CODING: Words stricken are deletions; words underlined are additions.An Amendment to Senate s0314 1998 H Senator Forman moved the following amendment: On page 80, between lines 23 and 24, On page 4, line 17, SENATE AMENDMENT Bill No. SB 314 Amendment No. CHAMBER ACTION Senate House . . 1 . . 2 . . 3 . . 4 5 6 7 8 9 10 11 Senator Forman moved the following amendment: 12 13 Senate Amendment (with title amendment) 14 On page 80, between lines 23 and 24, 15 16 insert: 17 Section 43. Subsection (12) of section 112.0455, 18 Florida Statutes, is amended to read: 19 112.0455 Drug-Free Workplace Act.-- 20 (12) DRUG-TESTING STANDARDS; LABORATORIES.-- 21 (a) A laboratory may analyze initial or confirmation 22 drug specimens only if: 23 1. The laboratory is licensed and approved by the 24 Agency for Health Care Administration using criteria 25 established by the United States Department of Health and 26 Human Services as general guidelines for modeling the state 27 drug testing program. Each applicant for licensure must comply 28 with the following requirements: 29 a. Upon receipt of a completed, signed, and dated 30 application, the agency shall require background screening, in 31 accordance with the level 2 standards for screening set forth 1 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 in chapter 435, of the managing employee, or other similarly 2 titled individual responsible for the daily operation of the 3 laboratory, and of the financial officer, or other similarly 4 titled individual who is responsible for the financial 5 operation of the laboratory, including billings for services. 6 The applicant must comply with the procedures for level 2 7 background screening as set forth in chapter 435. 8 b. The agency may require background screening of any 9 other individual who is an applicant if the agency has a 10 reasonable basis for believing that he or she has been 11 convicted of an offense prohibited under the level 2 standards 12 for screening set forth in chapter 435. 13 c. Proof of compliance with the level 2 background 14 screening requirements of chapter 435 which has been submitted 15 within the previous 5 years in compliance with any other 16 health care licensure requirements of this state is acceptable 17 in fulfillment of screening requirements. 18 d. A provisional license may be granted to an 19 applicant when each individual required by this section to 20 undergo background screening has met the standards for the 21 abuse registry background check and the Department of Law 22 Enforcement background check, but the agency has not yet 23 received background screening results from the Federal Bureau 24 of Investigation, or a request for a disqualification 25 exemption has been submitted to the agency as set forth in 26 chapter 435 but a response has not yet been issued. A license 27 may be granted to the applicant upon the agency's receipt of a 28 report of the results of the Federal Bureau of Investigation 29 background screening for each individual required by this 30 section to undergo background screening which confirms that 31 all standards have been met, or upon the granting of a 2 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 disqualification exemption by the agency as set forth in 2 chapter 435. Any other person who is required to undergo level 3 2 background screening may serve in his or her capacity 4 pending the agency's receipt of the report from the Federal 5 Bureau of Investigation. However, the person may not continue 6 to serve if the report indicates any violation of background 7 screening standards and a disqualification exemption has not 8 been requested of and granted by the agency as set forth in 9 chapter 435. 10 e. Each applicant must submit to the agency, with its 11 application, a description and explanation of any exclusions, 12 permanent suspensions, or terminations of the applicant from 13 the Medicare or Medicaid programs. Proof of compliance with 14 the requirements for disclosure of ownership and control 15 interests under the Medicaid or Medicare programs shall be 16 accepted in lieu of this submission. 17 f. Each applicant must submit to the agency a 18 description and explanation of any conviction of an offense 19 prohibited under the level 2 standards of chapter 435 by a 20 member of the board of directors of the applicant, its 21 officers, or any individual owning 5 percent or more of the 22 applicant. This requirement does not apply to a director of a 23 not-for-profit corporation or organization if the director 24 serves solely in a voluntary capacity for the corporation or 25 organization, does not regularly take part in the day-to-day 26 operational decisions of the corporation or organization, 27 receives no remuneration for his or her services on the 28 corporation or organization's board of directors, and has no 29 financial interest and has no family members with a financial 30 interest in the corporation or organization, provided that the 31 director and the not-for-profit corporation or organization 3 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 include in the application a statement affirming that the 2 director's relationship to the corporation satisfies the 3 requirements of this sub-subparagraph. 4 g. A license may not be granted to any applicant if 5 the applicant or managing employee has been found guilty of, 6 regardless of adjudication, or has entered a plea of nolo 7 contendere or guilty to, any offense prohibited under the 8 level 2 standards for screening set forth in chapter 435, 9 unless an exemption from disqualification has been granted by 10 the agency as set forth in chapter 435. 11 h. The agency may deny or revoke licensure if the 12 applicant: 13 (I) Has falsely represented a material fact in the 14 application required by sub-subparagraph e. or 15 sub-subparagraph f., or has omitted any material fact from the 16 application required by sub-subparagraph e. or 17 sub-subparagraph f.; or 18 (II) Has had prior action taken against the applicant 19 under the Medicaid or Medicare program as set forth in 20 sub-subparagraph e. 21 i. An application for license renewal must contain the 22 information required under sub-subparagraphs e. and f. 23 2. The laboratory has written procedures to ensure 24 chain of custody. 25 3. The laboratory follows proper quality control 26 procedures, including, but not limited to: 27 a. The use of internal quality controls including the 28 use of samples of known concentrations which are used to check 29 the performance and calibration of testing equipment, and 30 periodic use of blind samples for overall accuracy. 31 b. An internal review and certification process for 4 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 drug test results, conducted by a person qualified to perform 2 that function in the testing laboratory. 3 c. Security measures implemented by the testing 4 laboratory to preclude adulteration of specimens and drug test 5 results. 6 d. Other necessary and proper actions taken to ensure 7 reliable and accurate drug test results. 8 (b) A laboratory shall disclose to the employer a 9 written test result report within 7 working days after receipt 10 of the sample. All laboratory reports of a drug test result 11 shall, at a minimum, state: 12 1. The name and address of the laboratory which 13 performed the test and the positive identification of the 14 person tested. 15 2. Positive results on confirmation tests only, or 16 negative results, as applicable. 17 3. A list of the drugs for which the drug analyses 18 were conducted. 19 4. The type of tests conducted for both initial and 20 confirmation tests and the minimum cutoff levels of the tests. 21 5. Any correlation between medication reported by the 22 employee or job applicant pursuant to subparagraph (8)(b)2. 23 and a positive confirmed drug test result. 24 25 No report shall disclose the presence or absence of any drug 26 other than a specific drug and its metabolites listed pursuant 27 to this section. 28 (c) The laboratory shall submit to the Agency for 29 Health Care Administration a monthly report with statistical 30 information regarding the testing of employees and job 31 applicants. The reports shall include information on the 5 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 methods of analyses conducted, the drugs tested for, the 2 number of positive and negative results for both initial and 3 confirmation tests, and any other information deemed 4 appropriate by the Agency for Health Care Administration. No 5 monthly report shall identify specific employees or job 6 applicants. 7 (d) Laboratories shall provide technical assistance to 8 the employer, employee, or job applicant for the purpose of 9 interpreting any positive confirmed test results which could 10 have been caused by prescription or nonprescription medication 11 taken by the employee or job applicant. 12 Section 44. Section 381.60225, Florida Statutes, is 13 created to read: 14 381.60225 Background screening.-- 15 (1) Each applicant for certification must comply with 16 the following requirements: 17 (a) Upon receipt of a completed, signed, and dated 18 application, the Agency for Health Care Administration shall 19 require background screening, in accordance with the level 2 20 standards for screening set forth in chapter 435, of the 21 managing employee, or other similarly titled individual 22 responsible for the daily operation of the organization, 23 agency, or entity, and financial officer, or other similarly 24 titled individual who is responsible for the financial 25 operation of the organization, agency, or entity, including 26 billings for services. The applicant must comply with the 27 procedures for level 2 background screening as set forth in 28 chapter 435. 29 (b) The Agency for Health Care Administration may 30 require background screening of any other individual who is an 31 applicant if the Agency for Health Care Administration has a 6 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 reasonable basis for believing that he or she has been 2 convicted of a crime or has committed any other offense 3 prohibited under the level 2 standards for screening set forth 4 in chapter 435. 5 (c) Proof of compliance with the level 2 background 6 screening requirements of chapter 435 which has been submitted 7 within the previous 5 years in compliance with any other 8 health care licensure requirements of this state is acceptable 9 in fulfillment of the requirements of paragraph (a). 10 (d) A provisional certification may be granted to the 11 organization, agency, or entity when each individual required 12 by this section to undergo background screening has met the 13 standards for the abuse registry background check and the 14 Department of Law Enforcement background check, but the agency 15 has not yet received background screening results from the 16 Federal Bureau of Investigation, or a request for a 17 disqualification exemption has been submitted to the agency as 18 set forth in chapter 435 but a response has not yet been 19 issued. A standard certification may be granted to the 20 organization, agency, or entity upon the agency's receipt of a 21 report of the results of the Federal Bureau of Investigation 22 background screening for each individual required by this 23 section to undergo background screening which confirms that 24 all standards have been met, or upon the granting of a 25 disqualification exemption by the agency as set forth in 26 chapter 435. Any other person who is required to undergo level 27 2 background screening may serve in his or her capacity 28 pending the agency's receipt of the report from the Federal 29 Bureau of Investigation. However, the person may not continue 30 to serve if the report indicates any violation of background 31 screening standards and a disqualification exemption has not 7 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 been requested of and granted by the agency as set forth in 2 chapter 435. 3 (e) Each applicant must submit to the agency, with its 4 application, a description and explanation of any exclusions, 5 permanent suspensions, or terminations of the applicant from 6 the Medicare or Medicaid programs. Proof of compliance with 7 the requirements for disclosure of ownership and control 8 interests under the Medicaid or Medicare programs shall be 9 accepted in lieu of this submission. 10 (f) Each applicant must submit to the agency a 11 description and explanation of any conviction of an offense 12 prohibited under the level 2 standards of chapter 435 by a 13 member of the board of directors of the applicant, its 14 officers, or any individual owning 5 percent or more of the 15 applicant. This requirement does not apply to a director of a 16 not-for-profit corporation or organization if the director 17 serves solely in a voluntary capacity for the corporation or 18 organization, does not regularly take part in the day-to-day 19 operational decisions of the corporation or organization, 20 receives no remuneration for his or her services on the 21 corporation or organization's board of directors, and has no 22 financial interest and has no family members with a financial 23 interest in the corporation or organization, provided that the 24 director and the not-for-profit corporation or organization 25 include in the application a statement affirming that the 26 director's relationship to the corporation satisfies the 27 requirements of this paragraph. 28 (g) The agency may not certify any organization, 29 agency, or entity if any applicant or managing employee has 30 been found guilty of, regardless of adjudication, or has 31 entered a plea of nolo contendere or guilty to, any offense 8 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 prohibited under the level 2 standards for screening set forth 2 in chapter 435, unless an exemption from disqualification has 3 been granted by the agency as set forth in chapter 435. 4 (h) The agency may deny or revoke certification of any 5 organization, agency, or entity if the applicant: 6 1. Has falsely represented a material fact in the 7 application required by paragraph (e) or paragraph (f), or has 8 omitted any material fact from the application required by 9 paragraph (e) or paragraph (f); or 10 2. Has had prior action taken against the applicant 11 under the Medicaid or Medicare program as set forth in 12 paragraph (e). 13 (i) An application for renewal of certification must 14 contain the information required under paragraphs (e) and (f). 15 (2) An organ procurement organization, tissue bank, or 16 eye bank certified by the Agency for Health Care 17 Administration in accordance with ss. 381.6021 and 381.6022 is 18 not subject to the requirements of this section if the entity 19 has no direct patient-care responsibilities and does not bill 20 patients or insurers directly for services under the Medicare 21 or Medicaid programs, or for privately insured services. 22 Section 45. Section 383.302, Florida Statutes, is 23 amended to read: 24 383.302 Definitions of terms used in ss. 25 383.30-383.335.--As used in ss. 383.30-383.335, unless the 26 context otherwise requires, the term: 27 (1) "Agency" means the Agency for Health Care 28 Administration. 29 (2)(1) "Birth center" means any facility, institution, 30 or place, which is not an ambulatory surgical center or a 31 hospital or in a hospital, in which births are planned to 9 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 occur away from the mother's usual residence following a 2 normal, uncomplicated, low-risk pregnancy. 3 (3)(2) "Clinical staff" means individuals employed 4 full time or part time by a birth center who are licensed or 5 certified to provide care at childbirth. 6 (4)(3) "Consultant" means a physician licensed 7 pursuant to chapter 458 or chapter 459 who agrees to provide 8 advice and services to a birth center and who either: 9 (a) Is certified or eligible for certification by the 10 American Board of Obstetrics and Gynecology, or 11 (b) Has hospital obstetrical privileges. 12 (4) "Department" means the Department of Health. 13 (5) "Governing body" means any individual, group, 14 corporation, or institution which is responsible for the 15 overall operation and maintenance of a birth center. 16 (6) "Governmental unit" means the state or any county, 17 municipality, or other political subdivision or any 18 department, division, board, or other agency of any of the 19 foregoing. 20 (7) "Licensed facility" means a facility licensed in 21 accordance with s. 383.305. 22 (8) "Low-risk pregnancy" means a pregnancy which is 23 expected to result in an uncomplicated birth, as determined 24 through risk criteria developed by rule of the department, and 25 which is accompanied by adequate prenatal care. 26 (9) "Person" means any individual, firm, partnership, 27 corporation, company, association, institution, or joint stock 28 association and means any legal successor of any of the 29 foregoing. 30 (10) "Premises" means those buildings, beds, and 31 facilities located at the main address of the licensee and all 10 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 other buildings, beds, and facilities for the provision of 2 maternity care located in such reasonable proximity to the 3 main address of the licensee as to appear to the public to be 4 under the dominion and control of the licensee. 5 Section 46. Section 383.305, Florida Statutes, is 6 amended to read: 7 383.305 Licensure; issuance, renewal, denial, 8 suspension, revocation; fees; background screening.-- 9 (1)(a) Upon receipt of an application for a license 10 and the license fee, the agency department shall issue a 11 license if the applicant and facility have received all 12 approvals required by law and meet the requirements 13 established under ss. 383.30-383.335 and by rules promulgated 14 hereunder. 15 (b) A provisional license may be issued to any birth 16 center that is in substantial compliance with ss. 17 383.30-383.335 and with the rules of the agency department. A 18 provisional license may be granted for a period of no more 19 than 1 year from the effective date of rules adopted by the 20 agency department, shall expire automatically at the end of 21 its term, and may not be renewed. 22 (c) A license, unless sooner suspended or revoked, 23 automatically expires 1 year from its date of issuance and is 24 renewable upon application for renewal and payment of the fee 25 prescribed, provided the applicant and the birth center meet 26 the requirements established under ss. 383.30-383.335 and by 27 rules promulgated hereunder. A complete application for 28 renewal of a license shall be made 90 days prior to expiration 29 of the license on forms provided by the agency department. 30 (2) An application for a license, or renewal thereof, 31 shall be made to the agency department upon forms provided by 11 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 it and shall contain such information as the agency department 2 reasonably requires, which may include affirmative evidence of 3 ability to comply with applicable laws and rules. 4 (3)(a) Each application for a birth center license, or 5 renewal thereof, shall be accompanied by a license fee. Fees 6 shall be established by rule of the agency department. Such 7 fees are payable to the agency department and shall be 8 deposited in a trust fund administered by the agency 9 department, to be used for the sole purpose of carrying out 10 the provisions of ss. 383.30-383.335. 11 (b) The fees established pursuant to ss. 12 383.30-383.335 shall be based on actual costs incurred by the 13 agency department in the administration of its duties under 14 such sections. 15 (4) Each license is valid only for the person or 16 governmental unit to whom or which it is issued; is not 17 subject to sale, assignment, or other transfer, voluntary or 18 involuntary; and is not valid for any premises other than 19 those for which it was originally issued. 20 (5) Each license shall be posted in a conspicuous 21 place on the licensed premises. 22 (6) Whenever the agency department finds that there 23 has been a substantial failure to comply with the requirements 24 established under ss. 383.30-383.335 or in rules adopted under 25 those sections promulgated hereunder, it is authorized to 26 deny, suspend, or revoke a license. 27 (7) Each applicant for licensure must comply with the 28 following requirements: 29 (a) Upon receipt of a completed, signed, and dated 30 application, the agency shall require background screening, in 31 accordance with the level 2 standards for screening set forth 12 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 in chapter 435, of the managing employee, or other similarly 2 titled individual who is responsible for the daily operation 3 of the center, and of the financial officer, or other 4 similarly titled individual who is responsible for the 5 financial operation of the center, including billings for 6 patient care and services. The applicant must comply with the 7 procedures for level 2 background screening as set forth in 8 chapter 435. 9 (b) The agency may require background screening of any 10 other individual who is an applicant if the agency has a 11 reasonable basis for believing that he or she has been 12 convicted of a crime or has committed any other offense 13 prohibited under the level 2 standards for screening set forth 14 in chapter 435. 15 (c) Proof of compliance with the level 2 background 16 screening requirements of chapter 435 which has been submitted 17 within the previous 5 years in compliance with any other 18 health care licensure requirements of this state is acceptable 19 in fulfillment of the requirements of paragraph (a). 20 (d) A provisional license may be granted to an 21 applicant when each individual required by this section to 22 undergo background screening has met the standards for the 23 abuse registry background check and the Department of Law 24 Enforcement background check, but the agency has not yet 25 received background screening results from the Federal Bureau 26 of Investigation, or a request for a disqualification 27 exemption has been submitted to the agency as set forth in 28 chapter 435 but a response has not yet been issued. A standard 29 license may be granted to the applicant upon the agency's 30 receipt of a report of the results of the Federal Bureau of 31 Investigation background screening for each individual 13 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 required by this section to undergo background screening which 2 confirms that all standards have been met, or upon the 3 granting of a disqualification exemption by the agency as set 4 forth in chapter 435. Any other person who is required to 5 undergo level 2 background screening may serve in his or her 6 capacity pending the agency's receipt of the report from the 7 Federal Bureau of Investigation. However, the person may not 8 continue to serve if the report indicates any violation of 9 background screening standards and a disqualification 10 exemption has not been requested of and granted by the agency 11 as set forth in chapter 435. 12 (e) Each applicant must submit to the agency, with its 13 application, a description and explanation of any exclusions, 14 permanent suspensions, or terminations of the applicant from 15 the Medicare or Medicaid programs. Proof of compliance with 16 the requirements for disclosure of ownership and control 17 interests under the Medicaid or Medicare programs shall be 18 accepted in lieu of this submission. 19 (f) Each applicant must submit to the agency a 20 description and explanation of any conviction of an offense 21 prohibited under the level 2 standards of chapter 435 by a 22 member of the board of directors of the applicant, its 23 officers, or any individual owning 5 percent or more of the 24 applicant. This requirement does not apply to a director of a 25 not-for-profit corporation or organization if the director 26 serves solely in a voluntary capacity for the corporation or 27 organization, does not regularly take part in the day-to-day 28 operational decisions of the corporation or organization, 29 receives no remuneration for his or her services on the 30 corporation or organization's board of directors, and has no 31 financial interest and has no family members with a financial 14 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 interest in the corporation or organization, provided that the 2 director and the not-for-profit corporation or organization 3 include in the application a statement affirming that the 4 director's relationship to the corporation satisfies the 5 requirements of this paragraph. 6 (g) A license may not be granted to an applicant if 7 the applicant or managing employee has been found guilty of, 8 regardless of adjudication, or has entered a plea of nolo 9 contendere or guilty to, any offense prohibited under the 10 level 2 standards for screening set forth in chapter 435, 11 unless an exemption from disqualification has been granted by 12 the agency as set forth in chapter 435. 13 (h) The agency may deny or revoke licensure if the 14 applicant: 15 1. Has falsely represented a material fact in the 16 application required by paragraph (e) or paragraph (f), or has 17 omitted any material fact from the application required by 18 paragraph (e) or paragraph (f); or 19 2. Has had prior action taken against the applicant 20 under the Medicaid or Medicare program as set forth in 21 paragraph (e). 22 (i) An application for license renewal must contain 23 the information required under paragraphs (e) and (f). 24 Section 47. Subsection (3) is added to section 25 390.015, Florida Statutes, to read: 26 390.015 Application for license.-- 27 (3) Each applicant for licensure must comply with the 28 following requirements: 29 (a) Upon receipt of a completed, signed, and dated 30 application, the agency shall require background screening, in 31 accordance with the level 2 standards for screening set forth 15 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 in chapter 435, of the managing employee, or other similarly 2 titled individual who is responsible for the daily operation 3 of the clinic, and financial officer, or other similarly 4 titled individual who is responsible for the financial 5 operation of the clinic, including billings for patient care 6 and services. The applicant must comply with the procedures 7 for level 2 background screening as set forth in chapter 435. 8 (b) The agency may require background screening of any 9 other individual who is an applicant if the agency has a 10 reasonable basis for believing that he or she has been 11 convicted of a crime or has committed any other offense 12 prohibited under the level 2 standards for screening set forth 13 in chapter 435. 14 (c) Proof of compliance with the level 2 background 15 screening requirements of chapter 435 which has been submitted 16 within the previous 5 years in compliance with any other 17 health care licensure requirements of this state is acceptable 18 in fulfillment of the requirements of paragraph (a). 19 (d) A provisional license may be granted to an 20 applicant when each individual required by this section to 21 undergo background screening has met the standards for the 22 abuse registry background check and the Department of Law 23 Enforcement background check, but the agency has not yet 24 received background screening results from the Federal Bureau 25 of Investigation, or a request for a disqualification 26 exemption has been submitted to the agency as set forth in 27 chapter 435 but a response has not yet been issued. A standard 28 license may be granted to the applicant upon the agency's 29 receipt of a report of the results of the Federal Bureau of 30 Investigation background screening for each individual 31 required by this section to undergo background screening which 16 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 confirms that all standards have been met, or upon the 2 granting of a disqualification exemption by the agency as set 3 forth in chapter 435. Any other person who is required to 4 undergo level 2 background screening may serve in his or her 5 capacity pending the agency's receipt of the report from the 6 Federal Bureau of Investigation. However, the person may not 7 continue to serve if the report indicates any violation of 8 background screening standards and a disqualification 9 exemption has not been requested of and granted by the agency 10 as set forth in chapter 435. 11 (e) Each applicant must submit to the agency, with its 12 application, a description and explanation of any exclusions, 13 permanent suspensions, or terminations of the applicant from 14 the Medicare or Medicaid programs. Proof of compliance with 15 the requirements for disclosure of ownership and control 16 interests under the Medicaid or Medicare programs shall be 17 accepted in lieu of this submission. 18 (f) Each applicant must submit to the agency a 19 description and explanation of any conviction of an offense 20 prohibited under the level 2 standards of chapter 435 by a 21 member of the board of directors of the applicant, its 22 officers, or any individual owning 5 percent or more of the 23 applicant. This requirement does not apply to a director of a 24 not-for-profit corporation or organization if the director 25 serves solely in a voluntary capacity for the corporation or 26 organization, does not regularly take part in the day-to-day 27 operational decisions of the corporation or organization, 28 receives no remuneration for his or her services on the 29 corporation or organization's board of directors, and has no 30 financial interest and has no family members with a financial 31 interest in the corporation or organization, provided that the 17 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 director and the not-for-profit corporation or organization 2 include in the application a statement affirming that the 3 director's relationship to the corporation satisfies the 4 requirements of this paragraph. 5 (g) A license may not be granted to an applicant if 6 the applicant or managing employee has been found guilty of, 7 regardless of adjudication, or has entered a plea of nolo 8 contendere or guilty to, any offense prohibited under the 9 level 2 standards for screening set forth in chapter 435, 10 unless an exemption from disqualification has been granted by 11 the agency as set forth in chapter 435. 12 (h) The agency may deny or revoke licensure if the 13 applicant: 14 1. Has falsely represented a material fact in the 15 application required by paragraph (e) or paragraph (f), or has 16 omitted any material fact from the application required by 17 paragraph (e) or paragraph (f); or 18 2. Has had prior action taken against the applicant 19 under the Medicaid or Medicare program as set forth in 20 paragraph (e). 21 (i) An application for license renewal must contain 22 the information required under paragraphs (e) and (f). 23 Section 48. Subsection (5) is added to section 24 391.206, Florida Statutes, to read: 25 391.206 Initial application for license.-- 26 (5) Each applicant for licensure must comply with the 27 following requirements: 28 (a) Upon receipt of a completed, signed, and dated 29 application, the agency shall require background screening, in 30 accordance with the level 2 standards for screening set forth 31 in chapter 435, of the operator, and of the financial officer, 18 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 or other similarly titled individual who is responsible for 2 the financial operation of the center, including billings for 3 patient care and services. The applicant must comply with the 4 procedures for level 2 background screening as set forth in 5 chapter 435. 6 (b) The agency may require background screening of any 7 other individual who is an applicant if the agency has a 8 reasonable basis for believing that he or she has been 9 convicted of a crime or has committed any other offense 10 prohibited under the level 2 standards for screening set forth 11 in chapter 435. 12 (c) Proof of compliance with the level 2 background 13 screening requirements of chapter 435 which has been submitted 14 within the previous 5 years in compliance with any other 15 health care licensure requirements of this state is acceptable 16 in fulfillment of the requirements of paragraph (a). 17 (d) A provisional license may be granted to an 18 applicant when each individual required by this section to 19 undergo background screening has met the standards for the 20 abuse registry background check and the Department of Law 21 Enforcement background check, but the agency has not yet 22 received background screening results from the Federal Bureau 23 of Investigation, or a request for a disqualification 24 exemption has been submitted to the agency as set forth in 25 chapter 435 but a response has not yet been issued. A standard 26 license may be granted to the applicant upon the agency's 27 receipt of a report of the results of the Federal Bureau of 28 Investigation background screening for each individual 29 required by this section to undergo background screening which 30 confirms that all standards have been met, or upon the 31 granting of a disqualification exemption by the agency as set 19 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 forth in chapter 435. Any other person who is required to 2 undergo level 2 background screening may serve in his or her 3 capacity pending the agency's receipt of the report from the 4 Federal Bureau of Investigation. However, the person may not 5 continue to serve if the report indicates any violation of 6 background screening standards and a disqualification 7 exemption has not been requested of and granted by the agency 8 as set forth in chapter 435. 9 (e) Each applicant must submit to the agency, with its 10 application, a description and explanation of any exclusions, 11 permanent suspensions, or terminations of the applicant from 12 the Medicare or Medicaid programs. Proof of compliance with 13 the requirements for disclosure of ownership and control 14 interests under the Medicaid or Medicare programs shall be 15 accepted in lieu of this submission. 16 (f) Each applicant must submit to the agency a 17 description and explanation of any conviction of an offense 18 prohibited under the level 2 standards of chapter 435 by a 19 member of the board of directors of the applicant, its 20 officers, or any individual owning 5 percent or more of the 21 applicant. This requirement does not apply to a director of a 22 not-for-profit corporation or organization if the director 23 serves solely in a voluntary capacity for the corporation or 24 organization, does not regularly take part in the day-to-day 25 operational decisions of the corporation or organization, 26 receives no remuneration for his or her services on the 27 corporation or organization's board of directors, and has no 28 financial interest and has no family members with a financial 29 interest in the corporation or organization, provided that the 30 director and the not-for-profit corporation or organization 31 include in the application a statement affirming that the 20 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 director's relationship to the corporation satisfies the 2 requirements of this paragraph. 3 (g) A license may not be granted to an applicant if 4 the applicant or managing employee has been found guilty of, 5 regardless of adjudication, or has entered a plea of nolo 6 contendere or guilty to, any offense prohibited under the 7 level 2 standards for screening set forth in chapter 435, 8 unless an exemption from disqualification has been granted by 9 the agency as set forth in chapter 435. 10 (h) The agency may deny or revoke licensure if the 11 applicant: 12 1. Has falsely represented a material fact in the 13 application required by paragraph (e) or paragraph (f), or has 14 omitted any material fact from the application required by 15 paragraph (e) or paragraph (f); or 16 2. Has had prior action taken against the applicant 17 under the Medicaid or Medicare program as set forth in 18 paragraph (e). 19 (i) An application for license renewal must contain 20 the information required under paragraphs (e) and (f). 21 Section 49. Present subsections (6) through (18) of 22 section 393.067, Florida Statutes, are renumbered as 23 subsections (7) through (19), respectively, and a new 24 subsection (6) is added to that section, to read: 25 393.067 Licensure of residential facilities and 26 comprehensive transitional education programs.-- 27 (6) Each applicant for licensure as an intermediate 28 care facility for the developmentally disabled must comply 29 with the following requirements: 30 (a) Upon receipt of a completed, signed, and dated 31 application, the agency shall require background screening, in 21 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 accordance with the level 2 standards for screening set forth 2 in chapter 435, of the managing employee, or other similarly 3 titled individual who is responsible for the daily operation 4 of the facility, and of the financial officer, or other 5 similarly titled individual who is responsible for the 6 financial operation of the center, including billings for 7 resident care and services. The applicant must comply with 8 the procedures for level 2 background screening as set forth 9 in chapter 435. 10 (b) The agency may require background screening of any 11 other individual who is an applicant if the agency has a 12 reasonable basis for believing that he or she has been 13 convicted of a crime or has committed any other offense 14 prohibited under the level 2 standards for screening set forth 15 in chapter 435. 16 (c) Proof of compliance with the level 2 background 17 screening requirements of chapter 435 which has been submitted 18 within the previous 5 years in compliance with any other 19 health care licensure requirements of this state is acceptable 20 in fulfillment of the requirements of paragraph (a). 21 (d) A provisional license may be granted to an 22 applicant when each individual required by this section to 23 undergo background screening has met the standards for the 24 abuse registry background check and the Department of Law 25 Enforcement background check, but the agency has not yet 26 received background screening results from the Federal Bureau 27 of Investigation, or a request for a disqualification 28 exemption has been submitted to the agency as set forth in 29 chapter 435 but a response has not yet been issued. A standard 30 license may be granted to the applicant upon the agency's 31 receipt of a report of the results of the Federal Bureau of 22 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 Investigation background screening for each individual 2 required by this section to undergo background screening which 3 confirms that all standards have been met, or upon the 4 granting of a disqualification exemption by the agency as set 5 forth in chapter 435. Any other person who is required to 6 undergo level 2 background screening may serve in his or her 7 capacity pending the agency's receipt of the report from the 8 Federal Bureau of Investigation. However, the person may not 9 continue to serve if the report indicates any violation of 10 background screening standards and a disqualification 11 exemption has not been requested of and granted by the agency 12 as set forth in chapter 435. 13 (e) Each applicant must submit to the agency, with its 14 application, a description and explanation of any exclusions, 15 permanent suspensions, or terminations of the applicant from 16 the Medicare or Medicaid programs. Proof of compliance with 17 the requirements for disclosure of ownership and control 18 interests under the Medicaid or Medicare programs shall be 19 accepted in lieu of this submission. 20 (f) Each applicant must submit to the agency a 21 description and explanation of any conviction of an offense 22 prohibited under the level 2 standards of chapter 435 by a 23 member of the board of directors of the applicant, its 24 officers, or any individual owning 5 percent or more of the 25 applicant. This requirement does not apply to a director of a 26 not-for-profit corporation or organization if the director 27 serves solely in a voluntary capacity for the corporation or 28 organization, does not regularly take part in the day-to-day 29 operational decisions of the corporation or organization, 30 receives no remuneration for his or her services on the 31 corporation or organization's board of directors, and has no 23 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 financial interest and has no family members with a financial 2 interest in the corporation or organization, provided that the 3 director and the not-for-profit corporation or organization 4 include in the application a statement affirming that the 5 director's relationship to the corporation satisfies the 6 requirements of this paragraph. 7 (g) A license may not be granted to an applicant if 8 the applicant or managing employee has been found guilty of, 9 regardless of adjudication, or has entered a plea of nolo 10 contendere or guilty to, any offense prohibited under the 11 level 2 standards for screening set forth in chapter 435, 12 unless an exemption from disqualification has been granted by 13 the agency as set forth in chapter 435. 14 (h) The agency may deny or revoke licensure if the 15 applicant: 16 1. Has falsely represented a material fact in the 17 application required by paragraph (e) or paragraph (f), or has 18 omitted any material fact from the application required by 19 paragraph (e) or paragraph (f); or 20 2. Has had prior action taken against the applicant 21 under the Medicaid or Medicare program as set forth in 22 paragraph (e). 23 (i) An application for license renewal must contain 24 the information required under paragraphs (e) and (f). 25 Section 50. Section 394.67, Florida Statutes, is 26 amended to read: 27 394.67 Definitions.--As When used in this part, unless 28 the context clearly requires otherwise, the term: 29 (1) "Advisory council" means a district advisory 30 council. 31 (2) "Agency" means the Agency for Health Care 24 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 Administration. 2 (2) "Alcohol, drug abuse, and mental health planning 3 council" or "council" means the council within a Department of 4 Health and Rehabilitative Services district or subdistrict 5 established in accordance with the provisions of this part for 6 the purpose of assessing the alcohol, drug abuse, and mental 7 health needs of the community and developing a plan to address 8 those needs. 9 (3) "Applicant" means an individual applicant, or any 10 officer, director, agent, managing employee, or affiliated 11 person, or any partner or shareholder having an ownership 12 interest equal to a 5-percent or greater interest in the 13 corporation, partnership, or other business entity. 14 (4)(3) "Department" means the Department of Children 15 and Family Health and Rehabilitative Services. 16 (5) "Director" means any member of the official board 17 of directors reported in the organization's annual corporate 18 report to the Florida Department of State, or, if no such 19 report is made, any member of the operating board of 20 directors. The term excludes members of separate, restricted 21 boards that serve only in an advisory capacity to the 22 operating board. 23 (6)(4) "District administrator" means the person 24 appointed by the Secretary of Children and Family Health and 25 Rehabilitative Services for the purpose of administering a 26 department service district as set forth in s. 20.19. 27 (7)(5) "District plan" or "plan" means the combined 28 district alcohol, drug abuse, and mental health plan prepared 29 by the alcohol, drug abuse, and mental health planning council 30 and approved by the district administrator and governing 31 bodies in accordance with this part. 25 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (8)(6) "Federal funds" means funds from federal 2 sources for alcohol, drug abuse, or mental health facilities 3 and programs, exclusive of federal funds that are deemed 4 eligible by the Federal Government, and are eligible through 5 state regulation, for matching purposes. 6 (9)(7) "Governing body" means the chief legislative 7 body of a county, a board of county commissioners, or boards 8 of county commissioners in counties acting jointly, or their 9 counterparts in a charter government. 10 (10)(8) "Local matching funds" means funds received 11 from governing bodies of local government, including city 12 commissions, county commissions, district school boards, 13 special tax districts, private hospital funds, private gifts, 14 both individual and corporate, and bequests and funds received 15 from community drives or any other sources. 16 (11) "Managing employee" means the administrator or 17 other similarly titled individual who is responsible for the 18 daily operation of the facility. 19 (12)(9) "Patient fees" means compensation received by 20 a community alcohol, drug abuse, or mental health facility for 21 services rendered to clients from any source of funds, 22 including city, county, state, federal, and private sources. 23 (13)(10) "Program office" means the Alcohol, Drug 24 Abuse, and Mental Health Program Office of the Department of 25 Children and Family Health and Rehabilitative Services. 26 (14)(11) "Service district" means a community service 27 district as established by the department under s. 20.19 for 28 the purpose of providing community alcohol, drug abuse, and 29 mental health services. 30 (15)(12) "Service provider" means any agency in which 31 all or any portion of the programs or services set forth in s. 26 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 394.675 are carried out. 2 (16)(13) "Crisis stabilization unit" means a program 3 providing an alternative to inpatient hospitalization and 4 which provides brief, intensive services 24 hours a day, 7 5 days a week, for mentally ill individuals who are in an 6 acutely disturbed state. 7 (17)(14) "Residential treatment facility" means a 8 facility providing residential care and treatment to 9 individuals exhibiting symptoms of mental illness who are in 10 need of a 24-hour, 7-day-a-week structured living environment, 11 respite care, or long-term community placement. Residential 12 treatment facility shall also include short-term residential 13 treatment facilities for treatment of mental illness. 14 (18)(15 "Licensed facility" means a facility licensed 15 in accordance with this chapter. 16 (19)(16) "Premises" means those buildings, beds, and 17 facilities located at the main address of the licensee and all 18 other buildings, beds, and facilities for the provision of 19 acute or residential care located in such reasonable proximity 20 to the main address of the licensee as to appear to the public 21 to be under the dominion and control of the licensee. 22 (20)(17) "Client" means any individual receiving 23 services in any alcohol, drug abuse, or mental health 24 facility, program, or service, which facility, program, or 25 service is operated, funded, or regulated by the Department of 26 Health and Rehabilitative Services. 27 Section 51. Subsection (12) is added to section 28 394.875, Florida Statutes, to read: 29 394.875 Crisis stabilization units and residential 30 treatment facilities; authorized services; license required; 31 penalties.-- 27 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (12) Each applicant for licensure must comply with the 2 following requirements: 3 (a) Upon receipt of a completed, signed, and dated 4 application, the agency shall require background screening, in 5 accordance with the level 2 standards for screening set forth 6 in chapter 435, of the managing employee and financial 7 officer, or other similarly titled individual who is 8 responsible for the financial operation of the facility, 9 including billings for client care and services. The applicant 10 must comply with the procedures for level 2 background 11 screening as set forth in chapter 435. 12 (b) The agency may require background screening of any 13 other individual who is an applicant if the agency has a 14 reasonable basis for believing that he or she has been 15 convicted of a crime or has committed any other offense 16 prohibited under the level 2 standards for screening set forth 17 in chapter 435. 18 (c) Proof of compliance with the level 2 background 19 screening requirements of chapter 435 which has been submitted 20 within the previous 5 years in compliance with any other 21 healthcare licensure requirements of this state is acceptable 22 in fulfillment of the requirements of paragraph (a). 23 (d) A provisional license may be granted to an 24 applicant when each individual required by this section to 25 undergo background screening has met the standards for the 26 abuse registry background check and the Department of Law 27 Enforcement background check, but the agency has not yet 28 received background screening results from the Federal Bureau 29 of Investigation, or a request for a disqualification 30 exemption has been submitted to the agency as set forth in 31 chapter 435 but a response has not yet been issued. A standard 28 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 license may be granted to the applicant upon the agency's 2 receipt of a report of the results of the Federal Bureau of 3 Investigation background screening for each individual 4 required by this section to undergo background screening which 5 confirms that all standards have been met, or upon the 6 granting of a disqualification exemption by the agency as set 7 forth in chapter 435. Any other person who is required to 8 undergo level 2 background screening may serve in his or her 9 capacity pending the agency's receipt of the report from the 10 Federal Bureau of Investigation. However, the person may not 11 continue to serve if the report indicates any violation of 12 background screening standards and a disqualification 13 exemption has not been requested of and granted by the agency 14 as set forth in chapter 435. 15 (e) Each applicant must submit to the agency, with its 16 application, a description and explanation of any exclusions, 17 permanent suspensions, or terminations of the applicant from 18 the Medicare or Medicaid programs. Proof of compliance with 19 the requirements for disclosure of ownership and control 20 interests under the Medicaid or Medicare programs shall be 21 accepted in lieu of this submission. 22 (f) Each applicant must submit to the agency a 23 description and explanation of any conviction of an offense 24 prohibited under the level 2 standards of chapter 435 by a 25 member of the board of directors of the applicant, its 26 officers, or any individual owning 5 percent or more of the 27 applicant. This requirement does not apply to a director of a 28 not-for-profit corporation or organization if the director 29 serves solely in a voluntary capacity for the corporation or 30 organization, does not regularly take part in the day-to-day 31 operational decisions of the corporation or organization, 29 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 receives no remuneration for his or her services on the 2 corporation or organization's board of directors, and has no 3 financial interest and has no family members with a financial 4 interest in the corporation or organization, provided that the 5 director and the not-for-profit corporation or organization 6 include in the application a statement affirming that the 7 director's relationship to the corporation satisfies the 8 requirements of this paragraph. 9 (g) A license may not be granted to an applicant if 10 the applicant or managing employee has been found guilty of, 11 regardless of adjudication, or has entered a plea of nolo 12 contendere or guilty to, any offense prohibited under the 13 level 2 standards for screening set forth in chapter 435, 14 unless an exemption from disqualification has been granted by 15 the agency as set forth in chapter 435. 16 (h) The agency may deny or revoke licensure if the 17 applicant: 18 1. Has falsely represented a material fact in the 19 application required by paragraph (e) or paragraph (f), or has 20 omitted any material fact from the application required by 21 paragraph (e) or paragraph (f); or 22 2. Has had prior action taken against the applicant 23 under the Medicaid or Medicare program as set forth in 24 paragraph (e). 25 (i) An application for license renewal must contain 26 the information required under paragraphs (e) and (f). 27 Section 52. Section 395.002, Florida Statutes, is 28 amended to read: 29 395.002 Definitions.--As used in this chapter: 30 (1) "Accrediting organizations" means the Joint 31 Commission on Accreditation of Healthcare Organizations, the 30 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 American Osteopathic Association, the Commission on 2 Accreditation of Rehabilitation Facilities, and the 3 Accreditation Association for Ambulatory Health Care, Inc. 4 (2) "Adverse or untoward incident," for purposes of 5 reporting to the agency, means an event over which health care 6 personnel could exercise control, which is probably associated 7 in whole or in part with medical intervention rather than the 8 condition for which such intervention occurred, and which 9 causes injury to a patient, and which: 10 (a) Is not consistent with or expected to be a 11 consequence of such medical intervention; 12 (b) Occurs as a result of medical intervention to 13 which the patient has not given his or her informed consent; 14 (c) Occurs as the result of any other action or lack 15 of any other action on the part of the hospital or personnel 16 of the hospital; 17 (d) Results in a surgical procedure being performed on 18 the wrong patient; or 19 (e) Results in a surgical procedure being performed 20 that is unrelated to the patient's diagnosis or medical needs. 21 (3) "Agency" means the Agency for Health Care 22 Administration. 23 (4) "Ambulatory surgical center" means a facility the 24 primary purpose of which is to provide elective surgical care, 25 in which the patient is admitted to and discharged from such 26 facility within the same working day and is not permitted to 27 stay overnight, and which is not part of a hospital. However, 28 a facility existing for the primary purpose of performing 29 terminations of pregnancy, an office maintained by a physician 30 for the practice of medicine, or an office maintained for the 31 practice of dentistry shall not be construed to be an 31 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 ambulatory surgical center, provided that any facility or 2 office which is certified or seeks certification as a Medicare 3 ambulatory surgical center shall be licensed as an ambulatory 4 surgical center pursuant to s. 395.003. 5 (5) "Applicant" means an individual applicant, or any 6 officer, director, or agent, or any partner or shareholder 7 having an ownership interest equal to a 5-percent or greater 8 interest in the corporation, partnership, or other business 9 entity. 10 (6)(5) "Biomedical waste" means any solid or liquid 11 waste as defined in s. 381.0098(2)(a). 12 (7)(6) "Clinical privileges" means the privileges 13 granted to a physician or other licensed health care 14 practitioner to render patient care services in a hospital, 15 but does not include the privilege of admitting patients. 16 (8)(7) "Department" means the Department of Health and 17 Rehabilitative Services. 18 (9) "Director" means any member of the official board 19 of directors as reported in the organization's annual 20 corporate report to the Florida Department of State, or, if no 21 such report is made, any member of the operating board of 22 directors. The term excludes members of separate, restricted 23 boards that serve only in an advisory capacity to the 24 operating board. 25 (10)(8) "Emergency medical condition" means: 26 (a) A medical condition manifesting itself by acute 27 symptoms of sufficient severity, which may include severe 28 pain, such that the absence of immediate medical attention 29 could reasonably be expected to result in any of the 30 following: 31 1. Serious jeopardy to patient health, including a 32 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 pregnant woman or fetus. 2 2. Serious impairment to bodily functions. 3 3. Serious dysfunction of any bodily organ or part. 4 (b) With respect to a pregnant woman: 5 1. That there is inadequate time to effect safe 6 transfer to another hospital prior to delivery; 7 2. That a transfer may pose a threat to the health and 8 safety of the patient or fetus; or 9 3. That there is evidence of the onset and persistence 10 of uterine contractions or rupture of the membranes. 11 (11)(9) "Emergency services and care" means medical 12 screening, examination, and evaluation by a physician, or, to 13 the extent permitted by applicable law, by other appropriate 14 personnel under the supervision of a physician, to determine 15 if an emergency medical condition exists and, if it does, the 16 care, treatment, or surgery by a physician necessary to 17 relieve or eliminate the emergency medical condition, within 18 the service capability of the facility. 19 (12)(10) "General hospital" means any facility which 20 meets the provisions of subsection (14)(12) and which 21 regularly makes its facilities and services available to the 22 general population. 23 (13)(11) "Governmental unit" means the state or any 24 county, municipality, or other political subdivision, or any 25 department, division, board, or other agency of any of the 26 foregoing. 27 (14)(12) "Hospital" means any establishment that: 28 (a) Offers services more intensive than those required 29 for room, board, personal services, and general nursing care, 30 and offers facilities and beds for use beyond 24 hours by 31 individuals requiring diagnosis, treatment, or care for 33 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 illness, injury, deformity, infirmity, abnormality, disease, 2 or pregnancy; and 3 (b) Regularly makes available at least clinical 4 laboratory services, diagnostic X-ray services, and treatment 5 facilities for surgery or obstetrical care, or other 6 definitive medical treatment of similar extent. 7 8 However, the provisions of this chapter do not apply to any 9 institution conducted by or for the adherents of any 10 well-recognized church or religious denomination that depends 11 exclusively upon prayer or spiritual means to heal, care for, 12 or treat any person. For purposes of local zoning matters, 13 the term "hospital" includes a medical office building located 14 on the same premises as a hospital facility, provided the land 15 on which the medical office building is constructed is zoned 16 for use as a hospital; provided the premises were zoned for 17 hospital purposes on January 1, 1992. 18 (15)(13) "Hospital bed" means a hospital accommodation 19 which is ready for immediate occupancy, or is capable of being 20 made ready for occupancy within 48 hours, excluding provision 21 of staffing, and which conforms to minimum space, equipment, 22 and furnishings standards as specified by rule of the 23 department for the provision of services specified in this 24 section to a single patient. 25 (16)(14) "Initial denial determination" means a 26 determination by a private review agent that the health care 27 services furnished or proposed to be furnished to a patient 28 are inappropriate, not medically necessary, or not reasonable. 29 (17)(15) "Injury," for purposes of reporting to the 30 agency, means any of the following outcomes if caused by an 31 adverse or untoward incident: 34 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (a) Death; 2 (b) Brain damage; 3 (c) Spinal damage; 4 (d) Permanent disfigurement; 5 (e) Fracture or dislocation of bones or joints; 6 (f) Any condition requiring definitive or specialized 7 medical attention which is not consistent with the routine 8 management of the patient's case or patient's preexisting 9 physical condition; 10 (g) Any condition requiring surgical intervention to 11 correct or control; 12 (h) Any condition resulting in transfer of the 13 patient, within or outside the facility, to a unit providing a 14 more acute level of care; 15 (i) Any condition that extends the patient's length of 16 stay; or 17 (j) Any condition that results in a limitation of 18 neurological, physical, or sensory function which continues 19 after discharge from the facility. 20 (18)(16) "Intensive residential treatment programs for 21 children and adolescents" means a specialty hospital 22 accredited by the Joint Commission on Accreditation of 23 Healthcare Organizations which provides 24-hour care and which 24 has the primary functions of diagnosis and treatment of 25 patients under the age of 18 having psychiatric disorders in 26 order to restore such patients to an optimal level of 27 functioning. 28 (19)(17) "Licensed facility" means a hospital or 29 ambulatory surgical center licensed in accordance with this 30 chapter. 31 (20)(18) "Lifesafety" means the control and prevention 35 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 of fire and other life-threatening conditions on a premises 2 for the purpose of preserving human life. 3 (21) "Managing employee" means the administrator or 4 other similarly titled individual who is responsible for the 5 daily operation of the facility. 6 (22)(19) "Medical staff" means physicians licensed 7 under chapter 458 or chapter 459 with privileges in a licensed 8 facility, as well as other licensed health care practitioners 9 with clinical privileges as approved by a licensed facility's 10 governing board. 11 (23)(20) "Medically necessary transfer" means a 12 transfer made necessary because the patient is in immediate 13 need of treatment for an emergency medical condition for which 14 the facility lacks service capability or is at service 15 capacity. 16 (24)(21) "Person" means any individual, partnership, 17 corporation, association, or governmental unit. 18 (25)(22) "Premises" means those buildings, beds, and 19 equipment located at the address of the licensed facility and 20 all other buildings, beds, and equipment for the provision of 21 hospital or ambulatory surgical care located in such 22 reasonable proximity to the address of the licensed facility 23 as to appear to the public to be under the dominion and 24 control of the licensee. 25 (26)(23) "Private review agent" means any person or 26 entity which performs utilization review services for 27 third-party payors on a contractual basis for outpatient or 28 inpatient services. However, the term shall not include 29 full-time employees, personnel, or staff of health insurers, 30 health maintenance organizations, or hospitals, or wholly 31 owned subsidiaries thereof or affiliates under common 36 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 ownership, when performing utilization review for their 2 respective hospitals, health maintenance organizations, or 3 insureds of the same insurance group. For this purpose, 4 health insurers, health maintenance organizations, and 5 hospitals, or wholly owned subsidiaries thereof or affiliates 6 under common ownership, include such entities engaged as 7 administrators of self-insurance as defined in s. 624.031. 8 (27)(24) "Service capability" means all services 9 offered by the facility where identification of services 10 offered is evidenced by the appearance of the service in a 11 patient's medical record or itemized bill. 12 (28)(25) "At service capacity" means the temporary 13 inability of a hospital to provide a service which is within 14 the service capability of the hospital, due to maximum use of 15 the service at the time of the request for the service. 16 (29)(26) "Specialty bed" means a bed, other than a 17 general bed, designated on the face of the hospital license 18 for a dedicated use. 19 (30)(27) "Specialty hospital" means any facility which 20 meets the provisions of subsection (14) (12), and which 21 regularly makes available either: 22 (a) The range of medical services offered by general 23 hospitals, but restricted to a defined age or gender group of 24 the population; 25 (b) A restricted range of services appropriate to the 26 diagnosis, care, and treatment of patients with specific 27 categories of medical or psychiatric illnesses or disorders; 28 or 29 (c) Intensive residential treatment programs for 30 children and adolescents as defined in subsection (18) (16). 31 (31)(28) "Stabilized" means, with respect to an 37 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 emergency medical condition, that no material deterioration of 2 the condition is likely, within reasonable medical 3 probability, to result from the transfer of the patient from a 4 hospital. 5 (32)(29) "Utilization review" means a system for 6 reviewing the medical necessity or appropriateness in the 7 allocation of health care resources of hospital services given 8 or proposed to be given to a patient or group of patients. 9 (33)(30) "Utilization review plan" means a description 10 of the policies and procedures governing utilization review 11 activities performed by a private review agent. 12 (34)(31) "Validation inspection" means an inspection 13 of the premises of a licensed facility by the agency to assess 14 whether a review by an accrediting organization has adequately 15 evaluated the licensed facility according to minimum state 16 standards. 17 Section 53. Section 395.0055, Florida Statutes, is 18 created to read: 19 395.0055 Background screening.--Each applicant for 20 licensure must comply with the following requirements: 21 (1) Upon receipt of a completed, signed, and dated 22 application, the agency shall require background screening of 23 the managing employee in accordance with the level 2 standards 24 for screening set forth in chapter 435. 25 (2) The agency may require background screening for a 26 member of the board of directors of the licensee, or an 27 officer or an individual owning 5 percent or more of the 28 licensee, if the agency reasonably suspects that such 29 individual has been convicted of an offense prohibited under 30 the level 2 standards for screening set forth in chapter 435. 31 (3) Proof of compliance with the level 2 background 38 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 screening requirements of chapter 435 which has been submitted 2 within the previous 5 years in compliance with any other 3 health care licensure requirements of this state is acceptable 4 in fulfillment of subsection (1). 5 (4) A provisional license may be granted to an 6 applicant when each individual required by this section to 7 undergo background screening has met the standards for the 8 abuse registry background check and the Department of Law 9 Enforcement background check, but the agency has not yet 10 received background screening results from the Federal Bureau 11 of Investigation, or a request for a disqualification 12 exemption has been submitted to the agency as set forth in 13 chapter 435 but a response has not yet been issued. A 14 standard license may be granted to the applicant upon the 15 agency's receipt of a report of the results of the Federal 16 Bureau of Investigation background screening for each 17 individual required by this section to undergo background 18 screening which confirms that all standards have been met, or 19 upon the granting of a disqualification exemption by the 20 agency as set forth in chapter 435. Any other person who is 21 required to undergo level 2 background screening may serve in 22 his or her capacity pending the agency's receipt of the report 23 from the Federal Bureau of Investigation; however, the person 24 may not continue to serve if the report indicates any 25 violation of background screening standards and a 26 disqualification exemption has not been requested of and 27 granted by the agency as set forth in chapter 435. 28 (5) Each applicant must submit to the agency, with its 29 application, a description and explanation of any exclusions, 30 permanent suspensions, or terminations of the applicant from 31 the Medicare or Medicaid programs. Proof of compliance with 39 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 disclosure of ownership and control interest requirements of 2 the Medicaid or Medicare programs shall be accepted in lieu of 3 this submission. 4 (6) Each applicant must submit to the agency a 5 description and explanation of any conviction of an offense 6 prohibited under the level 2 standards of chapter 435 by a 7 member of the board of directors of the applicant, its 8 officers, or any individual owning 5 percent or more of the 9 applicant. This requirement shall not apply to a director of a 10 not-for-profit corporation or organization if the director 11 serves solely in a voluntary capacity for the corporation or 12 organization, does not regularly take part in the day-to-day 13 operational decisions of the corporation or organization, 14 receives no remuneration for his or her services on the 15 corporation or organization's board of directors, and has no 16 financial interest and has no family members with a financial 17 interest in the corporation or organization, provided that the 18 director and the not-for-profit corporation or organization 19 include in the application a statement affirming that the 20 director's relationship to the corporation satisfies the 21 requirements of this subsection. 22 (7) A license may not be granted to an applicant if 23 the applicant or managing employee has been found guilty of, 24 regardless of adjudication, or has entered a plea of nolo 25 contendere or guilty to, any offense prohibited under the 26 level 2 standards for screening set forth in chapter 435, 27 unless an exemption from disqualification has been granted by 28 the agency as set forth in chapter 435. 29 (8) The agency may deny or revoke licensure if the 30 applicant: 31 (a) Has falsely represented a material fact in the 40 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 application required by subsection (5) or subsection (6), or 2 has omitted any material fact from the application required by 3 subsection (5) or subsection (6); or 4 (b) Has had prior Medicaid or Medicare action taken 5 against the applicant as set forth in subsection (5). 6 (9) An application for license renewal must contain 7 the information required under subsections (5) and (6). 8 Section 54. Present subsections (4), (5), (6), (7), 9 (8), and (9) of section 395.0199, Florida Statutes, are 10 renumbered as subsections (5), (6), (7), (8), (9), and (10), 11 respectively, and a new subsection (4) is added to that 12 section, to read: 13 395.0199 Private utilization review.-- 14 (4) Each applicant for registration must comply with 15 the following requirements: 16 (a) Upon receipt of a completed, signed, and dated 17 application, the agency shall require background screening, in 18 accordance with the level 2 standards for screening set forth 19 in chapter 435, of the managing employee or other similarly 20 titled individual who is responsible for the operation of the 21 entity. The applicant must comply with the procedures for 22 level 2 background screening as set forth in chapter 435. 23 (b) The agency may require background screening of any 24 other individual who is an applicant, if the agency has a 25 reasonable basis for believing that he or she has been 26 convicted of a crime or has committed any other offense 27 prohibited under the level 2 standards for screening set forth 28 in chapter 435. 29 (c) Proof of compliance with the level 2 background 30 screening requirements of chapter 435 which has been submitted 31 within the previous 5 years in compliance with any other 41 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 health care licensure requirements of this state is acceptable 2 in fulfillment of the requirements of paragraph (a). 3 (d) A provisional registration may be granted to an 4 applicant when each individual required by this section to 5 undergo background screening has met the standards for the 6 abuse registry background check and the Department of Law 7 Enforcement background check, but the agency has not yet 8 received background screening results from the Federal Bureau 9 of Investigation, or a request for a disqualification 10 exemption has been submitted to the agency as set forth in 11 chapter 435 but a response has not yet been issued. A standard 12 registration may be granted to the applicant upon the agency's 13 receipt of a report of the results of the Federal Bureau of 14 Investigation background screening for each individual 15 required by this section to undergo background screening which 16 confirms that all standards have been met, or upon the 17 granting of a disqualification exemption by the agency as set 18 forth in chapter 435. Any other person who is required to 19 undergo level 2 background screening may serve in his or her 20 capacity pending the agency's receipt of the report from the 21 Federal Bureau of Investigation. However, the person may not 22 continue to serve if the report indicates any violation of 23 background screening standards and a disqualification 24 exemption has not been requested of and granted by the agency 25 as set forth in chapter 435. 26 (e) Each applicant must submit to the agency, with its 27 application, a description and explanation of any exclusions, 28 permanent suspensions, or terminations of the applicant from 29 the Medicare or Medicaid programs. Proof of compliance with 30 the requirements for disclosure of ownership and control 31 interests under the Medicaid or Medicare programs shall be 42 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 accepted in lieu of this submission. 2 (f) Each applicant must submit to the agency a 3 description and explanation of any conviction of an offense 4 prohibited under the level 2 standards of chapter 435 by a 5 member of the board of directors of the applicant, its 6 officers, or any individual owning 5 percent or more of the 7 applicant. This requirement does not apply to a director of a 8 not-for-profit corporation or organization if the director 9 serves solely in a voluntary capacity for the corporation or 10 organization, does not regularly take part in the day-to-day 11 operational decisions of the corporation or organization, 12 receives no remuneration for his or her services on the 13 corporation or organization's board of directors, and has no 14 financial interest and has no family members with a financial 15 interest in the corporation or organization, provided that the 16 director and the not-for-profit corporation or organization 17 include in the application a statement affirming that the 18 director's relationship to the corporation satisfies the 19 requirements of this paragraph. 20 (g) A registration may not be granted to an applicant 21 if the applicant or managing employee has been found guilty 22 of, regardless of adjudication, or has entered a plea of nolo 23 contendere or guilty to, any offense prohibited under the 24 level 2 standards for screening set forth in chapter 435, 25 unless an exemption from disqualification has been granted by 26 the agency as set forth in chapter 435. 27 (h) The agency may deny or revoke the registration if 28 any applicant: 29 1. Has falsely represented a material fact in the 30 application required by paragraph (e) or paragraph (f), or has 31 omitted any material fact from the application required by 43 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 paragraph (e) or paragraph (f); or 2 2. Has had prior action taken against the applicant 3 under the Medicaid or Medicare program as set forth in 4 paragraph (e). 5 (i) An application for registration renewal must 6 contain the information required under paragraphs (e) and (f). 7 Section 55. Paragraph (a) of subsection (2) of section 8 400.071, Florida Statutes, is amended, present subsections 9 (4), (5), (6), (7), and (8) of that section are redesignated 10 as subsections (5), (6), (7), (8), and (9), respectively, and 11 a new subsection (4) is added to that section, to read: 12 400.071 Application for license.-- 13 (2) The application shall be under oath and shall 14 contain the following: 15 (a) The name, address, and social security number of 16 the applicant if an individual; if the applicant is a firm, 17 partnership, or association, its name, address, and employer 18 identification number (EIN), and the name and address of every 19 member; if the applicant is a corporation, its name, address, 20 and employer identification number (EIN), and the name and 21 address of its director and officers and of each person having 22 at least a 5-percent 10-percent interest in the corporation; 23 and the name by which the facility is to be known. 24 (4) Each applicant for licensure must comply with the 25 following requirements: 26 (a) Upon receipt of a completed, signed, and dated 27 application, the agency shall require background screening of 28 the applicant, in accordance with the level 2 standards for 29 screening set forth in chapter 435. As used in this 30 subsection, the term "applicant" means the facility 31 administrator, or similarly titled individual who is 44 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 responsible for the day-to-day operation of the licensed 2 facility, and the facility financial officer, or similarly 3 titled individual who is responsible for the financial 4 operation of the licensed facility. 5 (b) The agency may require background screening for a 6 member of the board of directors of the licensee or an officer 7 or an individual owning 5 percent or more of the licensee if 8 the agency reasonably suspects that such individual has been 9 convicted of an offense prohibited under the level 2 standards 10 for screening set forth in chapter 435. 11 (c) Proof of compliance with the level 2 background 12 screening requirements of chapter 435 which has been submitted 13 within the previous 5 years in compliance with any other 14 health care or assisted living licensure requirements of this 15 state is acceptable in fulfillment of paragraph (a). Proof of 16 compliance with background screening which has been submitted 17 within the previous 5 years to fulfill the requirements of the 18 Department of Insurance pursuant to chapter 651 as part of an 19 application for a certificate of authority to operate a 20 continuing care retirement community is acceptable in 21 fulfillment of the Department of Law Enforcement and Federal 22 Bureau of Investigation background check. 23 (d) A provisional license may be granted to an 24 applicant when each individual required by this section to 25 undergo background screening has met the standards for the 26 abuse registry background check and the Department of Law 27 Enforcement background check, but the agency has not yet 28 received background screening results from the Federal Bureau 29 of Investigation, or a request for a disqualification 30 exemption has been submitted to the agency as set forth in 31 chapter 435 but a response has not yet been issued. A license 45 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 may be granted to the applicant upon the agency's receipt of a 2 report of the results of the Federal Bureau of Investigation 3 background screening for each individual required by this 4 section to undergo background screening which confirms that 5 all standards have been met, or upon the granting of a 6 disqualification exemption by the agency as set forth in 7 chapter 435. Any other person who is required to undergo 8 level 2 background screening may serve in his or her capacity 9 pending the agency's receipt of the report from the Federal 10 Bureau of Investigation; however, the person may not continue 11 to serve if the report indicates any violation of background 12 screening standards and a disqualification exemption has not 13 been requested of and granted by the agency as set forth in 14 chapter 435. 15 (e) Each applicant must submit to the agency, with its 16 application, a description and explanation of any exclusions, 17 permanent suspensions, or terminations of the applicant from 18 the Medicare or Medicaid programs. Proof of compliance with 19 disclosure of ownership and control interest requirements of 20 the Medicaid or Medicare programs shall be accepted in lieu of 21 this submission. 22 (f) Each applicant must submit to the agency a 23 description and explanation of any conviction of an offense 24 prohibited under the level 2 standards of chapter 435 by a 25 member of the board of directors of the applicant, its 26 officers, or any individual owning 5 percent or more of the 27 applicant. This requirement shall not apply to a director of a 28 not-for-profit corporation or organization if the director 29 serves solely in a voluntary capacity for the corporation or 30 organization, does not regularly take part in the day-to-day 31 operational decisions of the corporation or organization, 46 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 receives no remuneration for his or her services on the 2 corporation or organization's board of directors, and has no 3 financial interest and has no family members with a financial 4 interest in the corporation or organization, provided that the 5 director and the not-for-profit corporation or organization 6 include in the application a statement affirming that the 7 director's relationship to the corporation satisfies the 8 requirements of this paragraph. 9 (g) An application for license renewal must contain 10 the information required under paragraphs (e) and (f). 11 Section 56. Present subsections (3), (4), (5), (6), 12 (7), (8), (9), and (10) of section 400.411, Florida Statutes, 13 are redesignated as subsections (4), (5), (6), (7), (8), (9), 14 (10), and (11), respectively, and a new subsection (3) is 15 added to that section, to read: 16 400.411 Initial application for license; provisional 17 license.-- 18 (3) Each applicant for licensure must comply with the 19 following requirements: 20 (a) Upon receipt of a completed, signed, and dated 21 application, the agency shall require background screening of 22 the applicant, in accordance with the level 2 standards for 23 screening set forth in chapter 435. As used in this 24 subsection, the term "applicant" means the facility 25 administrator, or similarly titled individual who is 26 responsible for the day-to-day operation of the licensed 27 facility, and the facility financial officer, or similarly 28 titled individual who is responsible for the financial 29 operation of the licensed facility. 30 (b) The agency may require background screening for a 31 member of the board of directors of the licensee or an officer 47 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 or an individual owning 5 percent or more of the licensee if 2 the agency reasonably suspects that such individual has been 3 convicted of an offense prohibited under the level 2 standards 4 for screening set forth in chapter 435. 5 (c) Proof of compliance with the level 2 background 6 screening requirements of chapter 435 which has been submitted 7 within the previous 5 years in compliance with any other 8 health care or assisted living licensure requirements of this 9 state is acceptable in fulfillment of paragraph (a). Proof of 10 compliance with background screening which has been submitted 11 within the previous 5 years to fulfill the requirements of the 12 Department of Insurance pursuant to chapter 651 as part of an 13 application for a certificate of authority to operate a 14 continuing care retirement community is acceptable in 15 fulfillment of the Department of Law Enforcement and Federal 16 Bureau of Investigation background check. 17 (d) A provisional license may be granted to an 18 applicant when each individual required by this section to 19 undergo background screening has met the standards for the 20 abuse registry background check and the Department of Law 21 Enforcement background check, but the agency has not yet 22 received background screening results from the Federal Bureau 23 of Investigation, or a request for a disqualification 24 exemption has been submitted to the agency as set forth in 25 chapter 435 but a response has not yet been issued. A standard 26 license may be granted to the applicant upon the agency's 27 receipt of a report of the results of the Federal Bureau of 28 Investigation background screening for each individual 29 required by this section to undergo background screening which 30 confirms that all standards have been met, or upon the 31 granting of a disqualification exemption by the agency as set 48 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 forth in chapter 435. Any other person who is required to 2 undergo level 2 background screening may serve in his or her 3 capacity pending the agency's receipt of the report from the 4 Federal Bureau of Investigation; however, the person may not 5 continue to serve if the report indicates any violation of 6 background screening standards and a disqualification 7 exemption has not been requested of and granted by the agency 8 as set forth in chapter 435. 9 (e) Each applicant must submit to the agency, with its 10 application, a description and explanation of any exclusions, 11 permanent suspensions, or terminations of the applicant from 12 the Medicare or Medicaid programs. Proof of compliance with 13 disclosure of ownership and control interest requirements of 14 the Medicaid or Medicare programs shall be accepted in lieu of 15 this submission. 16 (f) Each applicant must submit to the agency a 17 description and explanation of any conviction of an offense 18 prohibited under the level 2 standards of chapter 435 by a 19 member of the board of directors of the applicant, its 20 officers, or any individual owning 5 percent or more of the 21 applicant. This requirement shall not apply to a director of a 22 not-for-profit corporation or organization if the director 23 serves solely in a voluntary capacity for the corporation or 24 organization, does not regularly take part in the day-to-day 25 operational decisions of the corporation or organization, 26 receives no remuneration for his or her services on the 27 corporation or organization's board of directors, and has no 28 financial interest and has no family members with a financial 29 interest in the corporation or organization, provided that the 30 director and the not-for-profit corporation or organization 31 include in the application a statement affirming that the 49 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 director's relationship to the corporation satisfies the 2 requirements of this paragraph. 3 (g) A license may not be granted to an applicant if 4 the applicant, administrator, or financial officer has been 5 found guilty of, regardless of adjudication, or has entered a 6 plea of nolo contendere or guilty to, any offense prohibited 7 under the level 2 standards for screening set forth in chapter 8 435, unless an exemption from disqualification has been 9 granted by the agency as set forth in chapter 435. 10 (h) The agency may deny or revoke licensure if the 11 applicant: 12 1. Has falsely represented a material fact in the 13 application required by paragraph (e) or paragraph (f), or has 14 omitted any material fact from the application required by 15 paragraph (e) or paragraph (f); or 16 2. Has had prior Medicaid or Medicare action taken 17 against the applicant as set forth in paragraph (e). 18 (i) An application for license renewal must contain 19 the information required under paragraphs (e) and (f). 20 Section 57. Paragraph (b) of subsection (2) of section 21 400.414, Florida Statutes, is amended, and paragraph (j) is 22 added to that subsection, to read: 23 400.414 Denial, revocation, or suspension of license; 24 imposition of administrative fine; grounds.-- 25 (2) Any of the following actions by a facility or its 26 employee shall be grounds for action by the agency against a 27 licensee: 28 (b) The determination by the agency that any person 29 specified in s. 400.411(3) the facility owner or administrator 30 is not of suitable character or competency in accordance with 31 level 2 standards for screening set forth in chapter 435, or 50 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 that the owner lacks the financial ability, to provide 2 continuing adequate care to residents, pursuant to the 3 information obtained through s. 400.411, s. 400.417, or s. 4 400.434. 5 (j) A facility owner's or administrator's retention of 6 an employee who performs personal care or nursing care and who 7 is not of suitable character or competency in accordance with 8 level 1 standards for screening set forth in chapter 435, as 9 indicated by the results of the employee's criminal-history 10 background screening. 11 Section 58. Present subsections (2) and (3) of section 12 400.417, Florida Statutes, are renumbered as subsections (3) 13 and (4), respectively, and a new subsection (2) is added to 14 that section, to read: 15 400.417 Expiration of license; renewal; conditional 16 license.-- 17 (2) An applicant for renewal who has not completed the 18 initial background screening requirements specified in s. 19 400.411 must complete the required screening. After the 20 initial background screening is completed, each applicant for 21 renewal must submit to the agency, under penalty of perjury, a 22 notarized affidavit of compliance with the background 23 screening provisions. 24 Section 59. Section 400.4174, Florida Statutes, is 25 amended to read: 26 400.4174 Background screening; reports of abuse in 27 facilities.-- 28 (1) The facility owner or administrator shall conduct 29 level 1 background screening, as set forth in chapter 435, on 30 all employees hired on or after October 1, 1998, who perform 31 personal services as defined in s. 400.402(16). The agency 51 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 may exempt an individual from employment disqualification as 2 set forth in chapter 435. 3 (2) Proof of compliance with the level 1 background 4 screening requirements of chapter 435 may be satisfied as 5 follows: 6 (a) The employee or applicant for employment has had a 7 level 1 background screening to qualify for a professional 8 license in this state. Proof of compliance with the level 1 9 screening requirement must be accompanied, under penalty of 10 perjury, by a copy of the applicant's current professional 11 license and an affidavit of compliance with the level 1 12 screening requirement. 13 (b) The employee or applicant for employment has been 14 continuously employed in the same type of occupation for which 15 the person is seeking employment without a breach in service 16 that exceeds 180 days and proof of compliance with the level 1 17 screening requirement is no more than 2 years old. Proof of 18 compliance shall be provided directly from one employer or 19 contractor to another, and no potential employer or contractor 20 shall accept any proof of compliance directly from the person 21 who was screened. Upon request, proof of completion of the 22 level 1 screening requirement of this section shall be 23 provided by the employer retaining documentation of the 24 screening to the person who was screened. 25 (c) The employee or applicant seeking employment is 26 employed by a corporation or business entity or related 27 corporation or business entity that owns, operates, or manages 28 more than one facility or agency licensed under chapter 400 29 for whom a level 1 screening was conducted by the corporation 30 or business entity as a condition of initial employment or 31 continued employment. 52 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (3) When an employee, volunteer, administrator, or 2 owner of a facility has a confirmed report of adult abuse, 3 neglect, or exploitation, as defined in s. 415.102, or child 4 abuse or neglect, as defined in s. 415.503, and the protective 5 investigator knows that the individual is an employee, 6 volunteer, administrator, or owner of a facility, the agency 7 shall be notified of the confirmed report. 8 Section 60. Section 400.4176, Florida Statutes, is 9 amended to read: 10 400.4176 Notice of change of administrator.--If, 11 during the period for which a license is issued, the owner 12 changes administrators, the owner must notify the agency of 13 the change within 45 days thereof and must provide 14 documentation that the new administrator has completed the 15 applicable core educational requirements under s. 400.452. 16 Background screening shall be completed on any new 17 administrator to establish that the individual is of suitable 18 character as specified in s. 400.411(2)(c) and (3) ss. 19 400.411(2)(c) and 400.456. 20 Section 61. Subsection (4) is added to section 21 400.471, Florida Statutes, to read: 22 400.471 Application for license; fee; provisional 23 license; temporary permit.-- 24 (4) Each applicant for licensure must comply with the 25 following requirements: 26 (a) Upon receipt of a completed, signed, and dated 27 application, the agency shall require background screening of 28 the applicant, in accordance with the level 2 standards for 29 screening set forth in chapter 435. As used in this 30 subsection, the term "applicant" means the administrator, or a 31 similarly titled person who is responsible for the day-to-day 53 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 operation of the licensed home health agency, and the 2 financial officer, or similarly titled individual who is 3 responsible for the financial operation of the licensed home 4 health agency. 5 (b) The agency may require background screening for a 6 member of the board of directors of the licensee or an officer 7 or an individual owning 5 percent or more of the licensee if 8 the agency reasonably suspects that such individual has been 9 convicted of an offense prohibited under the level 2 standards 10 for screening set forth in chapter 435. 11 (c) Proof of compliance with the level 2 background 12 screening requirements of chapter 435 which has been submitted 13 within the previous 5 years in compliance with any other 14 health care or assisted living licensure requirements of this 15 state is acceptable in fulfillment of paragraph (a). Proof of 16 compliance with background screening which has been submitted 17 within the previous 5 years to fulfill the requirements of the 18 Department of Insurance pursuant to chapter 651 as part of an 19 application for a certificate of authority to operate a 20 continuing care retirement community is acceptable in 21 fulfillment of the Department of Law Enforcement and Federal 22 Bureau of Investigation background check. 23 (d) A provisional license may be granted to an 24 applicant when each individual required by this section to 25 undergo background screening has met the standards for the 26 abuse registry background check and the Department of Law 27 Enforcement background check, but the agency has not yet 28 received background screening results from the Federal Bureau 29 of Investigation. A standard license may be granted to the 30 licensee upon the agency's receipt of a report of the results 31 of the Federal Bureau of Investigation background screening 54 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 for each individual required by this section to undergo 2 background screening which confirms that all standards have 3 been met, or upon the granting of a disqualification exemption 4 by the agency as set forth in chapter 435. Any other person 5 who is required to undergo level 2 background screening may 6 serve in his or her capacity pending the agency's receipt of 7 the report from the Federal Bureau of Investigation. However, 8 the person may not continue to serve if the report indicates 9 any violation of background screening standards and a 10 disqualification exemption has not been requested of and 11 granted by the agency as set forth in chapter 435. 12 (e) Each applicant must submit to the agency, with its 13 application, a description and explanation of any exclusions, 14 permanent suspensions, or terminations of the licensee or 15 potential licensee from the Medicare or Medicaid programs. 16 Proof of compliance with the requirements for disclosure of 17 ownership and control interest under the Medicaid or Medicare 18 programs may be accepted in lieu of this submission. 19 (f) Each applicant must submit to the agency a 20 description and explanation of any conviction of an offense 21 prohibited under the level 2 standards of chapter 435 by a 22 member of the board of directors of the applicant, its 23 officers, or any individual owning 5 percent or more of the 24 applicant. This requirement does not apply to a director of a 25 not-for-profit corporation or organization if the director 26 serves solely in a voluntary capacity for the corporation or 27 organization, does not regularly take part in the day-to-day 28 operational decisions of the corporation or organization, 29 receives no remuneration for his or her services on the 30 corporation or organization's board of directors, and has no 31 financial interest and has no family members with a financial 55 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 interest in the corporation or organization, provided that the 2 director and the not-for-profit corporation or organization 3 include in the application a statement affirming that the 4 director's relationship to the corporation satisfies the 5 requirements of this paragraph. 6 (g) A license may not be granted to an applicant if 7 the applicant, administrator, or financial officer has been 8 found guilty of, regardless of adjudication, or has entered a 9 plea of nolo contendere or guilty to, any offense prohibited 10 under the level 2 standards for screening set forth in chapter 11 435, unless an exemption from disqualification has been 12 granted by the agency as set forth in chapter 435. 13 (h) The agency may deny or revoke licensure if the 14 applicant: 15 1. Has falsely represented a material fact in the 16 application required by paragraph (e) or paragraph (f), or has 17 omitted any material fact from the application required by 18 paragraph (e) or paragraph (f); or 19 2. Has been or is currently excluded, suspended, 20 terminated from, or has involuntarily withdrawn from 21 participation in this state's Medicaid program, or the 22 Medicaid program of any other state, or from participation in 23 the Medicare program or any other governmental or private 24 health care or health insurance program. 25 (i) An application for license renewal must contain 26 the information required under paragraphs (e) and (f). 27 Section 62. Subsections (3) and (4) are added to 28 section 400.474, Florida Statutes, to read: 29 400.474 Denial, suspension, revocation of license; 30 injunction; grounds.-- 31 (3) The agency may impose the following penalties for 56 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 operating without a license upon an owner who has in the past 2 operated, or who currently operates, a licensed home health 3 agency: 4 (a) If a home health agency that is found to be 5 operating without a license wishes to apply for a license, the 6 home health agency may submit an application only after the 7 agency has verified that the home health agency no longer 8 operates an unlicensed agency. 9 (b) Any person, partnership, or corporation that 10 violates paragraph (a) and that previously operated a licensed 11 home health agency or concurrently operates both a licensed 12 home health agency and an unlicensed home health agency 13 commits a felony of the third degree, punishable as provided 14 in s. 775.082, s. 775.083, or s. 775.084. If an owner has an 15 interest in more than one home health agency and fails to 16 license any one of those agencies, the agency shall issue a 17 cease and desist order for the activities of the unlicensed 18 home health agency and impose a moratorium on any or all of 19 the licensed agencies until the unlicensed home health agency 20 is licensed. 21 (c) If any home health agency meets the criteria in 22 paragraph (a) or paragraph (b) and that home health agency has 23 received any government reimbursement for services provided by 24 an unlicensed home health agency, the agency shall make a 25 fraud referral to the appropriate government reimbursement 26 program. 27 (4) The agency may deny, revoke, or suspend the 28 license of a home health agency if: 29 (a) An applicant or a licensed home health agency has 30 falsely represented a material fact in the application, or has 31 omitted from the application any material fact, including, but 57 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 not limited to, the fact that the controlling or ownership 2 interest is held by any officer, director, agent, manager, 3 employee, affiliated person, partner, or shareholder who may 4 not be eligible to participate. 5 (b) An applicant has been or is currently excluded, 6 suspended, or terminated from, or has involuntarily withdrawn 7 from, participation in the Medicaid program of this state or 8 any other state, the Medicare program, or any other 9 governmental health care or health insurance program. 10 Section 63. Present subsections (2), (3), (4), (5), 11 (6), (7), (8), (10), (11), (12), (13), (14), (15), and (16) of 12 section 400.506, Florida Statutes, are redesignated as 13 subsections (3), (4), (5), (6), (7), (8), (9), (11), (12), 14 (13), (14), (15), (16), and (17), respectively, present 15 subsection (9) of that section is redesignated as subsection 16 (10), and a new subsection (2) is added to that section, to 17 read: 18 400.506 Licensure of nurse registries; requirements; 19 penalties.-- 20 (2) Each applicant for licensure must comply with the 21 following requirements: 22 (a) Upon receipt of a completed, signed, and dated 23 application, the agency shall require background screening, in 24 accordance with the level 2 standards for screening set forth 25 in chapter 435, of the managing employee, or other similarly 26 titled individual who is responsible for the daily operation 27 of the nurse registry, and of the financial officer, or other 28 similarly titled individual who is responsible for the 29 financial operation of the registry, including billings for 30 patient care and services. The applicant shall comply with 31 the procedures for level 2 background screening as set forth 58 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 in chapter 435. 2 (b) The agency may require background screening of any 3 other individual who is an applicant if the agency has a 4 reasonable basis for believing that he or she has been 5 convicted of a crime or has committed any other offense 6 prohibited under the level 2 standards for screening set forth 7 in chapter 435. 8 (c) Proof of compliance with the level 2 background 9 screening requirements of chapter 435 which has been submitted 10 within the previous 5 years in compliance with any other 11 health care or assisted living licensure requirements of this 12 state is acceptable in fulfillment of the requirements of 13 paragraph (a). 14 (d) A provisional license may be granted to an 15 applicant when each individual required by this section to 16 undergo background screening has met the standards for the 17 abuse registry background check and the Department of Law 18 Enforcement background check but the agency has not yet 19 received background screening results from the Federal Bureau 20 of Investigation. A standard license may be granted to the 21 applicant upon the agency's receipt of a report of the results 22 of the Federal Bureau of Investigation background screening 23 for each individual required by this section to undergo 24 background screening which confirms that all standards have 25 been met, or upon the granting of a disqualification exemption 26 by the agency as set forth in chapter 435. Any other person 27 who is required to undergo level 2 background screening may 28 serve in his or her capacity pending the agency's receipt of 29 the report from the Federal Bureau of Investigation. However, 30 the person may not continue to serve if the report indicates 31 any violation of background screening standards and a 59 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 disqualification exemption has not been requested of and 2 granted by the agency as set forth in chapter 435. 3 (e) Each applicant must submit to the agency, with its 4 application, a description and explanation of any exclusions, 5 permanent suspensions, or terminations of the applicant from 6 the Medicare or Medicaid programs. Proof of compliance with 7 the requirements for disclosure of ownership and control 8 interests under the Medicaid or Medicare programs may be 9 accepted in lieu of this submission. 10 (f) Each applicant must submit to the agency a 11 description and explanation of any conviction of an offense 12 prohibited under the level 2 standards of chapter 435 by a 13 member of the board of directors of the applicant, its 14 officers, or any individual owning 5 percent or more of the 15 applicant. This requirement does not apply to a director of a 16 not-for-profit corporation or organization if the director 17 serves solely in a voluntary capacity for the corporation or 18 organization, does not regularly take part in the day-to-day 19 operational decisions of the corporation or organization, 20 receives no remuneration for his or her services on the 21 corporation or organization's board of directors, and has no 22 financial interest and has no family members with a financial 23 interest in the corporation or organization, provided that the 24 director and the not-for-profit corporation or organization 25 include in the application a statement affirming that the 26 director's relationship to the corporation satisfies the 27 requirements of this paragraph. 28 (g) A license may not be granted to an applicant if 29 the applicant or managing employee has been found guilty of, 30 regardless of adjudication, or has entered a plea of nolo 31 contendere or guilty to, any offense prohibited under the 60 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 level 2 standards for screening set forth in chapter 435, 2 unless an exemption from disqualification has been granted by 3 the agency as set forth in chapter 435. 4 (h) The agency may deny or revoke the license if any 5 applicant: 6 1. Has falsely represented a material fact in the 7 application required by paragraph (e) or paragraph (f), or has 8 omitted any material fact from the application required by 9 paragraph (e) or paragraph (f); or 10 2. Has had prior action taken against the applicant 11 under the Medicaid or Medicare program as set forth in 12 paragraph (e). 13 (i) An application for license renewal must contain 14 the information required under paragraphs (e) and (f). 15 Section 64. Present subsections (3), (6), (7), (8), 16 (9), (10), (11), (12), and (13) of section 400.509, Florida 17 Statutes, are redesignated as subsections (4), (7), (8), (9), 18 (10), (11), (12), (13), and (14), respectively, subsections 19 (4) and (5) of that section are redesignated as subsections 20 (5) and (6), respectively, and a new subsection (3) is added 21 to that section, to read: 22 400.509 Registration of particular service providers 23 exempt from licensure; certificate of registration; regulation 24 of registrants.-- 25 (3) Each applicant for registration must comply with 26 the following requirements: 27 (a) Upon receipt of a completed, signed, and dated 28 application, the agency shall require background screening, in 29 accordance with the level 1 standards for screening set forth 30 in chapter 435, of the individual providing the service. If 31 the applicant is a firm or partnership, the agency shall 61 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 require background screening of the managing employee, or 2 other similarly titled individual who is responsible for the 3 operation of the entity, and of the financial officer, or 4 other similarly titled individual who is responsible for the 5 financial operation of the entity, including billings for 6 client services, in accordance with the procedures for level 2 7 standards for background screening as set forth in chapter 8 435. 9 (b) The agency may require background screening of any 10 other individual who is an applicant if the agency has a 11 reasonable basis for believing that he or she has been 12 convicted of a crime or has committed any other offense 13 prohibited under the level 2 standards for screening set forth 14 in chapter 435. 15 (c) Proof of compliance with the level 2 background 16 screening requirements of chapter 435 which has been submitted 17 within the previous 5 years in compliance with any other 18 healthcare or assisted living licensure requirements of this 19 state is acceptable in fulfillment of the requirements of 20 paragraph (a). 21 (d) A provisional registration may be granted to an 22 applicant when each individual required by this section to 23 undergo background screening has met the standards for the 24 abuse registry background check and the Department of Law 25 Enforcement background check but the agency has not yet 26 received background screening results from the Federal Bureau 27 of Investigation. A standard registration may be granted to 28 the applicant upon the agency's receipt of a report of the 29 results of the Federal Bureau of Investigation background 30 screening for each individual required by this section to 31 undergo background screening which confirms that all standards 62 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 have been met, or upon the granting of a disqualification 2 exemption by the agency as set forth in chapter 435. Any other 3 person who is required to undergo level 2 background screening 4 may serve in his or her capacity pending the agency's receipt 5 of the report from the Federal Bureau of Investigation. 6 However, the person may not continue to serve if the report 7 indicates any violation of background screening standards and 8 a disqualification exemption has not been requested of and 9 granted by the agency as set forth in chapter 435. 10 (e) Each applicant must submit to the agency, with its 11 application, a description and explanation of any exclusions, 12 permanent suspensions, or terminations of the applicant from 13 the Medicare or Medicaid programs. Proof of compliance with 14 the requirements for disclosure of ownership and control 15 interests under the Medicaid or Medicare programs may be 16 accepted in lieu of this submission. 17 (f) Each applicant must submit to the agency a 18 description and explanation of any conviction of an offense 19 prohibited under the level 2 standards of chapter 435 by a 20 member of the board of directors of the applicant, its 21 officers, or any individual owning 5 percent or more of the 22 applicant. This requirement does not apply to a director of a 23 not-for-profit corporation or organization if the director 24 serves solely in a voluntary capacity for the corporation or 25 organization, does not regularly take part in the day-to-day 26 operational decisions of the corporation or organization, 27 receives no remuneration for his or her services on the 28 corporation or organization's board of directors, and has no 29 financial interest and has no family members with a financial 30 interest in the corporation or organization, provided that the 31 director and the not-for-profit corporation or organization 63 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 include in the application a statement affirming that the 2 director's relationship to the corporation satisfies the 3 requirements of this paragraph. 4 (g) A registration may not be granted to an applicant 5 if the applicant or managing employee has been found guilty 6 of, regardless of adjudication, or has entered a plea of nolo 7 contendere or guilty to, any offense prohibited under the 8 level 2 standards for screening set forth in chapter 435, 9 unless an exemption from disqualification has been granted by 10 the agency as set forth in chapter 435. 11 (h) The agency may deny or revoke the registration if 12 any applicant: 13 1. Has falsely represented a material fact in the 14 application required by paragraph (e) or paragraph (f), or has 15 omitted any material fact from the application required by 16 paragraph (e) or paragraph (f); or 17 2. Has had prior action taken against the applicant 18 under the Medicaid or Medicare program as set forth in 19 paragraph (e). 20 (i) An application for registration renewal must 21 contain the information required under paragraphs (e) and (f). 22 Section 65. Subsection (3), is added to section 23 400.555, Florida Statutes, to read: 24 400.555 Application for licensure.-- 25 (3) Each applicant for licensure must comply with the 26 following requirements: 27 (a) Upon receipt of a completed, signed, and dated 28 application, the agency shall require background screening of 29 the applicant, in accordance with the level 2 standards for 30 screening set forth in chapter 435. As used in this 31 subsection, the term "applicant" means the facility 64 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 administrator or similarly titled individual who is 2 responsible for the day-to-day operation of the licensed 3 facility and the facility financial officer or similarly 4 titled individual who is responsible for the financial 5 operation of the licensed facility. 6 (b) The agency may require background screening for a 7 member of the board of directors of the licensee or an officer 8 or an individual owning 5 percent or more of the licensee if 9 the agency reasonably suspects that such individual has been 10 convicted of an offense prohibited under the level 2 standards 11 for screening set forth in chapter 435. 12 (c) Proof of compliance with the level 2 background 13 screening requirements of chapter 435 which has been submitted 14 within the previous 5 years in compliance with any other 15 healthcare or assisted living licensure requirements of this 16 state is acceptable in fulfillment of the requirements of 17 paragraph (a). 18 (d) A provisional license may be granted to an 19 applicant when each individual required by this section to 20 undergo background screening has met the standards for the 21 abuse registry background check and the Department of Law 22 Enforcement background check but the agency has not yet 23 received background screening results from the Federal Bureau 24 of Investigation, or a request for a disqualification 25 exemption has been submitted to the agency as set forth in 26 chapter 435 but a response has not yet been issued. A 27 standard license may be granted to the applicant upon the 28 agency's receipt of a report of the results of the Federal 29 Bureau of Investigation background screening for each 30 individual required by this section to undergo background 31 screening which confirms that all standards have been met, or 65 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 upon the granting of a disqualification exemption by the 2 agency as set forth in chapter 435. Any other person who is 3 required to undergo level 2 background screening may serve in 4 his or her capacity pending the agency's receipt of the report 5 from the Federal Bureau of Investigation. However, the person 6 may not continue to serve if the report indicates any 7 violation of background screening standards and a 8 disqualification exemption has not been requested of and 9 granted by the agency as set forth in chapter 435. 10 (e) Each applicant must submit to the agency, with its 11 application, a description and explanation of any exclusions, 12 permanent suspensions, or terminations of the applicant from 13 the Medicare or Medicaid programs. Proof of compliance with 14 disclosure of ownership and control interest requirements of 15 the Medicaid or Medicare programs may be accepted in lieu of 16 this submission. 17 (f) Each applicant must submit to the agency a 18 description and explanation of any conviction of an offense 19 prohibited under the level 2 standards of chapter 435 by a 20 member of the board of directors of the applicant, its 21 officers, or any individual owning 5 percent or more of the 22 applicant. This requirement shall not apply to a director of a 23 not-for-profit corporation or organization if the director 24 serves solely in a voluntary capacity for the corporation or 25 organization, does not regularly take part in the day-to-day 26 operational decisions of the corporation or organization, 27 receives no remuneration for his or her services on the 28 corporation or organization's board of directors, and has no 29 financial interest and has no family members with a financial 30 interest in the corporation or organization, provided that the 31 director and the not-for-profit corporation or organization 66 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 include in the application a statement affirming that the 2 director's relationship to the corporation satisfies the 3 requirements of this paragraph. 4 (g) A license may not be granted to an applicant if 5 the applicant, operator, or financial officer has been found 6 guilty of, regardless of adjudication, or has entered a plea 7 of nolo contendere or guilty to, any offense prohibited under 8 the level 2 standards for screening set forth in chapter 435, 9 unless an exemption from disqualification has been granted by 10 the agency as set forth in chapter 435. 11 (h) The agency may deny or revoke licensure if the 12 applicant: 13 1. Has falsely represented a material fact in the 14 application required by paragraph (e) or paragraph (f), or has 15 omitted any material fact from the application required by 16 paragraph (e) or paragraph (f); or 17 2. Has had prior action taken against the applicant 18 under the Medicaid or Medicare program as set forth in 19 paragraph (e). 20 (i) An application for license renewal must contain 21 the information required under paragraphs (e) and (f). 22 Section 66. Section 400.5572, Florida Statutes, is 23 created to read: 24 400.5572 Background screening.-- 25 (1) The center owner or operator shall conduct level 1 26 background screening, as set forth in chapter 435, on all 27 employees hired on or after October 1, 1998, who perform basic 28 or supportive and optional services defined in s. 400.551. 29 The agency may exempt an individual from employment 30 disqualification as set forth in chapter 435. 31 (2) Proof of compliance with the level 1 background 67 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 screening requirements of chapter 435 may be satisfied as 2 follows: 3 (a) The employee or applicant for employment has had a 4 level 1 background screening to qualify for a professional 5 license in this state. Proof of compliance with the level 1 6 screening requirements must be accompanied, under penalty of 7 perjury, by a copy of the applicant's current professional 8 license and an affidavit of compliance with the level 1 9 screening requirements. 10 (b) The employee or applicant for employment has been 11 continuously employed in the same type of occupation for which 12 the person is seeking employment without a breach in service 13 that exceeds 180 days, and proof of compliance with the level 14 1 screening requirement is no more than 2 years old. Proof of 15 compliance shall be provided directly from one employer or 16 contractor to another, and a potential employer or contractor 17 may not accept any proof of compliance directly from the 18 person who was screened. Upon request, proof of completion of 19 the level 1 screening requirements of this section shall be 20 provided by the employer retaining documentation of the 21 screening to the person who was screened. 22 (c) The employee or applicant seeking employment is 23 employed by a corporation or business entity or related 24 corporation or business entity that owns, operates, or manages 25 more than one facility or agency licensed under chapter 400 26 for whom a level 1 screening was conducted by the corporation 27 or business entity as a condition of initial employment or 28 continued employment. 29 (3) When an employee, volunteer, operator, or owner of 30 a facility has a confirmed report of adult abuse, neglect, or 31 exploitation, as defined in s. 415.102, and the protective 68 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 investigator knows that the individual is an employee, 2 volunteer, operator, or owner of a center, the agency must be 3 notified of the confirmed report. 4 Section 67. Present subsections (2), (3), (4), and (5) 5 of section 400.606, Florida Statutes, are redesignated as 6 subsections (3), (4), (5), and (6) and a new subsection (2) is 7 added to that section to read: 8 400.606 License; application; renewal; conditional 9 license or permit; certificate of need.-- 10 (2) Each applicant for licensure must comply with the 11 following requirements: 12 (a) Upon receipt of a completed, signed, and dated 13 application, the agency shall require background screening of 14 the applicant, in accordance with the level 2 standards for 15 screening set forth in chapter 435. As used in this 16 subsection, the term "applicant" means the facility 17 administrator or similarly titled individual who is 18 responsible for the day-to-day operation of the licensed 19 facility and the facility financial officer or similarly 20 titled individual who is responsible for the financial 21 operation of the licensed facility. 22 (b) The agency may require background screening for a 23 member of the board of directors of the licensee or an officer 24 or an individual owning 5 percent or more of the licensee if 25 the agency reasonably suspects that such individual has been 26 convicted of an offense prohibited under the level 2 standards 27 for screening set forth in chapter 435. 28 (c) Proof of compliance with the level 2 background 29 screening requirements of chapter 435 which has been submitted 30 within the previous 5 years in compliance with any other 31 health care or assisted living licensure requirements of this 69 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 state is acceptable in fulfillment of paragraph (a). 2 (d) A provisional license may be granted to an 3 applicant when each individual required by this section to 4 undergo background screening has met the standards for the 5 abuse registry background check and the Department of Law 6 Enforcement background check but the agency has not yet 7 received background screening results from the Federal Bureau 8 of Investigation. A standard license may be granted to the 9 applicant upon the agency's receipt of a report of the results 10 of the Federal Bureau of Investigation background screening 11 for each individual required by this section to undergo 12 background screening which confirms that all standards have 13 been met, or upon the granting of a disqualification exemption 14 by the agency as set forth in chapter 435. Any other person 15 who is required to undergo level 2 background screening may 16 serve in his or her capacity pending the agency's receipt of 17 the report from the Federal Bureau of Investigation. However, 18 the person may not continue to serve if the report indicates 19 any violation of background screening standards and a 20 disqualification exemption has not been requested of and 21 granted by the agency as set forth in chapter 435. 22 (e) Each applicant must submit to the agency, with its 23 application, a description and explanation of any exclusions, 24 permanent suspensions, or terminations of the applicant from 25 the Medicare or Medicaid programs. Proof of compliance with 26 disclosure of ownership and control interest requirements of 27 the Medicaid or Medicare programs may be accepted in lieu of 28 this submission. 29 (f) Each applicant must submit to the agency a 30 description and explanation of any conviction of an offense 31 prohibited under the level 2 standards of chapter 435 by a 70 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 member of the board of directors of the applicant, its 2 officers, or any individual owning 5 percent or more of the 3 applicant. This requirement does not apply to a director of a 4 not-for-profit corporation or organization if the director 5 serves solely in a voluntary capacity for the corporation or 6 organization, does not regularly take part in the day-to-day 7 operational decisions of the corporation or organization, 8 receives no remuneration for his or her services on the 9 corporation or organization's board of directors, and has no 10 financial interest and has no family members with a financial 11 interest in the corporation or organization, provided that the 12 director and the not-for-profit corporation or organization 13 include in the application a statement affirming that the 14 director's relationship to the corporation satisfies the 15 requirements of this paragraph. 16 (g) A license may not be granted to an applicant if 17 the applicant, managing employee, or financial officer has 18 been found guilty of, regardless of adjudication, or has 19 entered a plea of nolo contendere or guilty to, any offense 20 prohibited under the level 2 standards for screening set forth 21 in chapter 435, unless an exemption from disqualification has 22 been granted by the agency as set forth in chapter 435. 23 (h) The agency may deny or revoke licensure if the 24 applicant: 25 1. Has falsely represented a material fact in the 26 application required by paragraph (e) or paragraph (f), or has 27 omitted any material fact from the application required by 28 paragraph (e) or paragraph (f); or 29 2. Has had prior action taken against the applicant 30 under the Medicaid or Medicare program as set forth in 31 paragraph (e). 71 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (i) An application for license renewal must contain 2 the information required under paragraphs (e) and (f). 3 Section 68. Subsection (4) of section 400.619, Florida 4 Statutes, is amended, present subsections (5), (6), (7), (8), 5 (9), (10), (12), and (13) of that section are redesignated as 6 subsections (11), (12), (13), (14), (15), (16), (18) and (19), 7 respectively, present subsection (11) is redesignated as 8 subsection (17) and amended, and new subsections (5), (6), 9 (7), (8), (9), and (10), are added to that section, to read: 10 400.619 Licensure requirements.-- 11 (4) Upon receipt of a completed, signed, and dated 12 license application and the fee, the agency must initiate 13 background screening using the level 1 standards for screening 14 which are set forth in chapter 435 for check with the abuse 15 registry and the Department of Law Enforcement concerning the 16 adult family-care home applicant, designated relief persons, 17 all adult household members, and all staff members. The 18 applicant must comply with the procedures for background 19 screening as set forth in chapter 435. The agency shall also 20 conduct an onsite visit to the home that is to be licensed. 21 (5) Proof of compliance with the level 1 background 22 screening requirements of chapter 435 which has been submitted 23 within the previous 5 years in compliance with any other 24 healthcare or assisted living licensure requirements of this 25 state is acceptable in fulfillment of the required level 1 26 background screening of the applicant. 27 (6) Proof of compliance with the level 1 background 28 screening requirements of chapter 435 may be satisfied as 29 follows: 30 (a) The applicant, adult household member, staff 31 person, or designated relief person has had a level 1 72 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 background screening to qualify for a professional license in 2 this state. Proof of compliance with the level 1 screening 3 requirement must be accompanied, under penalty of perjury, by 4 a copy of the applicant's current professional license and an 5 affidavit of compliance with the level 1 screening 6 requirement. 7 (b) The applicant, adult household member, staff 8 person, or designated relief person has been continuously 9 employed in the same type of occupation for which the person 10 is seeking employment without a breach in service that exceeds 11 180 days, and proof of compliance with the level 1 screening 12 requirement is no more than 2 years old. Proof of compliance 13 shall be provided directly from one employer or contractor to 14 another, and a potential employer or contractor may not accept 15 any proof of compliance directly from the person who was 16 screened. Upon request, proof of completion of the level 1 17 screening requirement of this section shall be provided by the 18 employer retaining documentation of the screening to the 19 person who was screened. 20 (7) The application must be accompanied by an 21 affidavit, under penalty of perjury, providing the following 22 information regarding the applicant: 23 (a) A description and explanation of any exclusions, 24 permanent suspensions, or terminations of the applicant from 25 participation in the Medicaid or Medicare programs or any 26 other governmental healthcare or governmental health insurance 27 program. 28 (b) Proof of compliance by the applicant with the 29 level 1 background screening standards as set forth in chapter 30 435, and by all adult household members, all staff, and all 31 relief persons with the level 1 background screening standards 73 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 set forth in chapter 435. 2 (8) A license may not be granted to any applicant if 3 the applicant, adult household member, staff member, or 4 designated relief person has been found guilty of, regardless 5 of adjudication, or has entered a plea of nolo contendere or 6 guilty to, any offense prohibited under the level 1 standards 7 for screening set forth in chapter 435, unless an exemption 8 from disqualification has been granted by the agency as set 9 forth in chapter 435. 10 (17)(11) The agency may deny, suspend, or revoke a 11 license for any of the following reasons: 12 (a) A confirmed report, obtained under s. 415.1075, of 13 abuse, neglect, or exploitation, or conviction of a crime 14 related to abuse, neglect, or exploitation. 15 (b) A proposed confirmed report that remains unserved 16 and is maintained in the central abuse registry and tracking 17 system pursuant to s. 415.1065(2)(c). 18 (c) An intentional or negligent act materially 19 affecting the health, safety, or welfare of the adult 20 family-care home residents. 21 (d) A violation of ss. 400.616-400.629 or rules 22 adopted under ss. 400.616-400.629, including the failure to 23 comply with any restrictions specified in the license. 24 (e) Submission of fraudulent or inaccurate information 25 to the agency. 26 (f) Conviction of a felony involving violence to a 27 person. 28 (g) Failure to pay a civil penalty assessed under this 29 part. 30 (h) Has had prior Medicaid or Medicare action taken 31 against the applicant as set forth in subsection (8). 74 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 Section 69. Section 400.801, Florida Statutes, is 2 amended to read: 3 400.801 Homes for special services.-- 4 (1) As used in this section, the term: 5 (a) "Agency" means the "Agency for Health Care 6 Administration." 7 (b) "Home for special services" means a site where 8 specialized health care services are provided, including 9 personal and custodial care, but not continuous nursing 10 services. 11 (2) A person must obtain a license from the agency to 12 operate a home for special services. A license is valid for 1 13 year. 14 (3) The application for a license under this section 15 must be made on a form provided by the agency. A 16 nonrefundable license fee of not more than $1,000 must be 17 submitted with the license application. 18 (4) Each applicant for licensure must comply with the 19 following requirements: 20 (a) Upon receipt of a completed, signed, and dated 21 application, the agency shall require background screening, in 22 accordance with the level 2 standards for screening set forth 23 in chapter 435, of the managing employee, or other similarly 24 titled individual who is responsible for the daily operation 25 of the facility, and of the financial officer, or other 26 similarly titled individual who is responsible for the 27 financial operation of the facility, including billings for 28 client care and services, in accordance with the level 2 29 standards for screening set forth in chapter 435. The 30 applicant must comply with the procedures for level 2 31 background screening as set forth in chapter 435. 75 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (b) The agency may require background screening of any 2 other individual who is an applicant if the agency has a 3 reasonable basis for believing that he or she has been 4 convicted of a crime or has committed any other offense 5 prohibited under the level 2 standards for screening set forth 6 in chapter 435. 7 (c) Proof of compliance with the level 2 background 8 screening requirements of chapter 435 which has been submitted 9 within the previous 5 years in compliance with any other 10 health care or assisted living licensure requirements of this 11 state is acceptable in fulfillment of the requirements of 12 paragraph (a). 13 (d) A provisional license may be granted to an 14 applicant when each individual required by this section to 15 undergo background screening has met the standards for the 16 abuse registry background check and the Department of Law 17 Enforcement background check but the agency has not yet 18 received background screening results from the Federal Bureau 19 of Investigation, or a request for a disqualification 20 exemption has been submitted to the agency as set forth in 21 chapter 435 but a response has not yet been issued. A standard 22 license may be granted to the applicant upon the agency's 23 receipt of a report of the results of the Federal Bureau of 24 Investigation background screening for each individual 25 required by this section to undergo background screening which 26 confirms that all standards have been met, or upon the 27 granting of a disqualification exemption by the agency as set 28 forth in chapter 435. Any other person who is required to 29 undergo level 2 background screening may serve in his or her 30 capacity pending the agency's receipt of the report from the 31 Federal Bureau of Investigation. However, the person may not 76 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 continue to serve if the report indicates any violation of 2 background screening standards and a disqualification 3 exemption has not been requested of and granted by the agency 4 as set forth in chapter 435. 5 (e) Each applicant must submit to the agency, with its 6 application, a description and explanation of any exclusions, 7 permanent suspensions, or terminations of the applicant from 8 the Medicare or Medicaid programs. Proof of compliance with 9 the requirements for disclosure of ownership and control 10 interests under the Medicaid or Medicare programs may be 11 accepted in lieu of this submission. 12 (f) Each applicant must submit to the agency a 13 description and explanation of any conviction of an offense 14 prohibited under the level 2 standards of chapter 435 by a 15 member of the board of directors of the applicant, its 16 officers, or any individual owning 5 percent or more of the 17 applicant. This requirement does not apply to a director of a 18 not-for-profit corporation or organization if the director 19 serves solely in a voluntary capacity for the corporation or 20 organization, does not regularly take part in the day-to-day 21 operational decisions of the corporation or organization, 22 receives no remuneration for his or her services on the 23 corporation or organization's board of directors, and has no 24 financial interest and has no family members with a financial 25 interest in the corporation or organization, provided that the 26 director and the not-for-profit corporation or organization 27 include in the application a statement affirming that the 28 director's relationship to the corporation satisfies the 29 requirements of this paragraph. 30 (g) A license may not be granted to an applicant if 31 the applicant or managing employee has been found guilty of, 77 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 regardless of adjudication, or has entered a plea of nolo 2 contendere or guilty to, any offense prohibited under the 3 level 2 standards for screening set forth in chapter 435, 4 unless an exemption from disqualification has been granted by 5 the agency as set forth in chapter 435. 6 (h) The agency may deny or revoke licensure if the 7 applicant: 8 1. Has falsely represented a material fact in the 9 application required by paragraph (e) or paragraph (f), or has 10 omitted any material fact from the application required by 11 paragraph (e) or paragraph (f); or 12 2. Has had prior action taken against the applicant 13 under the Medicaid or Medicare program as set forth in 14 paragraph (e). 15 (i) An application for license renewal must contain 16 the information required under paragraphs (e) and (f). 17 (5)(4) Application for license renewal must be 18 submitted 90 days before the expiration of the license. 19 (6)(5) A change of ownership or control of a home for 20 special services must be reported to the agency in writing at 21 least 60 days before the change is scheduled to take effect. 22 (7)(6) The agency shall adopt rules for implementing 23 and enforcing this section. 24 (8)(7)(a) It is unlawful for any person to establish, 25 conduct, manage, or operate a home for special services 26 without obtaining a license from the agency. 27 (b) It is unlawful for any person to offer or 28 advertise to the public, in any medium whatever, specialized 29 health care services without obtaining a license from the 30 agency. 31 (c) It is unlawful for a holder of a license issued 78 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 under this section to advertise or represent to the public 2 that it holds a license for a type of facility other than the 3 facility for which its license is issued. 4 (9)(8)(a) A violation of any provision of this section 5 or rules adopted by the agency for implementing this section 6 is punishable by payment of an administrative fine not to 7 exceed $5,000. 8 (b) A violation of subsection (8)(7) or rules adopted 9 under that subsection is a misdemeanor of the first degree, 10 punishable as provided in s. 775.082 or s. 775.083. Each day 11 of continuing violation is a separate offense. 12 Section 70. Present subsections (4), (5), and (6) of 13 section 400.805, Florida Statutes, are redesignated as 14 subsections (5), (6), and (7), respectively, present 15 subsections (3) and (7) of that section are redesignated as 16 subsections (4) and (8), respectively, and amended, and a new 17 subsection (3) is added to that section, to read: 18 400.805 Transitional living facilities.-- 19 (3) Each applicant for licensure must comply with the 20 following requirements: 21 (a) Upon receipt of a completed, signed, and dated 22 application, the agency shall require background screening, in 23 accordance with the level 2 standards for screening set forth 24 in chapter 435, of the managing employee, or other similarly 25 titled individual who is responsible for the daily operation 26 of the facility, and of the financial officer, or other 27 similarly titled individual who is responsible for the 28 financial operation of the facility, including billings for 29 client care and services. The applicant must comply with the 30 procedures for level 2 background screening as set forth in 31 chapter 435. 79 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (b) The agency may require background screening of any 2 other individual who is an applicant if the agency has a 3 reasonable basis for believing that he or she has been 4 convicted of a crime or has committed any other offense 5 prohibited under the level 2 standards for screening set forth 6 in chapter 435. 7 (c) Proof of compliance with the level 2 background 8 screening requirements of chapter 435 which has been submitted 9 within the previous 5 years in compliance with any other 10 health care or assisted living licensure requirements of this 11 state is acceptable in fulfillment of the requirements of 12 paragraph (a). 13 (d) A provisional license may be granted to an 14 applicant when each individual required by this section to 15 undergo background screening has met the standards for the 16 abuse registry background check and the Department of Law 17 Enforcement background check, but the agency has not yet 18 received background screening results from the Federal Bureau 19 of Investigation, or a request for a disqualification 20 exemption has been submitted to the agency as set forth in 21 chapter 435 but a response has not yet been issued. A standard 22 license may be granted to the applicant upon the agency's 23 receipt of a report of the results of the Federal Bureau of 24 Investigation background screening for each individual 25 required by this section to undergo background screening which 26 confirms that all standards have been met, or upon the 27 granting of a disqualification exemption by the agency as set 28 forth in chapter 435. Any other person who is required to 29 undergo level 2 background screening may serve in his or her 30 capacity pending the agency's receipt of the report from the 31 Federal Bureau of Investigation. However, the person may not 80 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 continue to serve if the report indicates any violation of 2 background screening standards and a disqualification 3 exemption has not been requested of and granted by the agency 4 as set forth in chapter 435. 5 (e) Each applicant must submit to the agency, with its 6 application, a description and explanation of any exclusions, 7 permanent suspensions, or terminations of the applicant from 8 the Medicare or Medicaid programs. Proof of compliance with 9 the requirements for disclosure of ownership and control 10 interests under the Medicaid or Medicare programs may be 11 accepted in lieu of this submission. 12 (f) Each applicant must submit to the agency a 13 description and explanation of any conviction of an offense 14 prohibited under the level 2 standards of chapter 435 by a 15 member of the board of directors of the applicant, its 16 officers, or any individual owning 5 percent or more of the 17 applicant. This requirement does not apply to a director of a 18 not-for-profit corporation or organization if the director 19 serves solely in a voluntary capacity for the corporation or 20 organization, does not regularly take part in the day-to-day 21 operational decisions of the corporation or organization, 22 receives no remuneration for his or her services on the 23 corporation or organization's board of directors, and has no 24 financial interest and has no family members with a financial 25 interest in the corporation or organization, provided that the 26 director and the not-for-profit corporation or organization 27 include in the application a statement affirming that the 28 director's relationship to the corporation satisfies the 29 requirements of this paragraph. 30 (g) A license may not be granted to an applicant if 31 the applicant or managing employee has been found guilty of, 81 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 regardless of adjudication, or has entered a plea of nolo 2 contendere or guilty to, any offense prohibited under the 3 level 2 standards for screening set forth in chapter 435, 4 unless an exemption from disqualification has been granted by 5 the agency as set forth in chapter 435. 6 (h) The agency may deny or revoke licensure if the 7 applicant: 8 1. Has falsely represented a material fact in the 9 application required by paragraph (e) or paragraph (f), or has 10 omitted any material fact from the application required by 11 paragraph (e) or paragraph (f); or 12 2. Has had prior action taken against the applicant 13 under the Medicaid or Medicare program as set forth in 14 paragraph (e). 15 (i) An application for license renewal must contain 16 the information required under paragraphs (e) and (f). 17 (4)(3) An application for renewal of license must be 18 submitted 90 days before the expiration of the license. Upon 19 renewal of licensure, each applicant must submit to the 20 agency, under penalty of perjury, an affidavit as set forth in 21 s. 400.805(3)(d). 22 (8)(7)(a) A violation of any provision of this section 23 or rules adopted by the agency or division under this section 24 is punishable by payment of an administrative or a civil 25 penalty fine not to exceed $5,000. 26 (b) A violation of subsection (7)(6) or rules adopted 27 under that subsection is a misdemeanor of the first degree, 28 punishable as provided in s. 775.082 or s. 775.083. Each day 29 of a continuing violation is a separate offense. 30 Section 71. Section 483.101, Florida Statutes, is 31 amended to read: 82 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 483.101 Application for clinical laboratory license.-- 2 (1) An application for a clinical laboratory license 3 must be made under oath by the owner or director operator of 4 the clinical laboratory or by the public official responsible 5 for operating a state, municipal, or county clinical 6 laboratory or institution that contains a clinical laboratory, 7 upon forms provided by the agency. 8 (2) Each applicant for licensure must comply with the 9 following requirements: 10 (a) Upon receipt of a completed, signed, and dated 11 application, the agency shall require background screening, in 12 accordance with the level 2 standards for screening set forth 13 in chapter 435, of the director and of the financial officer, 14 or other similarly titled individual who is responsible for 15 the financial operation of the laboratory, including billings 16 for patient services. The applicant must comply with the 17 procedures for level 2 background screening as set forth in 18 chapter 435. 19 (b) The agency may require background screening of any 20 other individual who is an applicant if the agency has a 21 reasonable basis for believing that he or she has been 22 convicted of a crime or has committed any other offense 23 prohibited under the level 2 standards for screening set forth 24 in chapter 435. 25 (c) Proof of compliance with the level 2 background 26 screening requirements of chapter 435 which has been submitted 27 within the previous 5 years in compliance with any other 28 health care licensure requirements of this state is acceptable 29 in fulfillment of the requirements of paragraph (a). 30 (d) A provisional license may be granted to an 31 applicant when each individual required by this section to 83 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 undergo background screening has met the standards for the 2 abuse registry background check and the Department of Law 3 Enforcement background check but the agency has not yet 4 received background screening results from the Federal Bureau 5 of Investigation, or a request for a disqualification 6 exemption has been submitted to the agency as set forth in 7 chapter 435 but a response has not yet been issued. A license 8 may be granted to the applicant upon the agency's receipt of a 9 report of the results of the Federal Bureau of Investigation 10 background screening for each individual required by this 11 section to undergo background screening which confirms that 12 all standards have been met, or upon the granting of a 13 disqualification exemption by the agency as set forth in 14 chapter 435. Any other person who is required to undergo level 15 2 background screening may serve in his or her capacity 16 pending the agency's receipt of the report from the Federal 17 Bureau of Investigation. However, the person may not continue 18 to serve if the report indicates any violation of background 19 screening standards and a disqualification exemption has not 20 been requested of and granted by the agency as set forth in 21 chapter 435. 22 (e) Each applicant must submit to the agency, with its 23 application, a description and explanation of any exclusions, 24 permanent suspensions, or terminations of the applicant from 25 the Medicare or Medicaid programs. Proof of compliance with 26 the requirements for disclosure of ownership and control 27 interests under the Medicaid or Medicare programs may be 28 accepted in lieu of this submission. 29 (f) Each applicant must submit to the agency a 30 description and explanation of any conviction of an offense 31 prohibited under the level 2 standards of chapter 435 by a 84 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 member of the board of directors of the applicant, its 2 officers, or any individual owning 5 percent or more of the 3 applicant. This requirement does not apply to a director of a 4 not-for-profit corporation or organization if the director 5 serves solely in a voluntary capacity for the corporation or 6 organization, does not regularly take part in the day-to-day 7 operational decisions of the corporation or organization, 8 receives no remuneration for his or her services on the 9 corporation or organization's board of directors, and has no 10 financial interest and has no family members with a financial 11 interest in the corporation or organization, provided that the 12 director and the not-for-profit corporation or organization 13 include in the application a statement affirming that the 14 director's relationship to the corporation satisfies the 15 requirements of this paragraph. 16 (g) A license may not be granted to an applicant if 17 the applicant or managing employee has been found guilty of, 18 regardless of adjudication, or has entered a plea of nolo 19 contendere or guilty to, any offense prohibited under the 20 level 2 standards for screening set forth in chapter 435, 21 unless an exemption from disqualification has been granted by 22 the agency as set forth in chapter 435. 23 (h) The agency may deny or revoke licensure if the 24 applicant: 25 1. Has falsely represented a material fact in the 26 application required by paragraph (e) or paragraph (f), or has 27 omitted any material fact from the application required by 28 paragraph (e) or paragraph (f); or 29 2. Has had prior action taken against the applicant 30 under the Medicaid or Medicare program as set forth in 31 paragraph (e). 85 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 (i) An application for license renewal must contain 2 the information required under paragraphs (e) and (f). 3 (3) A license must be issued authorizing the 4 performance of one or more clinical laboratory procedures or 5 one or more tests on each specialty or subspecialty. A 6 separate license is required of all laboratories maintained on 7 separate premises even if the laboratories are operated under 8 the same management. Upon receipt of a request for an 9 application for a clinical laboratory license, the agency 10 shall provide to the applicant a copy of the rules relating to 11 licensure and operations applicable to the laboratory for 12 which licensure is sought. 13 Section 72. Section 483.30, Florida Statutes, is 14 amended to read: 15 483.30 Licensing of centers.-- 16 (1) A person may not conduct, maintain, or operate a 17 multiphasic health testing center in this state without 18 obtaining a multiphasic health testing center license from the 19 agency. The license is valid only for the person or persons 20 to whom it is issued and may not be sold, assigned, or 21 transferred, voluntarily or involuntarily. A license is not 22 valid for any premises other than the center for which it is 23 issued. However, a new license may be secured for the new 24 location for a fixed center before the actual change, if the 25 contemplated change is in compliance with this part and the 26 rules adopted under this part. A center must be relicensed if 27 a change of ownership occurs. Application for relicensure 28 must be made 60 days before the change of ownership. 29 (2) Each applicant for licensure must comply with the 30 following requirements: 31 (a) Upon receipt of a completed, signed, and dated 86 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 application, the agency shall require background screening, in 2 accordance with the level 2 standards for screening set forth 3 in chapter 435, of the managing employee, or other similarly 4 titled individual who is responsible for the daily operation 5 of the center, and of the financial officer, or other 6 similarly titled individual who is responsible for the 7 financial operation of the center, including billings for 8 patient services. The applicant must comply with the 9 procedures for level 2 background screening as set forth in 10 chapter 435. 11 (b) The agency may require background screening of any 12 other individual who is an applicant if the agency has a 13 reasonable basis for believing that he or she has been 14 convicted of a crime or has committed any other offense 15 prohibited under the level 2 standards for screening set forth 16 in chapter 435. 17 (c) Proof of compliance with the level 2 background 18 screening requirements of chapter 435 which has been submitted 19 within the previous 5 years in compliance with any other 20 health care licensure requirements of this state is acceptable 21 in fulfillment of the requirements of paragraph (a). 22 (d) A provisional license may be granted to an 23 applicant when each individual required by this section to 24 undergo background screening has met the standards for the 25 abuse registry background check and the Department of Law 26 Enforcement background check, but the agency has not yet 27 received background screening results from the Federal Bureau 28 of Investigation, or a request for a disqualification 29 exemption has been submitted to the agency as set forth in 30 chapter 435 but a response has not yet been issued. A license 31 may be granted to the applicant upon the agency's receipt of a 87 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 report of the results of the Federal Bureau of Investigation 2 background screening for each individual required by this 3 section to undergo background screening which confirms that 4 all standards have been met, or upon the granting of a 5 disqualification exemption by the agency as set forth in 6 chapter 435. Any other person who is required to undergo level 7 2 background screening may serve in his or her capacity 8 pending the agency's receipt of the report from the Federal 9 Bureau of Investigation. However, the person may not continue 10 to serve if the report indicates any violation of background 11 screening standards and a disqualification exemption has not 12 been requested of and granted by the agency as set forth in 13 chapter 435. 14 (e) Each applicant must submit to the agency, with its 15 application, a description and explanation of any exclusions, 16 permanent suspensions, or terminations of the applicant from 17 the Medicare or Medicaid programs. Proof of compliance with 18 the requirements for disclosure of ownership and control 19 interests under the Medicaid or Medicare programs may be 20 accepted in lieu of this submission. 21 (f) Each applicant must submit to the agency a 22 description and explanation of any conviction of an offense 23 prohibited under the level 2 standards of chapter 435 by a 24 member of the board of directors of the applicant, its 25 officers, or any individual owning 5 percent or more of the 26 applicant. This requirement does not apply to a director of a 27 not-for-profit corporation or organization if the director 28 serves solely in a voluntary capacity for the corporation or 29 organization, does not regularly take part in the day-to-day 30 operational decisions of the corporation or organization, 31 receives no remuneration for his or her services on the 88 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 corporation or organization's board of directors, and has no 2 financial interest and has no family members with a financial 3 interest in the corporation or organization, provided that the 4 director and the not-for-profit corporation or organization 5 include in the application a statement affirming that the 6 director's relationship to the corporation satisfies the 7 requirements of this paragraph. 8 (g) A license may not be granted to an applicant if 9 the applicant or managing employee has been found guilty of, 10 regardless of adjudication, or has entered a plea of nolo 11 contendere or guilty to, any offense prohibited under the 12 level 2 standards for screening set forth in chapter 435, 13 unless an exemption from disqualification has been granted by 14 the agency as set forth in chapter 435. 15 (h) The agency may deny or revoke licensure if the 16 applicant: 17 1. Has falsely represented a material fact in the 18 application required by paragraph (e) or paragraph (f), or has 19 omitted any material fact from the application required by 20 paragraph (e) or paragraph (f); or 21 2. Has had prior action taken against the applicant 22 under the Medicaid or Medicare program as set forth in 23 paragraph (e). 24 (i) An application for license renewal must contain 25 the information required under paragraphs (e) and (f). 26 Section 73. Two full-time positions are allocated to 27 the Agency for Health Care Administration to implement and 28 administer a background screening exemption program pursuant 29 to section 400.4174, Florida Statutes, as amended by this act, 30 section 400.5572, Florida Statutes, as created by this act, 31 and chapter 435, Florida Statutes, and the sum of $127,350 is 89 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 appropriated from the Health Care Trust Fund for this purpose. 2 Section 74. The provisions of this act which require 3 an applicant for licensure, certification, or registration to 4 undergo background screening shall apply to any individual or 5 entity that applies, on or after July 1, 1998, for renewal of 6 a license, certificate, or registration that is subject to the 7 background screening required by this act. 8 9 [Renumber subsequent section(s).] 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 4, line 17, after the semicolon 15 16 insert: 17 amending s. 112.0455, F.S., relating to the 18 Drug-Free Workplace Act; requiring background 19 screening for an applicant for licensure of 20 certain laboratories; creating s. 381.60225, 21 F.S.; requiring background screening for an 22 applicant for certification to operate an organ 23 procurement organization, a tissue bank, or an 24 eye bank; amending s. 383.302, F.S., relating 25 to the regulation of birth centers; revising 26 definitions to reflect the transfer of 27 regulatory authority from the Department of 28 Health and Rehabilitative Services to the 29 Agency for Health Care Administration; amending 30 s. 383.305, F.S.; requiring background 31 screening for an applicant for licensure of a 90 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 birth center; amending s. 390.015, F.S.; 2 requiring background screening for an applicant 3 for licensure of an abortion clinic; amending 4 s. 391.206, F.S.; requiring background 5 screening for an applicant for licensure to 6 operate a pediatric extended care center; 7 amending s. 393.067, F.S.; requiring background 8 screening for an applicant for licensure to 9 operate an intermediate care facility for the 10 developmentally disabled; amending s. 394.67, 11 F.S., relating to community alcohol, drug 12 abuse, and mental health services; revising 13 definitions; amending s. 394.875, F.S.; 14 requiring background screening for an applicant 15 for licensure of a crisis stabilization unit or 16 residential treatment facility; amending s. 17 395.002, F.S., relating to hospital licensing 18 and regulation; providing definitions; creating 19 s. 395.0055, F.S.; requiring background 20 screening for an applicant for licensure of a 21 facility operated under ch. 395, F.S.; amending 22 s. 395.0199, F.S.; requiring background 23 screening for an applicant for registration as 24 a utilization review agent; amending s. 25 400.071, F.S.; requiring background screening 26 for an applicant for licensure of a nursing 27 home; amending s. 400.411, F.S.; requiring 28 background screening for an applicant for 29 licensure of an assisted living facility; 30 amending ss. 400.414, 400.417, 400.4174, 31 400.4176, F.S., relating to the regulation of 91 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 assisted living facilities; providing 2 additional grounds for denial, revocation, or 3 suspension of a license; requiring background 4 screening for employees hired on or after a 5 specified date; amending s. 400.471, F.S.; 6 requiring background screening for an applicant 7 for licensure of a home health agency; revising 8 requirements for license renewal; amending s. 9 400.474, F.S.; providing penalties for 10 operating a home health agency without a 11 license; amending s. 400.506, F.S.; requiring 12 background screening for an applicant for 13 licensure of a nurse registry; amending s. 14 400.509, F.S.; requiring background screening 15 for an applicant for registration as a service 16 provider who is exempt from licensure; amending 17 s. 400.555, F.S.; requiring background 18 screening for an applicant for licensure of an 19 adult day care center; creating s. 400.5572, 20 F.S.; requiring background screening for 21 employees of an adult day care center hired on 22 or after a specified date; amending s. 400.606, 23 F.S.; requiring background screening for an 24 applicant for licensure of a hospice; amending 25 s. 400.619, F.S.; revising background screening 26 requirements for an applicant for licensure of 27 an adult family care home; providing screening 28 requirements for designated relief persons; 29 amending s. 400.801, F.S.; requiring background 30 screening for an applicant for licensure of a 31 home for special services; amending s. 400.805, 92 8:27 AM 01/20/98 s0314c-32k4c SENATE AMENDMENT Bill No. SB 314 Amendment No. 1 F.S.; requiring background screening for an 2 applicant for licensure of a transitional 3 living facility; amending s. 483.101, F.S.; 4 requiring background screening for an applicant 5 for licensure of a clinical laboratory; 6 amending s. 483.30, F.S.; requiring background 7 screening for an applicant for licensure of a 8 multiphasic health testing center; providing an 9 appropriation and authorizing positions; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 93 8:27 AM 01/20/98 s0314c-32k4c