House Bill 3355e1
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CS/HB 3355, First Engrossed/ntc
1 A bill to be entitled
2 An act relating to emergency management
3 planning; amending s. 20.43, F.S.; defining
4 responsibilities of the county health
5 departments in providing assistance to local
6 special needs units or shelters; authorizing
7 the Department of Health to adopt rules;
8 amending s. 252.355, F.S.; revising provisions
9 relating to registration of persons requiring
10 special needs assistance in emergencies;
11 amending ss. 400.497 and 400.610, F.S.;
12 providing minimum requirements for home health
13 agency and hospice comprehensive emergency
14 management plans; providing for plan review by
15 the local emergency management agency and other
16 specified entities; requiring the adoption of
17 rules establishing plan components and
18 standards for care and services to be provided
19 in emergency evacuation and sheltering;
20 providing for certain exemptions; amending s.
21 408.15, F.S.; authorizing the Agency for Health
22 Care Administration to establish certain
23 standards of care; creating a special needs
24 shelter interagency committee within the
25 Department of Community Affairs; providing
26 committee tasks; requiring reports; providing
27 an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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CS/HB 3355, First Engrossed/ntc
1 Section 1. Subsection (5) of section 20.43, Florida
2 Statutes, is amended to read:
3 20.43 Department of Health.--There is created a
4 Department of Health.
5 (5)(a) The department shall plan and administer its
6 public health programs through its county health departments
7 and may, for administrative purposes and efficient service
8 delivery, establish up to 15 service areas to carry out such
9 duties as may be prescribed by the secretary. The boundaries
10 of the service areas shall be the same as, or combinations of,
11 the districts of the health and human services boards
12 established in s. 20.19 and, to the extent practicable, shall
13 take into consideration the boundaries of the jobs and
14 education regional boards.
15 (b) The county health department, as the primary
16 agency for local health and medical services, shall coordinate
17 with local medical and health care providers, the American Red
18 Cross, and other interested parties in developing and
19 implementing the plan for the management, operation,
20 logistics, and staffing of special needs units or shelters.
21 The county health department shall, in conjunction with the
22 local emergency management agency, coordinate recruitment of
23 medical personnel to staff local special needs units or
24 shelters. During times of emergency or major disaster, the
25 county health department shall assist the local emergency
26 management agency in the operation of the special needs units
27 or shelters. The Department of Health may promulgate, adopt,
28 and enforce all rules necessary to implement this paragraph.
29 Section 2. Subsections (1) and (3) of section 252.355,
30 Florida Statutes, are amended to read:
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CS/HB 3355, First Engrossed/ntc
1 252.355 Registry of disabled persons with special
2 needs; notice.--
3 (1) In order to meet the special needs of persons who
4 would need assistance during evacuations and sheltering
5 because of physical, mental, or sensory disabilities or mental
6 handicaps, each local emergency management agency in the state
7 shall maintain a registry of disabled persons with special
8 needs located within the jurisdiction of the local agency.
9 The registration shall identify those persons in need of
10 assistance and plan for resource allocation to meet those
11 identified needs. To assist the local emergency management
12 agency in identifying such persons, the Department of Children
13 and Family Services, Department of Health, and Department of
14 Elderly Affairs Health and Rehabilitative Services shall
15 provide registration information to all of their its special
16 needs clients and to all incoming clients as a part of the
17 intake process. The registry shall be updated annually. The
18 registration program shall give disabled persons with special
19 needs the option of preauthorizing emergency response
20 personnel to enter their homes during search and rescue
21 operations if necessary to assure their safety and welfare
22 following disasters.
23 (3) All records, data, information, correspondence,
24 and communications relating to the registration of disabled
25 persons with special needs as provided in subsection (1) are
26 confidential and exempt from the provisions of s. 119.07(1),
27 except that such information shall be available to other
28 emergency response agencies, as determined by the local
29 emergency management director.
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CS/HB 3355, First Engrossed/ntc
1 Section 3. Subsection (1) of section 400.497, Florida
2 Statutes, is amended, and subsection (11) is added to said
3 section, to read:
4 400.497 Rules establishing minimum standards.--The
5 Agency for Health Care Administration shall adopt, publish,
6 and enforce rules to implement this part, including, as
7 applicable, ss. 400.506 and 400.509, which must provide
8 reasonable and fair minimum standards relating to:
9 (1) Scope of home health services to be provided,
10 which shall include services to be provided during emergency
11 evacuation and sheltering.
12 (11)(a) The preparation and annual update of a
13 comprehensive emergency management plan. Home health agencies
14 must plan to continue to provide skilled nursing services
15 during times of emergency or major disaster. To accomplish
16 this, each home health agency must prepare a comprehensive
17 emergency management plan. The Agency for Health Care
18 Administration shall adopt rules establishing minimum criteria
19 for the plan after consultation with the Department of
20 Community Affairs. This requirement does not apply to:
21 1. A facility that is certified under chapter 651 and
22 has a licensed home health agency used exclusively by the
23 residents of the facility; or
24 2. A retirement community that consists of residential
25 units for independent living and either a licensed nursing
26 home or an assisted living facility, and has a licensed home
27 health agency used exclusively by the residents of the
28 retirement community;
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1 provided the comprehensive emergency management plan for the
2 facility or retirement community provides for continuous care
3 of all residents with special needs during an emergency.
4 (b) At a minimum, the rules must provide for plan
5 components that address client education on personal disaster
6 preparedness; client awareness of the special needs
7 registration, evacuation, and shelter process; registration of
8 clients requiring public assistance; preparation of the agency
9 offices and staff; plans for coordinating with other agencies
10 to provide continuity of skilled nursing care to clients
11 during disaster impact; provisions for continuing skilled
12 nursing services for home health clients evacuated to special
13 needs units or shelters, to include providing home health care
14 staff to special needs units or shelters, to the extent
15 reasonably possible; transfer of medical records or
16 information on home health clients evacuated to special needs
17 units or shelters, if the location is known to the home health
18 agency; and postimpact delivery of services, to include
19 resumption of care and, to the extent possible, expansion of
20 services to accept new client referrals as a result of the
21 disaster.
22 (c) The plan is subject to review and approval by the
23 local emergency management agency. During its review, the
24 local emergency management agency shall ensure that the
25 following agencies, at a minimum, are given the opportunity to
26 review the plan:
27 1. County health department.
28 2. Agency for Health Care Administration.
29 3. Local chapter of the American Red Cross or other
30 lead sheltering agency.
31 4. Department of Children and Family Services.
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2 The local emergency management agency shall complete its
3 review within 60 days after receipt of the plan and shall
4 either approve the plan or advise the home health agency of
5 necessary revisions.
6 Section 4. Paragraph (b) of subsection (1) of section
7 400.610, Florida Statutes, is amended to read:
8 400.610 Administration and management of a hospice.--
9 (1) A hospice shall have a clearly defined organized
10 governing body, consisting of a minimum of seven persons who
11 are representative of the general population of the community
12 served. The governing body shall have autonomous authority and
13 responsibility for the operation of the hospice and shall meet
14 at least quarterly. The governing body shall:
15 (b) Prepare and annually update a comprehensive
16 emergency management plan which ensures that the hospice will
17 continue to provide an acceptable level of care during times
18 of emergency or major disaster. The department shall adopt
19 rules establishing minimum criteria for the plan after
20 consultation with the Department of Community Affairs. Prepare
21 a disaster preparedness plan.
22 1. At a minimum, the rules must provide for plan
23 components that address client education on personal disaster
24 preparedness; client awareness of the special needs
25 registration, evacuation, and shelter process; registration of
26 clients requiring public assistance; preparation of the agency
27 offices and staff; plans for providing continuity of care to
28 clients during disaster impact; provisions for caring for
29 hospice clients evacuated to special needs units or shelters,
30 to include providing hospice staff to special needs units or
31 shelters; identification and tracking of clients, to include
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1 the transfer of medical records; responding to family
2 inquiries; and postimpact delivery of services, to include
3 resumption of care, facilitating the clients' return to the
4 home environment, facilitating referral to residential care
5 facilities for clients unable to return home, and expansion of
6 services to accept new client referrals as a result of the
7 disaster.
8 2. The plan is subject to review and approval by the
9 local emergency management agency. During its review, the
10 local emergency management agency shall ensure that the
11 following agencies, at a minimum, are given the opportunity to
12 review the plan:
13 a. County health department.
14 b. Agency for Health Care Administration.
15 c. Local chapter of the American Red Cross or other
16 lead sheltering agency.
17 d. Department of Children and Family Services.
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19 The local emergency management agency shall complete its
20 review within 60 days after receipt of the plan and shall
21 either approve the plan or advise the hospice of necessary
22 revisions.
23 Section 5. Subsection (12) is added to section 408.15,
24 Florida Statutes, to read:
25 408.15 Powers of the agency.--In addition to the
26 powers granted to the agency elsewhere in this chapter, the
27 agency is authorized to:
28 (12) Establish, in coordination with the Department of
29 Health, uniform standards of care to be provided in special
30 needs units or shelters during times of emergency or major
31 disaster.
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1 Section 6. (1) There is created within the Department
2 of Community Affairs a special needs shelter interagency
3 committee, to be chaired and staffed by the department. The
4 committee is directed to resolve those special needs
5 sheltering problems and issues not addressed in the state
6 comprehensive emergency management plan, and to serve as an
7 oversight committee to monitor the effectiveness of an
8 implemented special needs sheltering program. The specific
9 tasks for the committee are to:
10 (a) Establish clear roles and responsibilities of
11 state agencies and other organizations necessary to implement
12 the program on or before January 1, 1999.
13 (b) Identify those issues requiring additional
14 legislation and funding on or before January 1, 1999.
15 (c) Determine the need for local or county advisory
16 committees to work with the appropriate local agencies and
17 staff.
18 (d) Propose and negotiate any necessary interagency
19 agreements.
20 (e) Provide ongoing evaluation, recommendations, and
21 monitoring to the program administrator and submit a 6-month
22 report to the Legislature. Thereafter, reports shall be
23 submitted to the Legislature annually.
24 (2) The special needs shelter interagency committee
25 shall be composed of representatives of emergency management,
26 health, medical, and social services organizations. Membership
27 shall include at least one representative from the following
28 agencies and entities: Department of Community Affairs,
29 Department of Health, Department of Children and Family
30 Services, Agency for Health Care Administration, Department of
31 Elderly Affairs, Department of Education, Department of Labor
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1 and Employment Security, Associated Home Health Industries of
2 Florida, Inc., Florida Nurses Association, Florida Health Care
3 Association, Florida Hospital Association, Florida Homes for
4 the Aging, Florida Emergency Preparedness Association,
5 American Red Cross, Florida Hospices, Inc., Association of
6 Community Hospital and Health Systems, Florida League of
7 Health Systems, and the Salvation Army. This subsection lists
8 such agencies and entities; however, such list is not limited
9 to these agencies and entities.
10 (3) Headquarters for committee meetings shall be in
11 Tallahassee, with the Division of Emergency Management of the
12 Department of Community Affairs determining the exact meeting
13 locations. Members of the committee shall serve at the expense
14 of the agencies or organizations they represent.
15 Section 7. This act shall take effect on October 1 of
16 the year in which enacted.
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