HOUSE AMENDMENT

                                                  Bill No. HB 1971

    Amendment No. 04 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Crist offered the following:

12

13         Amendment (with directory language and title

14  amendments) 

15         On page 22, line 10 of the bill

16

17  insert:

18         (2)  Every licensed facility shall submit the form of

19  its contract or contracts with residents to the agency for

20  approval.  The agency shall reject any contract which contains

21  language which is vague, misleading, illegal, or against

22  public policy as set forth in the Florida Statutes or federal

23  laws or regulations, and the facility shall submit revised

24  contracts which cure the deficiencies found by the agency. If

25  a facility is part of a continuing care facility certified

26  under chapter 651, the review and approval of the contract or

27  contracts shall be completed by the Department of Insurance,

28  which shall consult with the agency regarding portions of

29  contracts related to nursing home care. Beginning 1 year after

30  the effective date of this subsection, a facility may not

31  enter into a contract, renew a contract, or enforce a contract

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    File original & 9 copies    04/22/99
    hjc0005                     12:56 am         01971-0060-663895




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1971

    Amendment No. 04 (for drafter's use only)





 1  with a resident unless the form of the contract has been

 2  approved by the agency. Any contract submitted for review

 3  shall be deemed approved if the reviewing agency has not

 4  rejected it within 180 days after its submission, unless the

 5  facility waives this provision. However, contracts which were

 6  fully entered into prior to the effective date of this act and

 7  which have not been amended or renewed subsequent thereto need

 8  not be reviewed and approved pursuant to this subsection.

 9

10

11  == D I R E C T O R Y   L A N G U A G E   A M E N D M E N T ==

12  And the directory language is amended as follows:

13         On page 22, line 10

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15  insert:  Section 10.  Subsection (2) of section 400.151,

16  Florida Statutes, is renumbered as subsection (3), and a new

17  subsection (2) is added to said section to read:  400.151

18  Contracts.--

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21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page  2, line 17 after the word (training;)

24

25  insert:

26         amending s. 400.151, F.S.; requiring agency

27         approval of the form of facility contracts with

28         residents; providing exceptions;

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    File original & 9 copies    04/22/99
    hjc0005                     12:56 am         01971-0060-663895