Senate Bill 1722

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    Florida Senate - 1999                                  SB 1722

    By Senator Clary





    7-1037-99

  1                      A bill to be entitled

  2         An act relating to assisted living facilities;

  3         amending s. 400.4178, F.S.; revising training

  4         requirements for staff that provide special

  5         care for residents who have Alzheimer's disease

  6         or related disorders; amending s. 400.424,

  7         F.S.; amending provisions relating to contracts

  8         between the facilities and their residents;

  9         amending s. 400.4255, F.S.; revising guidelines

10         for providing nursing services to residents;

11         allowing facilities to honor do-not-resuscitate

12         orders; amending s. 400.427, F.S.; prohibiting

13         a staff member's acting as a resident's

14         attorney-in-fact, with exceptions; amending s.

15         400.441, F.S., relating to rulemaking

16         authority; deleting firesafety requirements

17         from the rulemaking authority of the Department

18         of Elderly Affairs; providing authority to make

19         rules pertaining to advertising, nursing

20         services, and security; deleting authority to

21         dispose of fees and fines; removing from the

22         facilities the responsibility for the medical

23         regulation of chemical restraints; deleting a

24         requirement to send proposed rule drafts to the

25         Legislature; allowing the Department of Elderly

26         Affairs, rather than the Agency for Health Care

27         Administration, to provide waivers from

28         department rules; requiring the department,

29         rather than the agency, to develop abbreviated

30         inspection procedures and standards; deleting a

31         requirement of an annual report; creating s.

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  1         400.4411, F.S.; providing firesafety standards;

  2         amending s. 400.452, F.S., relating to

  3         departmental training requirements; allowing

  4         the department to charge a fee for approving

  5         training curricula and training providers;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Section 400.4178, Florida Statutes, is

11  amended to read:

12         400.4178  Special care for persons with Alzheimer's

13  disease or other related disorders.--

14         (1)  A facility that which advertises that it provides

15  special care for persons who have with Alzheimer's disease or

16  other related disorders must meet the following standards of

17  operation:

18         (a)1.  If the facility has 17 or more residents, have

19  an awake staff member on duty at all hours of the day and

20  night.; or

21         (b)2.  If the facility has fewer than 17 residents,

22  have an awake staff member on duty at all hours of the day and

23  night or have mechanisms in place to monitor and ensure the

24  safety of the facility's residents.

25         (c)(b)  Offer activities specifically designed for

26  persons who are cognitively impaired.

27         (d)(c)  Have a physical environment that provides for

28  the safety and welfare of the facility's residents.

29         (e)(d)  Employ staff or contract with staff who

30  complete have completed the training and continuing education

31  required in subsection (2).

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  1         (2)  Staff of assisted living facilities that provide

  2  special care for residents who have Alzheimer's disease or

  3  related disorders must complete the following training and

  4  continuing education requirements:

  5         (a)  Facility staff who have An individual who is

  6  employed by a facility that provides special care for

  7  residents with Alzheimer's disease or other related disorders,

  8  and who has regular contact with such residents, must complete

  9  up to 4 hours of initial dementia-specific training developed

10  or approved by the department. The training shall be completed

11  within 3 months after beginning employment. Completion of and

12  shall satisfy the core training program under s. 400.452

13  satisfies this requirement requirements of s. 400.452(2)(g).

14         (b)  In addition to satisfying the training

15  requirements of paragraph (a), facility staff who provide A

16  direct caregiver who is employed by a facility that provides

17  special care for residents with Alzheimer's disease or other

18  related disorders, and who provides direct care to such

19  residents, must complete the required initial training and 4

20  additional hours of training developed or approved by the

21  department.  The training shall be completed within 9 months

22  after beginning employment and shall satisfy the core training

23  requirements of s. 400.452(2)(g).

24         (c)  Facility staff who have only An individual who is

25  employed by a facility that provides special care for

26  residents with Alzheimer's disease or other related disorders,

27  but who only has incidental contact with such residents, must

28  be given, at a minimum, general information on interacting

29  with individuals who have with Alzheimer's disease or other

30  related disorders, within 3 months after beginning employment.

31  Such information may be provided by the facility.

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  1         (3)  In addition to the training required under

  2  subsection (2), a direct caregiver must participate in a

  3  minimum of 4 contact hours of continuing education during each

  4  calendar year following the year in which the caregiver

  5  obtains the initial training in topics relating to dementia.

  6  The continuing education must include one or more topics

  7  included in the dementia-specific training developed or

  8  approved by the department, in which the caregiver has not

  9  received previous training.

10         (4)  Staff who complete the training required under

11  subsection (2) need not repeat that training upon changing

12  Upon completing any training listed in subsection (2), the

13  employee or direct caregiver shall be issued a certificate

14  that includes the name of the training provider, the topic

15  covered, and the date and signature of the training provider.

16  The certificate is evidence of completion of training in the

17  identified topic, and the employee or direct caregiver is not

18  required to repeat training in that topic if the employee or

19  direct caregiver changes employment to a different facility.

20  However, direct care staff must continue to The employee or

21  direct caregiver must comply with other applicable continuing

22  education requirements.

23         (5)  The department, or its designee, shall approve the

24  initial and continuing education courses and providers for

25  training required under subsection (2). The department may

26  charge a reasonable fee to review the curriculum and

27  qualifications of anyone who seeks to provide training courses

28  approved under this section and adopted by rule.

29         (6)  The department shall keep a current list of

30  approved training courses and providers who are approved to

31  provide initial and continuing education for staff of

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  1  facilities that provide special care for persons with

  2  Alzheimer's disease or other related disorders.

  3         (6)(7)  Any facility more than 90 percent of whose

  4  residents receive monthly optional supplementation payments is

  5  not required to pay for the training and education programs

  6  required under this section.  A facility that has one or more

  7  such residents shall pay a reduced fee that is proportional to

  8  the percentage of such residents in the facility.  A facility

  9  that does not have any residents who receive monthly optional

10  supplementation payments must pay a reasonable fee, as

11  established by the department by rule, for such training and

12  continuing education programs provided by the department. A

13  facility that has one or more such residents shall pay a

14  reduced fee that is proportional to the percentage of

15  residents in the facility. If 90 percent or more of the

16  residents of a facility receive monthly optional

17  supplementation payments, the facility is not required to pay

18  for the training and continuing education programs required

19  under this section.

20         (7)(8)  The department shall adopt rules to establish

21  standards for trainers and training courses, to set fee

22  schedules, and to implement facility standards established by

23  this section.

24         Section 2.  Section 400.424, Florida Statutes, is

25  amended to read:

26         400.424  Contracts.--

27         (1)  The presence of each resident in a facility shall

28  be covered by a contract, executed at the time of admission or

29  prior thereto, between the licensee and the resident or, if

30  applicable, the resident's his or her designee or legal

31  representative. Each party to the contract shall be provided

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  1  with a duplicate original thereof, and the licensee shall keep

  2  on file in the facility all such contracts.  The licensee may

  3  not destroy or otherwise dispose of any such contract until 5

  4  years after its expiration.

  5         (2)  Each contract must contain express provisions

  6  specifically setting forth the services and accommodations to

  7  be provided by the facility; the rates or charges; provision

  8  for at least 30 days' written notice of a rate increase; the

  9  rights, duties, and obligations of the residents, other than

10  those specified in s. 400.428; and other matters that the

11  parties deem appropriate.

12         (3)  Whenever money is deposited or advanced by a

13  resident on in a contract as security for performance of the

14  contract agreement or as advance rent for other than the next

15  immediate rental period:

16         (a)  The licensee shall either:

17         1.  Hold the total amount of money in a separate

18  non-interest-bearing account in a Florida banking institution

19  for the benefit of the resident or residents. The licensee may

20  not commingle such moneys with any other funds of the facility

21  nor in any other way make use of such moneys until the moneys

22  are actually due; or

23         2.  Hold the total amount of such money in a separate

24  interest-bearing account in a Florida banking institution for

25  the benefit of the resident or residents, in which case the

26  resident shall receive and collect interest at a rate of at

27  least 75 percent of the annualized average interest rate

28  payable on the account or at the rate of 5 percent per year,

29  simple interest, whichever the licensee elects. The licensee

30  may not commingle such moneys with any other funds of the

31  facility nor in any other way make use of such moneys until

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  1  the moneys are actually due. At least once a year, the

  2  licensee shall pay directly to the resident, or credit against

  3  the current month's rent, the interest due the resident. Such

  4  funds shall be deposited in a banking institution in this

  5  state that is located, if possible, in the same community in

  6  which the facility is located; shall be kept separate from the

  7  funds and property of the facility; may not be represented as

  8  part of the assets of the facility on financial statements;

  9  and shall be used, or otherwise expended, only for the account

10  of the resident.

11         (b)  The licensee shall, within 30 days after receiving

12  of receipt of advance rent or a security deposit, notify the

13  resident or residents in writing of the manner in which the

14  licensee is holding the advance rent or security deposit and

15  the rate of interest, if any, which the resident is to receive

16  and the time of interest payments to the resident. Such

17  written notice must:

18         1.  Be given in person or by mail to the resident; and

19         2.  State the name and address of the depository where

20  the advance rent or security deposit is moneys are being held.

21  The licensee shall notify residents of the facility's policy

22  on advance deposits.

23         (4)(3)(a)  The contract shall include a refund policy

24  to be implemented at the time of a resident's transfer,

25  discharge, or death.  The refund policy shall provide that the

26  resident or responsible party is entitled to a prorated refund

27  based on the daily rate for any unused portion of payment

28  beyond the termination date after all charges, including the

29  cost of damages to the residential unit resulting from

30  circumstances other than normal use, have been paid to the

31  licensee.  For the purpose of this subsection paragraph, the

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  1  termination date shall be the date the unit is vacated by the

  2  resident and cleared of all personal belongings.  If the

  3  amount of belongings does not preclude renting the unit, the

  4  facility may clear the unit and charge the resident or his or

  5  her estate for moving and storing the items at a rate equal to

  6  the actual cost to the facility, not to exceed 20 percent of

  7  the regular rate for the unit, provided that 14 days' advance

  8  written notification is given.  If the resident's possessions

  9  are not claimed within 45 days after notification, the

10  facility may dispose of them.  The contract shall also specify

11  any other conditions under which claims will be made against

12  the refund due the resident.  Except in the case of death or a

13  discharge due to medical reasons, the refunds shall be

14  computed in accordance with the notice of relocation

15  requirements specified in the contract.  However, a resident

16  may not be required to provide the licensee with more than 30

17  days' notice of termination.  If after a contract is

18  terminated, the facility intends to make a claim against a

19  refund due the resident, the facility shall notify the

20  resident or responsible party in writing of the claim and

21  shall provide said party with a reasonable time period of no

22  less than 14 calendar days to respond.  The facility shall

23  provide a refund to the resident or responsible party within

24  45 days after the transfer, discharge, or death of the

25  resident. The agency shall impose a fine upon a facility that

26  fails to comply with the refund provisions of the paragraph,

27  which fine shall be equal to three times the amount due to the

28  resident. One-half of the fine shall be remitted to the

29  resident or his or her estate, and the other half to the

30  Health Care Trust Fund to be used for the purpose specified in

31  s. 400.418.

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  1         (5)(b)  If a licensee agrees to reserve a bed for a

  2  resident who is admitted to a medical facility, including, but

  3  not limited to, a nursing home, health care facility, or

  4  psychiatric facility, the resident or his or her responsible

  5  party shall notify the licensee of any change in status that

  6  would prevent the resident from returning to the facility.

  7  Until such notice is received, the agreed-upon daily rate may

  8  be charged by the licensee.

  9         (6)(c)  The purpose of any advance payment and a refund

10  policy for such payment, including any advance payment for

11  housing, meals, or personal services, shall be covered in the

12  contract.

13         (7)(4)  The contract shall state whether or not the

14  facility is affiliated with any religious organization and, if

15  so, which organization and its general responsibility to the

16  facility.

17         (8)  In order to avoid duplication of services, the

18  contract must include a provision permitting the facility to

19  disclose the services covered by the contract to home health

20  agencies or hospices contracting with the resident to provide

21  services that are covered by Medicare or Medicaid or any other

22  publicly funded insurance program.

23         (9)(5)  Neither the contract nor any provision thereof

24  relieves any licensee of any requirement or obligation imposed

25  upon it by this part or rules adopted under this part.

26         (10)(6)  In lieu of the provisions of this section,

27  facilities certified under chapter 651 shall comply with the

28  requirements of s. 651.055.

29         (11)(7)  Notwithstanding the provisions of this

30  section, facilities which consist of 60 or more apartments may

31  require refund policies and termination notices in accordance

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  1  with the provisions of part II of chapter 83, provided that

  2  the lease is terminated automatically without financial

  3  penalty in the event of a resident's death or relocation due

  4  to psychiatric hospitalization or to medical reasons which

  5  necessitate services or care beyond which the facility is

  6  licensed to provide.  The date of termination in such

  7  instances shall be the date the unit is fully vacated.  A

  8  lease may be substituted for the contract if it meets the

  9  disclosure requirements of this section.  For the purpose of

10  this section, the term "apartment" means a room or set of

11  rooms with a kitchen or kitchenette and lavatory located

12  within one or more buildings containing other similar or like

13  residential units.

14         (12)(8)  The department may by rule clarify terms,

15  establish procedures, clarify refund policies and contract

16  provisions, and specify documentation as necessary to

17  administer this section.

18         Section 3.  Section 400.4255, Florida Statutes, is

19  amended to read:

20         400.4255  Use of licensed personnel; emergency care.--

21         (1)(a)  Nurses licensed under chapter 464 who are

22  employed by, under contract to, or volunteers in an assisted

23  living facility may administer medications to residents,

24  manage individual weekly pill organizers for residents, give

25  prepackaged enemas ordered by a physician, and provide such

26  other nursing services as the department by rule authorizes

27  them to provide. Persons who are exempt from nursing licensure

28  under s. 464.022(1) and third parties who are contracting

29  directly with a resident or the resident's representative may

30  provide additional nursing services, provided that the

31  resident continues to meet the criteria for appropriate

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  1  placement established under s. 400.426 and by rule. Persons

  2  under contract to the facility, facility staff, or volunteers,

  3  who are licensed according to chapter 464, or those persons

  4  exempt under s. 464.022(1), and others as defined by rule, may

  5  administer medications to residents, take residents' vital

  6  signs, manage individual weekly pill organizers for residents

  7  who self-administer medication, give prepackaged enemas

  8  ordered by a physician, observe residents, document

  9  observations on the appropriate resident's record, report

10  observations to the resident's physician, and contract or

11  allow residents or a resident's representative, designee,

12  surrogate, guardian, or attorney in fact to contract with a

13  third party, provided residents meet the criteria for

14  appropriate placement as defined in s. 400.426.  Nursing

15  assistants certified pursuant to s. 400.211 may take

16  residents' vital signs as directed by a licensed nurse or

17  physician.

18         (b)  All staff in facilities licensed under this part

19  shall exercise their professional responsibility to observe

20  residents, to document observations on the appropriate

21  resident's record, and to report the observations to the

22  resident's physician.  However, the owner or administrator of

23  the facility shall be responsible for determining that the

24  resident receiving services is appropriate for residence in

25  the facility.

26         (c)  In an emergency situation, licensed personnel may

27  carry out their professional duties pursuant to chapter 464

28  until emergency medical personnel assume responsibility for

29  care.

30         (2)  In facilities licensed to provide extended

31  congregate care, persons licensed under chapter 464, or

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  1  certified under s. 400.211, who are under contract to,

  2  employed by, or volunteers in an assisted living facility

  3  licensed to provide extended congregate care may perform all

  4  duties within the scope of their respective license or

  5  certification if approved by the administrator of the

  6  facility. under contract to the facility, facility staff, or

  7  volunteers, who are licensed according to chapter 464, or

  8  those persons exempt under s. 464.022(1), or those persons

  9  certified as nursing assistants pursuant to s. 400.211, may

10  also perform all duties within the scope of their license or

11  certification, as approved by the facility administrator and

12  pursuant to this part.

13         (3)  Notwithstanding any limitations imposed by this

14  section or by rule, personnel in an assisted living facility

15  may, in an emergency, while awaiting the arrival of emergency

16  personnel, provide any service permitted within the scope of

17  their respective license or certification.

18         (4)  Facility staff may withhold or withdraw

19  cardiopulmonary resuscitation if presented with an order not

20  to resuscitate which is executed under s. 401.45. The

21  department shall adopt rules that provide for the

22  implementation of such orders. Facility staff are not subject

23  to criminal prosecution or civil liability, and may not be

24  considered to have engaged in negligent or unprofessional

25  conduct, for withholding or withdrawing cardiopulmonary

26  resuscitation pursuant to such an order and rules adopted by

27  the department.

28         Section 4.  Section 400.427, Florida Statutes, 1998

29  Supplement, is amended to read:

30         400.427  Property and personal affairs of residents.--

31

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  1         (1)(a)  A resident shall be given the option of using

  2  his or her own belongings, as space permits; choosing his or

  3  her roommate; and, whenever possible, unless the resident is

  4  adjudicated incompetent or incapacitated under state law,

  5  managing his or her own affairs.

  6         (1)(b)  The admission of a resident to a facility does

  7  and his or her presence therein shall not confer on the

  8  facility or its owner, administrator, employees, or

  9  representatives any authority to manage, use, or dispose of

10  any funds or property of the resident; nor shall such

11  admission or presence confer on any of such persons any

12  authority or responsibility for the personal affairs of the

13  resident, except that which may be necessary for the safe

14  management of the facility or for the safety of the resident.

15         (2)  A facility, or an owner, administrator, employee,

16  or representative thereof, may not act as the guardian,

17  trustee, attorney-in-fact, or conservator for any resident of

18  the assisted living facility or any of such resident's

19  property unless the resident is a relative of the owner,

20  administrator, employee, or representative. An owner,

21  administrator, or staff member, or representative thereof, may

22  not act as a competent resident's payee for social security,

23  veteran's, or railroad benefits without the consent of the

24  resident or the resident's representative.  Any facility whose

25  owner, administrator, or staff, or representative thereof,

26  serves as representative payee for any resident of the

27  facility shall post file a surety bond, a copy of which must

28  be filed with the agency, in an amount equal to twice the

29  average monthly aggregate income or personal funds due to

30  residents, or expendable for their account, which are received

31  by a facility.  Any facility whose owner, administrator, or

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  1  staff, or a representative thereof, is granted power of

  2  attorney for any resident of the facility shall file a surety

  3  bond with the agency for each resident for whom such power of

  4  attorney is granted.  The surety bond shall be in an amount

  5  equal to twice the average monthly income of the resident,

  6  plus the value of any resident's property under the control of

  7  the attorney in fact. The bond shall be executed by the

  8  facility as principal and a licensed surety company authorized

  9  and licensed to do business in this state as surety.  The bond

10  shall be conditioned upon the faithful compliance of the

11  facility with this section and shall run to the agency for the

12  benefit of any resident who suffers a financial loss as a

13  result of the misuse or misappropriation by a facility of

14  funds held pursuant to this subsection.  Any surety company

15  that cancels or does not renew the bond of any licensee shall

16  notify the agency in writing not less than 30 days in advance

17  of such action, giving the reason for the cancellation or

18  nonrenewal.  Any facility owner, administrator, or staff, or

19  representative thereof, who is granted power of attorney for

20  any resident of the facility shall, on a monthly basis, be

21  required to provide the resident a written statement of any

22  transaction made on behalf of the resident pursuant to this

23  subsection, and a copy of such statement given to the resident

24  shall be retained in each resident's file and available for

25  agency inspection.

26         (3)  A facility, upon mutual consent with the resident

27  or the resident's representative, shall provide for the

28  safekeeping in the facility of personal effects not in excess

29  of $500 and funds of the resident not in excess of $200 cash,

30  and shall keep complete and accurate records of all such funds

31  and personal effects received. If a resident is absent from a

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  1  facility for 24 hours or more, the facility may provide for

  2  the safekeeping of the resident's personal effects in excess

  3  of $500.

  4         (4)  Any funds or other property belonging to or due to

  5  a resident, or expendable for his or her account, which is

  6  received by a facility shall be held in trust and expended

  7  only for the account of the resident. Resident funds must

  8  which shall be kept separate from the funds and property of

  9  the facility; however, a resident's funds may be held in one

10  account with other residents' funds if a separate written

11  accounting of each person's funds is maintained. and other

12  residents or shall be specifically credited to such resident.

13  Such trust funds shall be used or otherwise expended only for

14  the account of the resident. At least quarterly, and upon the

15  discharge or transfer of the resident or upon the transfer of

16  facility ownership once every 3 months, unless upon order of a

17  court of competent jurisdiction, the facility shall furnish to

18  the resident or the resident's representative and his or her

19  guardian, trustee, or conservator, if any, a complete and

20  verified statement of all funds and other property to which

21  this subsection applies, detailing the amount and items

22  received, together with their sources and disposition.  In any

23  event, the facility shall furnish such statement annually and

24  upon the discharge or transfer of a resident.  Any

25  governmental agency or private charitable agency contributing

26  funds or other property to the account of a resident shall

27  also be entitled to receive such statement annually and upon

28  the discharge or transfer of the resident or upon the transfer

29  of facility ownership.

30         (5)  Any personal funds available to facility residents

31  may be used by residents as they choose to obtain clothing,

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  1  personal items, leisure activities, and other supplies and

  2  services for their personal use which are not covered by the

  3  contract.  A facility may not demand, require, or contract for

  4  payment of all or any part of the personal funds in

  5  satisfaction of the facility rate for supplies and services

  6  beyond that amount agreed to in writing and may not levy an

  7  additional charge to the individual or the account for any

  8  supplies or services that the facility has agreed by contract

  9  to provide as part of the standard monthly rate.  Any

10  additional services service or supplies provided by the

11  facility which are charged separately to the resident

12  individual or the resident's account and not covered by the

13  contract rate may be provided only with the specific written

14  consent of the individual, who shall be furnished in advance

15  of the provision of the services or supplies with an itemized

16  written statement to be attached to the contract setting forth

17  the charges for the additional services or supplies.

18         (6)

19         (a)  In addition to any damages or civil penalties

20  provided by law to which a person is subject, any person who:

21         1.  intentionally withholds a resident's personal

22  funds, personal property, or personal needs allowance;, or who

23  demands, beneficially receives, or contracts for payment of

24  all or any part of a resident's personal property or personal

25  needs allowance in satisfaction of the facility rate for

26  supplies and services; or who

27         2.  borrows from or pledges any personal funds of a

28  resident, other than the amount agreed to by written contract

29  under s. 400.424, commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31

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  1         (b)  Any facility owner, administrator, or staff, or

  2  representative thereof, who is granted power of attorney for

  3  any resident of the facility and who misuses or

  4  misappropriates funds obtained through this power commits a

  5  felony of the third degree, punishable as provided in s.

  6  775.082, s. 775.083, or s. 775.084.

  7         (7)  In the event of the resident's death of a

  8  resident, a licensee shall return all refunds, funds, and

  9  property held in trust to the resident's personal

10  representative, if one has been appointed, or at the time the

11  facility disburses such funds, and, if not, to the resident's

12  spouse or adult next of kin named in a beneficiary designation

13  form provided by the facility to the resident. If the resident

14  has no spouse or adult next of kin or such person cannot be

15  located, funds due the resident shall be placed in an

16  interest-bearing account, and all property held in trust by

17  the facility shall be safeguarded until such time as the funds

18  and property are disbursed pursuant to the Florida Probate

19  Code.  Such funds shall be kept separate from the funds and

20  property of the facility and other residents of the facility.

21  If the funds of the deceased resident are not disbursed

22  pursuant to the Florida Probate Code within 2 years after the

23  resident's death, the funds shall be deposited in the Health

24  Care Trust Fund administered by the agency.

25         (8)  The department may by rule clarify terms and

26  specify procedures and documentation necessary to administer

27  the provisions of this section relating to the proper

28  management of residents' funds and personal property and the

29  execution of surety bonds.

30         Section 5.  Section 400.441, Florida Statutes, 1998

31  Supplement, is amended to read:

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  1         400.441  Rules establishing standards.--

  2         (1)  It is the intent of the Legislature that rules

  3  published and enforced pursuant to this section shall include

  4  criteria by which a reasonable and consistent quality of

  5  resident care and quality of life may be ensured and the

  6  results of such resident care may be demonstrated.  Such rules

  7  shall also ensure a safe and sanitary environment that is

  8  residential and noninstitutional in design or nature,

  9  accommodates.  It is further intended that reasonable efforts

10  be made to accommodate the needs and preferences of residents,

11  and promotes the dignity, individuality, personal strengths,

12  and decisionmaking ability of residents to enhance the quality

13  of life in a facility. In order to provide safe and sanitary

14  facilities and the highest quality of resident care

15  accommodating the needs, and preferences, and independence of

16  residents, the department, in consultation with the agency,

17  the Department of Children and Family Services, and the

18  Department of Health, shall adopt rules, policies, and

19  procedures to implement administer this part, which must

20  include reasonable and fair minimum standards and procedures

21  relating in relation to:

22         (a)  The requirements for and maintenance of assisted

23  living facilities, not in conflict with the provisions of

24  chapter 553, relating to plumbing, heating, lighting,

25  ventilation, living space, and other housing conditions, which

26  will ensure the health, safety, and comfort, and independence

27  of residents. and protection from fire hazard, including

28  adequate provisions for fire alarm and other fire protection

29  suitable to the size of the structure. Uniform firesafety

30  standards shall be established and enforced by the State Fire

31

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  1  Marshal in cooperation with the agency, the department, and

  2  the Department of Health.

  3         1.  Evacuation capability determination.--

  4         a.  The provisions of the National Fire Protection

  5  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used

  6  for determining the ability of the residents, with or without

  7  staff assistance, to relocate from or within a licensed

  8  facility to a point of safety as provided in the fire codes

  9  adopted herein.  An evacuation capability evaluation for

10  initial licensure shall be conducted within 6 months after the

11  date of licensure.  For existing licensed facilities that are

12  not equipped with an automatic fire sprinkler system, the

13  administrator shall evaluate the evacuation capability of

14  residents at least annually. The evacuation capability

15  evaluation for each facility not equipped with an automatic

16  fire sprinkler system shall be validated, without liability,

17  by the State Fire Marshal, by the local fire marshal, or by

18  the local authority having jurisdiction over firesafety,

19  before the license renewal date.  If the State Fire Marshal,

20  local fire marshal, or local authority having jurisdiction

21  over firesafety has reason to believe that the evacuation

22  capability of a facility as reported by the administrator may

23  have changed, it may, with assistance from the facility

24  administrator, reevaluate the evacuation capability through

25  timed exiting drills. Translation of timed fire exiting drills

26  to evacuation capability may be determined:

27         (I)  Three minutes or less: prompt.

28         (II)  More than 3 minutes, but not more than 13

29  minutes: slow.

30         (III)  More than 13 minutes: impractical.

31

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  1         b.  The Office of the State Fire Marshal shall provide

  2  or cause the provision of training and education on the proper

  3  application of Chapter 5, NFPA 101A, 1995 edition, to its

  4  employees, to staff of the Agency for Health Care

  5  Administration who are responsible for regulating facilities

  6  under this part, and to local governmental inspectors. The

  7  Office of the State Fire Marshal shall provide or cause the

  8  provision of this training within its existing budget, but may

  9  charge a fee for this training to offset its costs. The

10  initial training must be delivered within 6 months after July

11  1, 1995, and as needed thereafter.

12         c.  The Office of the State Fire Marshal, in

13  cooperation with provider associations, shall provide or cause

14  the provision of a training program designed to inform

15  facility operators on how to properly review bid documents

16  relating to the installation of automatic fire sprinklers.

17  The Office of the State Fire Marshal shall provide or cause

18  the provision of this training within its existing budget, but

19  may charge a fee for this training to offset its costs.  The

20  initial training must be delivered within 6 months after July

21  1, 1995, and as needed thereafter.

22         d.  The administrator of a licensed facility shall sign

23  an affidavit verifying the number of residents occupying the

24  facility at the time of the evacuation capability evaluation.

25         2.  Firesafety requirements.--

26         a.  Except for the special applications provided

27  herein, effective January 1, 1996, the provisions of the

28  National Fire Protection Association, Life Safety Code, NFPA

29  101, 1994 edition, Chapter 22 for new facilities and Chapter

30  23 for existing facilities shall be the uniform fire code

31

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  1  applied by the State Fire Marshal for assisted living

  2  facilities, pursuant to s. 633.022.

  3         b.  Any new facility, regardless of size, that applies

  4  for a license on or after January 1, 1996, must be equipped

  5  with an automatic fire sprinkler system.  The exceptions as

  6  provided in section 22-2.3.5.1, NFPA 101, 1994 edition, as

  7  adopted herein, apply to any new facility housing eight or

  8  fewer residents.  On July 1, 1995, local governmental entities

  9  responsible for the issuance of permits for construction shall

10  inform, without liability, any facility whose permit for

11  construction is obtained prior to January 1, 1996, of this

12  automatic fire sprinkler requirement.  As used in this part,

13  the term "a new facility" does not mean an existing facility

14  that has undergone change of ownership.

15         c.  Notwithstanding any provision of s. 633.022 or of

16  the National Fire Protection Association, NFPA 101A, Chapter

17  5, 1995 edition, to the contrary, any existing facility

18  housing eight or fewer residents is not required to install an

19  automatic fire sprinkler system, nor to comply with any other

20  requirement in Chapter 23 of NFPA 101, 1994 edition, that

21  exceeds the firesafety requirements of NFPA 101, 1988 edition,

22  that applies to this size facility, unless the facility has

23  been classified as impractical to evacuate. Any existing

24  facility housing eight or fewer residents that is classified

25  as impractical to evacuate must install an automatic fire

26  sprinkler system within the timeframes granted in this

27  section.

28         d.  Any existing facility that is required to install

29  an automatic fire sprinkler system under this paragraph need

30  not meet other firesafety requirements of Chapter 23, NFPA

31  101, 1994 edition, which exceed the provisions of NFPA 101,

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  1  1988 edition.  The mandate contained in this paragraph which

  2  requires certain facilities to install an automatic fire

  3  sprinkler system supersedes any other requirement.

  4         e.  This paragraph does not supersede the exceptions

  5  granted in NFPA 101, 1988 edition or 1994 edition.

  6         f.  This paragraph does not exempt facilities from

  7  other firesafety provisions adopted under s. 633.022 and local

  8  building code requirements in effect before July 1, 1995.

  9         g.  A local government may charge fees only in an

10  amount not to exceed the actual expenses incurred by local

11  government relating to the installation and maintenance of an

12  automatic fire sprinkler system in an existing and properly

13  licensed assisted living facility structure as of January 1,

14  1996.

15         h.  If a licensed facility undergoes major

16  reconstruction or addition to an existing building on or after

17  January 1, 1996, the entire building must be equipped with an

18  automatic fire sprinkler system.  Major reconstruction of a

19  building means repair or restoration that costs in excess of

20  50 percent of the value of the building as reported on the tax

21  rolls, excluding land, before reconstruction.  Multiple

22  reconstruction projects within a 5-year period the total costs

23  of which exceed 50 percent of the initial value of the

24  building at the time the first reconstruction project was

25  permitted are to be considered as major reconstruction.

26  Application for a permit for an automatic fire sprinkler

27  system is required upon application for a permit for a

28  reconstruction project that creates costs that go over the

29  50-percent threshold.

30         i.  Any facility licensed before January 1, 1996, that

31  is required to install an automatic fire sprinkler system

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  1  shall ensure that the installation is completed within the

  2  following timeframes based upon evacuation capability of the

  3  facility as determined under subparagraph 1.:

  4         (I)  Impractical evacuation capability, 24 months.

  5         (II)  Slow evacuation capability, 48 months.

  6         (III)  Prompt evacuation capability, 60 months.

  7

  8  The beginning date from which the deadline for the automatic

  9  fire sprinkler installation requirement must be calculated is

10  upon receipt of written notice from the local fire official

11  that an automatic fire sprinkler system must be installed. The

12  local fire official shall send a copy of the document

13  indicating the requirement of a fire sprinkler system to the

14  Agency for Health Care Administration.

15         j.  It is recognized that the installation of an

16  automatic fire sprinkler system may create financial hardship

17  for some facilities.  The appropriate local fire official

18  shall, without liability, grant two 1-year extensions to the

19  timeframes for installation established herein, if an

20  automatic fire sprinkler installation cost estimate and proof

21  of denial from two financial institutions for a construction

22  loan to install the automatic fire sprinkler system are

23  submitted.  However, for any facility with a class I or class

24  II, or a history of uncorrected class III, firesafety

25  deficiencies, an extension must not be granted.  The local

26  fire official shall send a copy of the document granting the

27  time extension to the Agency for Health Care Administration.

28         k.  A facility owner whose facility is required to be

29  equipped with an automatic fire sprinkler system under Chapter

30  23, NFPA 101, 1994 edition, as adopted herein, must disclose

31  to any potential buyer of the facility that an installation of

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  1  an automatic fire sprinkler requirement exists.  The sale of

  2  the facility does not alter the timeframe for the installation

  3  of the automatic fire sprinkler system.

  4         1.  Existing facilities required to install an

  5  automatic fire sprinkler system as a result of

  6  construction-type restrictions in Chapter 23, NFPA 101, 1994

  7  edition, as adopted herein, or evacuation capability

  8  requirements shall be notified by the local fire official in

  9  writing of the automatic fire sprinkler requirement, as well

10  as the appropriate date for final compliance as provided in

11  this subparagraph.  The local fire official shall send a copy

12  of the document to the Agency for Health Care Administration.

13         m.  Except in cases of life-threatening fire hazards,

14  if an existing facility experiences a change in the evacuation

15  capability, or if the local authority having jurisdiction

16  identifies a construction-type restriction, such that an

17  automatic fire sprinkler system is required, it shall be

18  afforded time for installation as provided in this

19  subparagraph.

20

21  Facilities that are fully sprinkled and in compliance with

22  other firesafety standards are not required to conduct more

23  than one of the required fire drills between the hours of 11

24  p.m. and 7 a.m., per year.  In lieu of the remaining drills,

25  staff responsible for residents during such hours may be

26  required to participate in a mock drill that includes a review

27  of evacuation procedures. Such standards must be included or

28  referenced in the rules adopted by the State Fire Marshal.

29  Pursuant to s. 633.022(1)(b), the State Fire Marshal is the

30  final administrative authority for firesafety standards

31  established and enforced pursuant to this section. All

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  1  licensed facilities must have an annual fire inspection

  2  conducted by the local fire marshal or authority having

  3  jurisdiction.

  4         (b)  The preparation and annual update of a

  5  comprehensive emergency management plan.  Such standards must

  6  be included in the rules adopted by The department shall

  7  consult after consultation with the Department of Community

  8  Affairs in adopting rules regulating such plans.  At a

  9  minimum, the plans rules must provide for plan components that

10  address emergency evacuation transportation; adequate

11  sheltering arrangements; postdisaster activities, including

12  provision of emergency power, food, and water; postdisaster

13  transportation; supplies; staffing; emergency equipment;

14  individual identification of residents and transfer of

15  records; communication with families; and responses to family

16  inquiries.  Each facility's The comprehensive emergency

17  management plan is subject to review and approval by the local

18  emergency management agency. During its review, the local

19  emergency management agency shall ensure that the following

20  agencies, at a minimum, are also given the opportunity to

21  review the plan:  the Department of Elderly Affairs, the

22  Department of Health, the Agency for Health Care

23  Administration, and the Department of Community Affairs, and.

24  Also, appropriate volunteer organizations must be given the

25  opportunity to review the plan.  The local emergency

26  management agency shall complete its review within 60 days and

27  either approve the plan or advise the facility of necessary

28  revisions.

29         (c)  The number, training, and qualifications of all

30  personnel having responsibility for the care and safety of

31  residents.  The rules must require adequate staff to provide

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  1  for the safety of all residents.  Facilities licensed for 17

  2  or more residents are required to maintain an alert staff for

  3  24 hours per day.

  4         (d)  All safety and sanitary conditions within the

  5  facility and its surroundings which will ensure the health,

  6  and comfort, and security of residents.  The rules must

  7  clearly delineate the responsibilities of the agency's

  8  licensure and survey staff, the county health departments, and

  9  the local authority having jurisdiction over fire safety and

10  ensure that regulatory jurisdiction does not conflict or

11  overlap and that inspections are not duplicated duplicative.

12  The agency may collect fees for food service inspections

13  conducted by the county health departments and transfer such

14  fees to the Department of Health.

15         (e)  License application and license renewal,

16  advertising, transfer of ownership, proper management of

17  resident funds and personal property, surety bonds, resident

18  contracts, refund policies, financial ability to operate, and

19  facility and staff records.

20         (f)  Inspections, complaint investigations,

21  moratoriums, classification of deficiencies, and levying and

22  enforcement of penalties, and use of income from fees and

23  fines.

24         (g)  The enforcement of the resident bill of rights

25  specified in s. 400.428.

26         (h)  The care and maintenance of residents, which must

27  include, but is not limited to:

28         1.  The supervision of residents;

29         2.  The provision of personal and nursing services;

30         3.  The provision of, or arrangement for, social and

31  leisure activities;

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  1         4.  The arrangement for appointments and transportation

  2  to appropriate medical, dental, nursing, or mental health

  3  services, as needed by residents;

  4         5.  The management of medication;

  5         6.  The nutritional needs of residents; and

  6         7.  Resident records.

  7         (i)  Facilities holding a limited nursing, extended

  8  congregate care, or limited mental health license.

  9         (j)  The establishment of specific criteria to define

10  appropriateness of resident admission and continued residency

11  in a facility holding a standard, limited nursing, extended

12  congregate care, and limited mental health license.

13         (k)  The use of physical or chemical restraints.  The

14  use of physical restraints is limited to half-bed rails as

15  prescribed and documented biannually by the resident's

16  physician with the consent of the resident or, if applicable,

17  the resident's representative or designee or the resident's

18  surrogate, guardian, or attorney in fact.  The use of chemical

19  restraints is limited to prescribed dosages of medications

20  evaluated and authorized by the resident's physician and must

21  be consistent with the resident's diagnosis. Residents who are

22  receiving medications that can serve as chemical restraints

23  must be evaluated by their physician at least annually to

24  assess:

25         1.  the continued need for the medication.

26         2.  The level of the medication in the resident's

27  blood.

28         3.  The need for adjustments in the prescription.

29         (l)  Facility and resident security, including security

30  systems that ensure the residents' safety but maximize their

31  access and independence.

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  1         (2)  In adopting any rules pursuant to this part, the

  2  department, in conjunction with the agency, shall make

  3  distinct standards for facilities based upon facility size;

  4  the types of care provided; the physical and mental

  5  capabilities and needs of residents; the type, frequency, and

  6  amount of services and care offered; and the staffing

  7  characteristics of the facility; and any other factors that

  8  require allowances for differences. Rules developed pursuant

  9  to this section shall not restrict the use of shared staffing

10  and shared programming in facilities that are part of

11  retirement communities that provide multiple levels of care

12  and otherwise meet the requirements of law and rule.  Except

13  for uniform firesafety standards, the department shall adopt

14  by rule separate and distinct standards for facilities with 16

15  or fewer beds and for facilities with 17 or more beds.  The

16  standards for facilities with 16 or fewer beds shall be

17  appropriate for a noninstitutional residential environment,

18  provided that the structure is no more than two stories in

19  height and all persons who cannot exit the facility unassisted

20  in an emergency reside on the first floor.  The department, in

21  conjunction with the agency, may make other distinctions among

22  types of facilities as necessary to enforce the provisions of

23  this part. Where appropriate, the agency shall offer alternate

24  solutions for complying with established standards, based on

25  distinctions made by the department and the agency relative to

26  the physical characteristics of facilities and the types of

27  care offered therein.

28         (3)  In addition to waivers granted under s. 120.542,

29  The department shall submit a copy of proposed rules to the

30  Speaker of the House of Representatives, the President of the

31

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  1  Senate, and appropriate committees of substance for review and

  2  comment prior to the promulgation thereof.

  3         (a)  Rules promulgated by the department shall

  4  encourage the development of homelike facilities which promote

  5  the dignity, individuality, personal strengths, and

  6  decisionmaking ability of residents.

  7         (b)  The agency, in consultation with the department,

  8  in consultation with the agency, may waive rules adopted under

  9  promulgated pursuant to this part in order to demonstrate and

10  evaluate innovative or cost-effective residential congregate

11  care alternatives that which enable individuals to age in

12  place.  Such waivers may be granted only in instances where

13  there is reasonable assurance that the health, safety, or

14  welfare of residents will not be endangered.  To apply for a

15  waiver, the licensee shall submit to the department and the

16  agency a written description of the concept to be

17  demonstrated, including goals, objectives, and anticipated

18  benefits; the number and types of residents who will be

19  affected, if applicable; the rules for which a waiver is being

20  requested; a brief description of how the demonstration will

21  be evaluated; and any other information that the department

22  considers deemed appropriate by the agency.  Any facility

23  granted a waiver shall submit a report of findings to the

24  agency and the department and the agency within 12 months.  At

25  such time, the department agency may renew or revoke the

26  waiver or pursue any regulatory or statutory changes necessary

27  to allow other facilities to adopt the same practices. The

28  department may by rule clarify terms and establish waiver

29  application procedures, criteria for reviewing waiver

30  proposals, and procedures for reporting findings, and clarify

31  terms as necessary to implement this subsection.

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  1         (4)  The agency may use an abbreviated biennial

  2  inspection procedure, as established by rule, which consists

  3  of a review of key quality-of-care standards in lieu of a full

  4  inspection in facilities which have a good record of past

  5  performance as documented in the agency's last two survey

  6  reports. However, a full inspection shall be conducted in

  7  facilities that which have had a history of class I

  8  violations, uncorrected or class II or violations, uncorrected

  9  class III violations, confirmed ombudsman council complaints,

10  or confirmed licensure complaints, within the previous

11  licensure period immediately preceding the inspection or when

12  a potentially serious problem is identified during the

13  abbreviated inspection.  The department agency, in

14  consultation with the agency department, shall develop the key

15  quality-of-care standards with input from the State Long-Term

16  Care Ombudsman Council and representatives of provider groups

17  for adoption by rule incorporation into its rules.  Beginning

18  on or before March 1, 1991, the department, in consultation

19  with the agency, shall report annually to the Legislature

20  concerning its implementation of this subsection.  The report

21  shall include, at a minimum, the key quality-of-care standards

22  which have been developed; the number of facilities identified

23  as being eligible for the abbreviated inspection; the number

24  of facilities which have received the abbreviated inspection

25  and, of those, the number that were converted to full

26  inspection; the number and type of subsequent complaints

27  received by the agency or department on facilities which have

28  had abbreviated inspections; any recommendations for

29  modification to this subsection; any plans by the agency to

30  modify its implementation of this subsection; and any other

31  information which the department believes should be reported.

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  1         (5)  The department may charge a reasonable fee to

  2  cover the cost of duplication and postage for A fee shall be

  3  charged by the department to any person requesting a copy of

  4  this part or rules adopted promulgated under this part.  Such

  5  fees shall not exceed the actual cost of duplication and

  6  postage.

  7         Section 6.  Section 400.4411, Florida Statutes, is

  8  created to read:

  9         400.4411  Firesafety standards.--In accordance with s.

10  633.022 and this section, the State Fire Marshal, in

11  consultation with the department, the agency, and the

12  Department of Health, shall establish uniform firesafety

13  standards for assisted living facilities. The State Fire

14  Marshal is the final administrative authority for firesafety

15  standards established and enforced under this section.

16         (1)  EVALUATION CAPABILITY DETERMINATION.--The

17  provisions of the National Fire Protection Association, NFPA

18  101A, chapter 5, 1995 edition, must be used to determine the

19  ability of residents, with or without staff assistance, to be

20  relocated from or within a facility to a point of safety as

21  provided in the firesafety standards.

22         (a)  Each facility shall, within 6 months after the

23  date of initial licensing, evaluate the facility's evacuation

24  capability.

25         (b)  Any existing facility that is not fully equipped

26  with an automatic fire sprinkler system shall evaluate its

27  evacuation capability at least annually. The local authority

28  that has jurisdiction over fire safety or the State Fire

29  Marshal shall, without liability, validate the evacuation

30  capability of such a facility before the facility's biennial

31  license renewal date. However, if the local authority has

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  1  reason to believe that the facility's evacuation capability as

  2  reported by the facility may have changed, the local authority

  3  may, with the assistance of the facility administrator,

  4  reevaluate the evacuation capability through timed exiting

  5  drills according to the following criteria:

  6         1.  Three minutes or less: prompt.

  7         2.  More than 3 minutes but not more than 13 minutes:

  8  slow.

  9         3.  More than 13 minutes: impractical.

10         (c)  A facility that is fully equipped with sprinklers

11  and is otherwise in compliance with all firesafety standards

12  is not required to conduct more than one of the required fire

13  drills between the hours of 11 p.m. and 7 a.m., per year.

14  Staff responsible for residents during those hours may be

15  required to participate in a mock drill that includes a review

16  of evacuation procedures. Such standards must be included or

17  referenced in the rules adopted by the State Fire Marshal.

18         (d)  The administrator shall sign an affidavit

19  verifying the number of residents occupying the facility at

20  the time of the evacuation capability determination.

21         (2)  FIRESAFETY REQUIREMENTS.--

22         (a)  Except for the modifications provided in this

23  section, the provisions of the National Fire Protection

24  Association, Life Safety Code, NFPA, 1994 edition, chapter 22

25  for new facilities and chapter 23 for existing facilities,

26  shall be the firesafety standard for assisted living

27  facilities, pursuant to s. 633.022.

28         (b)  Any new facility that applies for a license after

29  December 31, 1995, must be equipped with an automatic fire

30  sprinkler system. The exceptions provided in section

31  22-2.3.5.1 NFPA 101, 1994 edition, apply only to a new

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  1  facility housing eight or fewer residents. As used in this

  2  section, the term "new facility" does not include an existing

  3  facility that has undergone a transfer of ownership.

  4         (c)  Notwithstanding any provision of s. 633.022 or the

  5  National Fire Protection Association, NFPA 101A, chapter 5,

  6  1995 edition, any existing facility housing eight or fewer

  7  residents is not required to install an automatic fire

  8  sprinkler system nor to comply with any other requirement in

  9  chapter 23 of NFPA 101, 1994 edition, which exceeds the

10  firesafety requirements of NFPA 101, 1988 edition, except that

11  a facility that has been classified as impractical to evacuate

12  must install an automatic fire sprinkler system within the

13  timeframes specified in this section.

14         (d)  Any existing facility that is required to install

15  an automatic fire sprinkler system under this subsection need

16  not meet other firesafety requirements of chapter 23, NFPA

17  101, 1994 edition, which exceed the provisions of NFPA 101,

18  1988 edition. The provisions of this subsection which require

19  certain facilities to install an automatic fire sprinkler

20  system supersede any other requirement.

21         (e)  This subsection does not supersede the exceptions

22  granted in NFPA 101, 1988 or 1994 edition.

23         (f)  This subsection does not exempt facilities from

24  other firesafety provisions adopted under s. 633.022 and local

25  building code requirements in effect before July 1, 1995.

26         (g)  Fees charged by a local government may not exceed

27  the actual expenses incurred by the local government in

28  connection with the installation and maintenance of an

29  automatic fire sprinkler system in an existing and properly

30  licensed assisted living facility.

31

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  1         (h)  If a licensed facility undergoes major

  2  reconstruction or addition to an existing building after

  3  December 31, 1995, the entire building must be equipped with

  4  an automatic fire sprinkler system. Major reconstruction of a

  5  building means addition, repair, or restoration that costs

  6  more than 50 percent of the value of the building as reported

  7  on the tax rolls, excluding land, before reconstruction.

  8  Multiple reconstruction projects that take place within a

  9  5-year period the total costs of which exceed 50 percent of

10  the initial value of the building at the time the first

11  reconstruction project was permitted are to be considered

12  major reconstruction.

13         (i)  Any facility licensed before January 1, 1996,

14  which is required to install an automatic fire sprinkler

15  system must complete the installation within the following

16  timeframes based upon the evacuation capability of the

17  facility as determined under subsection (1):

18         1.  Impractical evacuation capability: 24 months.

19         2.  Slow evacuation capability: 48 months.

20         3.  Prompt evacuation capability: 60 months.

21         (j)  Existing facilities that are required to install

22  an automatic fire sprinkler system as a result of

23  construction-type restrictions in chapter 23, NFPA 101, 1994

24  edition, or evacuation capability requirements shall be

25  notified by the local authority having jurisdiction, in

26  writing, of the automatic fire sprinkler requirement and of

27  the appropriate deadline date for final compliance. The

28  beginning date from which the deadline for final compliance is

29  calculated is the date on which the facility receives the

30  written notice from the local authority. The local authority

31  shall send to the agency a copy of each such notice.

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  1         (k)  Except in case of life-threatening fire hazards,

  2  if an existing facility experiences a change in evacuation

  3  capability or if the local authority having jurisdiction

  4  identifies a construction-type restriction that requires the

  5  installation of an automatic fire sprinkler system, the

  6  facility must be given time for installation as provided in

  7  this subsection.

  8         (l)  It is recognized that the installation of an

  9  automatic fire sprinkler system may create financial hardship

10  for some facilities. The appropriate local authority having

11  jurisdiction shall, without liability, grant two 1-year

12  extensions if an automatic fire sprinkler installation cost

13  estimate and proof of denial by two financial institutions of

14  a construction loan to install the automatic fire sprinkler

15  system are submitted. However, an extension may not be granted

16  to any facility that has had a class I, an uncorrected class

17  II, or a history of uncorrected class III firesafety

18  violations. The local authority shall send to the agency a

19  copy of each document granting a time extension.

20         (m)  A facility owner of an existing facility that is

21  required to be equipped with an automatic fire sprinkler

22  system must disclose the requirement to any potential buyer.

23  The sale of the facility does not alter the timeframe for the

24  installation of the automatic fire sprinkler system.

25         (3)  FIRESAFETY INSPECTIONS.--Each licensed facility

26  must have an annual fire inspection conducted by the local

27  authority having jurisdiction or the State Fire Marshal.

28         (4)  TRAINING.--

29         (a)  The State Fire Marshal shall provide or cause to

30  be provided training and education on the proper application

31  of chapter 5, NFPA 101A, 1995 edition, to its employees, to

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  1  agency staff who are responsible for regulating facilities

  2  under this part, and to local government inspectors. The State

  3  Fire Marshal may charge a fee to offset training costs.

  4         (b)  The State Fire Marshal, in cooperation with

  5  provider associations, shall provide or cause to be provided a

  6  training program designed to inform facility operators how to

  7  properly review bid documents relating to the installation of

  8  automatic fire sprinklers. The State Fire Marshal may charge a

  9  fee to offset training costs.

10         Section 7.  Section 400.452, Florida Statutes, 1998

11  Supplement, is amended to read:

12         400.452  Staff training and educational programs; core

13  educational requirement.--

14         (1)  The department shall provide, or cause to be

15  provided, training and educational programs for the

16  administrators and other assisted living facility staff to

17  better enable them to appropriately respond to the needs of

18  residents, to maintain resident care and facility standards,

19  and to meet licensure requirements.

20         (2)  The department shall also establish an assisted

21  living facility a core educational program requirement to be

22  used in these programs. Successful completion of the core

23  educational requirement must include successful completion of

24  a competency test. The core training program must be available

25  at least quarterly in each planning and service area of the

26  department. A new facility administrator must complete the

27  core educational requirement within 3 months after being

28  employed as an administrator. Failure to complete the core

29  educational requirement is a violation of this part and

30  subjects the violator to a penalty as prescribed in s.

31  400.419. Administrators licensed in accordance with chapter

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  1  486, part II, are exempt from this requirement. Programs must

  2  be provided by the department or by a provider approved by the

  3  department at least quarterly.  The core training program

  4  educational requirement must, at a minimum, cover at least the

  5  following topics:

  6         (a)  State law and rules relating to assisted living

  7  facilities.

  8         (b)  Resident rights and identifying and reporting

  9  abuse, neglect, and exploitation.

10         (c)  Special needs of elderly persons, persons with

11  mental illness, and persons with developmental disabilities

12  and how to meet those needs.

13         (d)  Nutrition and food service, including acceptable

14  sanitation practices for preparing, storing, and serving food.

15         (e)  Medication practice, management, and recordkeeping

16  in an assisted living facility, and proper techniques for

17  assisting residents with self-administered medication.

18         (f)  Firesafety requirements, including fire evacuation

19  drill procedures and other emergency procedures.

20         (g)  Care of persons with Alzheimer's disease and

21  related disorders.

22         (3)  Such a program must be available at least

23  quarterly in each planning and service area of the department.

24  The competency test must be developed by the department in

25  conjunction with the agency and providers. A new facility

26  administrator must complete the core educational requirement

27  including the competency test within 3 months after being

28  employed as an administrator.  Failure to complete a core

29  educational requirement specified in this subsection is a

30  violation of this part and subjects the violator to an

31  administrative fine as prescribed in s. 400.419.

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  1  Administrators licensed in accordance with chapter 468, part

  2  II, are exempt from this requirement. Other licensed

  3  professionals may be exempted, as determined by the department

  4  by rule.

  5         (3)(4)  Administrators are required to participate in a

  6  minimum of 12 hours of continuing education for a minimum of

  7  12 contact hours every 2 years.

  8         (4)(5)  Staff involved with the management of

  9  medications and assisting with the self-administration of

10  medications under s. 400.4256 must complete a minimum of 4

11  hours of training pursuant to a curriculum developed by the

12  department and provided by a registered nurse, licensed

13  pharmacist, or department staff.

14         (5)(6)  Other facility staff shall participate in

15  training relevant to their job duties as specified by rule of

16  the department.

17         (6)(7)  A facility that does not have any residents who

18  receive monthly optional supplementation payments must pay a

19  reasonable fee for such training and education programs. A

20  facility that has one or more such residents shall pay a

21  reduced fee that is proportional to the percentage of such

22  residents in the facility. Any facility more than 90 percent

23  of whose residents receive monthly optional state

24  supplementation payments is not required to pay for the

25  training and continuing education programs required under this

26  section. Failure to pay training fees in accordance with this

27  subsection is a violation of this part and subjects the

28  violator to a penalty as prescribed in s. 400.419.

29         (7)(8)  If the department or the agency determines that

30  there are problems in a facility that could be reduced through

31  specific staff training or education beyond that already

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  1  required under this section, the department or the agency may

  2  require, and provide, or cause to be provided, the training or

  3  education of any personal care staff in the facility.

  4         (8)(9)  The department shall adopt rules to establish

  5  training programs, standards and curriculum for training,

  6  staff training requirements, training fees, and procedures for

  7  approving training programs, and training fees. The department

  8  may charge a reasonable fee to review the curriculum and

  9  qualifications of anyone who seeks to provide approved

10  training programs under this section and rules adopted under

11  this section.

12         Section 8.  This act shall take effect July 1, 1999.

13

14            *****************************************

15                          SENATE SUMMARY

16    Revises provisions relating to assisted living
      facilities. Revises training requirements for staff that
17    provide special care for residents who have Alzheimer's
      disease or related disorders. Amends provisions relating
18    to contracts between the facilities and their residents.
      Revises guidelines for providing nursing services to
19    residents. Allows facilities to honor do-not-resuscitate
      orders. Prohibits a staff member's acting as a resident's
20    attorney-in-fact unless the two of them are relatives.
      Deletes firesafety requirements from the rulemaking
21    authority of the Department of Elderly Affairs. Provides
      the authority to make rules pertaining to advertising,
22    nursing services, and security. Deletes authority to
      dispose of fees and fines. Removes from the facilities
23    the responsibility for the medical regulation of chemical
      restraints. Deletes a requirement to send proposed rule
24    drafts to the Legislature. Allows the Department of
      Elderly Affairs, rather than the Agency for Health Care
25    Administration, to provide waivers from department rules.
      Requires the department, rather than the agency, to
26    develop abbreviated inspection procedures and standards.
      Deletes a requirement of an annual report. Revises
27    departmental training requirements. Allows the department
      to charge a fee for approving training curricula and
28    training providers.

29

30

31

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