 3455  issue a conditional license to an applicant for license renewal
 3456  or change of ownership if the applicant fails to meet all
 3457  standards and requirements for licensure. A conditional license
 3458  issued under this subsection must be limited to a specific
 3459  period not exceeding 6 months, as determined by the agency, and
 3460  must be accompanied by an approved plan of correction.
 3461         Section 78. Subsection (3) of section 430.80, Florida
 3462  Statutes, is amended to read:
 3463         430.80 Implementation of a teaching nursing home pilot
 3464  project.—
 3465         (3) To be designated as a teaching nursing home, a nursing
 3466  home licensee must, at a minimum:
 3467         (a) Provide a comprehensive program of integrated senior
 3468  services that include institutional services and community-based
 3469  services;
 3470         (b) Participate in a nationally recognized accreditation
 3471  program and hold a valid accreditation, such as the
 3472  accreditation awarded by the Joint Commission on Accreditation
 3473  of Healthcare Organizations, or, at the time of initial
 3474  designation, possess a Gold Seal Award as conferred by the state
 3475  on its licensed nursing home;
 3476         (c) Have been in business in this state for a minimum of 10
 3477  consecutive years;
 3478         (d) Demonstrate an active program in multidisciplinary
 3479  education and research that relates to gerontology;
 3480         (e) Have a formalized contractual relationship with at
 3481  least one accredited health profession education program located
 3482  in this state;
 3483         (f) Have senior staff members who hold formal faculty
 3484  appointments at universities, which must include at least one
 3485  accredited health profession education program; and
 3486         (g) Maintain insurance coverage pursuant to s.
 3487  400.141(1)(q) 400.141(1)(s) or proof of financial responsibility
 3488  in a minimum amount of $750,000. Such proof of financial
 3489  responsibility may include:
 3490         1. Maintaining an escrow account consisting of cash or
 3491  assets eligible for deposit in accordance with s. 625.52; or
 3492         2. Obtaining and maintaining pursuant to chapter 675 an
 3493  unexpired, irrevocable, nontransferable and nonassignable letter
 3494  of credit issued by any bank or savings association organized
 3495  and existing under the laws of this state or any bank or savings
 3496  association organized under the laws of the United States which
 3497  that has its principal place of business in this state or has a
 3498  branch office that which is authorized to receive deposits in
 3499  this state. The letter of credit shall be used to satisfy the
 3500  obligation of the facility to the claimant upon presentment of a
 3501  final judgment indicating liability and awarding damages to be
 3502  paid by the facility or upon presentment of a settlement
 3503  agreement signed by all parties to the agreement if when such
 3504  final judgment or settlement is a result of a liability claim
 3505  against the facility.
 3506         Section 79. Paragraph (h) of subsection (2) of section
 3507  430.81, Florida Statutes, is amended to read:
 3508         430.81 Implementation of a teaching agency for home and
 3509  community-based care.—
 3510         (2) The Department of Elderly Affairs may designate a home
 3511  health agency as a teaching agency for home and community-based
 3512  care if the home health agency:
 3513         (h) Maintains insurance coverage pursuant to s.
 3514  400.141(1)(q) 400.141(1)(s) or proof of financial responsibility
 3515  in a minimum amount of $750,000. Such proof of financial
 3516  responsibility may include:
 3517         1. Maintaining an escrow account consisting of cash or
 3518  assets eligible for deposit in accordance with s. 625.52; or
 3519         2. Obtaining and maintaining, pursuant to chapter 675, an
 3520  unexpired, irrevocable, nontransferable, and nonassignable
 3521  letter of credit issued by any bank or savings association
 3522  authorized to do business in this state. This letter of credit
 3523  shall be used to satisfy the obligation of the agency to the
 3524  claimant upon presentation of a final judgment indicating
 3525  liability and awarding damages to be paid by the facility or
 3526  upon presentment of a settlement agreement signed by all parties
 3527  to the agreement if when such final judgment or settlement is a
 3528  result of a liability claim against the agency.
 3529         Section 80. Paragraph (d) of subsection (9) of section
 3530  440.102, Florida Statutes, is amended to read:
 3531         440.102 Drug-free workplace program requirements.—The
 3532  following provisions apply to a drug-free workplace program
 3533  implemented pursuant to law or to rules adopted by the Agency
 3534  for Health Care Administration:
 3535         (9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
 3536         (d) The laboratory shall submit to the Agency for Health
 3537  Care Administration a monthly report with statistical
 3538  information regarding the testing of employees and job
 3539  applicants. The report must include information on the methods
 3540  of analysis conducted, the drugs tested for, the number of
 3541  positive and negative results for both initial tests and
 3542  confirmation tests, and any other information deemed appropriate
 3543  by the Agency for Health Care Administration. A monthly report
 3544  must not identify specific employees or job applicants.
 3545         Section 81. Paragraph (a) of subsection (2) of section
 3546  440.13, Florida Statutes, is amended to read:
 3547         440.13 Medical services and supplies; penalty for
 3548  violations; limitations.—
 3549         (2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.—
 3550         (a) Subject to the limitations specified elsewhere in this
 3551  chapter, the employer shall furnish to the employee such
 3552  medically necessary remedial treatment, care, and attendance for
 3553  such period as the nature of the injury or the process of
 3554  recovery may require, which is in accordance with established
 3555  practice parameters and protocols of treatment as provided for
 3556  in this chapter, including medicines, medical supplies, durable
 3557  medical equipment, orthoses, prostheses, and other medically
 3558  necessary apparatus. Remedial treatment, care, and attendance,
 3559  including work-hardening programs or pain-management programs
 3560  accredited by the Commission on Accreditation of Rehabilitation
 3561  Facilities or the Joint Commission on the Accreditation of
 3562  Health Organizations or pain-management programs affiliated with
 3563  medical schools, shall be considered as covered treatment only
 3564  when such care is given based on a referral by a physician as
 3565  defined in this chapter. Medically necessary treatment, care,
 3566  and attendance does not include chiropractic services in excess
 3567  of 24 treatments or rendered 12 weeks beyond the date of the
 3568  initial chiropractic treatment, whichever comes first, unless
 3569  the carrier authorizes additional treatment or the employee is
 3570  catastrophically injured.
 3571  
 3572  Failure of the carrier to timely comply with this subsection
 3573  shall be a violation of this chapter and the carrier shall be
 3574  subject to penalties as provided for in s. 440.525.
 3575         Section 82. Subsection (9) is added to section 465.014,
 3576  Florida Statutes, to read:
 3577         465.014 Pharmacy technician.—
 3578         (9) This section does not apply to a practitioner
 3579  authorized to dispense drugs under s. 465.0276 or any medical
 3580  assistant or licensed health care professional acting under the
 3581  direct supervision of such practitioner if the practitioner is
 3582  treating a patient who provides proof of insurance through a
 3583  public or private payor source. Medical personnel under the
 3584  direct supervision of the practitioner may perform all
 3585  activities required by s. 465.0276.
 3586         Section 83. Paragraph (a) of subsection (2) of section
 3587  468.1695, Florida Statutes, is amended to read:
 3588         468.1695 Licensure by examination.—
 3589         (2) The department shall examine each applicant who the
 3590  board certifies has completed the application form and remitted
 3591  an examination fee set by the board not to exceed $250 and who:
 3592         (a)1. Holds a baccalaureate degree from an accredited
 3593  college or university and majored in health care administration,
 3594  health services administration, or an equivalent major, or has
 3595  credit for at least 60 semester hours in subjects, as prescribed
 3596  by rule of the board, which prepare the applicant for total
 3597  management of a nursing home; and
 3598         2. Has fulfilled the requirements of a college-affiliated
 3599  or university-affiliated internship in nursing home
 3600  administration or of a 1,000-hour nursing home administrator-in
 3601  training program prescribed by the board; or
 3602         Section 84. Subsection (1) of section 483.035, Florida
 3603  Statutes, is amended to read:
 3604         483.035 Clinical laboratories operated by practitioners for
 3605  exclusive use; licensure and regulation.—
 3606         (1) A clinical laboratory operated by one or more
 3607  practitioners licensed under chapter 458, chapter 459, chapter
 3608  460, chapter 461, chapter 462, or chapter 466, or as an advanced
 3609  registered nurse practitioner licensed under part I in chapter
 3610  464, exclusively in connection with the diagnosis and treatment
 3611  of their own patients, must be licensed under this part and must
 3612  comply with the provisions of this part, except that the agency
 3613  shall adopt rules for staffing, for personnel, including
 3614  education and training of personnel, for proficiency testing,
 3615  and for construction standards relating to the licensure and
 3616  operation of the laboratory based upon and not exceeding the
 3617  same standards contained in the federal Clinical Laboratory
 3618  Improvement Amendments of 1988 and the federal regulations
 3619  adopted thereunder.
 3620         Section 85. Subsections (1) and (9) of section 483.051,
 3621  Florida Statutes, are amended to read:
 3622         483.051 Powers and duties of the agency.—The agency shall
 3623  adopt rules to implement this part, which rules must include,
 3624  but are not limited to, the following:
 3625         (1) LICENSING; QUALIFICATIONS.—The agency shall provide for
 3626  biennial licensure of all nonwaived clinical laboratories
 3627  meeting the requirements of this part and shall prescribe the
 3628  qualifications necessary for such licensure, including, but not
 3629  limited to, application for or proof of a federal Clinical
 3630  Laboratory Improvement Amendment (CLIA) certificate. For
 3631  purposes of this section, the term “nonwaived clinical
 3632  laboratories” means laboratories that perform any test that the
 3633  Centers for Medicare and Medicaid Services has determined does
 3634  not qualify for a certificate of waiver under the Clinical
 3635  Laboratory Improvement Amendments of 1988 and the federal rules
 3636  adopted thereunder.
 3637         (9) ALTERNATE-SITE TESTING.—The agency, in consultation
 3638  with the Board of Clinical Laboratory Personnel, shall adopt, by
 3639  rule, the criteria for alternate-site testing to be performed
 3640  under the supervision of a clinical laboratory director. The
 3641  elements to be addressed in the rule include, but are not
 3642  limited to: a hospital internal needs assessment; a protocol of
 3643  implementation including tests to be performed and who will
 3644  perform the tests; criteria to be used in selecting the method
 3645  of testing to be used for alternate-site testing; minimum
 3646  training and education requirements for those who will perform
 3647  alternate-site testing, such as documented training, licensure,
 3648  certification, or other medical professional background not
 3649  limited to laboratory professionals; documented inservice
 3650  training as well as initial and ongoing competency validation;
 3651  an appropriate internal and external quality control protocol;
 3652  an internal mechanism for identifying and tracking alternate
 3653  site testing by the central laboratory; and recordkeeping
 3654  requirements. Alternate-site testing locations must register
 3655  when the clinical laboratory applies to renew its license. For
 3656  purposes of this subsection, the term “alternate-site testing”
 3657  means any laboratory testing done under the administrative
 3658  control of a hospital, but performed out of the physical or
 3659  administrative confines of the central laboratory.
 3660         Section 86. Subsection (1) of section 483.23, Florida
 3661  Statutes, is amended to read:
 3662         483.23 Offenses; criminal penalties.—
 3663         (1)(a) It is unlawful for any person to:
 3664         1. Operate, maintain, direct, or engage in the business of
 3665  operating a clinical laboratory unless she or he has obtained a
 3666  clinical laboratory license from the agency or is exempt under
 3667  s. 483.031.
 3668         2. Conduct, maintain, or operate a clinical laboratory,
 3669  other than an exempt laboratory or a laboratory operated under
 3670  s. 483.035, unless the clinical laboratory is under the direct
 3671  and responsible supervision and direction of a person licensed
 3672  under part III of this chapter.
 3673         3. Allow any person other than an individual licensed under
 3674  part III of this chapter to perform clinical laboratory
 3675  procedures, except in the operation of a laboratory exempt under
 3676  s. 483.031 or a laboratory operated under s. 483.035.
 3677         4. Violate or aid and abet in the violation of any
 3678  provision of this part or the rules adopted under this part.
 3679         (b) The performance of any act specified in paragraph (a)
 3680  shall be referred by the agency to the local law enforcement
 3681  agency and constitutes a misdemeanor of the second degree,
 3682  punishable as provided in s. 775.082 or s. 775.083.
 3683  Additionally, the agency may issue and deliver a notice to cease
 3684  and desist from such act and may impose by citation an
 3685  administrative penalty not to exceed $5,000 per act. Each day
 3686  that unlicensed activity continues after issuance of a notice to
 3687  cease and desist constitutes a separate act.
 3688         Section 87. Section 483.294, Florida Statutes, is amended
 3689  to read:
 3690         483.294 Inspection of centers.—In accordance with s.
 3691  408.811, the agency shall biennially, at least once annually,
 3692  inspect the premises and operations of all centers subject to
 3693  licensure under this part.
 3694         Section 88. Paragraph (a) of subsection (54) of section
 3695  499.003, Florida Statutes, is amended to read:
 3696         499.003 Definitions of terms used in this part.—As used in
 3697  this part, the term:
 3698         (54) “Wholesale distribution” means distribution of
 3699  prescription drugs to persons other than a consumer or patient,
 3700  but does not include:
 3701         (a) Any of the following activities, which is not a
 3702  violation of s. 499.005(21) if such activity is conducted in
 3703  accordance with s. 499.01(2)(g):
 3704         1. The purchase or other acquisition by a hospital or other
 3705  health care entity that is a member of a group purchasing
 3706  organization of a prescription drug for its own use from the
 3707  group purchasing organization or from other hospitals or health
 3708  care entities that are members of that organization.
 3709         2. The sale, purchase, or trade of a prescription drug or
 3710  an offer to sell, purchase, or trade a prescription drug by a
 3711  charitable organization described in s. 501(c)(3) of the
 3712  Internal Revenue Code of 1986, as amended and revised, to a
 3713  nonprofit affiliate of the organization to the extent otherwise
 3714  permitted by law.
 3715         3. The sale, purchase, or trade of a prescription drug or
 3716  an offer to sell, purchase, or trade a prescription drug among
 3717  hospitals or other health care entities that are under common
 3718  control. For purposes of this subparagraph, “common control”
 3719  means the power to direct or cause the direction of the
 3720  management and policies of a person or an organization, whether
 3721  by ownership of stock, by voting rights, by contract, or
 3722  otherwise.
 3723         4. The sale, purchase, trade, or other transfer of a
 3724  prescription drug from or for any federal, state, or local
 3725  government agency or any entity eligible to purchase
 3726  prescription drugs at public health services prices pursuant to
 3727  Pub. L. No. 102-585, s. 602 to a contract provider or its
 3728  subcontractor for eligible patients of the agency or entity
 3729  under the following conditions:
 3730         a. The agency or entity must obtain written authorization
 3731  for the sale, purchase, trade, or other transfer of a
 3732  prescription drug under this subparagraph from the State Surgeon
 3733  General or his or her designee.
 3734         b. The contract provider or subcontractor must be
 3735  authorized by law to administer or dispense prescription drugs.
 3736         c. In the case of a subcontractor, the agency or entity
 3737  must be a party to and execute the subcontract.
 3738         d. A contract provider or subcontractor must maintain
 3739  separate and apart from other prescription drug inventory any
 3740  prescription drugs of the agency or entity in its possession.
 3741         d.e. The contract provider and subcontractor must maintain
 3742  and produce immediately for inspection all records of movement
 3743  or transfer of all the prescription drugs belonging to the
 3744  agency or entity, including, but not limited to, the records of
 3745  receipt and disposition of prescription drugs. Each contractor
 3746  and subcontractor dispensing or administering these drugs must
 3747  maintain and produce records documenting the dispensing or
 3748  administration. Records that are required to be maintained
 3749  include, but are not limited to, a perpetual inventory itemizing
 3750  drugs received and drugs dispensed by prescription number or
 3751  administered by patient identifier, which must be submitted to
 3752  the agency or entity quarterly.
 3753         e.f. The contract provider or subcontractor may administer
 3754  or dispense the prescription drugs only to the eligible patients
 3755  of the agency or entity or must return the prescription drugs
 3756  for or to the agency or entity. The contract provider or
 3757  subcontractor must require proof from each person seeking to
 3758  fill a prescription or obtain treatment that the person is an
 3759  eligible patient of the agency or entity and must, at a minimum,
 3760  maintain a copy of this proof as part of the records of the
 3761  contractor or subcontractor required under sub-subparagraph e.
 3762         f.g. In addition to the departmental inspection authority
 3763  set forth in s. 499.051, the establishment of the contract
 3764  provider and subcontractor and all records pertaining to
 3765  prescription drugs subject to this subparagraph shall be subject
 3766  to inspection by the agency or entity. All records relating to
 3767  prescription drugs of a manufacturer under this subparagraph
 3768  shall be subject to audit by the manufacturer of those drugs,
 3769  without identifying individual patient information.
 3770         Section 89. Section 624.49, Florida Statutes, is created to
 3771  read:
 3772         624.49Prohibition on contracts.—Notwithstanding any other
 3773  provision of law, a managed care entity, insurance carrier,
 3774  self-insured entity, or third-party administrator, or an agent
 3775  thereof which is governed by state law, may not impose a
 3776  contracted reimbursement rate on a medical provider for goods or
 3777  services provided or rendered pursuant to chapter 440 unless the
 3778  carrier directly contracts with the provider for that rate.
 3779         Section 90. Subsection (1) of section 627.645, Florida
 3780  Statutes, is amended to read:
 3781         627.645 Denial of health insurance claims restricted.—
 3782         (1) No claim for payment under a health insurance policy or
 3783  self-insured program of health benefits for treatment, care, or
 3784  services in a licensed hospital which is accredited by the Joint
 3785  Commission on the Accreditation of Hospitals, the American
 3786  Osteopathic Association, or the Commission on the Accreditation
 3787  of Rehabilitative Facilities shall be denied because such
 3788  hospital lacks major surgical facilities and is primarily of a
 3789  rehabilitative nature, if such rehabilitation is specifically
 3790  for treatment of physical disability.
 3791         Section 91. Effective May 1, 2012, paragraph (h) is added
 3792  to subsection (1) of section 627.602, Florida Statutes, to read:
 3793         627.602 Scope, format of policy.—
 3794         (1) Each health insurance policy delivered or issued for
 3795  delivery to any person in this state must comply with all
 3796  applicable provisions of this code and all of the following
 3797  requirements:
 3798         (h) Section 641.32 and the Employee Retirement Income
 3799  Security Act of 1974, as implemented by 29 C.F.R. s. 2560.503-1,
 3800  relating to internal grievances. This paragraph does not apply
 3801  to a health insurance policy that is subject to the Subscriber
 3802  Assistance Program in s. 408.7056 or to the types of health
 3803  benefit plans listed in s. 627.6561(5)(b)-(e) issued in any
 3804  market.
 3805         Section 92. Effective May 1, 2012, section 627.6513,
 3806  Florida Statutes, is created to read:
 3807         627.6513Section 641.312 and the Employee Retirement Income
 3808  Security Act of 1974, as implemented by 29 C.F.R. s. 2560.503-1,
 3809  relating to internal grievances, apply to all group health
 3810  insurance policies issued under this part. This section does not
 3811  apply to a group health insurance policy that is subject to the
 3812  Subscriber Assistance Program in s. 408.7056 or to the types of
 3813  health benefit plans listed in s. 627.6561(5)(b)-(e) issued in
 3814  any market.
 3815         Section 93. Paragraph (c) of subsection (2) of section
 3816  627.668, Florida Statutes, is amended to read:
 3817         627.668 Optional coverage for mental and nervous disorders
 3818  required; exception.—
 3819         (2) Under group policies or contracts, inpatient hospital
 3820  benefits, partial hospitalization benefits, and outpatient
 3821  benefits consisting of durational limits, dollar amounts,
 3822  deductibles, and coinsurance factors shall not be less favorable
 3823  than for physical illness generally, except that:
 3824         (c) Partial hospitalization benefits shall be provided
 3825  under the direction of a licensed physician. For purposes of
 3826  this part, the term “partial hospitalization services” is
 3827  defined as those services offered by a program accredited by the
 3828  Joint Commission on Accreditation of Hospitals (JCAH) or in
 3829  compliance with equivalent standards. Alcohol rehabilitation
 3830  programs accredited by the Joint Commission on Accreditation of
 3831  Hospitals or approved by the state and licensed drug abuse
 3832  rehabilitation programs shall also be qualified providers under
 3833  this section. In any benefit year, if partial hospitalization
 3834  services or a combination of inpatient and partial
 3835  hospitalization are utilized, the total benefits paid for all
 3836  such services shall not exceed the cost of 30 days of inpatient
 3837  hospitalization for psychiatric services, including physician
 3838  fees, which prevail in the community in which the partial
 3839  hospitalization services are rendered. If partial
 3840  hospitalization services benefits are provided beyond the limits
 3841  set forth in this paragraph, the durational limits, dollar
 3842  amounts, and coinsurance factors thereof need not be the same as
 3843  those applicable to physical illness generally.
 3844         Section 94. Subsection (3) of section 627.669, Florida
 3845  Statutes, is amended to read:
 3846         627.669 Optional coverage required for substance abuse
 3847  impaired persons; exception.—
 3848         (3) The benefits provided under this section shall be
 3849  applicable only if treatment is provided by, or under the
 3850  supervision of, or is prescribed by, a licensed physician or
 3851  licensed psychologist and if services are provided in a program
 3852  accredited by the Joint Commission on Accreditation of Hospitals
 3853  or approved by the state.
 3854         Section 95. Paragraph (a) of subsection (1) of section
 3855  627.736, Florida Statutes, is amended to read:
 3856         627.736 Required personal injury protection benefits;
 3857  exclusions; priority; claims.—
 3858         (1) REQUIRED BENEFITS.—Every insurance policy complying
 3859  with the security requirements of s. 627.733 shall provide
 3860  personal injury protection to the named insured, relatives
 3861  residing in the same household, persons operating the insured
 3862  motor vehicle, passengers in such motor vehicle, and other
 3863  persons struck by such motor vehicle and suffering bodily injury
 3864  while not an occupant of a self-propelled vehicle, subject to
 3865  the provisions of subsection (2) and paragraph (4)(e), to a
 3866  limit of $10,000 for loss sustained by any such person as a
 3867  result of bodily injury, sickness, disease, or death arising out
 3868  of the ownership, maintenance, or use of a motor vehicle as
 3869  follows:
 3870         (a) Medical benefits.—Eighty percent of all reasonable
 3871  expenses for medically necessary medical, surgical, X-ray,
 3872  dental, and rehabilitative services, including prosthetic
 3873  devices, and medically necessary ambulance, hospital, and
 3874  nursing services. However, the medical benefits shall provide
 3875  reimbursement only for such services and care that are lawfully
 3876  provided, supervised, ordered, or prescribed by a physician
 3877  licensed under chapter 458 or chapter 459, a dentist licensed
 3878  under chapter 466, or a chiropractic physician licensed under
 3879  chapter 460 or that are provided by any of the following persons
 3880  or entities:
 3881         1. A hospital or ambulatory surgical center licensed under
 3882  chapter 395.
 3883         2. A person or entity licensed under ss. 401.2101-401.45
 3884  that provides emergency transportation and treatment.
 3885         3. An entity wholly owned by one or more physicians
 3886  licensed under chapter 458 or chapter 459, chiropractic
 3887  physicians licensed under chapter 460, or dentists licensed
 3888  under chapter 466 or by such practitioner or practitioners and
 3889  the spouse, parent, child, or sibling of that practitioner or
 3890  those practitioners.
 3891         4. An entity wholly owned, directly or indirectly, by a
 3892  hospital or hospitals.
 3893         5. A health care clinic licensed under ss. 400.990-400.995
 3894  that is:
 3895         a. Accredited by the Joint Commission on Accreditation of
 3896  Healthcare Organizations, the American Osteopathic Association,
 3897  the Commission on Accreditation of Rehabilitation Facilities, or
 3898  the Accreditation Association for Ambulatory Health Care, Inc.;
 3899  or
 3900         b. A health care clinic that:
 3901         (I) Has a medical director licensed under chapter 458,
 3902  chapter 459, or chapter 460;
 3903         (II) Has been continuously licensed for more than 3 years
 3904  or is a publicly traded corporation that issues securities
 3905  traded on an exchange registered with the United States
 3906  Securities and Exchange Commission as a national securities
 3907  exchange; and
 3908         (III) Provides at least four of the following medical
 3909  specialties:
 3910         (A) General medicine.
 3911         (B) Radiography.
 3912         (C) Orthopedic medicine.
 3913         (D) Physical medicine.
 3914         (E) Physical therapy.
 3915         (F) Physical rehabilitation.
 3916         (G) Prescribing or dispensing outpatient prescription
 3917  medication.
 3918         (H) Laboratory services.
 3919  
 3920  The Financial Services Commission shall adopt by rule the form
 3921  that must be used by an insurer and a health care provider
 3922  specified in subparagraph 3., subparagraph 4., or subparagraph
 3923  5. to document that the health care provider meets the criteria
 3924  of this paragraph, which rule must include a requirement for a
 3925  sworn statement or affidavit.
 3926  
 3927  Only insurers writing motor vehicle liability insurance in this
 3928  state may provide the required benefits of this section, and no
 3929  such insurer shall require the purchase of any other motor
 3930  vehicle coverage other than the purchase of property damage
 3931  liability coverage as required by s. 627.7275 as a condition for
 3932  providing such required benefits. Insurers may not require that
 3933  property damage liability insurance in an amount greater than
 3934  $10,000 be purchased in conjunction with personal injury
 3935  protection. Such insurers shall make benefits and required
 3936  property damage liability insurance coverage available through
 3937  normal marketing channels. Any insurer writing motor vehicle
 3938  liability insurance in this state who fails to comply with such
 3939  availability requirement as a general business practice shall be
 3940  deemed to have violated part IX of chapter 626, and such
 3941  violation shall constitute an unfair method of competition or an
 3942  unfair or deceptive act or practice involving the business of
 3943  insurance; and any such insurer committing such violation shall
 3944  be subject to the penalties afforded in such part, as well as
 3945  those which may be afforded elsewhere in the insurance code.
 3946         Section 96.  Effective May 1, 2012, section 641.312,
 3947  Florida Statutes, is created to read:
 3948         641.312 The Financial Services Commission may adopt rules
 3949  to administer the National Association of Insurance
 3950  Commissioners’ Uniform Health Carrier External Review Model Act,
 3951  dated April 2010. This section does not apply to a health
 3952  maintenance contract that is subject to the Subscriber
 3953  Assistance Program in s. 408.7056 or to the types of health
 3954  benefit plans listed in s. 625.6561(5)(b)-(e) issued in any
 3955  market.
 3956         Section 97. Subsection (12) of section 641.495, Florida
 3957  Statutes, is amended to read:
 3958         641.495 Requirements for issuance and maintenance of
 3959  certificate.—
 3960         (12) The provisions of part I of chapter 395 do not apply
 3961  to a health maintenance organization that, on or before January
 3962  1, 1991, provides not more than 10 outpatient holding beds for
 3963  short-term and hospice-type patients in an ambulatory care
 3964  facility for its members, provided that such health maintenance
 3965  organization maintains current accreditation by the Joint
 3966  Commission on Accreditation of Health Care Organizations, the
 3967  Accreditation Association for Ambulatory Health Care, or the
 3968  National Committee for Quality Assurance.
 3969         Section 98. Subsection (13) of section 651.118, Florida
 3970  Statutes, is amended to read:
 3971         651.118 Agency for Health Care Administration; certificates
 3972  of need; sheltered beds; community beds.—
 3973         (13) Residents, as defined in this chapter, are not
 3974  considered new admissions for the purpose of s. 400.141(1)(n)
 3975  400.141(1)(o)1.d.
 3976         Section 99. Subsection (2) of section 766.1015, Florida
 3977  Statutes, is amended to read:
 3978         766.1015 Civil immunity for members of or consultants to
 3979  certain boards, committees, or other entities.—
 3980         (2) Such committee, board, group, commission, or other
 3981  entity must be established in accordance with state law or in
 3982  accordance with requirements of the Joint Commission on
 3983  Accreditation of Healthcare Organizations, established and duly
 3984  constituted by one or more public or licensed private hospitals
 3985  or behavioral health agencies, or established by a governmental
 3986  agency. To be protected by this section, the act, decision,
 3987  omission, or utterance may not be made or done in bad faith or
 3988  with malicious intent.
 3989         Section 100. Paragraph (j) is added to subsection (3) of
 3990  section 817.505, Florida Statutes, to read:
 3991         817.505 Patient brokering prohibited; exceptions;
 3992  penalties.—
 3993         (3) This section shall not apply to:
 3994         (j) Payments by an assisted living facility, as defined in
 3995  s. 429.02, or an agreement for or solicitation, offer, or
 3996  receipt of such payment by a referral service permitted under s.
 3997  429.195(2).
 3998         Section 101. Except as otherwise expressly provided in this
 3999  act, this act shall take effect July 1, 2012.
 4000  
 4001  ================= T I T L E  A M E N D M E N T ================
 4002         And the title is amended as follows:
 4003         Delete everything before the enacting clause
 4004  and insert:
 4005                        A bill to be entitled                      
 4006         An act relating to health care facilities; amending s.
 4007         83.42, F.S., relating to exclusions from part II of
 4008         ch. 83, F.S., the Florida Residential Landlord and
 4009         Tenant Act; clarifying that the procedures in s.
 4010         400.0255, F.S., for transfers and discharges are
 4011         exclusive to residents of a nursing home licensed
 4012         under part II of ch. 400, F.S.; amending s. 112.0455,
 4013         F.S., relating to the Drug-Free Workplace Act;
 4014         deleting a provision regarding retroactivity of the
 4015         act; deleting a provision that the act does not
 4016         abrogate the right of an employer under state law to
 4017         conduct drug tests before a specified date; deleting a
 4018         provision that requires a laboratory to submit to the
 4019         Agency for Health Care Administration a monthly report
 4020         containing statistical information regarding the
 4021         testing of employees and job applicants; amending s.
 4022         318.21, F.S.; providing that a portion of the
 4023         additional fines assessed for traffic violations
 4024         within an enhanced penalty zone be remitted to the
 4025         Department of Revenue and deposited into the Brain and
 4026         Spinal Cord Injury Trust Fund of the Department of
 4027         Health to serve certain Medicaid recipients; amending
 4028         s. 383.011, F.S.; requiring the Department of Health
 4029         to establish an interagency agreement with the
 4030         Department of Children and Family Services for
 4031         management of the Special Supplemental Nutrition
 4032         Program for Women, Infants, and Children; specifying
 4033         responsibilities of each department; creating s.
 4034         383.141, F.S.; providing legislative findings;
 4035         providing definitions; requiring that health care
 4036         providers provide pregnant women with current
 4037         information about the nature of the developmental
 4038         disabilities tested for in certain prenatal tests, the
 4039         accuracy of such tests, and resources for obtaining
 4040         support services for Down syndrome and other
 4041         prenatally diagnosed developmental disabilities and
 4042         that the counseling that follows such diagnosis may
 4043         lead to the unnecessary abortion of unborn humans;
 4044         providing duties for the Department of Health
 4045         concerning establishment of an information
 4046         clearinghouse; creating an advocacy council within the
 4047         Department of Health to provide technical assistance
 4048         in forming the clearinghouse; providing membership for
 4049         the council; providing duties of the council;
 4050         providing terms for members of the council; providing
 4051         for election of a chairperson and vice chairperson;
 4052         providing meeting times for the council; requiring the
 4053         members to serve without compensation but be
 4054         reimbursed for per diem and travel expenses; requiring
 4055         the Department of Health to provide administrative
 4056         support; repealing s. 383.325, F.S., relating to
 4057         confidentiality of inspection reports of a licensed
 4058         birth center facilities; creating s. 385.2031, F.S.;
 4059         designating the Florida Hospital/Sandford-Burnham
 4060         Translational Research Institute for Metabolism and
 4061         Diabetes as a resource for research in the prevention
 4062         and treatment of diabetes; amending s. 394.4787, F.S.;
 4063         conforming a cross-reference; amending s. 395.002,
 4064         F.S.; revising and deleting definitions applicable to
 4065         the regulation of hospitals and other licensed
 4066         facilities; conforming a cross-reference; amending s.
 4067         395.003, F.S.; deleting an obsolete provision;
 4068         conforming a cross-reference; amending s. 395.0161,
 4069         F.S.; deleting a requirement that facilities licensed
 4070         under part I of ch. 395, F.S., pay licensing fees at
 4071         the time of inspection; amending s. 395.0193, F.S.;
 4072         requiring a licensed facility to report certain peer
 4073         review information and final disciplinary actions to
 4074         the Division of Medical Quality Assurance of the
 4075         Department of Health, rather than the Division of
 4076         Health Quality Assurance of the Agency for Health Care
 4077         Administration; amending s. 395.1023, F.S.; providing
 4078         for the Department of Children and Family Services,
 4079         rather than the Department of Health, to perform
 4080         certain functions with respect to child protection
 4081         cases; requiring certain hospitals to notify the
 4082         Department of Children and Family Services of
 4083         compliance; amending s. 395.1041, F.S., relating to
 4084         hospital emergency services and care; deleting
 4085         obsolete provisions; repealing s. 395.1046, F.S.,
 4086         relating to procedures employed by the Agency for
 4087         Health Care Administration when investigating
 4088         complaints against hospitals; amending s. 400.0239,
 4089         F.S.; conforming a provision to changes made by the
 4090         act; amending s. 400.0255, F.S.; revising provisions
 4091         relating to hearings on resident transfer or
 4092         discharge; amending s. 400.063, F.S.; deleting an
 4093         obsolete cross-reference; amending s. 400.071, F.S.;
 4094         deleting provisions requiring a license applicant to
 4095         submit a signed affidavit relating to financial or
 4096         ownership interests, the number of beds, copies of
 4097         civil verdicts or judgments involving the applicant,
 4098         and a plan for quality assurance and risk management;
 4099         amending s. 400.0712, F.S.; revising provisions
 4100         relating to the issuance of inactive licenses;
 4101         amending s. 400.111, F.S.; providing that a licensee
 4102         must provide certain information relating to financial
 4103         or ownership interests if requested by the Agency for
 4104         Health Care Administration; amending s. 400.1183,
 4105         F.S.; revising requirements relating to nursing home
 4106         facility grievance reports; amending s. 400.141, F.S.;
 4107         revising provisions relating to the provision of
 4108         respite care in a facility; deleting requirements for
 4109         the submission of certain reports to the agency
 4110         relating to ownership interests, staffing ratios, and
 4111         bankruptcy; deleting an obsolete provision; amending
 4112         s. 400.142, F.S.; deleting the agency’s authority to
 4113         adopt rules relating to orders not to resuscitate;
 4114         amending s. 400.147, F.S.; revising provisions
 4115         relating to adverse incident reports; deleting certain
 4116         reporting requirements; repealing s. 400.148, F.S.,
 4117         relating to the Medicaid “Up-or-Out” Quality of Care
 4118         Contract Management Program; amending s. 400.19, F.S.;
 4119         revising provisions relating to agency inspections of
 4120         nursing home facilities; amending s. 400.191, F.S.;
 4121         authorizing the facility to charge a fee for copies of
 4122         resident records; amending s. 400.23, F.S.; specifying
 4123         the content of rules relating to nursing home facility
 4124         staffing requirements for residents under 21 years of
 4125         age; amending s. 400.275, F.S.; revising agency duties
 4126         with regard to training nursing home surveyor teams;
 4127         revising requirements for team members; amending s.
 4128         400.462, F.S.; revising the definition of
 4129         “remuneration” to exclude items having a value of $15
 4130         or less; amending s. 400.474, F.S.; revising the
 4131         requirements for a quarterly report submitted to the
 4132         Agency for Health Care Administration by each home
 4133         health agency; amending s. 400.484, F.S.; revising the
 4134         classification of violations by a home health agency
 4135         for which the agency imposes an administrative fine;
 4136         amending and reenacting s. 400.506, F.S., relating to
 4137         licensure of nurse registries, to incorporate the
 4138         amendment made to s. 400.509, F.S., in a reference
 4139         thereto; authorizing an administrator to manage up to
 4140         five nurse registries under certain circumstances;
 4141         requiring an administrator to designate, in writing,
 4142         for each licensed entity, a qualified alternate
 4143         administrator to serve during the administrator’s
 4144         absence; amending s. 400.509, F.S.; providing that
 4145         organizations that provide companion or homemaker
 4146         services only to persons with developmental
 4147         disabilities, under contract with the Agency for
 4148         Persons with Disabilities, are exempt from
 4149         registration with the Agency for Health Care
 4150         Administration; reenacting ss. 400.464(5)(b) and
 4151         400.506(6)(a), F.S., relating to home health agencies
 4152         and licensure of nurse registries, respectively, to
 4153         incorporate the amendment made to s. 400.509, F.S., in
 4154         references thereto; amending s. 400.601, F.S.;
 4155         revising the definition of the term “hospice” to
 4156         include limited liability companies; amending s.
 4157         400.606, F.S.; revising the content requirements of
 4158         the plan accompanying an initial or change-of
 4159         ownership application for licensure of a hospice;
 4160         revising requirements relating to certificates of need
 4161         for certain hospice facilities; amending s. 400.915,
 4162         F.S.; correcting an obsolete cross-reference to
 4163         administrative rules; amending s. 400.931, F.S.;
 4164         requiring each applicant for initial licensure, change
 4165         of ownership, or license renewal to operate a licensed
 4166         home medical equipment provider at a location outside
 4167         the state to submit documentation of accreditation, or
 4168         an application for accreditation, from an accrediting
 4169         organization that is recognized by the Agency for
 4170         Health Care Administration; requiring an applicant
 4171         that has applied for accreditation to provide proof of
 4172         accreditation within a specified time; deleting a
 4173         requirement that an applicant for a home medical
 4174         equipment provider license submit a surety bond to the
 4175         agency; amending s. 400.967, F.S.; revising the
 4176         classification of violations by intermediate care
 4177         facilities for the developmentally disabled; providing
 4178         a penalty for certain violations; amending s.
 4179         400.9905, F.S.; revising the definitions of the terms
 4180         “clinic” and “portable equipment provider”; revising
 4181         requirements for an application for exemption from
 4182         health care clinic licensure requirements for certain
 4183         entities; providing for the agency to deny or revoke
 4184         the exemption under certain circumstances; including
 4185         health services provided to multiple locations within
 4186         the definition of the term “portable health service or
 4187         equipment provider”; amending s. 400.991, F.S.;
 4188         conforming terminology; revising application
 4189         requirements relating to documentation of financial
 4190         ability to operate a mobile clinic; amending s.
 4191         400.9935, F.S.; adding additional responsibilities of
 4192         medical and clinic directors with respect to the
 4193         posting of a schedule of charges for services;
 4194         amending s. 408.033, F.S.; providing that fees
 4195         assessed on selected health care facilities and
 4196         organizations may be collected prospectively at the
 4197         time of licensure renewal and prorated for the
 4198         licensing period; amending s. 408.034, F.S.; revising
 4199         agency authority relating to licensing of intermediate
 4200         care facilities for the developmentally disabled;
 4201         amending s. 408.036, F.S.; conforming provisions to
 4202         changes made by the act; amending s. 408.037, F.S.;
 4203         revising requirements for the financial information to
 4204         be included in an application for a certificate of
 4205         need; amending s. 408.043, F.S.; revising requirements
 4206         for certain freestanding inpatient hospice care
 4207         facilities to obtain a certificate of need; amending
 4208         s. 408.061, F.S.; revising data reporting requirements
 4209         for health care facilities; amending s. 408.07, F.S.;
 4210         deleting a cross-reference; amending s. 408.10, F.S.;
 4211         removing agency authority to investigate certain
 4212         consumer complaints; amending s. 408.7056, F.S.;
 4213         providing that the Subscriber Assistance Program
 4214         applies to clinics and health plans that meet certain
 4215         requirements; amending s. 408.802, F.S.; removing
 4216         applicability of part II of ch. 408, F.S., relating to
 4217         general licensure requirements, to private review
 4218         agents; amending s. 408.804, F.S.; providing penalties
 4219         for altering, defacing, or falsifying a license
 4220         certificate issued by the agency or displaying such an
 4221         altered, defaced, or falsified certificate; amending
 4222         s. 408.806, F.S.; revising agency responsibilities for
 4223         notification of licensees of impending expiration of a
 4224         license; requiring payment of a late fee for a license
 4225         application to be considered complete under certain
 4226         circumstances; amending s. 408.8065, F.S.; revising
 4227         the requirements for becoming licensed as a home
 4228         health agency, home medical equipment provider, or
 4229         health care clinic; amending s. 408.810, F.S.;
 4230         requiring that the controlling interest of a health
 4231         care licensee notify the agency of certain court
 4232         proceedings; providing a penalty; amending s. 408.813,
 4233         F.S.; authorizing the agency to impose fines for
 4234         unclassified violations of part II of ch. 408, F.S.;
 4235         amending s. 409.912, F.S.; revising provisions
 4236         requiring the agency to post certain information
 4237         relating to drugs subject to prior authorization on
 4238         its Internet website; providing a definition of the
 4239         term “step edit”; amending s. 409.975, F.S.; requiring
 4240         good faith negotiations between Medicaid managed care
 4241         plans and essential Medicaid providers; providing that
 4242         a statewide essential provider is part of a Medicaid
 4243         managed care plan’s network for purposes of the
 4244         managed care plan’s application for enrollment or
 4245         expansion in the Medicaid program; requiring good
 4246         faith negotiations between Medicaid managed care plans
 4247         and statewide essential providers; authorizing
 4248         Medicaid managed care plans and certain Medicaid
 4249         providers to file a complaint alleging that, in
 4250         provider network negotiations, the other party is not
 4251         negotiating in good faith; requiring the Agency for
 4252         Health Care Administration to review such complaints
 4253         and make a determination as to whether one or both
 4254         parties have failed to negotiate in good faith;
 4255         providing criteria for the agency to consider in
 4256         making a determination about good faith negotiations;
 4257         providing financial penalties for parties that do not
 4258         negotiate in good faith; authorizing appeal of the
 4259         agency’s determination pursuant to chapter 120, F.S.;
 4260         providing for payment of attorney’s fees and costs;
 4261         amending s. 429.11, F.S.; revising licensure
 4262         application requirements for assisted living
 4263         facilities to eliminate provisional licenses; amending
 4264         s. 429.71, F.S.; revising the classification of
 4265         violations by adult family-care homes; amending s.
 4266         429.195, F.S.; providing exceptions to applicability
 4267         of assisted living facility rebate restrictions;
 4268         amending s. 429.915, F.S.; revising agency
 4269         responsibilities regarding the issuance of conditional
 4270         licenses; amending ss. 430.80, 430.81, and 651.118,
 4271         F.S.; conforming cross-references; amending s.
 4272         440.102, F.S.; removing a requirement that a
 4273         laboratory submit to the Agency for Health Care
 4274         Administration a monthly report containing statistical
 4275         information regarding the testing of employees and job
 4276         applicants; amending s. 465.014, F.S.; providing that
 4277         the provisions governing pharmacy technicians do not
 4278         apply to a practitioner authorized to dispense drugs
 4279         or a medical assistant or licensed health care
 4280         professional acting under the direct supervision of
 4281         such a practitioner under certain circumstances;
 4282         amending s. 468.1695, F.S.; providing that a health
 4283         services administration or equivalent major satisfies
 4284         the education requirements for nursing home
 4285         administrator applicants; amending s. 483.035, F.S.;
 4286         providing for a clinical laboratory to be operated by
 4287         certain nurses; amending s. 483.051, F.S.; requiring
 4288         the Agency for Health Care Administration to provide
 4289         for biennial licensure of all nonwaived laboratories
 4290         that meet certain requirements; requiring the agency
 4291         to prescribe qualifications for such licensure;
 4292         defining nonwaived laboratories as laboratories that
 4293         do not have a certificate of waiver from the Centers
 4294         for Medicare and Medicaid Services; deleting
 4295         requirements for the registration of an alternate site
 4296         testing location when the clinical laboratory applies
 4297         to renew its license; amending s. 483.23, F.S.;
 4298         providing that certain violations relating to the
 4299         operation of a clinical laboratory be referred by the
 4300         Agency for Health Care Administration to the local law
 4301         enforcement agency; authorizing the Agency for Health
 4302         Care Administration to provide a cease and desist
 4303         notice and impose administrative penalties and fines;
 4304         amending s. 483.294, F.S.; revising the frequency of
 4305         agency inspections of multiphasic health testing
 4306         centers; amending s. 499.003, F.S.; removing the
 4307         requirement for certain prescription drug purchasers
 4308         to maintain a separate inventory of certain
 4309         prescription drugs; creating s. 624.49, F.S.;
 4310         prohibiting a managed care entity, insurance carrier,
 4311         self-insured entity, or third-party administrator, or
 4312         an agent thereof, from imposing a contracted
 4313         reimbursement rate on a medical provider for certain
 4314         goods or services unless the carrier directly
 4315         contracts with the provider for that rate; amending
 4316         and creating, respectively, ss. 627.602 and 627.6513,
 4317         F.S.; providing that the Uniform Health Carrier
 4318         External Review Model Act and the Employee Retirement
 4319         Income Security Act apply to individual and group
 4320         health insurance policies except those subject to the
 4321         Subscriber Assistance Program under s. 408.7056, F.S.;
 4322         creating s. 641.312, F.S.; allowing the Office of
 4323         Insurance Regulation to adopt rules to administer the
 4324         National Association of Insurance Commissioners’
 4325         Uniform Health Carrier External Review Model Act;
 4326         providing that the Uniform Health Carrier External
 4327         Review Model Act does not apply to a health
 4328         maintenance contract that is subject to the Subscriber
 4329         Assistance Program under s. 408.7056, F.S. or certain
 4330         other health benefit plans; amending s. 817.505, F.S.;
 4331         providing an exception to provisions prohibiting
 4332         patient brokering; providing effective dates.