House Bill 1503

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    Florida House of Representatives - 1999                HB 1503

        By Representative Barreiro






  1                      A bill to be entitled

  2         An act relating to nursing homes; providing a

  3         short title; amending s. 400.23, F.S.;

  4         requiring the Agency for Health Care

  5         Administration to adopt rules providing the

  6         minimum staffing requirements for nursing

  7         homes; providing minimum ratios of nurses and

  8         nursing assistants to residents; providing

  9         application of requirements; requiring certain

10         information to be posted in each facility;

11         amending s. 400.063, F.S.; conforming a cross

12         reference; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 400.23(3), Florida Statutes, may be

17  cited as the "Florida Nursing Home Quality Care Act."

18         Section 2.  Subsections (3) through (13) of section

19  400.23, Florida Statutes, 1998 Supplement, are renumbered as

20  subsections (4) through (14), respectively, and a new

21  subsection (3) is added to said section to read:

22         400.23  Rules; criteria; Nursing Home Advisory

23  Committee; evaluation and rating system; fee for review of

24  plans.--

25         (3)  The agency shall adopt rules providing the minimum

26  staffing requirements for nursing homes. These requirements

27  shall include, for each nursing facility:

28         (a)  The facility shall maintain a minimum ratio of

29  certified nursing assistants to residents of not less than:

30         1.  Day shift:  one certified nursing assistant for

31  every eight residents.

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    Florida House of Representatives - 1999                HB 1503

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  1         2.  Afternoon shift:  one certified nursing assistant

  2  for every 10 residents.

  3         3.  Midnight shift:  one certified nursing assistant

  4  for every 15 residents.

  5         (b)  The facility shall maintain a minimum ratio of

  6  registered nurses or licensed practical nurses to residents of

  7  not less than:

  8         1.  Day shift: one nurse for every 15 residents.

  9         2.  Afternoon shift: one nurse for every 25 residents.

10         3.  Night shift: one nurse for every 35 residents.

11         (c)  An employee designated as a member of the nursing

12  staff shall not provide services such as food preparation,

13  housekeeping, laundry, or maintenance services. A person

14  employed to provide such services shall not provide nursing

15  care to residents and shall not be counted in determining the

16  ratios of residents to nursing staff.

17         (d)  The facility shall post the current ratios of

18  residents to staff for each wing or floor of the facility and

19  for each shift. The posted ratios shall show separately the

20  number of residents to licensed nursing staff and the number

21  of residents to unlicensed nursing staff directly responsible

22  for resident care. In addition, such information shall be

23  posted for the most recently concluded cost-reporting period

24  in the form of average daily staffing ratios for that period.

25  This information must be posted in a manner which is visible

26  and accessible to all residents and their families and

27  caregivers, and to potential consumers of the facility's

28  services.

29

30  The agency's rules shall further provide that the minimum

31  staffing requirements apply to all nursing home residents,

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    Florida House of Representatives - 1999                HB 1503

    723-110-99






  1  including respite care residents, and must be adjusted upward

  2  to meet any special care needs of residents, and that staffing

  3  assignments must be based on accurate acuity levels and the

  4  intensity and time needed to provide safe, preventive, and

  5  restorative care. The requirements provided in this subsection

  6  must be enforced for all residents, regardless of payment

  7  source. No ongoing waivers shall be allowed.

  8         Section 3.  Subsection (1) of section 400.063, Florida

  9  Statutes, is mended to read:

10         400.063  Resident Protection Trust Fund.--

11         (1)  A Resident Protection Trust Fund shall be

12  established for the purpose of collecting and disbursing funds

13  generated from the license fees and administrative fines as

14  provided for in ss. 393.0673(2), 400.062(3)(b), 400.111(1),

15  400.121(2), and 400.23(10)(9).  Such funds shall be for the

16  sole purpose of paying for the appropriate alternate

17  placement, care, and treatment of residents who are removed

18  from a facility licensed under this part or a facility

19  specified in s. 393.0678(1) in which the agency determines

20  that existing conditions or practices constitute an immediate

21  danger to the health, safety, or security of the residents.

22  If the agency determines that it is in the best interest of

23  the health, safety, or security of the residents to provide

24  for an orderly removal of the residents from the facility, the

25  agency may utilize such funds to maintain and care for the

26  residents in the facility pending removal and alternative

27  placement.  The maintenance and care of the residents shall be

28  under the direction and control of a receiver appointed

29  pursuant to s. 393.0678(1) or s. 400.126(1).  However, funds

30  may be expended in an emergency upon a filing of a petition

31  for a receiver, upon the declaration of a state of local

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    Florida House of Representatives - 1999                HB 1503

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  1  emergency pursuant to s. 252.38(3)(a)5., or upon a duly

  2  authorized local order of evacuation of a facility by

  3  emergency personnel to protect the health and safety of the

  4  residents.

  5         Section 4.  This act shall take effect October 1, 1999.

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  8                          HOUSE SUMMARY

  9
      Creates the "Florida Nursing Home Quality Care Act."
10    Requires the Agency for Health Care Administration to
      adopt rules providing the minimum staffing requirements
11    for nursing homes, including minimum requirements for the
      ratio of registered nurses, licensed practical nurses,
12    and certified nursing assistants to residents. Provides
      for determination of such ratios and application to all
13    residents. Requires posting of information on such ratios
      in each facility in specified places and in a visible and
14    accessible manner.

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