Florida Senate - 2021 SB 1830
By Senator Jones
35-01908A-21 20211830__
1 A bill to be entitled
2 An act relating to assisted living facilities;
3 amending s. 409.982, F.S.; using funds appropriated by
4 the Legislature, requiring long-term care managed care
5 plans to pay assisted living facilities certain rates
6 and to calculate and make special payments for certain
7 residents; requiring plans to pay assisted living
8 facilities for claims within a specified timeframe;
9 amending s. 429.02, F.S.; defining the term
10 “medication technician”; amending s. 429.52, F.S.;
11 providing minimum requirements and specifications for
12 training of medication technicians; requiring the
13 agency to authorize online materials and courses to be
14 used for such training; providing for examination and
15 certification of medication technicians after they
16 complete an online training course; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (5) of section 409.982, Florida
22 Statutes, is amended to read:
23 409.982 Long-term care managed care plan accountability.—In
24 addition to the requirements of s. 409.967, plans and providers
25 participating in the long-term care managed care program must
26 comply with the requirements of this section.
27 (5) PROVIDER PAYMENT.—Managed care plans and providers
28 shall negotiate mutually acceptable rates, methods, and terms of
29 payment. Plans shall pay nursing homes an amount equal to the
30 nursing facility-specific payment rates set by the agency;
31 however, mutually acceptable higher rates may be negotiated for
32 medically complex care. Plans shall pay hospice providers
33 through a prospective system for each enrollee an amount equal
34 to the per diem rate set by the agency. For recipients residing
35 in a nursing facility and receiving hospice services, the plan
36 shall pay the hospice provider the per diem rate set by the
37 agency minus the nursing facility component and shall pay the
38 nursing facility the applicable state rate. Using funds
39 appropriated by the Legislature, plans shall pay assisted living
40 facilities a rate that reflects the medical acuity and
41 complexity of each resident which must be based on a three
42 tiered reimbursement payment system for care. Plans shall ensure
43 that they calculate and make special payments for residents who
44 are diagnosed with serious mental illness and for those who
45 require complex care due to dementia or require more supervision
46 for their own safety. Plans also shall must ensure that
47 electronic nursing home, and hospice, and assisted living
48 facility claims that contain sufficient information for
49 processing are paid within 10 business days after receipt.
50 Section 2. Present subsections (16) through (28) of section
51 429.02, Florida Statutes, are redesignated as subsections (17)
52 through (29), respectively, a new subsection (16) is added to
53 that section, and subsection (12) of that section is amended, to
54 read:
55 429.02 Definitions.—When used in this part, the term:
56 (12) “Extended congregate care” means acts beyond those
57 authorized in subsection (19) (18) which may be performed
58 pursuant to part I of chapter 464 by persons licensed thereunder
59 while carrying out their professional duties, and other
60 supportive services that may be specified by rule. The purpose
61 of such services is to enable residents to age in place in a
62 residential environment despite mental or physical limitations
63 that might otherwise disqualify them from residency in a
64 facility licensed under this part.
65 (16) “Medication technician” means an unlicensed staff
66 member who has completed 6 hours of training approved by the
67 agency and provided by an agency-certified trainer. A medication
68 technician may provide assistance with a resident’s self
69 administration of medications and with his or her use of point
70 of-care devices.
71 Section 3. Subsection (6) of section 429.52, Florida
72 Statutes, is amended to read:
73 429.52 Staff training and educational requirements.—
74 (6) Medication technicians shall Staff assisting with the
75 self-administration of medications under s. 429.256 must
76 complete a minimum of 6 additional hours of training provided by
77 a registered nurse or a licensed pharmacist before providing
78 assistance. Two hours of continuing education are required
79 annually thereafter. The agency shall establish by rule the
80 minimum requirements of medication technician this training,
81 which must address infection control, safe handling and use of
82 assistive care devices, communicating with case managers and
83 health care providers, standard of care protocols for the
84 provision of care in licensed assisted living facilities,
85 identification of nursing standards, and methods of assisting
86 residents with the self-administration of medications. The
87 agency shall authorize approved training for medication
88 technicians to be conducted using online materials and courses
89 approved by the agency. An online training course must conclude
90 with the trainee taking an end-of-course exam. The course must
91 provide a certificate with a passing exam score on the document
92 and provide a unique certification number for each trainee.
93 Section 4. This act shall take effect July 1, 2021.