Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 787
       
       
       
       
       
       
                                Barcode 109490                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             03/09/2012 10:57 PM       .      03/10/2012 12:02 AM       
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (8) and (16) of section 400.021,
    6  Florida Statutes, are amended, and subsection (19) is added to
    7  that section, to read:
    8         400.021 Definitions.—When used in this part, unless the
    9  context otherwise requires, the term:
   10         (8) “Geriatric outpatient clinic” means a site for
   11  providing outpatient health care to persons 60 years of age or
   12  older, which is staffed by a registered nurse, or a physician
   13  assistant, or a licensed practical nurse under the direct
   14  supervision of a registered nurse, advanced registered nurse
   15  practitioner, physician assistant, or physician.
   16         (16) “Resident care plan” means a written plan developed,
   17  maintained, and reviewed not less than quarterly by a registered
   18  nurse, with participation from other facility staff and the
   19  resident or his or her designee or legal representative, which
   20  includes a comprehensive assessment of the needs of an
   21  individual resident; the type and frequency of services required
   22  to provide the necessary care for the resident to attain or
   23  maintain the highest practicable physical, mental, and
   24  psychosocial well-being; a listing of services provided within
   25  or outside the facility to meet those needs; and an explanation
   26  of service goals. The resident care plan must be signed by the
   27  director of nursing or another registered nurse employed by the
   28  facility to whom institutional responsibilities have been
   29  delegated and by the resident, the resident’s designee, or the
   30  resident’s legal representative. The facility may not use an
   31  agency or temporary registered nurse to satisfy the foregoing
   32  requirement and must document the institutional responsibilities
   33  that have been delegated to the registered nurse.
   34         (19) “Therapeutic spa services” means bathing, nail, and
   35  hair care services and other similar services related to
   36  personal hygiene.
   37         Section 2. Subsection (2) of section 400.1183, Florida
   38  Statutes, is amended to read:
   39         400.1183 Resident grievance procedures.—
   40         (2) Each nursing home facility shall maintain records of
   41  all grievances and a shall report, subject to agency inspection,
   42  of to the agency at the time of relicensure the total number of
   43  grievances handled during the prior licensure period, a
   44  categorization of the cases underlying the grievances, and the
   45  final disposition of the grievances.
   46         Section 3. Paragraphs (p), (q), (s), (t), (u), (v), (w) of
   47  subsection (1) of section 400.141, Florida Statutes, are
   48  redesignated as paragraphs (o), (p), (q), (r), (s), (t), and
   49  (u), respectively, and present paragraphs (f), (g), (j), (n),
   50  (o), (p), (q), (r),and (s) of that subsection are amended, to
   51  read:
   52         400.141 Administration and management of nursing home
   53  facilities.—
   54         (1) Every licensed facility shall comply with all
   55  applicable standards and rules of the agency and shall:
   56         (f) Be allowed and encouraged by the agency to provide
   57  other needed services under certain conditions. If the facility
   58  has a standard licensure status, and has had no class I or class
   59  II deficiencies during the past 2 years or has been awarded a
   60  Gold Seal under the program established in s. 400.235, it may be
   61  encouraged by the agency to provide services, including, but not
   62  limited to, respite, therapeutic spa, and adult day services to
   63  nonresidents, which enable individuals to move in and out of the
   64  facility. A facility is not subject to any additional licensure
   65  requirements for providing these services. Respite care may be
   66  offered to persons in need of short-term or temporary nursing
   67  home services. Respite care must be provided in accordance with
   68  this part and rules adopted by the agency. However, the agency
   69  shall, by rule, adopt modified requirements for resident
   70  assessment, resident care plans, resident contracts, physician
   71  orders, and other provisions, as appropriate, for short-term or
   72  temporary nursing home services. Providers of adult day services
   73  must comply with the requirements of s. 429.905(2). The agency
   74  shall allow for shared programming and staff in a facility which
   75  meets minimum standards and offers services pursuant to this
   76  paragraph, but, if the facility is cited for deficiencies in
   77  patient care, may require additional staff and programs
   78  appropriate to the needs of service recipients. A person who
   79  receives respite care may not be counted as a resident of the
   80  facility for purposes of the facility’s licensed capacity unless
   81  that person receives 24-hour respite care. A person receiving
   82  either respite care for 24 hours or longer or adult day services
   83  must be included when calculating minimum staffing for the
   84  facility. Any costs and revenues generated by a nursing home
   85  facility from nonresidential programs or services shall be
   86  excluded from the calculations of Medicaid per diems for nursing
   87  home institutional care reimbursement.
   88         (g) If the facility has a standard license or is a Gold
   89  Seal facility, exceeds the minimum required hours of licensed
   90  nursing and certified nursing assistant direct care per resident
   91  per day, and is part of a continuing care facility licensed
   92  under chapter 651 or a retirement community that offers other
   93  services pursuant to part III of this chapter or part I or part
   94  III of chapter 429 on a single campus, be allowed to share
   95  programming and staff. At the time of inspection and in the
   96  semiannual report required pursuant to paragraph (o), a
   97  continuing care facility or retirement community that uses this
   98  option must demonstrate through staffing records that minimum
   99  staffing requirements for the facility were met. Licensed nurses
  100  and certified nursing assistants who work in the nursing home
  101  facility may be used to provide services elsewhere on campus if
  102  the facility exceeds the minimum number of direct care hours
  103  required per resident per day and the total number of residents
  104  receiving direct care services from a licensed nurse or a
  105  certified nursing assistant does not cause the facility to
  106  violate the staffing ratios required under s. 400.23(3)(a).
  107  Compliance with the minimum staffing ratios must shall be based
  108  on the total number of residents receiving direct care services,
  109  regardless of where they reside on campus. If the facility
  110  receives a conditional license, it may not share staff until the
  111  conditional license status ends. This paragraph does not
  112  restrict the agency’s authority under federal or state law to
  113  require additional staff if a facility is cited for deficiencies
  114  in care which are caused by an insufficient number of certified
  115  nursing assistants or licensed nurses. The agency may adopt
  116  rules for the documentation necessary to determine compliance
  117  with this provision.
  118         (j) Keep full records of resident admissions and
  119  discharges; medical and general health status, including medical
  120  records, personal and social history, and identity and address
  121  of next of kin or other persons who may have responsibility for
  122  the affairs of the resident residents; and individual resident
  123  care plans, including, but not limited to, prescribed services,
  124  service frequency and duration, and service goals. The records
  125  must shall be open to agency inspection by the agency. The
  126  licensee shall maintain clinical records on each resident in
  127  accordance with accepted professional standards and practices,
  128  which must be complete, accurately documented, readily
  129  accessible, and systematically organized.
  130         (n) Submit to the agency the information specified in s.
  131  400.071(1)(b) for a management company within 30 days after the
  132  effective date of the management agreement.
  133         (o)1. Submit semiannually to the agency, or more frequently
  134  if requested by the agency, information regarding facility
  135  staff-to-resident ratios, staff turnover, and staff stability,
  136  including information regarding certified nursing assistants,
  137  licensed nurses, the director of nursing, and the facility
  138  administrator. For purposes of this reporting:
  139         a. Staff-to-resident ratios must be reported in the
  140  categories specified in s. 400.23(3)(a) and applicable rules.
  141  The ratio must be reported as an average for the most recent
  142  calendar quarter.
  143         b. Staff turnover must be reported for the most recent 12
  144  month period ending on the last workday of the most recent
  145  calendar quarter prior to the date the information is submitted.
  146  The turnover rate must be computed quarterly, with the annual
  147  rate being the cumulative sum of the quarterly rates. The
  148  turnover rate is the total number of terminations or separations
  149  experienced during the quarter, excluding any employee
  150  terminated during a probationary period of 3 months or less,
  151  divided by the total number of staff employed at the end of the
  152  period for which the rate is computed, and expressed as a
  153  percentage.
  154         c. The formula for determining staff stability is the total
  155  number of employees that have been employed for more than 12
  156  months, divided by the total number of employees employed at the
  157  end of the most recent calendar quarter, and expressed as a
  158  percentage.
  159         (n) Comply with state minimum-staffing requirements:
  160         1.d. A nursing facility that has failed to comply with
  161  state minimum-staffing requirements for 2 consecutive days is
  162  prohibited from accepting new admissions until the facility has
  163  achieved the minimum-staffing requirements for a period of 6
  164  consecutive days. For the purposes of this subparagraph sub
  165  subparagraph, any person who was a resident of the facility and
  166  was absent from the facility for the purpose of receiving
  167  medical care at a separate location or was on a leave of absence
  168  is not considered a new admission. Failure by the facility to
  169  impose such an admissions moratorium is subject to a $1,000 fine
  170  constitutes a class II deficiency.
  171         2.e. A nursing facility that which does not have a
  172  conditional license may be cited for failure to comply with the
  173  standards in s. 400.23(3)(a)1.b. and c. only if it has failed to
  174  meet those standards on 2 consecutive days or if it has failed
  175  to meet at least 97 percent of those standards on any one day.
  176         3.f. A facility that which has a conditional license must
  177  be in compliance with the standards in s. 400.23(3)(a) at all
  178  times.
  179         2. This paragraph does not limit the agency’s ability to
  180  impose a deficiency or take other actions if a facility does not
  181  have enough staff to meet the residents’ needs.
  182         (o)(p) Notify a licensed physician when a resident exhibits
  183  signs of dementia or cognitive impairment or has a change of
  184  condition in order to rule out the presence of an underlying
  185  physiological condition that may be contributing to such
  186  dementia or impairment. The notification must occur within 30
  187  days after the acknowledgment of such signs by facility staff.
  188  If an underlying condition is determined to exist, the facility
  189  shall arrange, with the appropriate health care provider,
  190  arrange for the necessary care and services to treat the
  191  condition.
  192         (p)(q) If the facility implements a dining and hospitality
  193  attendant program, ensure that the program is developed and
  194  implemented under the supervision of the facility director of
  195  nursing. A licensed nurse, licensed speech or occupational
  196  therapist, or a registered dietitian must conduct training of
  197  dining and hospitality attendants. A person employed by a
  198  facility as a dining and hospitality attendant must perform
  199  tasks under the direct supervision of a licensed nurse.
  200         (r) Report to the agency any filing for bankruptcy
  201  protection by the facility or its parent corporation,
  202  divestiture or spin-off of its assets, or corporate
  203  reorganization within 30 days after the completion of such
  204  activity.
  205         (q)(s) Maintain general and professional liability
  206  insurance coverage that is in force at all times. In lieu of
  207  such general and professional liability insurance coverage, a
  208  state-designated teaching nursing home and its affiliated
  209  assisted living facilities created under s. 430.80 may
  210  demonstrate proof of financial responsibility as provided in s.
  211  430.80(3)(g).
  212         Section 4. Subsection (3) of section 400.142, Florida
  213  Statutes, is amended to read:
  214         400.142 Emergency medication kits; orders not to
  215  resuscitate.—
  216         (3) Facility staff may withhold or withdraw cardiopulmonary
  217  resuscitation if presented with an order not to resuscitate
  218  executed pursuant to s. 401.45. The agency shall adopt rules
  219  providing for the implementation of such orders. Facility staff
  220  and facilities are shall not be subject to criminal prosecution
  221  or civil liability, or nor be considered to have engaged in
  222  negligent or unprofessional conduct, for withholding or
  223  withdrawing cardiopulmonary resuscitation pursuant to such an
  224  order and rules adopted by the agency. The absence of an order
  225  not to resuscitate executed pursuant to s. 401.45 does not
  226  preclude a physician from withholding or withdrawing
  227  cardiopulmonary resuscitation as otherwise permitted by law.
  228         Section 5. Subsections (9) through (15) of section 400.147,
  229  Florida Statutes, are renumbered as subsections (8) through
  230  (13), respectively, and present subsections (7), (8), and (10)
  231  of that section are amended to read:
  232         400.147 Internal risk management and quality assurance
  233  program.—
  234         (7) The nursing home facility shall initiate an
  235  investigation and shall notify the agency within 1 business day
  236  after the risk manager or his or her designee has received a
  237  report pursuant to paragraph (1)(d). The facility must complete
  238  the investigation and submit a report to the agency within 15
  239  calendar days after the adverse incident occurred. The
  240  notification must be made in writing and be provided
  241  electronically, by facsimile device or overnight mail delivery.
  242  The agency shall develop a form for the report which
  243  notification must include the name of the risk manager,
  244  information regarding the identity of the affected resident, the
  245  type of adverse incident, the initiation of an investigation by
  246  the facility, and whether the events causing or resulting in the
  247  adverse incident represent a potential risk to any other
  248  resident. The report notification is confidential as provided by
  249  law and is not discoverable or admissible in any civil or
  250  administrative action, except in disciplinary proceedings by the
  251  agency or the appropriate regulatory board. The agency may
  252  investigate, as it deems appropriate, any such incident and
  253  prescribe measures that must or may be taken in response to the
  254  incident. The agency shall review each report incident and
  255  determine whether it potentially involved conduct by the health
  256  care professional who is subject to disciplinary action, in
  257  which case the provisions of s. 456.073 shall apply.
  258         (8)(a) Each facility shall complete the investigation and
  259  submit an adverse incident report to the agency for each adverse
  260  incident within 15 calendar days after its occurrence. If, after
  261  a complete investigation, the risk manager determines that the
  262  incident was not an adverse incident as defined in subsection
  263  (5), the facility shall include this information in the report.
  264  The agency shall develop a form for reporting this information.
  265         (b) The information reported to the agency pursuant to
  266  paragraph (a) which relates to persons licensed under chapter
  267  458, chapter 459, chapter 461, or chapter 466 shall be reviewed
  268  by the agency. The agency shall determine whether any of the
  269  incidents potentially involved conduct by a health care
  270  professional who is subject to disciplinary action, in which
  271  case the provisions of s. 456.073 shall apply.
  272         (c) The report submitted to the agency must also contain
  273  the name of the risk manager of the facility.
  274         (d) The adverse incident report is confidential as provided
  275  by law and is not discoverable or admissible in any civil or
  276  administrative action, except in disciplinary proceedings by the
  277  agency or the appropriate regulatory board.
  278         (10) By the 10th of each month, each facility subject to
  279  this section shall report any notice received pursuant to s.
  280  400.0233(2) and each initial complaint that was filed with the
  281  clerk of the court and served on the facility during the
  282  previous month by a resident or a resident’s family member,
  283  guardian, conservator, or personal legal representative. The
  284  report must include the name of the resident, the resident’s
  285  date of birth and social security number, the Medicaid
  286  identification number for Medicaid-eligible persons, the date or
  287  dates of the incident leading to the claim or dates of
  288  residency, if applicable, and the type of injury or violation of
  289  rights alleged to have occurred. Each facility shall also submit
  290  a copy of the notices received pursuant to s. 400.0233(2) and
  291  complaints filed with the clerk of the court. This report is
  292  confidential as provided by law and is not discoverable or
  293  admissible in any civil or administrative action, except in such
  294  actions brought by the agency to enforce the provisions of this
  295  part.
  296         Section 6. Section 400.172, Florida Statutes, is created to
  297  read:
  298         400.172 Respite care provided in nursing home facilities.—
  299         (1) For each person admitted for respite care as authorized
  300  under s. 400.141(1)(f), a nursing home facility operated by a
  301  licensee must:
  302         (a) Have a written abbreviated plan of care that, at a
  303  minimum, includes nutritional requirements, medication orders,
  304  physician orders, nursing assessments, and dietary preferences.
  305  The nursing or physician assessments may take the place of all
  306  other assessments required for full-time residents.
  307         (b) Have a contract that, at a minimum, specifies the
  308  services to be provided to a resident receiving respite care,
  309  including charges for services, activities, equipment, emergency
  310  medical services, and the administration of medications. If
  311  multiple admissions for a single person for respite care are
  312  anticipated, the original contract is valid for 1 year after the
  313  date the contract is executed.
  314         (c) Ensure that each resident is released to his or her
  315  caregiver or an individual designated in writing by the
  316  caregiver.
  317         (2) A person admitted under the respite care program shall:
  318         (a) Be exempt from department rules relating to the
  319  discharge planning process.
  320         (b) Be covered by the residents’ rights specified in s.
  321  400.022(1)(a)-(o) and (r)-(t). Funds or property of the resident
  322  are not be considered trust funds subject to the requirements of
  323  s. 400.022(1)(h) until the resident has been in the facility for
  324  more than 14 consecutive days.
  325         (c) Be allowed to use his or her personal medications
  326  during the respite stay if permitted by facility policy. The
  327  facility must obtain a physician’s order for the medications.
  328  The caregiver may provide information regarding the medications
  329  as part of the nursing assessment and that information must
  330  agree with the physician’s order. Medications shall be released
  331  with the resident upon discharge in accordance with current
  332  physician’s orders.
  333         (d) Be entitled to reside in the facility for a total of 60
  334  days within a contract year or for a total of 60 days within a
  335  calendar year if the contract is for less than 12 months.
  336  However, each single stay may not exceed 14 days. If a stay
  337  exceeds 14 consecutive days, the facility must comply with all
  338  assessment and care planning requirements applicable to nursing
  339  home residents.
  340         (e) Reside in a licensed nursing home bed.
  341         (3) A prospective respite care resident must provide
  342  medical information from a physician, physician assistant, or
  343  nurse practitioner and any other information provided by the
  344  primary caregiver required by the facility before or when the
  345  person is admitted to receive respite care. The medical
  346  information must include a physician’s order for respite care
  347  and proof of a physical examination by a licensed physician,
  348  physician assistant, or nurse practitioner. The physician’s
  349  order and physical examination may be used to provide
  350  intermittent respite care for up to 12 months after the date the
  351  order is written.
  352         (4) The facility shall assume the duties of the primary
  353  caregiver. To ensure continuity of care and services, the
  354  resident may retain his or her personal physician and shall have
  355  access to medically necessary services such as physical therapy,
  356  occupational therapy, or speech therapy, as needed. The facility
  357  shall arrange for transportation of the resident to these
  358  services, if necessary.
  359         Section 7. Subsection (5) of section 400.23, Florida
  360  Statutes, is amended to read:
  361         400.23 Rules; evaluation and deficiencies; licensure
  362  status.—
  363         (5) The agency, in collaboration with the Division of
  364  Children’s Medical Services of the Department of Health, must,
  365  no later than December 31, 1993, adopt rules for:
  366         (a) Minimum standards of care for persons under 21 years of
  367  age who reside in nursing home facilities. The rules must
  368  include a methodology for reviewing a nursing home facility
  369  under ss. 408.031-408.045 which serves only persons under 21
  370  years of age. A facility may be exempted exempt from these
  371  standards for specific persons between 18 and 21 years of age,
  372  if the person’s physician agrees that minimum standards of care
  373  based on age are not necessary.
  374         (b) Minimum staffing requirements for persons under 21
  375  years of age who reside in nursing home facilities, which apply
  376  in lieu of the requirements contained in subsection (3).
  377         1. For persons under 21 years of age who require skilled
  378  care:
  379         a. A minimum combined average of 3.9 hours of direct care
  380  per resident per day must be provided by licensed nurses,
  381  respiratory therapists, respiratory care practitioners, and
  382  certified nursing assistants.
  383         b. A minimum licensed nursing staffing of 1.0 hour of
  384  direct care per resident per day must be provided.
  385         c. No more than 1.5 hours of certified nursing assistant
  386  care per resident per day may be counted in determining the
  387  minimum direct care hours required.
  388         d. One registered nurse must be on duty on the site 24
  389  hours per day on the unit where children reside.
  390         2. For persons under 21 years of age who are medically
  391  fragile:
  392         a. A minimum combined average of 5.0 hours of direct care
  393  per resident per day must be provided by licensed nurses,
  394  respiratory therapists, respiratory care practitioners, and
  395  certified nursing assistants.
  396         b. A minimum licensed nursing staffing of 1.7 hours of
  397  direct care per resident per day must be provided.
  398         c. No more than 1.5 hours of certified nursing assistant
  399  care per resident per day may be counted in determining the
  400  minimum direct care hours required.
  401         d. One registered nurse must be on duty on the site 24
  402  hours per day on the unit where children reside.
  403         Section 8. Subsection (1) of section 400.275, Florida
  404  Statutes, is amended to read:
  405         400.275 Agency duties.—
  406         (1) The agency shall ensure that each newly hired nursing
  407  home surveyor, as a part of basic training, is assigned full
  408  time to a licensed nursing home for at least 2 days within a 7
  409  day period to observe facility operations outside of the survey
  410  process before the surveyor begins survey responsibilities. Such
  411  observations may not be the sole basis of a deficiency citation
  412  against the facility. The agency may not assign an individual to
  413  be a member of a survey team for purposes of a survey,
  414  evaluation, or consultation visit at a nursing home facility in
  415  which the surveyor was an employee within the preceding 2 5
  416  years.
  417         Section 9. For the purpose of incorporating the amendment
  418  made by this act to section 400.509, Florida Statutes, in a
  419  reference thereto, paragraph (a) of subsection (6) of section
  420  400.506, Florida Statutes, is reenacted, and subsection (18) is
  421  added to that section, to read:
  422         400.506 Licensure of nurse registries; requirements;
  423  penalties.—
  424         (6)(a) A nurse registry may refer for contract in private
  425  residences registered nurses and licensed practical nurses
  426  registered and licensed under part I of chapter 464, certified
  427  nursing assistants certified under part II of chapter 464, home
  428  health aides who present documented proof of successful
  429  completion of the training required by rule of the agency, and
  430  companions or homemakers for the purposes of providing those
  431  services authorized under s. 400.509(1). A licensed nurse
  432  registry shall ensure that each certified nursing assistant
  433  referred for contract by the nurse registry and each home health
  434  aide referred for contract by the nurse registry is adequately
  435  trained to perform the tasks of a home health aide in the home
  436  setting. Each person referred by a nurse registry must provide
  437  current documentation that he or she is free from communicable
  438  diseases.
  439         (18) An administrator may manage only one nurse registry,
  440  except that an administrator may manage up to five registries if
  441  all five registries have identical controlling interests as
  442  defined in s. 408.803 and are located within one agency
  443  geographic service area or within an immediately contiguous
  444  county. An administrator shall designate, in writing, for each
  445  licensed entity, a qualified alternate administrator to serve
  446  during the administrator’s absence.
  447         Section 10. Subsection (1) of section 400.509, Florida
  448  Statutes, is amended to read:
  449         400.509 Registration of particular service providers exempt
  450  from licensure; certificate of registration; regulation of
  451  registrants.—
  452         (1) Any organization that provides companion services or
  453  homemaker services and does not provide a home health service to
  454  a person is exempt from licensure under this part. However, any
  455  organization that provides companion services or homemaker
  456  services must register with the agency. An organization under
  457  contract with the Agency for Persons with Disabilities which
  458  provides companion services only for persons with a
  459  developmental disability, as defined in s. 393.063, is exempt
  460  from registration.
  461         Section 11. Paragraph (i) of subsection (1) and subsection
  462  (4) of section 400.606, Florida Statutes, are amended to read:
  463         400.606 License; application; renewal; conditional license
  464  or permit; certificate of need.—
  465         (1) In addition to the requirements of part II of chapter
  466  408, the initial application and change of ownership application
  467  must be accompanied by a plan for the delivery of home,
  468  residential, and homelike inpatient hospice services to
  469  terminally ill persons and their families. Such plan must
  470  contain, but need not be limited to:
  471         (i) The projected annual operating cost of the hospice.
  472  
  473  If the applicant is an existing licensed health care provider,
  474  the application must be accompanied by a copy of the most recent
  475  profit-loss statement and, if applicable, the most recent
  476  licensure inspection report.
  477         (4) A freestanding hospice facility that is primarily
  478  engaged in providing inpatient and related services and that is
  479  not otherwise licensed as a health care facility shall be
  480  required to obtain a certificate of need. However, a
  481  freestanding hospice facility that has with six or fewer beds is
  482  shall not be required to comply with institutional standards
  483  such as, but not limited to, standards requiring sprinkler
  484  systems, emergency electrical systems, or special lavatory
  485  devices.
  486         Section 12. Section 400.915, Florida Statutes, is amended
  487  to read:
  488         400.915 Construction and renovation; requirements.—The
  489  requirements for the construction or renovation of a PPEC center
  490  shall comply with:
  491         (1) The provisions of chapter 553, which pertain to
  492  building construction standards, including plumbing, electrical
  493  code, glass, manufactured buildings, accessibility for the
  494  physically disabled;
  495         (2) The provisions of s. 633.022 and applicable rules
  496  pertaining to physical minimum standards for nonresidential
  497  child care physical facilities in rule 10M-12.003, Florida
  498  Administrative Code, Child Care Standards; and
  499         (3) The standards or rules adopted pursuant to this part
  500  and part II of chapter 408.
  501         Section 13. Section 400.931, Florida Statutes, is amended
  502  to read:
  503         400.931 Application for license; fee; provisional license;
  504  temporary permit.—
  505         (1) In addition to the requirements of part II of chapter
  506  408, the applicant must file with the application satisfactory
  507  proof that the home medical equipment provider is in compliance
  508  with this part and applicable rules, including:
  509         (a) A report, by category, of the equipment to be provided,
  510  indicating those offered either directly by the applicant or
  511  through contractual arrangements with existing providers.
  512  Categories of equipment include:
  513         1. Respiratory modalities.
  514         2. Ambulation aids.
  515         3. Mobility aids.
  516         4. Sickroom setup.
  517         5. Disposables.
  518         (b) A report, by category, of the services to be provided,
  519  indicating those offered either directly by the applicant or
  520  through contractual arrangements with existing providers.
  521  Categories of services include:
  522         1. Intake.
  523         2. Equipment selection.
  524         3. Delivery.
  525         4. Setup and installation.
  526         5. Patient training.
  527         6. Ongoing service and maintenance.
  528         7. Retrieval.
  529         (c) A listing of those with whom the applicant contracts,
  530  both the providers the applicant uses to provide equipment or
  531  services to its consumers and the providers for whom the
  532  applicant provides services or equipment.
  533         (2) An applicant for initial licensure, change of
  534  ownership, or license renewal to operate a licensed home medical
  535  equipment provider at a location outside the state must submit
  536  documentation of accreditation or an application for
  537  accreditation from an accrediting organization that is
  538  recognized by the agency. An applicant that has applied for
  539  accreditation must provide proof of accreditation that is not
  540  conditional or provisional within 120 days after the date the
  541  agency receives the application for licensure or the application
  542  shall be withdrawn from further consideration. Such
  543  accreditation must be maintained by the home medical equipment
  544  provider in order to maintain licensure. As an alternative to
  545  submitting proof of financial ability to operate as required in
  546  s. 408.810(8), the applicant may submit a $50,000 surety bond to
  547  the agency.
  548         (3) As specified in part II of chapter 408, the home
  549  medical equipment provider must also obtain and maintain
  550  professional and commercial liability insurance. Proof of
  551  liability insurance, as defined in s. 624.605, must be submitted
  552  with the application. The agency shall set the required amounts
  553  of liability insurance by rule, but the required amount must not
  554  be less than $250,000 per claim. In the case of contracted
  555  services, it is required that the contractor have liability
  556  insurance not less than $250,000 per claim.
  557         (4) When a change of the general manager of a home medical
  558  equipment provider occurs, the licensee must notify the agency
  559  of the change within 45 days.
  560         (5) In accordance with s. 408.805, an applicant or a
  561  licensee shall pay a fee for each license application submitted
  562  under this part, part II of chapter 408, and applicable rules.
  563  The amount of the fee shall be established by rule and may not
  564  exceed $300 per biennium. The agency shall set the fees in an
  565  amount that is sufficient to cover its costs in carrying out its
  566  responsibilities under this part. However, state, county, or
  567  municipal governments applying for licenses under this part are
  568  exempt from the payment of license fees.
  569         (6) An applicant for initial licensure, renewal, or change
  570  of ownership shall also pay an inspection fee not to exceed
  571  $400, which shall be paid by all applicants except those not
  572  subject to licensure inspection by the agency as described in s.
  573  400.933.
  574         Section 14. Paragraph (a) of subsection (2) of section
  575  408.033, Florida Statutes, is amended to read:
  576         408.033 Local and state health planning.—
  577         (2) FUNDING.—
  578         (a) The Legislature intends that the cost of local health
  579  councils be borne by assessments on selected health care
  580  facilities subject to facility licensure by the Agency for
  581  Health Care Administration, including abortion clinics, assisted
  582  living facilities, ambulatory surgical centers, birthing
  583  centers, clinical laboratories except community nonprofit blood
  584  banks and clinical laboratories operated by practitioners for
  585  exclusive use regulated under s. 483.035, home health agencies,
  586  hospices, hospitals, intermediate care facilities for the
  587  developmentally disabled, nursing homes, health care clinics,
  588  and multiphasic testing centers and by assessments on
  589  organizations subject to certification by the agency pursuant to
  590  chapter 641, part III, including health maintenance
  591  organizations and prepaid health clinics. Fees assessed may be
  592  collected prospectively at the time of licensure renewal and
  593  prorated for the licensure period.
  594         Section 15. Subsection (2) of section 408.034, Florida
  595  Statutes, is amended to read:
  596         408.034 Duties and responsibilities of agency; rules.—
  597         (2) In the exercise of its authority to issue licenses to
  598  health care facilities and health service providers, as provided
  599  under chapters 393 and 395 and parts II, and IV, and VIII of
  600  chapter 400, the agency may not issue a license to any health
  601  care facility or health service provider that fails to receive a
  602  certificate of need or an exemption for the licensed facility or
  603  service.
  604         Section 16. Paragraph (n) of subsection (3) of section
  605  408.036, Florida Statutes, is amended to read:
  606         408.036 Projects subject to review; exemptions.—
  607         (3) EXEMPTIONS.—Upon request, the following projects are
  608  subject to exemption from the provisions of subsection (1):
  609         (n) For the provision of percutaneous coronary intervention
  610  for patients presenting with emergency myocardial infarctions in
  611  a hospital without an approved adult open-heart-surgery program.
  612  In addition to any other documentation required by the agency, a
  613  request for an exemption submitted under this paragraph must
  614  comply with the following:
  615         1. The applicant must certify that it will meet and
  616  continuously maintain the requirements adopted by the agency for
  617  the provision of these services. These licensure requirements
  618  shall be adopted by rule pursuant to ss. 120.536(1) and 120.54
  619  and must be consistent with the guidelines published by the
  620  American College of Cardiology and the American Heart
  621  Association for the provision of percutaneous coronary
  622  interventions in hospitals without adult open-heart services. At
  623  a minimum, the rules must shall require the following:
  624         a. Cardiologists must be experienced interventionalists who
  625  have performed a minimum of 75 interventions within the previous
  626  12 months.
  627         b. The hospital must provide a minimum of 36 emergency
  628  interventions annually in order to continue to provide the
  629  service.
  630         c. The hospital must offer sufficient physician, nursing,
  631  and laboratory staff to provide the services 24 hours a day, 7
  632  days a week.
  633         d. Nursing and technical staff must have demonstrated
  634  experience in handling acutely ill patients requiring
  635  intervention based on previous experience in dedicated
  636  interventional laboratories or surgical centers.
  637         e. Cardiac care nursing staff must be adept in hemodynamic
  638  monitoring and Intra-aortic Balloon Pump (IABP) management.
  639         f. Formalized written transfer agreements must be developed
  640  with a hospital with an adult open-heart-surgery program, and
  641  written transport protocols must be in place to ensure safe and
  642  efficient transfer of a patient within 60 minutes. Transfer and
  643  transport agreements must be reviewed and tested, with
  644  appropriate documentation maintained at least every 3 months.
  645  However, a hospital located more than 100 road miles from the
  646  closest Level II adult cardiovascular services program does not
  647  need to meet the 60-minute transfer time protocol if the
  648  hospital demonstrates that it has a formalized, written transfer
  649  agreement with a hospital that has a Level II program. The
  650  agreement must include written transport protocols that ensure
  651  the safe and efficient transfer of a patient, taking into
  652  consideration the patient’s clinical and physical
  653  characteristics, road and weather conditions, and viability of
  654  ground and air ambulance service to transfer the patient.
  655         g. Hospitals implementing the service must first undertake
  656  a training program of 3 to 6 months’ duration, which includes
  657  establishing standards and testing logistics, creating quality
  658  assessment and error management practices, and formalizing
  659  patient-selection criteria.
  660         2. The applicant must certify that it will use at all times
  661  the patient-selection criteria for the performance of primary
  662  angioplasty at hospitals without adult open-heart-surgery
  663  programs issued by the American College of Cardiology and the
  664  American Heart Association. At a minimum, these criteria would
  665  provide for the following:
  666         a. Avoidance of interventions in hemodynamically stable
  667  patients who have identified symptoms or medical histories.
  668         b. Transfer of patients who have a history of coronary
  669  disease and clinical presentation of hemodynamic instability.
  670         3. The applicant must agree to submit a quarterly report to
  671  the agency detailing patient characteristics, treatment, and
  672  outcomes for all patients receiving emergency percutaneous
  673  coronary interventions pursuant to this paragraph. This report
  674  must be submitted within 15 days after the close of each
  675  calendar quarter.
  676         4. The exemption provided by this paragraph does not apply
  677  unless the agency determines that the hospital has taken all
  678  necessary steps to be in compliance with all requirements of
  679  this paragraph, including the training program required under
  680  sub-subparagraph 1.g.
  681         5. Failure of the hospital to continuously comply with the
  682  requirements of sub-subparagraphs 1.c.-f. and subparagraphs 2.
  683  and 3. will result in the immediate expiration of this
  684  exemption.
  685         6. Failure of the hospital to meet the volume requirements
  686  of sub-subparagraphs 1.a. and b. within 18 months after the
  687  program begins offering the service will result in the immediate
  688  expiration of the exemption.
  689  
  690  If the exemption for this service expires under subparagraph 5.
  691  or subparagraph 6., the agency may not grant another exemption
  692  for this service to the same hospital for 2 years and then only
  693  upon a showing that the hospital will remain in compliance with
  694  the requirements of this paragraph through a demonstration of
  695  corrections to the deficiencies that caused expiration of the
  696  exemption. Compliance with the requirements of this paragraph
  697  includes compliance with the rules adopted pursuant to this
  698  paragraph.
  699         Section 17. Paragraph (b) of subsection (3) of section
  700  408.0361, Florida Statutes, is amended to read:
  701         408.0361 Cardiovascular services and burn unit licensure.—
  702         (3) In establishing rules for adult cardiovascular
  703  services, the agency shall include provisions that allow for:
  704         (b) For a hospital seeking a Level I program, demonstration
  705  that, for the most recent 12-month period as reported to the
  706  agency, it has provided a minimum of 300 adult inpatient and
  707  outpatient diagnostic cardiac catheterizations or, for the most
  708  recent 12-month period, has discharged or transferred at least
  709  300 inpatients with the principal diagnosis of ischemic heart
  710  disease and that it has a formalized, written transfer agreement
  711  with a hospital that has a Level II program, including written
  712  transport protocols to ensure safe and efficient transfer of a
  713  patient within 60 minutes. However, a hospital located more than
  714  100 road miles from the closest Level II adult cardiovascular
  715  services program does not need to meet the 60-minute transfer
  716  time protocol if the hospital demonstrates that it has a
  717  formalized, written transfer agreement with a hospital that has
  718  a Level II program. The agreement must include written transport
  719  protocols to ensure the safe and efficient transfer of a
  720  patient, taking into consideration the patient’s clinical and
  721  physical characteristics, road and weather conditions, and
  722  viability of ground and air ambulance service to transfer the
  723  patient.
  724         Section 18. Section 408.10, Florida Statutes, is amended to
  725  read:
  726         408.10 Consumer complaints.—The agency shall:
  727         (1) publish and make available to the public a toll-free
  728  telephone number for the purpose of handling consumer complaints
  729  and shall serve as a liaison between consumer entities and other
  730  private entities and governmental entities for the disposition
  731  of problems identified by consumers of health care.
  732         (2) Be empowered to investigate consumer complaints
  733  relating to problems with health care facilities’ billing
  734  practices and issue reports to be made public in any cases where
  735  the agency determines the health care facility has engaged in
  736  billing practices which are unreasonable and unfair to the
  737  consumer.
  738         Section 19. Subsection (11) of section 408.802, Florida
  739  Statutes, is repealed.
  740         Section 20. Subsection (3) is added to section 408.804,
  741  Florida Statutes, to read:
  742         408.804 License required; display.—
  743         (3) Any person who knowingly alters, defaces, or falsifies
  744  a license certificate issued by the agency, or causes or
  745  procures any person to commit such an offense, commits a
  746  misdemeanor of the second degree, punishable as provided in s.
  747  775.082 or s. 775.083. Any licensee or provider who displays an
  748  altered, defaced, or falsified license certificate is subject to
  749  the penalties set forth in s. 408.815 and an administrative fine
  750  of $1,000 for each day of illegal display.
  751         Section 21. Paragraph (d) of subsection (2) of section
  752  408.806, Florida Statutes, is amended, and paragraph (e) is
  753  added to that subsection, to read:
  754         408.806 License application process.—
  755         (2)
  756         (d) The agency shall notify the licensee by mail or
  757  electronically at least 90 days before the expiration of a
  758  license that a renewal license is necessary to continue
  759  operation. The licensee’s failure to timely file submit a
  760  renewal application and license application fee with the agency
  761  shall result in a $50 per day late fee charged to the licensee
  762  by the agency; however, the aggregate amount of the late fee may
  763  not exceed 50 percent of the licensure fee or $500, whichever is
  764  less. The agency shall provide a courtesy notice to the licensee
  765  by United States mail, electronically, or by any other manner at
  766  its address of record or mailing address, if provided, at least
  767  90 days before the expiration of a license. This courtesy notice
  768  must inform the licensee of the expiration of the license. If
  769  the agency does not provide the courtesy notice or the licensee
  770  does not receive the courtesy notice, the licensee continues to
  771  be legally obligated to timely file the renewal application and
  772  license application fee with the agency and is not excused from
  773  the payment of a late fee. If an application is received after
  774  the required filing date and exhibits a hand-canceled postmark
  775  obtained from a United States post office dated on or before the
  776  required filing date, no fine will be levied.
  777         (e) The applicant must pay the late fee before a late
  778  application is considered complete and failure to pay the late
  779  fee is considered an omission from the application for licensure
  780  pursuant to paragraph (3)(b).
  781         Section 22. Paragraph (b) of subsection (1) of section
  782  408.8065, Florida Statutes, is amended to read:
  783         408.8065 Additional licensure requirements for home health
  784  agencies, home medical equipment providers, and health care
  785  clinics.—
  786         (1) An applicant for initial licensure, or initial
  787  licensure due to a change of ownership, as a home health agency,
  788  home medical equipment provider, or health care clinic shall:
  789         (b) Submit projected pro forma financial statements,
  790  including a balance sheet, income and expense statement, and a
  791  statement of cash flows for the first 2 years of operation which
  792  provide evidence that the applicant has sufficient assets,
  793  credit, and projected revenues to cover liabilities and
  794  expenses.
  795  
  796  All documents required under this subsection must be prepared in
  797  accordance with generally accepted accounting principles and may
  798  be in a compilation form. The financial statements must be
  799  signed by a certified public accountant.
  800         Section 23. Subsection (9) of section 408.810, Florida
  801  Statutes, is amended to read:
  802         408.810 Minimum licensure requirements.—In addition to the
  803  licensure requirements specified in this part, authorizing
  804  statutes, and applicable rules, each applicant and licensee must
  805  comply with the requirements of this section in order to obtain
  806  and maintain a license.
  807         (9) A controlling interest may not withhold from the agency
  808  any evidence of financial instability, including, but not
  809  limited to, checks returned due to insufficient funds,
  810  delinquent accounts, nonpayment of withholding taxes, unpaid
  811  utility expenses, nonpayment for essential services, or adverse
  812  court action concerning the financial viability of the provider
  813  or any other provider licensed under this part that is under the
  814  control of the controlling interest. A controlling interest
  815  shall notify the agency within 10 days after a court action to
  816  initiate bankruptcy, foreclosure, or eviction proceedings
  817  concerning the provider in which the controlling interest is a
  818  petitioner or defendant. Any person who violates this subsection
  819  commits a misdemeanor of the second degree, punishable as
  820  provided in s. 775.082 or s. 775.083. Each day of continuing
  821  violation is a separate offense.
  822         Section 24. Subsection (3) is added to section 408.813,
  823  Florida Statutes, to read:
  824         408.813 Administrative fines; violations.—As a penalty for
  825  any violation of this part, authorizing statutes, or applicable
  826  rules, the agency may impose an administrative fine.
  827         (3) The agency may impose an administrative fine for a
  828  violation that is not designated as a class I, class II, class
  829  III, or class IV violation. Unless otherwise specified by law,
  830  the amount of the fine may not exceed $500 for each violation.
  831  Unclassified violations include:
  832         (a) Violating any term or condition of a license.
  833         (b) Violating any provision of this part, authorizing
  834  statutes, or applicable rules.
  835         (c) Exceeding licensed capacity.
  836         (d) Providing services beyond the scope of the license.
  837         (e) Violating a moratorium imposed pursuant to s. 408.814.
  838         Section 25. Section 429.195, Florida Statutes, is amended
  839  to read:
  840         429.195 Rebates prohibited; penalties.—
  841         (1) An It is unlawful for any assisted living facility
  842  licensed under this part may not to contract or promise to pay
  843  or receive any commission, bonus, kickback, or rebate or engage
  844  in any split-fee arrangement in any form whatsoever with any
  845  person, health care provider, or health care facility as
  846  provided under s. 817.505 physician, surgeon, organization,
  847  agency, or person, either directly or indirectly, for residents
  848  referred to an assisted living facility licensed under this
  849  part. A facility may employ or contract with persons to market
  850  the facility, provided the employee or contract provider clearly
  851  indicates that he or she represents the facility. A person or
  852  agency independent of the facility may provide placement or
  853  referral services for a fee to individuals seeking assistance in
  854  finding a suitable facility; however, any fee paid for placement
  855  or referral services must be paid by the individual looking for
  856  a facility, not by the facility.
  857         (2) This section does not apply to:
  858         (a) An individual employed by the assisted living facility,
  859  or with whom the facility contracts to provide marketing
  860  services for the facility, if the individual clearly indicates
  861  that he or she works with or for the facility.
  862         (b) Payments by an assisted living facility to a referral
  863  service that provides information, consultation, or referrals to
  864  consumers to assist them in finding appropriate care or housing
  865  options for seniors or disabled adults if the referred consumers
  866  are not Medicaid recipients.
  867         (c) A resident of an assisted living facility who refers a
  868  friend, family members, or other individuals with whom the
  869  resident has a personal relationship to the assisted living
  870  facility, in which case the assisted living facility may provide
  871  a monetary reward to the resident for making such referral.
  872         (3)(2) A violation of this section is shall be considered
  873  patient brokering and is punishable as provided in s. 817.505.
  874         Section 26. Subsection (2) of section 429.905, Florida
  875  Statutes, is amended to read:
  876         429.905 Exemptions; monitoring of adult day care center
  877  programs colocated with assisted living facilities or licensed
  878  nursing home facilities.—
  879         (2) A licensed assisted living facility, a licensed
  880  hospital, or a licensed nursing home facility may provide
  881  services during the day which include, but are not limited to,
  882  social, health, therapeutic, recreational, nutritional, and
  883  respite services, to adults who are not residents. Such a
  884  facility need not be licensed as an adult day care center;
  885  however, the agency must monitor the facility during the regular
  886  inspection and at least biennially to ensure adequate space and
  887  sufficient staff. If an assisted living facility, a hospital, or
  888  a nursing home holds itself out to the public as an adult day
  889  care center, it must be licensed as such and meet all standards
  890  prescribed by statute and rule. For the purpose of this
  891  subsection, the term “day” means any portion of a 24-hour day.
  892         Section 27. Present paragraphs (a), (c), and (d) of
  893  subsection (1), paragraph (a) of subsection (2), and paragraph
  894  (e) of subsection (3) of section 456.44, Florida Statutes, are
  895  amended, and a new paragraph (d) is added to subsection (1) of
  896  that section, to read:
  897         456.44 Controlled substance prescribing.—
  898         (1) DEFINITIONS.—
  899         (a) “Addiction medicine specialist” means a board-certified
  900  psychiatrist physiatrist with a subspecialty certification in
  901  addiction medicine or who is eligible for such subspecialty
  902  certification in addiction medicine, an addiction medicine
  903  physician certified or eligible for certification by the
  904  American Society of Addiction Medicine, or an osteopathic
  905  physician who holds a certificate of added qualification in
  906  Addiction Medicine through the American Osteopathic Association.
  907         (c) “Board–certified pain management physician” means a
  908  physician who possesses board certification in pain medicine by
  909  the American Board of Pain Medicine, board certification by the
  910  American Board of Interventional Pain Physicians, or board
  911  certification or subcertification in pain management or pain
  912  medicine by a specialty board recognized by the American
  913  Association of Physician Specialists or the American Board of
  914  Medical Specialties or an osteopathic physician who holds a
  915  certificate in Pain Management by the American Osteopathic
  916  Association.
  917         (d) “Board eligible” means successful completion of an
  918  anesthesia, physical medicine and rehabilitation, rheumatology,
  919  or neurology residency program approved by the Accreditation
  920  Council for Graduate Medical Education or the American
  921  Osteopathic Association for a period of 6 years from successful
  922  completion of such residency program.
  923         (e)(d) “Chronic nonmalignant pain” means pain unrelated to
  924  cancer or rheumatoid arthritis which persists beyond the usual
  925  course of disease or the injury that is the cause of the pain or
  926  more than 90 days after surgery.
  927         (2) REGISTRATION.—Effective January 1, 2012, a physician
  928  licensed under chapter 458, chapter 459, chapter 461, or chapter
  929  466 who prescribes any controlled substance, listed in Schedule
  930  II, Schedule III, or Schedule IV as defined in s. 893.03, for
  931  the treatment of chronic nonmalignant pain, must:
  932         (a) Designate himself or herself as a controlled substance
  933  prescribing practitioner on the physician’s practitioner
  934  profile.
  935         (3) STANDARDS OF PRACTICE.—The standards of practice in
  936  this section do not supersede the level of care, skill, and
  937  treatment recognized in general law related to health care
  938  licensure.
  939         (e) The physician shall refer the patient as necessary for
  940  additional evaluation and treatment in order to achieve
  941  treatment objectives. Special attention shall be given to those
  942  patients who are at risk for misusing their medications and
  943  those whose living arrangements pose a risk for medication
  944  misuse or diversion. The management of pain in patients with a
  945  history of substance abuse or with a comorbid psychiatric
  946  disorder requires extra care, monitoring, and documentation and
  947  requires consultation with or referral to an addiction medicine
  948  specialist or psychiatrist addictionologist or physiatrist.
  949  
  950  This subsection does not apply to a board-eligible or board
  951  certified anesthesiologist, physiatrist, rheumatologist, or
  952  neurologist, or to a board-certified physician who has surgical
  953  privileges at a hospital or ambulatory surgery center and
  954  primarily provides surgical services. This subsection does not
  955  apply to a board-eligible or board-certified medical specialist
  956  who has also completed a fellowship in pain medicine approved by
  957  the Accreditation Council for Graduate Medical Education or the
  958  American Osteopathic Association, or who is board eligible or
  959  board certified in pain medicine by the American Board of Pain
  960  Medicine or a board approved by the American Board of Medical
  961  Specialties or the American Osteopathic Association and performs
  962  interventional pain procedures of the type routinely billed
  963  using surgical codes. This subsection does not apply to a
  964  physician who prescribes medically necessary controlled
  965  substances for a patient during an inpatient stay in a hospital
  966  licensed under chapter 395.
  967         Section 28. Paragraph (a) of subsection (1) of section
  968  458.3265, Florida Statutes, is amended to read:
  969         458.3265 Pain-management clinics.—
  970         (1) REGISTRATION.—
  971         (a)1. As used in this section, the term:
  972         a. “Board eligible” means successful completion of an
  973  anesthesia, physical medicine and rehabilitation, rheumatology,
  974  or neurology residency program approved by the Accreditation
  975  Council for Graduate Medical Education or the American
  976  Osteopathic Association for a period of 6 years from successful
  977  completion of such residency program.
  978         b.a. “Chronic nonmalignant pain” means pain unrelated to
  979  cancer or rheumatoid arthritis which persists beyond the usual
  980  course of disease or the injury that is the cause of the pain or
  981  more than 90 days after surgery.
  982         c.b. “Pain-management clinic” or “clinic” means any
  983  publicly or privately owned facility:
  984         (I) That advertises in any medium for any type of pain
  985  management services; or
  986         (II) Where in any month a majority of patients are
  987  prescribed opioids, benzodiazepines, barbiturates, or
  988  carisoprodol for the treatment of chronic nonmalignant pain.
  989         2. Each pain-management clinic must register with the
  990  department unless:
  991         a. That clinic is licensed as a facility pursuant to
  992  chapter 395;
  993         b. The majority of the physicians who provide services in
  994  the clinic primarily provide surgical services;
  995         c. The clinic is owned by a publicly held corporation whose
  996  shares are traded on a national exchange or on the over-the
  997  counter market and whose total assets at the end of the
  998  corporation’s most recent fiscal quarter exceeded $50 million;
  999         d. The clinic is affiliated with an accredited medical
 1000  school at which training is provided for medical students,
 1001  residents, or fellows;
 1002         e. The clinic does not prescribe controlled substances for
 1003  the treatment of pain;
 1004         f. The clinic is owned by a corporate entity exempt from
 1005  federal taxation under 26 U.S.C. s. 501(c)(3);
 1006         g. The clinic is wholly owned and operated by one or more
 1007  board-eligible or board-certified anesthesiologists,
 1008  physiatrists, rheumatologists, or neurologists; or
 1009         h. The clinic is wholly owned and operated by a physician
 1010  multispecialty practice where one or more board-eligible or
 1011  board-certified medical specialists who have also completed
 1012  fellowships in pain medicine approved by the Accreditation
 1013  Council for Graduate Medical Education, or who are also board
 1014  certified in pain medicine by the American Board of Pain
 1015  Medicine or a board approved by the American Board of Medical
 1016  Specialties, the American Association of Physician Specialists,
 1017  or the American Osteopathic Association and perform
 1018  interventional pain procedures of the type routinely billed
 1019  using surgical codes.
 1020         Section 29. Paragraph (a) of subsection (1) of section
 1021  459.0137, Florida Statutes, is amended to read:
 1022         459.0137 Pain-management clinics.—
 1023         (1) REGISTRATION.—
 1024         (a)1. As used in this section, the term:
 1025         a. “Board eligible” means successful completion of an
 1026  anesthesia, physical medicine and rehabilitation, rheumatology,
 1027  or neurology residency program approved by the Accreditation
 1028  Council for Graduate Medical Education or the American
 1029  Osteopathic Association for a period of 6 years from successful
 1030  completion of such residency program.
 1031         b.a. “Chronic nonmalignant pain” means pain unrelated to
 1032  cancer or rheumatoid arthritis which persists beyond the usual
 1033  course of disease or the injury that is the cause of the pain or
 1034  more than 90 days after surgery.
 1035         c.b. “Pain-management clinic” or “clinic” means any
 1036  publicly or privately owned facility:
 1037         (I) That advertises in any medium for any type of pain
 1038  management services; or
 1039         (II) Where in any month a majority of patients are
 1040  prescribed opioids, benzodiazepines, barbiturates, or
 1041  carisoprodol for the treatment of chronic nonmalignant pain.
 1042         2. Each pain-management clinic must register with the
 1043  department unless:
 1044         a. That clinic is licensed as a facility pursuant to
 1045  chapter 395;
 1046         b. The majority of the physicians who provide services in
 1047  the clinic primarily provide surgical services;
 1048         c. The clinic is owned by a publicly held corporation whose
 1049  shares are traded on a national exchange or on the over-the
 1050  counter market and whose total assets at the end of the
 1051  corporation’s most recent fiscal quarter exceeded $50 million;
 1052         d. The clinic is affiliated with an accredited medical
 1053  school at which training is provided for medical students,
 1054  residents, or fellows;
 1055         e. The clinic does not prescribe controlled substances for
 1056  the treatment of pain;
 1057         f. The clinic is owned by a corporate entity exempt from
 1058  federal taxation under 26 U.S.C. s. 501(c)(3);
 1059         g. The clinic is wholly owned and operated by one or more
 1060  board-eligible or board-certified anesthesiologists,
 1061  physiatrists, rheumatologists, or neurologists; or
 1062         h. The clinic is wholly owned and operated by a physician
 1063  multispecialty practice where one or more board-eligible or
 1064  board-certified medical specialists who have also completed
 1065  fellowships in pain medicine approved by the Accreditation
 1066  Council for Graduate Medical Education or the American
 1067  Osteopathic Association, or who are also board-certified in pain
 1068  medicine by the American Board of Pain Medicine or a board
 1069  approved by the American Board of Medical Specialties, the
 1070  American Association of Physician Specialists, or the American
 1071  Osteopathic Association and perform interventional pain
 1072  procedures of the type routinely billed using surgical codes.
 1073         Section 30. Paragraph (b) of subsection (1) of section
 1074  483.23, Florida Statutes, is amended to read:
 1075         483.23 Offenses; criminal penalties.—
 1076         (1)
 1077         (b) The performance of any act specified in paragraph (a)
 1078  shall be referred by the agency to the local law enforcement
 1079  agency and constitutes a misdemeanor of the second degree,
 1080  punishable as provided in s. 775.082 or s. 775.083.
 1081  Additionally, the agency may issue and deliver a notice to cease
 1082  and desist from such act and may impose by citation an
 1083  administrative penalty not to exceed $5,000 per act. Each day
 1084  that unlicensed activity continues after issuance of a notice to
 1085  cease and desist constitutes a separate act.
 1086         Section 31. Subsection (1) of section 483.245, Florida
 1087  Statutes, is amended, and subsection (3) is added to that
 1088  section, to read:
 1089         483.245 Rebates prohibited; penalties.—
 1090         (1) It is unlawful for any person to pay or receive any
 1091  commission, bonus, kickback, or rebate or engage in any split
 1092  fee arrangement in any form whatsoever with any dialysis
 1093  facility, physician, surgeon, organization, agency, or person,
 1094  either directly or indirectly, for patients referred to a
 1095  clinical laboratory licensed under this part. A clinical
 1096  laboratory is prohibited from, directly or indirectly, providing
 1097  through employees, contractors, an independent staffing company,
 1098  lease agreement, or otherwise, personnel to perform any
 1099  functions or duties in a physician’s office, or any part of a
 1100  physician’s office, for any purpose whatsoever, including for
 1101  the collection or handling of specimens, unless the laboratory
 1102  and the physician’s office are wholly owned and operated by the
 1103  same entity. A clinical laboratory is prohibited from leasing
 1104  space within any part of a physician’s office for any purpose,
 1105  including for the purpose of establishing a collection station.
 1106         (3) The agency shall promptly investigate all complaints of
 1107  noncompliance with subsection (1). The agency shall impose a
 1108  fine of $5,000 for each separate violation of subsection (1). In
 1109  addition, the agency shall deny an application for a license or
 1110  license renewal if the applicant, or any other entity with one
 1111  or more common controlling interests in the applicant,
 1112  demonstrates a pattern of violating subsection (1). A pattern
 1113  may be demonstrated by a showing of at least two such
 1114  violations.
 1115         Section 32. Subsection (8) of section 651.118, Florida
 1116  Statutes, is amended to read:
 1117         651.118 Agency for Health Care Administration; certificates
 1118  of need; sheltered beds; community beds.—
 1119         (8) A provider may petition the Agency for Health Care
 1120  Administration to use a designated number of sheltered nursing
 1121  home beds to provide assisted living extended congregate care as
 1122  defined in s. 429.02 if the beds are in a distinct area of the
 1123  nursing home which can be adapted to meet the requirements for
 1124  an assisted living facility as defined in s. 429.02 extended
 1125  congregate care. The provider may subsequently use such beds as
 1126  sheltered beds after notifying the agency of the intended
 1127  change. Any sheltered beds used to provide assisted living
 1128  extended congregate care pursuant to this subsection may not
 1129  qualify for funding under the Medicaid waiver. Any sheltered
 1130  beds used to provide assisted living extended congregate care
 1131  pursuant to this subsection may share common areas, services,
 1132  and staff with beds designated for nursing home care, provided
 1133  that all of the beds are under common ownership. For the
 1134  purposes of this subsection, fire and life safety codes
 1135  applicable to nursing home facilities shall apply.
 1136         Section 33. Paragraph (j) is added to subsection (3) of
 1137  section 817.505, Florida Statutes, to read:
 1138         817.505 Patient brokering prohibited; exceptions;
 1139  penalties.—
 1140         (3) This section shall not apply to:
 1141         (j) Any activity permitted under s. 429.195(2).
 1142         Section 34. This act shall take effect July 1, 2012.
 1143  
 1144  ================= T I T L E  A M E N D M E N T ================
 1145         And the title is amended as follows:
 1146         Delete everything before the enacting clause
 1147  and insert:
 1148                        A bill to be entitled                      
 1149         An act relating to health care facilities; amending s.
 1150         400.021, F.S.; revising definitions of the terms
 1151         “geriatric outpatient clinic” and “resident care plan”
 1152         and defining the term “therapeutic spa services”;
 1153         amending s. 400.1183, F.S.; revising requirements
 1154         relating to nursing home facility grievance reports;
 1155         amending s. 400.141, F.S.; revising provisions
 1156         relating to other needed services provided by licensed
 1157         nursing home facilities, including respite care, adult
 1158         day, and therapeutic spa services; revising provisions
 1159         relating to facilities eligible to share programming
 1160         and staff; deleting requirements for the submission of
 1161         certain reports to the Agency for Health Care
 1162         Administration; amending s. 400.142, F.S.; deleting
 1163         the agency’s authority to adopt rules relating to
 1164         orders not to resuscitate; amending s. 400.147, F.S.;
 1165         revising provisions relating to adverse incident
 1166         reports; deleting certain reporting requirements;
 1167         creating s. 400.172, F.S.; providing requirements for
 1168         a nursing home facility operated by a licensee that
 1169         provides respite care services; providing for rights
 1170         of persons receiving respite care in nursing home
 1171         facilities; requiring a prospective respite care
 1172         recipient to provide certain information to the
 1173         nursing home facility; 400.23, F.S.; specifying the
 1174         content of rules relating to nursing home facility
 1175         staffing requirements for residents under 21 years of
 1176         age; amending s. 400.275, F.S.; revising agency duties
 1177         with regard to training nursing home surveyor teams;
 1178         revising requirements for team members; reenacting s.
 1179         400.506(6)(a), F.S., relating to licensure of nurse
 1180         registries, respectively, to incorporate the amendment
 1181         made to s. 400.509, F.S., in references thereto;
 1182         authorizing an administrator to manage up to five
 1183         nurse registries under certain circumstances;
 1184         requiring an administrator to designate, in writing,
 1185         for each licensed entity, a qualified alternate
 1186         administrator to serve during the administrator’s
 1187         absence; amending s. 400.509, F.S.; providing that
 1188         organizations that provide companion or homemaker
 1189         services only to persons with developmental
 1190         disabilities, under contract with the Agency for
 1191         Persons with Disabilities, are exempt from
 1192         registration with the Agency for Health Care
 1193         Administration; amending s. 400.606, F.S.; revising
 1194         the content requirements of the plan accompanying an
 1195         initial or change-of-ownership application for
 1196         licensure of a hospice; revising requirements relating
 1197         to certificates of need for certain hospice
 1198         facilities; amending s. 400.915, F.S.; correcting an
 1199         obsolete cross-reference to administrative rules;
 1200         amending s. 400.931, F.S.; requiring each applicant
 1201         for initial licensure, change of ownership, or license
 1202         renewal to operate a licensed home medical equipment
 1203         provider at a location outside the state to submit
 1204         documentation of accreditation, or an application for
 1205         accreditation, from an accrediting organization that
 1206         is recognized by the Agency for Health Care
 1207         Administration; requiring an applicant that has
 1208         applied for accreditation to provide proof of
 1209         accreditation within a specified time; deleting a
 1210         requirement that an applicant for a home medical
 1211         equipment provider license submit a surety bond to the
 1212         agency; amending s. 408.033, F.S.; providing that fees
 1213         assessed on selected health care facilities and
 1214         organizations may be collected prospectively at the
 1215         time of licensure renewal and prorated for the
 1216         licensing period; amending s. 408.034, F.S.; revising
 1217         agency authority relating to licensing of intermediate
 1218         care facilities for the developmentally disabled;
 1219         amending s. 408.036, F.S.; providing an exception from
 1220         certain requirement for exemption from certificate-of
 1221         need review for hospitals providing percutaneous
 1222         coronary intervention for certain patients; amending
 1223         s. 408.0361, F.S.; revising the criteria for
 1224         qualifying for an exemption from certificate-of-need
 1225         review for hospitals providing cardiovascular
 1226         services; amending s. 408.10, F.S.; removing agency
 1227         authority to investigate certain consumer complaints;
 1228         repealing s. 408.802(11), F.S., removing applicability
 1229         of part II of ch. 408, F.S., relating to general
 1230         licensure requirements, to private review agents;
 1231         amending s. 408.804, F.S.; providing penalties for
 1232         altering, defacing, or falsifying a license
 1233         certificate issued by the agency or displaying such an
 1234         altered, defaced, or falsified certificate; amending
 1235         s. 408.806, F.S.; revising agency responsibilities for
 1236         notification of licensees of impending expiration of a
 1237         license; requiring payment of a late fee for a license
 1238         application to be considered complete under certain
 1239         circumstances; amending s. 408.8065, F.S.; revising
 1240         the requirements for becoming licensed as a home
 1241         health agency, home medical equipment provider, or
 1242         health care clinic; amending s. 408.810, F.S.;
 1243         requiring that the controlling interest of a health
 1244         care licensee notify the agency of certain court
 1245         proceedings; providing a penalty; amending s. 408.813,
 1246         F.S.; authorizing the agency to impose fines for
 1247         unclassified violations of part II of ch. 408, F.S.;
 1248         amending s. 429.195, F.S.; revising provisions
 1249         prohibiting certain rebates relating to assisted
 1250         living facilities; amending s. 429.905, F.S.; defining
 1251         the term “day” for purposes of day care services
 1252         provided to adults who are not residents; amending s.
 1253         456.44, F.S.; revising the definition of the term
 1254         “addiction medicine specialist” to include board
 1255         certified psychiatrists; defining the term “board
 1256         eligible”; excluding a board-certified physiatrist as
 1257         an addiction medicine specialist; including the
 1258         American Board of Medical Specialties as a recognized
 1259         certification entity; revising the definition of the
 1260         term “chronic nonmalignant pain” to exclude reference
 1261         to rheumatoid arthritis; exempting specified board
 1262         eligible health care providers from application of
 1263         certain provisions; adding the American Board of Pain
 1264         Medicine as a recognized board-certification entity
 1265         for purposes of exemption from application of certain
 1266         provisions; amending s. 458.3265, F.S.; defining the
 1267         term “board eligible”; revising the definition of the
 1268         term “chronic nonmalignant pain” to exclude reference
 1269         to rheumatoid arthritis; permitting specified board
 1270         eligible physicians to own a pain-management clinic
 1271         without registering the clinic; permitting a
 1272         rheumatologist to own a pain-management clinic without
 1273         registering the clinic; including a physician
 1274         multispecialty practice to permitted ownership forms
 1275         of pain-management clinics; requiring at least one
 1276         specialist in multispecialty practice to be board
 1277         eligible; recognizing the American Board of Pain
 1278         Medicine, the American Association of Physician
 1279         Specialists, and the American Osteopathic Association
 1280         as board-certification organizations for purposes of
 1281         determining a board-certified pain medicine specialist
 1282         as an owner of a pain-management clinic; amending s.
 1283         459.0137, F.S.; defining the term “board eligible”;
 1284         revising the definition of the term “chronic
 1285         nonmalignant pain” to exclude reference to rheumatoid
 1286         arthritis; permitting a board-eligible rheumatologist
 1287         to own a pain-management clinic; including a physician
 1288         multispecialty practice to permitted ownership forms
 1289         of pain-management clinics; permitting specified
 1290         board-eligible physicians to own a pain-management
 1291         clinic without registering the clinic; permitting a
 1292         rheumatologist to own a pain-management clinic without
 1293         registering the clinic; adding multispecialty practice
 1294         to permitted ownership forms of pain-management
 1295         clinics; requiring at least one specialist in
 1296         multispecialty practice to be board eligible;
 1297         recognizing the American Board of Pain Medicine and
 1298         the American Association of Physician Specialists as
 1299         board-certification organizations for purposes of
 1300         determining a board-certified pain medicine specialist
 1301         as owner of a pain-management clinic; amending s.
 1302         483.23, F.S.; requiring the agency to refer criminal
 1303         acts regarding the operation of a clinical laboratory
 1304         to a local law enforcement agency; authorizing the
 1305         agency to issue and deliver notice to cease and desist
 1306         and impose an administrative penalty for each act;
 1307         amending s. 483.245, F.S.; providing that a clinical
 1308         laboratory is prohibited from providing personnel to
 1309         perform functions or duties in a physician’s office
 1310         unless the laboratory and the physician’s office are
 1311         owned and operated by the same entity; prohibiting a
 1312         clinical laboratory from leasing space in a
 1313         physician’s office; requiring the agency to
 1314         investigate complaints, impose fines, and deny an
 1315         application for a license or license renewal under
 1316         certain circumstances; amending s. 651.118, F.S.;
 1317         providing a funding limitation on sheltered nursing
 1318         home beds used to provide assisted living, rather than
 1319         extended congregate care services; authorizing certain
 1320         sharing of areas, services, and staff between such
 1321         sheltered beds and nursing home beds in those
 1322         facilities; amending s. 817.505, F.S.; conforming
 1323         provisions to changes made by the act; providing an
 1324         effective date.