CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0208c1
Florida Senate - 1998 CS for SB 208
By the Committee on Health Care and Senators Brown-Waite,
Latvala, Bronson, McKay and Grant
317-677B-98
1 A bill to be entitled
2 An act relating to nursing home facilities;
3 amending s. 400.121, F.S.; providing for an
4 expedited administrative hearing upon the
5 request of a licensee following an action by
6 the Agency for Health Care Administration to
7 suspend, deny, or revoke a facility's license;
8 creating s. 400.215, F.S.; requiring certain
9 nursing home facilities to investigate the
10 background of their employees and of certain
11 applicants for employment; providing for
12 rescreening; specifying the period for which
13 screenings are to remain valid, subject to
14 certain conditions; authorizing nursing home
15 facility administrators to acknowledge the
16 receipt of background screening reports;
17 requiring employees and applicants to pay the
18 costs associated with background screening
19 investigations; requiring the Department of
20 Health and the Agency for Health Care
21 Administration to determine certain exemptions
22 from disqualification from employment;
23 authorizing rulemaking; providing for
24 applicability; providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (5) is added to section 400.121,
29 Florida Statutes, to read:
30 400.121 Denial, suspension, revocation of license;
31 moratorium on admissions; administrative fines; procedure.--
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Florida Senate - 1998 CS for SB 208
317-677B-98
1 (5) An action taken by the agency to suspend, deny, or
2 revoke a facility's license under this part, in which the
3 agency claims that the facility owner or an employee of the
4 facility has threatened the health, safety, or welfare of a
5 resident of the facility, shall be heard by the Division of
6 Administrative Hearings of the Department of Management
7 Services within 120 days after receipt of the facility's
8 request for a hearing, unless the time limitation is waived by
9 both parties. The administrative law judge must render a
10 decision within 30 days after the hearing. This subsection
11 does not modify the requirement that an administrative hearing
12 be held within 90 days after a license is suspended under
13 paragraph (4)(b).
14 Section 2. Section 400.215, Florida Statutes, is
15 created to read:
16 400.215 Employee screening required.--
17 (1) As a condition of licensure, each facility
18 licensed under this part is responsible for Level 1 background
19 screening, in accordance with chapter 435, of each employee
20 and each applicant who is under final consideration for
21 employment.
22 (a) If a screened employee discontinues working for
23 the facility for more than 12 months, the employee must
24 undergo another Level 1 background screening in accordance
25 with chapter 435, before starting employment with the facility
26 again.
27 (b) Notwithstanding any other provision of law to the
28 contrary, an applicant subject to this section who has been
29 screened and was not disqualified from employment and who has
30 not been unemployed for more than 6 months since completion of
31 the screening or who does not immediately accept employment
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Florida Senate - 1998 CS for SB 208
317-677B-98
1 from the facility that caused the screening to be performed,
2 need not be rescreened during the 12 months following
3 completion of the screening.
4 (2)(a) Before an applicant may be employed to work
5 directly with residents of the facility, the facility
6 administrator must obtain written findings evidencing
7 completion of Level 1 screening, as provided in chapter 435.
8 (b) An employee or applicant who is subject to this
9 section and who is determined to have met Level 1 background
10 screening standards but who has not maintained continuous
11 residence within the state for the 5 years immediately
12 preceding the completion date of the Level 1 background
13 screening, may work in a conditional status pending the
14 receipt of written findings evidencing the completion of Level
15 2 screening, as provided in chapter 435.
16 (3) For purposes of this section, notwithstanding the
17 provisions of s. 435.09 to the contrary, a nursing home
18 facility administrator licensed under s. 468.1645 may
19 acknowledge receipt of a qualifying or a disqualifying
20 screening report to another nursing home administrator
21 licensed under s. 468.1645 and must provide the date of the
22 screening report.
23 (4) Each employee and applicant who is subject to this
24 section is responsible for paying all fees associated with
25 background screening under chapter 435. The employee or
26 applicant shall submit payment for screening investigations
27 directly to the Florida Department of Law Enforcement and the
28 Department of Children and Family Services. Once employed by a
29 facility licensed under this part, an employee may be
30 reimbursed by the facility for the costs of background
31 screening.
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Florida Senate - 1998 CS for SB 208
317-677B-98
1 (5)(a) The Department of Health shall decide whether
2 to grant an exemption from disqualification, as provided in s.
3 435.07, to an employee or applicant who is subject to this
4 section and who has received a professional license or
5 certification from the department.
6 (b) The agency shall decide whether to grant an
7 exemption from disqualification, as provided in s. 435.07, to
8 an employee or applicant who is subject to this section and
9 who has not received a professional license or certification
10 from the Department of Health.
11 (6) The agency and the Department of Health shall
12 adopt rules to implement this section.
13 Section 3. An employee who is subject to this act and
14 who is employed by a facility licensed under part II of
15 chapter 400, Florida Statutes, on the effective date of this
16 act must comply with this act by October 1, 1998. An applicant
17 who is subject to this act and who applies for employment
18 after July 1, 1998, must comply with this act.
19 Section 4. This act shall take effect July 1, 1998.
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Florida Senate - 1998 CS for SB 208
317-677B-98
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 208
3
4 Requires a Division of Administrative Hearings law judge to
schedule a hearing within 120 days, unless both parties waive
5 that time period, for consideration of an action against a
nursing home facility's license by the Agency for Health Care
6 Administration, except when the licensure action relates to
suspension of a facility's license for which such a hearing
7 must be held within 90 days.
8 Changes the reference to persons who must be screened from
"persons who have regular, unsupervised contact" to "employee
9 and applicant under final consideration for employment."
10 Makes nursing home facilities, as a condition of licensure,
responsible for background screening of employees and
11 applicants under final consideration for employment.
12 Requires a screened employee who discontinues working for a
facility for more than 12 months to be re-screened prior to
13 being reemployed by that facility.
14 Provides that an applicant who is screened and not
disqualified from employment and who has not been unemployed
15 for more than 6 months since completion of the screening or
who does not immediately accept employment from the facility
16 need not be re-screened during the 12-month period following
completion of the screening.
17
Allows an employee or applicant under final consideration for
18 employment with a nursing home facility who is required to
undergo Level 2 (federal) background screening to work in the
19 facility in a conditional status until such screening report
is received.
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Authorizes licensed nursing home administrators to acknowledge
21 to other licensed nursing home administrators receipt of a
qualifying or disqualifying background screening report and
22 requires disclosure of the report date. Disclosure of report
contents is prohibited.
23
Requires the Department of Health and the Agency for Health
24 Care Administration to conduct exemption hearings for nursing
home facility employees or applicants under final
25 consideration for employment in a nursing home facility whose
screening results disqualify them from employment in a nursing
26 home facility.
27 Requires the Agency for Health Care Administration and the
Department of Health to adopt rules to implement the
28 provisions of the bill.
29 Requires nursing home facility employees affected by the bill
to comply with its provisions by October 1, 1998, and subjects
30 applicants who apply on or after July 1, 1998, to comply with
the provisions of the bill.
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