CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 714
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
14 On page 113, line 13, through page 118, line 20, delete
15 those lines
16
17 and insert:
18 Section 53. Section 400.619, Florida Statutes, is
19 amended to read:
20 400.619 Licensure application and renewal
21 requirements.--
22 (1) Each person who intends to be a provider of an
23 adult family-care home provider must apply for obtain a
24 license from the agency before caring for a disabled adult or
25 an aged person in the adult family-care home. Such
26 application must be made at least 90 days before the applicant
27 intends to operate the adult family-care home.
28 (2) A person who intends to be a provider of an adult
29 family-care home provider must own or rent and live in the
30 adult family-care home that is to be licensed.
31 (3) Application for a license or annual license
1
8:58 PM 04/24/98 s0714c2b-32c7t
SENATE AMENDMENT
Bill No. CS for CS for SB 714
Amendment No.
1 renewal to operate an adult family-care home must be made on a
2 form provided by the agency, signed under oath, and must be
3 accompanied by a licensing fee of $100 per year to offset the
4 cost of training and education programs by the Department of
5 Elderly Affairs for providers.
6 (4) Upon receipt of a license application or license
7 renewal, and the fee, the agency shall initiate level 1
8 background screening as provided under chapter 435 on must
9 check with the abuse registry and the Department of Law
10 Enforcement concerning the adult family-care home provider,
11 the designated relief person applicant, all adult household
12 members, and all staff members. The agency shall also conduct
13 an onsite visit to the home that is to be licensed.
14 (a) Proof of compliance with level 1 screening
15 standards which has been submitted within the previous 5 years
16 to meet any facility or professional licensure requirements of
17 the agency or the Department of Health satisfies the
18 requirements of this subsection. Such proof must be
19 accompanied, under penalty of perjury, by a copy of the
20 person's current professional license and an affidavit of
21 current compliance with the background screening requirements.
22 (b) The person required to be screened must have been
23 continuously employed in the same type of occupation for which
24 the person is seeking employment without a breach in service
25 that exceeds 180 days, and proof of compliance with the level
26 1 screening requirement which is no more than 2 years old must
27 be provided. Proof of compliance shall be provided directly
28 from one employer or contractor to another, and not from the
29 person screened. Upon request, a copy of screening results
30 shall be provided to the person screened by the employer
31 retaining documentation of the screening.
2
8:58 PM 04/24/98 s0714c2b-32c7t
SENATE AMENDMENT
Bill No. CS for CS for SB 714
Amendment No.
1 (5) The application must be accompanied by a
2 description and explanation of any exclusions, permanent
3 suspensions, or terminations of the applicant from
4 participation in the Medicaid or Medicare programs or any
5 other governmental health care or health insurance program.
6 (6) Unless the adult family-care home is a community
7 residential home subject to chapter 419, the applicant must
8 provide documentation, signed by the appropriate governmental
9 official, that the home has met local zoning requirements for
10 the location for which the license is sought.
11 (7)(5) Access to a licensed adult family-care home
12 must be provided at reasonable times for the appropriate
13 officials of the department, the Department of Health, the
14 Department of Children and Family Services and Rehabilitative
15 Services, the agency, and the State Fire Marshal, who are
16 responsible for the development and maintenance of fire,
17 health, sanitary, and safety standards, to inspect the
18 facility to assure compliance with these standards. In
19 addition, access to a licensed adult family-care home must be
20 provided at reasonable times for the long-term care ombudsman
21 council.
22 (8)(6) A license is effective for 1 year after the
23 date of issuance unless revoked sooner. Each license must
24 state the name of the provider, the address of the home to
25 which the license applies, and the maximum number of residents
26 of the home. Failure to timely file a license renewal
27 application shall result in a late fee equal to 50 percent of
28 the license fee. A license may be issued with or without
29 restrictions governing the residents or care offered in the
30 adult family-care home.
31 (9)(7) A license is not transferable or applicable to
3
8:58 PM 04/24/98 s0714c2b-32c7t
SENATE AMENDMENT
Bill No. CS for CS for SB 714
Amendment No.
1 any location or person other than the location and or person
2 indicated on the license application for licensure.
3 (10)(8) The licensed maximum capacity of each adult
4 family-care home is based on the service needs of the
5 residents and the capability of the provider to meet the needs
6 of the residents. Any relative who lives in the adult
7 family-care home and who is an aged person or a disabled adult
8 or frail elder must be included in that limitation.
9 (11)(9) Each adult family-care home must designate at
10 least one licensed space for a resident receiving optional
11 state supplementation as defined in s. 409.212. The
12 Department of Children and Family Health and Rehabilitative
13 Services shall specify by rule the procedures to be followed
14 for referring residents who receive optional state
15 supplementation to adult family-care homes. Those homes
16 licensed as adult foster homes or assisted living facilities
17 prior to January 1, 1994, that convert to adult family-care
18 homes, are exempt from this the requirement of designating one
19 space for a resident receiving optional state supplementation.
20 (12)(10) The agency may issue a conditional license to
21 a provider for the purpose of bringing the adult family-care
22 home into compliance with licensure requirements. A
23 conditional license must be limited to a specific period, not
24 exceeding 6 months, as determined by the department, in
25 consultation with the agency. The department shall, by rule,
26 establish criteria for issuing conditional licenses.
27 (11) The agency may deny, suspend, or revoke a license
28 for any of the following reasons:
29 (a) A confirmed report, obtained under s. 415.1075, of
30 abuse, neglect, or exploitation, or conviction of a crime
31 related to abuse, neglect, or exploitation.
4
8:58 PM 04/24/98 s0714c2b-32c7t
SENATE AMENDMENT
Bill No. CS for CS for SB 714
Amendment No.
1 (b) A proposed confirmed report that remains unserved
2 and is maintained in the central abuse registry and tracking
3 system pursuant to s. 415.1065(2)(c).
4 (c) An intentional or negligent act materially
5 affecting the health, safety, or welfare of the adult
6 family-care home residents.
7 (d) A violation of ss. 400.616-400.629 or rules
8 adopted under ss. 400.616-400.629, including the failure to
9 comply with any restrictions specified in the license.
10 (e) Submission of fraudulent or inaccurate information
11 to the agency.
12 (f) Conviction of a felony involving violence to a
13 person.
14 (g) Failure to pay a civil penalty assessed under this
15 part.
16 (13)(12) All moneys collected under this section must
17 be deposited into the Department of Elderly Affairs
18 Administrative Trust Fund and must be used to offset the
19 expenses of departmental training and education for adult
20 family-care home providers.
21 (14)(13) The department shall adopt rules to implement
22 this section.
23 Section 54. Section 400.6194, Florida Statutes, is
24 created to read:
25 400.6194 Denial, revocation, or suspension of a
26 license.--The agency may deny, suspend, or revoke a license
27 for any of the following reasons:
28 (1) Failure of any of the persons required to undergo
29 background screening under s. 400.619 to meet the level 1
30 screening standards of s. 435.03, unless an exemption from
31 disqualification has been provided by the agency.
5
8:58 PM 04/24/98 s0714c2b-32c7t
SENATE AMENDMENT
Bill No. CS for CS for SB 714
Amendment No.
1 (2) An intentional or negligent act materially
2 affecting the health, safety, or welfare of the adult
3 family-care home residents.
4 (3) Submission of fraudulent information or omission
5 of any material fact on a license application or any other
6 document required by the agency.
7 (4) Failure to pay an administrative fine assessed
8 under this part.
9 (5) A violation of this part or adopted rules which
10 results in conditions or practices that directly threaten the
11 physical or emotional health, safety, or welfare of residents.
12 (6) Failure to correct cited fire code violations that
13 threaten the health, safety, or welfare of residents.
14 (7) Failure to submit a completed initial license
15 application or to complete an application for license renewal
16 within the specified timeframes.
17 (8) Exclusion, permanent suspension, or termination of
18 the provider from the Medicare or Medicaid program.
19
20
21
22
23
24
25
26
27
28
29
30
31
6
8:58 PM 04/24/98 s0714c2b-32c7t