Senate Bill 0834e1

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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1                      A bill to be entitled

  2         An act relating to nursing home facilities;

  3         creating s. 400.0078, F.S.; requiring the

  4         Office of State Long-Term Care Ombudsman to

  5         establish a statewide toll-free telephone

  6         number; amending s. 400.022, F.S.; providing

  7         immediate access to residents for

  8         representatives of the Office of the Attorney

  9         General; creating s. 400.0225, F.S.; directing

10         the Agency for Health Care Administration to

11         contract for consumer satisfaction surveys for

12         nursing home residents; providing procedures

13         and requirements for use of such surveys;

14         amending s. 400.0255, F.S.; defining terms

15         relating to facility decisions to transfer or

16         discharge a resident; providing procedures,

17         requirements, and limitations; requiring notice

18         to the agency under certain circumstances;

19         providing for review of a notice of discharge

20         or transfer by the district long-term care

21         ombudsman, upon request; specifying timeframes;

22         amending s. 400.071, F.S.; providing additional

23         requirements for licensure and renewal;

24         providing a certificate-of-need preference for

25         Gold Seal licensees; creating s. 400.118, F.S.;

26         directing the agency to establish a quality

27         assurance early warning system; providing for

28         quality-of-care monitoring; providing duties of

29         monitors; excluding certain information from

30         discovery or introduction in evidence in civil

31         or administrative actions; providing for rapid


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         response teams; amending s. 400.121, F.S.;

  2         authorizing the agency to require certain

  3         facilities to increase staffing; authorizing

  4         such facilities to request an expedited interim

  5         rate increase; providing a penalty; amending s.

  6         400.141, F.S.; providing requirements for

  7         appointment of a medical director; providing

  8         for resident use of a community pharmacy and

  9         for certain repackaging of prescription

10         medication; providing for immunity from

11         liability in the administration of repackaged

12         medication; revising conditions for encouraging

13         facilities to provide other needed services;

14         requiring public display of certain assistance

15         information; authorizing Gold Seal facilities

16         to develop programs to provide certified

17         nursing assistant training; amending s.

18         400.162, F.S.; revising procedures and policies

19         regarding the safekeeping of residents'

20         property; amending s. 400.19, F.S., relating to

21         the agency's right of entry and inspection;

22         providing a time period for investigation of

23         certain complaints; amending s. 400.191, F.S.;

24         revising requirements for provision of

25         information to the public by the agency;

26         amending s. 400.215, F.S.; providing for

27         nursing home employees to work on a

28         probationary basis upon meeting certain minimal

29         screening requirements; authorizing certain

30         employers direct access to databases for

31         employment screening; requiring notification


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         within a specified time of approval or denial

  2         of a request for an exemption from employment

  3         disqualification; amending s. 400.23, F.S.;

  4         abolishing the Nursing Home Advisory Committee;

  5         revising the system for evaluating facility

  6         compliance with licensure requirements;

  7         eliminating ratings and providing for standard

  8         or conditional licensure status; directing the

  9         agency to adopt rules to provide minimum

10         staffing requirements for nursing homes and to

11         allow certain staff to assist residents with

12         eating; increasing the maximum penalty for all

13         classes of deficiencies; creating s. 400.235,

14         F.S.; providing for development of a Gold Seal

15         Program for recognition of facilities

16         demonstrating excellence in long-term care;

17         establishing a Panel on Excellence in Long-Term

18         Care under the Executive Office of the

19         Governor; providing membership; providing

20         program criteria; providing for duties of the

21         panel and the Governor; providing for agency

22         rules; providing for biennial relicensure of

23         Gold Seal Program facilities, under certain

24         conditions; amending s. 400.241, F.S.; making

25         it unlawful to warn a nursing home of an

26         unannounced inspection; amending s. 408.035,

27         F.S.; providing certificate-of-need review

28         criteria for Gold Seal facilities; creating s.

29         408.909, F.S.; requiring that the Agency for

30         Health Care Administration implement a pilot

31         project for establishing teaching nursing


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  1         homes; specifying requirements for a nursing

  2         home facility to be designated as a teaching

  3         nursing home; requiring that the agency develop

  4         additional criteria; authorizing a teaching

  5         nursing home to be affiliated with a medical

  6         school within the State University System;

  7         providing for annual appropriations to a

  8         teaching nursing home; providing certain

  9         limitations on the expenditure of funds by a

10         teaching nursing home; amending s. 468.1755,

11         F.S.; providing for disciplinary action against

12         a nursing home administrator who authorizes

13         discharge or transfer of a resident for a

14         reason other than provided by law; amending ss.

15         394.4625, 400.063, and 468.1756, F.S.;

16         conforming cross-references; reenacting ss.

17         468.1695(3) and 468.1735, F.S.; incorporating

18         the amendment to s. 468.1755, F.S., in

19         references thereto; providing for funding for

20         recruitment of qualified nursing facility

21         staff; creating a panel on Medicaid

22         reimbursement; providing membership and duties;

23         requiring reports; providing for expiration;

24         requiring a study of factors affecting

25         recruitment, training, employment, and

26         retention of qualified certified nursing

27         assistants; requiring a report; repealing s.

28         400.29, F.S., relating to an agency annual

29         report of nursing home facilities; amending s.

30         430.502, F.S.; establishing an additional

31         Alzheimer's disease memory disorder clinic;


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         providing an appropriation; requiring the act

  2         to comply with ss. 112.3189, 48.102, F.S.;

  3         providing effective dates.

  4

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

  6

  7         Section 1.  Section 400.0078, Florida Statutes, is

  8  created to read:

  9         400.0078  Statewide toll-free telephone number.--The

10  Office of State Long-Term Care Ombudsman shall establish a

11  statewide toll-free telephone number for receiving complaints

12  concerning nursing facilities.

13         Section 2.  Paragraph (c) of subsection (1) of section

14  400.022, Florida Statutes, is amended to read:

15         400.022  Residents' rights.--

16         (1)  All licensees of nursing home facilities shall

17  adopt and make public a statement of the rights and

18  responsibilities of the residents of such facilities and shall

19  treat such residents in accordance with the provisions of that

20  statement.  The statement shall assure each resident the

21  following:

22         (c)  Any entity or individual that provides health,

23  social, legal, or other services to a resident has the right

24  to have reasonable access to the resident.  The resident has

25  the right to deny or withdraw consent to access at any time by

26  any entity or individual. Notwithstanding the visiting policy

27  of the facility, the following individuals must be permitted

28  immediate access to the resident:

29         1.  Any representative of the federal or state

30  government, including, but not limited to, representatives of

31  the Department of Children and Family Health and


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  1  Rehabilitative Services, the Department of Health, the Agency

  2  for Health Care Administration, the Office of the Attorney

  3  General, and the Department of Elderly Affairs; any law

  4  enforcement officer; members of the state or district

  5  ombudsman council; and the resident's individual physician.

  6         2.  Subject to the resident's right to deny or withdraw

  7  consent, immediate family or other relatives of the resident.

  8

  9  The facility must allow representatives of the State Nursing

10  Home and Long-Term Care Facility Ombudsman Council to examine

11  a resident's clinical records with the permission of the

12  resident or the resident's legal representative and consistent

13  with state law.

14         Section 3.  Section 400.0225, Florida Statutes, is

15  created to read:

16         400.0225  Consumer satisfaction surveys.--The agency,

17  or its contractor, in consultation with the nursing home

18  industry and consumer representatives, shall develop an

19  easy-to-use consumer satisfaction survey, shall ensure that

20  every nursing facility licensed pursuant to this part

21  participates in assessing consumer satisfaction, and shall

22  establish procedures to ensure that, at least annually, a

23  representative sample of residents of each facility is

24  selected to participate in the survey. The sample shall be of

25  sufficient size to allow comparisons between and among

26  facilities. Family members, guardians, or other resident

27  designees may assist the resident in completing the survey.

28  Employees and volunteers of the nursing facility or of a

29  corporation or business entity with an ownership interest in

30  the facility are prohibited from assisting a resident with or

31  attempting to influence a resident's responses to the consumer


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  satisfaction survey. The agency, or its contractor, shall

  2  survey family members, guardians, or other resident designees

  3  when the resident is mentally incapable of responding to the

  4  survey. The agency, or its contractor, shall specify the

  5  protocol for conducting and reporting the consumer

  6  satisfaction surveys. Reports of consumer satisfaction surveys

  7  shall protect the identity of individual respondents. The

  8  agency shall contract for consumer satisfaction surveys and

  9  report the results of those surveys in the consumer

10  information materials prepared and distributed by the agency.

11         Section 4.  Section 400.0231, Florida Statutes, is

12  renumbered as section 400.1415, Florida Statutes.

13         Section 5.  Section 400.0255, Florida Statutes, is

14  amended to read:

15         400.0255  Resident hearings of facility decisions to

16  transfer or discharge; requirements and procedures;

17  hearings.--

18         (1)  As used in this section, the term:

19         (a)  "Discharge" means to move a resident to a

20  noninstitutional setting when the releasing facility ceases to

21  be responsible for the resident's care.

22         (b)  "Transfer" means to move a resident from the

23  facility to another legally responsible institutional setting.

24  "discharge" or "transfer" means the movement of a resident to

25  a bed outside the certified facility. "Discharge" or

26  "transfer" does not refer to the movement of a resident to a

27  bed within the same certified facility.

28         (2)  Each facility licensed under this part must comply

29  with subsection (10) and s. 400.022(1)(p) when deciding to

30  discharge or transfer a resident.

31


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         (3)  When a resident is to be discharged or

  2  transferred, the nursing home administrator employed by the

  3  nursing home that is discharging or transferring the resident,

  4  or an individual employed by the nursing home who is

  5  designated by the nursing home administrator to act on behalf

  6  of the administrator, must sign the notice of discharge or

  7  transfer. Any notice indicating a medical reason for transfer

  8  or discharge must be signed by the resident's attending

  9  physician or the medical director of the facility.

10         (4)(a)  Each facility must notify the agency of any

11  proposed discharge or transfer of a resident when such

12  discharge or transfer is necessitated by changes in the

13  physical plant of the facility that make the facility unsafe

14  for the resident.

15         (b)  Upon receipt of such a notice, the agency shall

16  conduct an onsite inspection of the facility to verify the

17  necessity of the discharge or transfer.

18         (5)(2)  A resident of any Medicaid or Medicare

19  certified facility may challenge a decision by the facility to

20  discharge or transfer the resident.

21         (6)  A facility that has been reimbursed for reserving

22  a bed and, for reasons other than those permitted under this

23  section, refuses to readmit a resident within the prescribed

24  timeframe shall refund the bed reservation payment.

25         (7)(3)  At least 30 days prior to any proposed transfer

26  or discharge, a facility must provide advance notice of the

27  proposed transfer or discharge to the resident and, if known,

28  to a family member or the resident's legal guardian or

29  representative, except, in the following circumstances, the

30  facility shall give notice as soon as practicable before the

31  transfer or discharge:


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  1         (a)  The transfer or discharge is necessary for the

  2  resident's welfare and the resident's needs cannot be met in

  3  the facility, and the circumstances are documented in the

  4  resident's medical records by the resident's physician; or

  5         (b)  The health or safety of other residents or

  6  facility employees would be endangered, and the circumstances

  7  are documented in the resident's medical records by the

  8  resident's physician or the medical director if the resident's

  9  physician is not available.

10         (8)(4)  The notice required by subsection (7) (3) must

11  be in writing and must contain all information required by

12  state and federal law, rules, or regulations applicable to

13  Medicaid or Medicare cases. The agency shall develop a

14  standard document to be used by all facilities licensed under

15  this part for purposes of notifying residents of a discharge

16  or transfer. Such document must include a means for a resident

17  to request the district long-term care ombudsman council to

18  review the notice and request information about or assistance

19  with initiating a fair hearing with the department's Office of

20  Appeals Hearings. In addition to any other pertinent

21  information included, the form shall specify the reason

22  allowed under federal or state law that the resident is being

23  discharged or transferred, with an explanation to support this

24  action. Further, the form shall state the effective date of

25  the discharge or transfer and the location to which the

26  resident is being discharged or transferred. The form shall

27  clearly describe the resident's appeal rights and the

28  procedures for filing an appeal, including the right to

29  request the district ombudsman council to review the notice of

30  discharge or transfer. A copy of the notice must be placed in

31  the resident's clinical record, and a copy must be transmitted


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  1  to the resident's legal guardian or representative and to the

  2  local district ombudsman council.

  3         (9)  A resident may request that the district ombudsman

  4  council review any notice of discharge or transfer given to

  5  the resident. When requested by a resident to review a notice

  6  of discharge or transfer, the district ombudsman council shall

  7  do so within 7 days after receipt of the request. The nursing

  8  home administrator, or the administrator's designee, must

  9  forward the request for review contained in the notice to the

10  district ombudsman council within 24 hours after such request

11  is submitted. Failure to forward the request within 24 hours

12  after the request is submitted shall toll the running of the

13  30-day advance notice period until the request has been

14  forwarded.

15         (10)(5)(a)  A resident is entitled to a fair hearing to

16  challenge a facility's proposed transfer or discharge.  The

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

18  may request a hearing at any time within 90 days after of the

19  resident's receipt of the facility's notice of the proposed

20  discharge or transfer.

21         (b)  If a resident requests a hearing within 10 days

22  after of receiving the notice from the facility, the request

23  shall stay the proposed transfer or discharge pending a

24  hearing decision.  The facility may not take action, and the

25  resident may remain in the facility, until the outcome of the

26  initial fair hearing, which must be completed within 90 days

27  after of receipt of a request for a fair hearing.

28         (c)  If the resident fails to request a hearing within

29  10 days after of receipt of the facility notice of the

30  proposed discharge or transfer, the facility may transfer or

31


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  1  discharge the resident after 30 days from the date the

  2  resident received the notice.

  3         (11)(6)  Notwithstanding paragraph (10)(b) (5)(b), an

  4  emergency discharge or transfer may be implemented as

  5  necessary pursuant to state or federal law during the period

  6  of time after the notice is given and before the time a

  7  hearing decision is rendered. Notice of an emergency discharge

  8  or transfer to the resident, the resident's legal guardian or

  9  representative, and the district ombudsman council if

10  requested pursuant to subsection (9) must be by telephone or

11  in person. This notice shall be given before the transfer, if

12  possible, or as soon thereafter as practicable. A district

13  ombudsman council conducting a review under this subsection

14  shall do so within 24 hours after receipt of the request. The

15  resident's file must be documented to show who was contacted,

16  whether the contact was by telephone or in person, and the

17  date and time of the contact. If the notice is not given in

18  writing, written notice meeting the requirements of subsection

19  (8) (4) must be given the next working day.

20         (12)  After receipt of any notice required under this

21  section, the district ombudsman council may request a private

22  informal conversation with a resident to whom the notice is

23  directed, and, if known, a family member or the resident's

24  legal guardian or designee, to ensure that the facility is

25  proceeding with the discharge or transfer in accordance with

26  the requirements of this section. If requested, the district

27  ombudsman council shall assist the resident with filing an

28  appeal of the proposed discharge or transfer.

29         (13)(7)  The following persons must be present at all

30  hearings proceedings authorized under this section:

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  1         (a)  The resident, or the resident's legal

  2  representative or designee.

  3         (b)  The facility administrator, or the facility's

  4  legal representative or designee.

  5

  6  A representative of the district long-term care ombudsman

  7  council may be present at all hearings proceedings authorized

  8  by this section.

  9         (14)(8)  In any hearing proceeding under this section,

10  the following information concerning the parties shall be

11  confidential and exempt from the provisions of s. 119.07(1):

12         (a)  Names and addresses.

13         (b)  Medical services provided.

14         (c)  Social and economic conditions or circumstances.

15         (d)  Evaluation of personal information.

16         (e)  Medical data, including diagnosis and past history

17  of disease or disability.

18         (f)  Any information received verifying income

19  eligibility and amount of medical assistance payments.  Income

20  information received from the Social Security Administration

21  or the Internal Revenue Service must be safeguarded according

22  to the requirements of the agency that furnished the data.

23

24  The exemption created by this subsection does not prohibit

25  access to such information by a district long-term care

26  ombudsman council upon request, by a reviewing court if such

27  information is required to be part of the record upon

28  subsequent review, or as specified in s. 24(a), Art. I of the

29  State Constitution.

30

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  1         (15)(9)(a)  The department's Office of Appeals Hearings

  2  shall conduct hearings under this section.  The office shall

  3  notify the facility of a resident's request for a hearing.

  4         (b)  The department shall, by rule, establish

  5  procedures to be used for fair hearings requested by

  6  residents. These procedures shall be equivalent to the

  7  procedures used for fair hearings for other Medicaid cases,

  8  chapter 10-2, part VI, Florida Administrative Code.  The

  9  burden of proof must be clear and convincing evidence. A

10  hearing decision must be rendered within 90 days after of

11  receipt of the request for hearing.

12         (c)(10)  If the hearing decision is favorable to the

13  resident who has been transferred or discharged, the resident

14  must be readmitted to the facility's first available bed.

15         (d)(11)  The decision of the hearing officer shall be

16  final.  Any aggrieved party may appeal the decision to the

17  district court of appeal in the appellate district where the

18  facility is located.  Review procedures shall be conducted in

19  accordance with the Florida Rules of Appellate Procedure.

20         (16)(12)  The department may adopt rules necessary to

21  administer implement the provisions of this section.

22         Section 6.  Paragraph (g) is added to subsection (2) of

23  section 400.071, Florida Statutes, 1998 Supplement, present

24  subsections (8) and (9) are amended and renumbered as

25  subsections (9) and (10), respectively, and a new subsection

26  (8) is added to that section, to read:

27         400.071  Application for license.--

28         (2)  The application shall be under oath and shall

29  contain the following:

30         (g)  Copies of any civil verdict or judgment involving

31  the applicant rendered within the 10 years preceding the


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  1  application, relating to medical negligence, violation of

  2  residents' rights, or wrongful death.  As a condition of

  3  licensure, the licensee agrees to provide to the agency copies

  4  of any new verdict or judgment involving the applicant,

  5  relating to such matters, within 30 days after filing with the

  6  clerk of the court.  The information required in this

  7  paragraph shall be maintained in the facility's licensure file

  8  and in an agency database that is available as a public

  9  record.

10         (8)  As a condition of licensure, each facility must

11  agree to participate in a consumer satisfaction measurement

12  process as prescribed by the agency.

13         (9)(8)  The agency may not issue a license to a nursing

14  home that fails to receive a certificate of need under the

15  provisions of ss. 408.031-408.045. It is the intent of the

16  Legislature that, in reviewing a certificate-of-need

17  application to add beds to an existing nursing home facility,

18  preference be given to the application of a licensee who has

19  been awarded a Gold Seal as provided for in s. 400.235, if the

20  applicant otherwise meets the review criteria specified in s.

21  408.035.

22         (10)(9)  The agency may develop an abbreviated survey

23  for licensure renewal applicable to a licensee that has

24  continuously operated as a nursing facility since 1991 or

25  earlier, and has operated under the same management for at

26  least the preceding 30 months, and has had during the

27  preceding 30 months no class I or class II deficiencies

28  maintained a superior rating during that period.

29         Section 7.  Section 400.118, Florida Statutes, is

30  created to read:

31


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  1         400.118  Quality assurance; early warning system;

  2  monitoring; rapid response teams.--

  3         (1)  The agency shall establish an early warning system

  4  to detect conditions in nursing facilities that could be

  5  detrimental to the health, safety, and welfare of residents.

  6  The early warning system shall include, but not be limited to,

  7  analysis of financial and quality-of-care indicators that

  8  would predict the need for the agency to take action pursuant

  9  to the authority set forth in this part.

10         (2)(a)  The agency shall establish within each district

11  office one or more quality-of-care monitors, based on the

12  number of nursing facilities in the district, to monitor all

13  nursing facilities in the district on a regular, unannounced,

14  aperiodic basis, including nights, evenings, weekends, and

15  holidays. Priority for monitoring visits shall be given to

16  nursing facilities with a history of patient care

17  deficiencies. Quality-of-care monitors shall be registered

18  nurses who are trained and experienced in nursing facility

19  regulation, standards of practice in long-term care, and

20  evaluation of patient care. Individuals in these positions

21  shall not be deployed by the agency as a part of the district

22  survey team in the conduct of routine, scheduled surveys, but

23  shall function solely and independently as quality-of-care

24  monitors. Quality-of-care monitors shall assess the overall

25  quality of life in the nursing facility and shall assess

26  specific conditions in the facility directly related to

27  patient care. The quality-of-care monitor shall include in an

28  assessment visit observation of the care and services rendered

29  to residents and formal and informal interviews with

30  residents, family members, facility staff, resident guests,

31  volunteers, other regulatory staff, and representatives of a


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  1  long-term care ombudsman council or human rights advocacy

  2  committee.

  3         (b)  Findings of a monitoring visit, both positive and

  4  negative, shall be provided orally and in writing to the

  5  facility administrator or, in the absence of the facility

  6  administrator, to the administrator on duty or the director of

  7  nursing. The quality-of-care monitor may recommend to the

  8  facility administrator procedural and policy changes and staff

  9  training, as needed, to improve the care or quality of life of

10  facility residents. Conditions observed by the quality-of-care

11  monitor which threaten the health or safety of a resident

12  shall be reported immediately to the agency area office

13  supervisor for appropriate regulatory action and, as

14  appropriate or as required by law, to law enforcement, adult

15  protective services, or other responsible agencies.

16         (c)  Any record, whether written or oral, or any

17  written or oral communication generated pursuant to paragraph

18  (a) or paragraph (b) shall not be subject to discovery or

19  introduction into evidence in any civil or administrative

20  action against a nursing facility arising out of matters that

21  are the subject of quality-of-care monitoring, and a person

22  who was in attendance at a monitoring visit or evaluation may

23  not be permitted or required to testify in any such civil or

24  administrative action as to any evidence or other matters

25  produced or presented during the monitoring visits or

26  evaluations. However, information, documents, or records

27  otherwise available from original sources are not to be

28  construed as immune from discovery or use in any such civil or

29  administrative action merely because they were presented

30  during monitoring visits or evaluations, and any person who

31  participates in such activities may not be prevented from


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  1  testifying as to matters within his or her knowledge, but such

  2  witness may not be asked about his or her participation in

  3  such activities. The exclusion from the discovery or

  4  introduction of evidence in any civil or administrative action

  5  provided for herein shall not apply when the quality-of-care

  6  monitor makes a report to the appropriate authorities

  7  regarding a threat to the health or safety of a resident.

  8         (3)  The agency shall also create teams of experts that

  9  can function as rapid response teams to visit nursing

10  facilities identified through the agency's early warning

11  system. Rapid response teams may visit facilities that request

12  the agency's assistance. The rapid response teams shall not be

13  deployed for the purpose of helping a facility prepare for a

14  regular survey.

15         Section 8.  Subsection (6) is added to section 400.121,

16  Florida Statutes, 1998 Supplement, to read:

17         400.121  Denial, suspension, revocation of license;

18  moratorium on admissions; administrative fines; procedure.--

19         (6)  The agency is authorized to require a facility to

20  increase staffing beyond the minimum required by law if the

21  agency has taken administrative action against the facility

22  for care-related deficiencies directly attributable to

23  insufficient staff. Under such circumstances, the facility may

24  request an expedited interim rate increase. The agency shall

25  process the request within 10 days after receipt of all

26  required documentation from the facility. A facility that

27  fails to maintain the required increased staffing is subject

28  to a fine of $500 per day for each day the staffing is below

29  the level required by the agency.

30         Section 9.  Section 400.141, Florida Statutes, is

31  amended to read:


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  1         400.141  Administration and management of nursing home

  2  facilities.--Every licensed facility shall comply with all

  3  applicable standards and rules of the agency and shall:

  4         (1)  Be under the administrative direction and charge

  5  of a licensed administrator.

  6         (2)  Appoint a medical director licensed pursuant to

  7  chapter 458 or chapter 459. The agency may establish by rule

  8  more specific criteria for the appointment of a medical

  9  director.

10         (3)(2)  Have available the regular, consultative, and

11  emergency services of physicians licensed by the state.

12         (4)(3)  Provide for the access of the facility

13  residents to dental and other health-related services,

14  recreational services, rehabilitative services, and social

15  work services appropriate to their needs and conditions and

16  not directly furnished by the licensee.  When a geriatric

17  outpatient nurse clinic is conducted in accordance with rules

18  adopted by the agency, outpatients attending such clinic shall

19  not be counted as part of the general resident population of

20  the nursing home facility, nor shall the nursing staff of the

21  geriatric outpatient clinic be counted as part of the nursing

22  staff of the facility, until the outpatient clinic load

23  exceeds 15 a day.

24         (5)  Provide for resident use of a community pharmacy

25  as specified in s. 400.022(1)(q). Any other law to the

26  contrary notwithstanding, a registered pharmacist licensed in

27  Florida may repackage a nursing facility resident's bulk

28  prescription medication that has been packaged by another

29  pharmacist licensed in any state in the United States into a

30  unit dose system compatible with the system used by the

31  nursing facility, if such resident has bulk prescription


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  1  medication benefits covered under a qualified pension plan as

  2  specified in s. 4972 of the Internal Revenue Code, a federal

  3  retirement program as specified under the Code of Federal

  4  Regulations, 5 C.F.R. 831, or a long-term-care policy as

  5  defined in s. 627.9404(1). A pharmacist who repackages and

  6  relabels prescription medication, as authorized under this

  7  subsection, may charge a reasonable fee for costs resulting

  8  from the implementation of this provision. A pharmacist who

  9  correctly repackages and relabels the medication and the

10  nursing facility that correctly administers such repackaged

11  medication under the provisions of this subsection are not

12  liable in any civil or administrative action arising from the

13  repackaging. In order to be eligible for the repackaging, a

14  nursing facility resident for whom the medication is to be

15  repackaged must sign an informed-consent form provided by the

16  facility which includes an explanation of the repackaging

17  process and which notifies the resident of the immunity from

18  liability.

19         (6)(4)  Be allowed and encouraged by the agency to

20  provide other needed services under certain conditions. If the

21  facility has a standard licensure status, and has had no class

22  I or class II deficiencies during the past 2 years or has been

23  awarded a Gold Seal under the program established in s.

24  400.235, it may is rated superior or standard, be encouraged

25  by the agency to provide services, including, but not limited

26  to, respite and adult day services, which enable individuals

27  to move in and out of the facility.  A facility is not subject

28  to any additional licensure requirements for providing these

29  services. Respite care may be offered to persons in need of

30  short-term or temporary nursing home services. Respite care

31  must be provided in accordance with this part and rules


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  1  adopted by the agency. However, the agency shall, by rule,

  2  adopt modified requirements for resident assessment, resident

  3  care plans, resident contracts, physician orders, and other

  4  provisions, as appropriate, for short-term or temporary

  5  nursing home services.  The agency shall allow for shared

  6  programming and staff in a facility which meets minimum

  7  standards and offers services pursuant to this subsection,

  8  but, if the facility is cited for deficiencies in patient

  9  care, may require additional staff and programs appropriate to

10  the needs of service recipients. A person who receives respite

11  care may not be counted as a resident of the facility for

12  purposes of the facility's licensed capacity unless that

13  person receives 24-hour respite care. A person receiving

14  either respite care for 24 hours or longer or adult day

15  services must be included when calculating minimum staffing

16  for the facility. Any costs and revenues generated by a

17  nursing home facility from nonresidential programs or services

18  shall be excluded from the calculations of Medicaid per diems

19  for nursing home institutional care reimbursement.

20         (7)(5)  If the facility has a standard licensure status

21  or is a Gold Seal facility is rated superior or standard,

22  exceeds minimum staffing standards, and is part of a

23  retirement community that offers other services pursuant to

24  part III, part IV, or part V, be allowed to share programming

25  and staff.  At the time of relicensure, a retirement community

26  that uses this option must demonstrate through staffing

27  records that minimum staffing requirements for the facility

28  were exceeded.

29         (8)(6)  Maintain the facility premises and equipment

30  and conduct its operations in a safe and sanitary manner.

31


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  1         (9)(7)  If the licensee furnishes food service, provide

  2  a wholesome and nourishing diet sufficient to meet generally

  3  accepted standards of proper nutrition for its residents and

  4  provide such therapeutic diets as may be prescribed by

  5  attending physicians.  In making rules to implement this

  6  subsection, the agency shall be guided by standards

  7  recommended by nationally recognized professional groups and

  8  associations with knowledge of dietetics.

  9         (10)(8)  Keep full records of resident admissions and

10  discharges; medical and general health status, including

11  medical records, personal and social history, and identity and

12  address of next of kin or other persons who may have

13  responsibility for the affairs of the residents; and

14  individual resident care plans including, but not limited to,

15  prescribed services, service frequency and duration, and

16  service goals.  The records shall be open to inspection by the

17  agency.

18         (11)(9)  Keep such fiscal records of its operations and

19  conditions as may be necessary to provide information pursuant

20  to this part.

21         (12)(10)  Furnish copies of personnel records for

22  employees affiliated with such facility, to any other facility

23  licensed by this state requesting this information pursuant to

24  this part.  Such information contained in the records may

25  include, but is not limited to, disciplinary matters and any

26  reason for termination. Any facility releasing such records

27  pursuant to this part shall be considered to be acting in good

28  faith and may not be held liable for information contained in

29  such records, absent a showing that the facility maliciously

30  falsified such records.

31


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  1         (13)  Publicly display a poster provided by the agency

  2  containing the names, addresses, and telephone numbers for the

  3  state's abuse hotline, the State Long-Term Care Ombudsman, the

  4  Agency for Health Care Administration consumer hotline, the

  5  Advocacy Center for Persons with Disabilities, the Statewide

  6  Human Rights Advocacy Committee, and the Medicaid Fraud

  7  Control Unit, with a clear description of the assistance to be

  8  expected from each.

  9

10  A  facility that has been awarded a Gold Seal under the

11  program established in s. 400.235 may develop a plan to

12  provide certified nursing assistant training as prescribed by

13  federal regulations and state rules and may apply to the

14  agency for approval of its program.

15         Section 10.  Subsection (3) of section 400.162, Florida

16  Statutes, is amended to read:

17         400.162  Property and personal affairs of residents.--

18         (3)  A licensee shall provide for the safekeeping of

19  personal effects, funds, and other property of the resident in

20  the facility.  Whenever necessary for the protection of

21  valuables, or in order to avoid unreasonable responsibility

22  therefor, the licensee may require that such valuables be

23  excluded or removed from the facility and kept at some place

24  not subject to the control of the licensee. At the request of

25  a resident, the facility shall mark the resident's personal

26  property with the resident's name or another type of

27  identification, without defacing the property. Any theft or

28  loss of a resident's personal property shall be documented by

29  the facility. The facility shall develop policies and

30  procedures to minimize the risk of theft or loss of the

31  personal property of residents. A copy of the policy shall be


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  provided to every employee and to each resident at admission.

  2  Facility policies must include provisions related to reporting

  3  theft or loss of a resident's property to law enforcement and

  4  any facility waiver of liability for loss or theft. The

  5  facility shall post notice of these policies and procedures,

  6  and any revision thereof, in places accessible to residents.

  7         Section 11.  Subsections (1) and (4) of section 400.19,

  8  Florida Statutes, are amended to read:

  9         400.19  Right of entry and inspection.--

10         (1)  The agency and any duly designated officer or

11  employee thereof or a member of the State Long-Term Care

12  Ombudsman Council or the district long-term care ombudsman

13  council shall have the right to enter upon and into the

14  premises of any facility licensed pursuant to this part, or

15  any distinct nursing home unit of a hospital licensed under

16  chapter 395 or any freestanding facility licensed under

17  chapter 395 that provides extended care or other long-term

18  care services, at any reasonable time in order to determine

19  the state of compliance with the provisions of this part and

20  rules in force pursuant thereto.  The right of entry and

21  inspection shall also extend to any premises which the agency

22  has reason to believe is being operated or maintained as a

23  facility without a license, but no such entry or inspection of

24  any premises shall be made without the permission of the owner

25  or person in charge thereof, unless a warrant is first

26  obtained from the circuit court authorizing same.  Any

27  application for a facility license or renewal thereof, made

28  pursuant to this part, shall constitute permission for and

29  complete acquiescence in any entry or inspection of the

30  premises for which the license is sought, in order to

31  facilitate verification of the information submitted on or in


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  connection with the application; to discover, investigate, and

  2  determine the existence of abuse or neglect; or to elicit,

  3  receive, respond to, and resolve complaints. The agency shall,

  4  within 60 days after receipt of a complaint made by a resident

  5  or the resident's representative, complete its investigation

  6  and provide to the complainant its findings and resolution.

  7         (4)  The agency shall conduct unannounced onsite

  8  facility reviews following written verification of licensee

  9  noncompliance in instances in which a long-term care ombudsman

10  council, pursuant to ss. 400.0071 and 400.0075, has received a

11  complaint and has documented deficiencies in resident care or

12  in the physical plant of the facility that threaten the

13  health, safety, or security of residents, or when the agency

14  documents through inspection that conditions in a facility

15  present a direct or indirect threat to the health, safety, or

16  security of residents. However, the agency shall conduct four

17  or more unannounced onsite reviews within a 12-month period of

18  each facility which has a conditional licensure status rating.

19  Deficiencies related to physical plant do not require followup

20  reviews after the agency has determined that correction of the

21  deficiency has been accomplished and that the correction is of

22  the nature that continued compliance can be reasonably

23  expected.

24         Section 12.  Section 400.191, Florida Statutes, is

25  amended to read:

26         400.191  Availability, distribution, and posting of

27  reports and records.--

28         (1)  The agency shall provide information to the public

29  about all of the licensed nursing home facilities operating in

30  the state. The agency shall, within 60 days after from the

31  date of an annual inspection visit or within 30 days after


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  from the date of any interim visit to a facility, send copies

  2  of the inspection reports to the district long-term care

  3  ombudsman council, the agency's local office, and a public

  4  library or the county seat for the county in which the

  5  facility is located., forward the results of all inspections

  6  of nursing home facilities to:

  7         (a)  The district ombudsman council in whose district

  8  the inspected facility is located.

  9         (b)  At least one public library or, in the absence of

10  a public library, the county seat in the county in which the

11  inspected facility is located.

12         (c)  The area office supervisor of the agency in whose

13  district the inspected facility is located.

14         (2)  The agency shall provide additional information in

15  consumer-friendly printed and electronic formats to assist

16  consumers and their families in comparing and evaluating

17  nursing home facilities.

18         (a)  The agency shall provide an Internet site that

19  shall include at least the following information:

20         1.  A list by name and address of all nursing home

21  facilities in this state.

22         2.  Whether such nursing home facilities are

23  proprietary or nonproprietary.

24         3.  The licensure status of each facility.

25         4.  The ownership history of each facility.

26         5.  The name of the owner or owners of each facility

27  and whether the facility is a part of a corporation owning or

28  operating more than one nursing facility in this state.

29         6.  Performance, regulatory, and enforcement

30  information about the corporation as well as the facility.

31         7.  The total number of beds in each facility.


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  1         8.  The number of private and semiprivate rooms in each

  2  facility.

  3         9.  The religious affiliation, if any, of each

  4  facility.

  5         10.  The languages spoken by the administrator and

  6  staff of each facility.

  7         11.  Whether or not each facility accepts Medicare or

  8  Medicaid recipients.

  9         12.  Recreational and other programs available at each

10  facility.

11         13.  For nursing homes certified for Medicare or

12  Medicaid, information from the Minimum Data Set system of the

13  federal Health Care Financing Administration about the

14  clinical performance of each facility, including information

15  related to the nursing home quality indicators.

16         14.  Information about the licensure status and

17  regulatory history of each facility.

18         15.  Special care units or programs offered at each

19  facility.

20         16.  Whether the facility is a part of a retirement

21  community that offers other services pursuant to part III,

22  part IV, or part V.

23         17.  The results of consumer and family satisfaction

24  surveys for each facility.

25         18.  The licensure status and rating history for the

26  past 5 years for each facility.

27         19.  Survey and deficiency information contained on the

28  Online Survey Certification and Reporting (OSCAR) system of

29  the federal Health Care Financing Administration, including

30  annual survey, revisit, and complaint survey information, for

31  each facility for the past 3 years.  For noncertified nursing


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  homes, state survey and deficiency information, including

  2  annual survey, revisit, and complaint survey information for

  3  the past 3 years, shall be provided.

  4         (b)  The agency shall provide the following information

  5  in printed form:

  6         1.  A list by name and address of all nursing home

  7  facilities in this state.

  8         2.  Whether such nursing home facilities are

  9  proprietary or nonproprietary and their current ownership.

10         3.  The licensure status of each facility.

11         4.  The total number of beds, and of private and

12  semiprivate rooms, in each facility.

13         5.  The religious affiliation, if any, of each

14  facility.

15         6.  The languages spoken by the administrator and staff

16  of each facility.

17         7.  Whether or not each facility accepts Medicare or

18  Medicaid recipients.

19         8.  Recreational programs, special care units, and

20  other programs available at each facility.

21         9.  A summary of information from the Minimum Data Set

22  system of the federal Health Care Financing Administration

23  about the clinical performance of each facility.

24         10.  Information about the licensure status and

25  regulatory history of each facility.

26         11.  The results of consumer and family satisfaction

27  surveys for each facility.

28         12.  The Internet address for the site where more

29  detailed information can be seen.

30

31


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  1         13.  A statement advising consumers that each facility

  2  will have its own policies and procedures related to

  3  protecting resident property.

  4         (3)(2)  Each nursing home facility licensee shall

  5  maintain as public information, available upon request,

  6  records of all cost and inspection reports pertaining to that

  7  facility that have been filed with, or issued by, any

  8  governmental agency. Copies of such reports shall be retained

  9  in such records for not less than 5 years from the date the

10  reports are filed or issued.

11         (4)(3)  Any records of a nursing home facility

12  determined by the agency to be necessary and essential to

13  establish lawful compliance with any rules or standards shall

14  be made available to the agency on the premises of the

15  facility.

16         (5)(4)  Every nursing home facility licensee shall:

17         (a)  Post, in a sufficient number of prominent

18  positions in the nursing home so as to be accessible to all

19  residents and to the general public, a concise summary of the

20  last inspection report pertaining to the nursing home and

21  issued by the agency, with references to the page numbers of

22  the full reports, noting any deficiencies found by the agency

23  and the actions taken by the licensee to rectify such

24  deficiencies and indicating in such summaries where the full

25  reports may be inspected in the nursing home.

26         (b)  Upon request, provide to any person who has

27  completed a written application with an intent to be admitted

28  to, or to any resident of, such nursing home, or to any

29  relative, spouse, or guardian of such person, a copy of the

30  last inspection report pertaining to the nursing home and

31  issued by the agency, provided the person requesting the


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  report agrees to pay a reasonable charge to cover copying

  2  costs.

  3         Section 13.  Subsections (2) and (4) of section

  4  400.215, Florida Statutes, 1998 Supplement, are amended to

  5  read:

  6         400.215  Personnel screening requirement.--

  7         (2)  Employers and employees shall comply with the

  8  requirements of s. 435.05.

  9         (a)  Notwithstanding the provisions of s. 435.05(1),

10  facilities must have in their possession evidence that level 1

11  screening has been completed before allowing an employee to

12  begin working with patients as provided in subsection (1). All

13  information necessary for conducting background screening

14  using level 1 standards as specified in s. 435.03(1) and for

15  conducting a search of the central abuse registry and tracking

16  system as specified in s. 435.03(3)(a) shall be submitted by

17  the nursing facility to the agency. Results of the background

18  screening and the abuse registry check shall be provided by

19  the agency to the requesting nursing facility. An applicant

20  who has been qualified under a level 1 criminal screening and

21  who, under penalty of perjury, attests to not having been

22  classified in the central abuse registry and tracking system

23  as a perpetrator in a confirmed report of abuse, neglect, or

24  exploitation may be allowed to work on a probationary status

25  in the nursing facility, under supervision, for a period not

26  to exceed 30 days, pending the results of an abuse registry

27  screening.

28         (b)  Employees qualified under the provisions of

29  paragraph (a) who have not maintained continuous residency

30  within the state for the 5 years immediately preceding the

31  date of request for background screening must complete level 2


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  screening, as provided in chapter 435. Such employees may work

  2  in a conditional status up to 180 days pending the receipt of

  3  written findings evidencing the completion of level 2

  4  screening. Level 2 screening shall not be required of

  5  employees or prospective employees who attest in writing under

  6  penalty of perjury that they meet the residency requirement.

  7  Completion of level 2 screening shall require the employee or

  8  prospective employee to furnish to the nursing facility a full

  9  set of fingerprints to enable a criminal background

10  investigation to be conducted. The nursing facility shall

11  submit the completed fingerprint card to the agency. The

12  agency shall establish a record of the request in the database

13  provided for in paragraph (c) and forward the request to the

14  Department of Law Enforcement, which is authorized to submit

15  the fingerprints to the Federal Bureau of Investigation for a

16  national criminal history records check. The results of the

17  national criminal history records check shall be returned to

18  the agency, which shall maintain the results in the database

19  provided for in paragraph (c). The agency shall notify the

20  administrator of the requesting nursing facility or the

21  administrator of any other facility licensed under chapter

22  393, chapter 394, chapter 395, chapter 397, or this chapter,

23  as requested by such facility, as to whether or not the

24  employee has qualified under level 1 or level 2 screening. An

25  employee or prospective employee who has qualified under level

26  2 screening and has maintained such continuous residency

27  within the state shall not be required to complete a

28  subsequent level 2 screening as a condition of employment at

29  another facility.

30         (c)  The agency shall establish and maintain a database

31  of background screening information which shall include the


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  results of both level 1 and level 2 screening and central

  2  abuse registry and tracking system checks. The Department of

  3  Law Enforcement shall timely provide to the agency,

  4  electronically, the results of each statewide screening for

  5  incorporation into the database. The Department of Children

  6  and Family Services shall provide the agency with electronic

  7  access to the central abuse registry and tracking system. The

  8  agency shall search the registry to identify any confirmed

  9  report and shall access such report for incorporation into the

10  database. The agency shall, upon request from any facility,

11  agency, or program required by or authorized by law to screen

12  its employees or applicants, notify the administrator of the

13  facility, agency, or program of the qualifying or

14  disqualifying status of the employee or applicant named in the

15  request.

16         (d)  Applicants and employees shall be excluded from

17  employment pursuant to s. 435.06.

18         (e)  Notwithstanding the confidentiality provisions of

19  s. 415.107, the agency shall provide, by August 15, 1999, a

20  direct-access electronic-screening capability to all enrolled

21  facilities or agencies required by law to restrict employment

22  to only those applicants who do not have a disqualifying

23  report in the central abuse registry and tracking system. The

24  agency shall, upon request, provide to such facility or agency

25  a user code by which the facility or agency may query the

26  listing of all persons disqualified because of a confirmed

27  classification. The direct-access screening system must allow

28  for the electronic matching of an applicant's identifying

29  information, including name, date of birth, race, sex, and

30  social security number, against the listing of disqualified

31  persons. The agency may charge a fee for issuing the user code


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  which is sufficient to cover the cost of establishing and

  2  maintaining the direct-access screening system. The

  3  direct-access screening system must provide the user with

  4  immediate electronic notification of applicant clearance or

  5  disqualification only. The system must also maintain, for

  6  appropriate entry into the agency screening database, an

  7  electronic record of the inquiry on behalf of the applicant.

  8         (4)(a)  As provided in s. 435.07, the agency may grant

  9  an exemption from disqualification to an employee or

10  prospective employee who is subject to this section and who

11  has not received a professional license or certification from

12  the Department of Health.

13         (b)  As provided in s. 435.07, the Department of Health

14  may grant an exemption from disqualification to an employee or

15  prospective employee who is subject to this section and who

16  has received a professional license or certification from the

17  Department of Health.

18         (c)  An applicant requesting exemption from

19  disqualification as specified in paragraphs (a) and (b) shall

20  be notified by the agency or the department, as appropriate,

21  of a decision to approve or deny the request within 30 days

22  after the date the agency or department receives all required

23  documentation.

24         Section 14.  Section 400.23, Florida Statutes, 1998

25  Supplement, is amended to read:

26         400.23  Rules; criteria; Nursing Home Advisory

27  Committee; evaluation and deficiencies; licensure status

28  rating system; fee for review of plans.--

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

30  published and enforced pursuant to this part shall include

31  criteria by which a reasonable and consistent quality of


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  resident care may be ensured and the results of such resident

  2  care can be demonstrated and by which safe and sanitary

  3  nursing homes can be provided.  It is further intended that

  4  reasonable efforts be made to accommodate the needs and

  5  preferences of residents to enhance the quality of life in a

  6  nursing home.  In addition, efforts shall be made to minimize

  7  the paperwork associated with the reporting and documentation

  8  requirements of these rules.

  9         (2)  Pursuant to the intention of the Legislature, the

10  agency, in consultation with the Department of Health and

11  Rehabilitative Services and the Department of Elderly Affairs,

12  shall adopt and enforce rules to implement this part, which

13  shall include reasonable and fair criteria in relation to:

14         (a)  The location and construction of the facility;

15  including fire and life safety, plumbing, heating, lighting,

16  ventilation, and other housing conditions which will ensure

17  the health, safety, and comfort of residents, including an

18  adequate call system.  The agency shall establish standards

19  for facilities and equipment to increase the extent to which

20  new facilities and a new wing or floor added to an existing

21  facility after July 1, 1999, are structurally capable of

22  serving as shelters only for residents, staff, and families of

23  residents and staff, and equipped to be self-supporting during

24  and immediately following disasters.  The agency for Health

25  Care Administration shall work with facilities licensed under

26  this part and report to the Governor and Legislature by April

27  1, 1999, its recommendations for cost-effective renovation

28  standards to be applied to existing facilities. In making such

29  rules, the agency shall be guided by criteria recommended by

30  nationally recognized reputable professional groups and

31  associations with knowledge of such subject matters. The


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  agency shall update or revise such criteria as the need

  2  arises. All nursing homes must comply with those lifesafety

  3  code requirements and building code standards applicable at

  4  the time of approval of their construction plans. The agency

  5  may require alterations to a building if it determines that an

  6  existing condition constitutes a distinct hazard to life,

  7  health, or safety. The agency shall adopt fair and reasonable

  8  rules setting forth conditions under which existing facilities

  9  undergoing additions, alterations, conversions, renovations,

10  or repairs shall be required to comply with the most recent

11  updated or revised standards.

12         (b)  The number and qualifications of all personnel,

13  including management, medical, nursing, and other professional

14  personnel, and nursing assistants, orderlies, and support

15  personnel, having responsibility for any part of the care

16  given residents.

17         (c)  All sanitary conditions within the facility and

18  its surroundings, including water supply, sewage disposal,

19  food handling, and general hygiene which will ensure the

20  health and comfort of residents.

21         (d)  The equipment essential to the health and welfare

22  of the residents.

23         (e)  A uniform accounting system.

24         (f)  The care, treatment, and maintenance of residents

25  and measurement of the quality and adequacy thereof, based on

26  rules developed under this chapter and the Omnibus Budget

27  Reconciliation Act of 1987 (Pub. L. No. 100-203) (December 22,

28  1987), Title IV (Medicare, Medicaid, and Other Health-Related

29  Programs), Subtitle C (Nursing Home Reform), as amended.

30         (g)  The preparation and annual update of a

31  comprehensive emergency management plan.  The agency shall


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  adopt rules establishing minimum criteria for the plan after

  2  consultation with the Department of Community Affairs.  At a

  3  minimum, the rules must provide for plan components that

  4  address emergency evacuation transportation; adequate

  5  sheltering arrangements; postdisaster activities, including

  6  emergency power, food, and water; postdisaster transportation;

  7  supplies; staffing; emergency equipment; individual

  8  identification of residents and transfer of records; and

  9  responding to family inquiries.  The comprehensive emergency

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

11  emergency management agency.  During its review, the local

12  emergency management agency shall ensure that the following

13  agencies, at a minimum, are given the opportunity to review

14  the plan:  the Department of Elderly Affairs, the Department

15  of Health and Rehabilitative Services, the Agency for Health

16  Care Administration, and the Department of Community Affairs.

17  Also, appropriate volunteer organizations must be given the

18  opportunity to review the plan.  The local emergency

19  management agency shall complete its review within 60 days and

20  either approve the plan or advise the facility of necessary

21  revisions.

22         (3)(a)  The agency shall adopt rules providing for the

23  minimum staffing requirements for nursing homes. These

24  requirements shall include, for each nursing home facility, a

25  minimum certified nursing assistant staffing and a minimum

26  licensed nursing staffing per resident per day, including

27  evening and night shifts and weekends. Agency rules shall

28  specify requirements for documentation of compliance with

29  staffing standards, sanctions for violation of such standards,

30  and requirements for daily posting of the names of staff on

31  duty for the benefit of facility residents and the public. The


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  agency shall recognize the use of licensed nurses for

  2  compliance with minimum staffing requirements for certified

  3  nursing assistants, provided that the facility otherwise meets

  4  the minimum staffing requirements for licensed nurses and that

  5  the licensed nurses so recognized are performing the duties of

  6  a certified nursing assistant.

  7         (b)  The agency shall adopt rules to allow properly

  8  trained staff of a nursing facility, in addition to certified

  9  nursing assistants and licensed nurses, to assist residents

10  with eating. The rules shall specify the minimum training

11  requirements and shall specify the physiological conditions or

12  disorders of residents which would necessitate that the eating

13  assistance be provided by nursing personnel of the facility.

14         (4)(3)  Rules developed pursuant to this section shall

15  not restrict the use of shared staffing and shared programming

16  in facilities which are part of retirement communities that

17  provide multiple levels of care and otherwise meet the

18  requirement of law or rule.

19         (5)(4)  The agency, in collaboration with the Division

20  of Children's Medical Services Program Office of the

21  Department of Health and Rehabilitative Services, must, no

22  later than December 31, 1993, adopt rules for minimum

23  standards of care for persons under 21 years of age who reside

24  in nursing home facilities.  The rules must include a

25  methodology for reviewing a nursing home facility under ss.

26  408.031-408.045 which serves only persons under 21 years of

27  age.

28         (6)(5)  Prior to conducting a survey of the facility,

29  the survey team shall obtain a copy of the district nursing

30  home and long-term care facility ombudsman council report on

31  the facility. Problems noted in the report shall be


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  incorporated into and followed up through the agency's

  2  inspection process. This procedure does not preclude the

  3  district nursing home and long-term care facility ombudsman

  4  council from requesting the agency to conduct a followup visit

  5  to the facility.

  6         (6)  There is created the Nursing Home Advisory

  7  Committee, which shall consist of 15 members who are to be

  8  appointed by and report directly to the director of the

  9  agency. The membership is to include:

10         (a)  One researcher from a university center on aging.

11         (b)  Two representatives from the Florida Health Care

12  Association.

13         (c)  Two representatives from the Florida Association

14  of Homes for the Aging.

15         (d)  One representative from the Department of Elderly

16  Affairs.

17         (e)  Five consumer representatives, at least two of

18  whom serve on or are staff members of the state or a district

19  nursing home and long-term care facility ombudsman council.

20         (f)  One representative from the Florida American

21  Medical Directors Association.

22         (g)  One representative from the Florida Association of

23  Directors of Nursing Administrators.

24         (h)  One representative from the Agency for Health Care

25  Administration.

26         (i)  One representative from the nursing home industry

27  at large who owns or operates a licensed nursing home facility

28  in the state and is not a member of any state nursing home

29  association.

30

31  At least one member shall be over 60 years of age.


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  1         (7)  The committee shall perform the following duties

  2  to assist the agency in ensuring compliance with the intent of

  3  the Legislature specified in subsection (1):

  4         (a)  Assist in developing a nursing home rating system

  5  based on the requirements of rules developed under this

  6  chapter and the Omnibus Budget Reconciliation Act of 1987

  7  (Pub. L. No. 100-203) (December 22, 1987), Title IV (Medicare,

  8  Medicaid, and Other Health-Related Programs), Subtitle C

  9  (Nursing Home Reform), as amended.

10         (b)  Assist in developing surveyor guidelines and

11  training to ensure the equitable application of the nursing

12  home rating system.

13         (c)  Assist in developing guidelines to determine the

14  scope and severity of noncompliance.

15         (d)  Identify burdensome paperwork that is not

16  specifically related to resident care.

17         (e)  Advise the agency of proposed changes in statutes

18  and rules necessary to ensure adequate care and services and

19  the promotion and protection of residents' rights in long-term

20  care facilities.

21         (7)(8)  The agency shall, at least every 15 months,

22  evaluate all nursing home facilities and make a determination

23  as to the degree of compliance by each licensee with the

24  established rules adopted under this part as a basis for

25  assigning a licensure status rating to that facility.  The

26  agency shall base its evaluation on the most recent inspection

27  report, taking into consideration findings from other official

28  reports, surveys, interviews, investigations, and inspections.

29  The agency shall assign a licensure status of standard or

30  conditional one of the following ratings to each nursing home:

31  standard, conditional, or superior.


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         (a)  A standard licensure status rating means that a

  2  facility has no class I or class II deficiencies, has

  3  corrected all class III deficiencies within the time

  4  established by the agency, and is in substantial compliance at

  5  the time of the survey with criteria established under this

  6  part, with rules adopted by the agency, and, if applicable,

  7  with rules adopted under the Omnibus Budget Reconciliation Act

  8  of 1987 (Pub. L. No. 100-203) (December 22, 1987), Title IV

  9  (Medicare, Medicaid, and Other Health-Related Programs),

10  Subtitle C (Nursing Home Reform), as amended.

11         (b)  A conditional licensure status rating means that a

12  facility, due to the presence of one or more class I or class

13  II deficiencies, or class III deficiencies not corrected

14  within the time established by the agency, is not in

15  substantial compliance at the time of the survey with criteria

16  established under this part, with rules adopted by the agency,

17  or, if applicable, with rules adopted under the Omnibus Budget

18  Reconciliation Act of 1987 (Pub. L. No. 100-203) (December 22,

19  1987), Title IV (Medicare, Medicaid, and Other Health-Related

20  Programs), Subtitle C (Nursing Home Reform), as amended.  If

21  the facility comes into substantial compliance at the time of

22  the followup survey, a standard licensure status rating may be

23  assigned issued.  A facility assigned a conditional rating at

24  the time of the relicensure survey may not qualify for

25  consideration for a superior rating until the time of the next

26  subsequent relicensure survey.

27         (c)  A superior rating means that a facility has no

28  class I or class II deficiencies and has corrected all class

29  III deficiencies within the time established by the agency and

30  is in substantial compliance with the criteria established

31  under this part and the rules adopted by the agency and, if


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  applicable, with rules adopted pursuant to the Omnibus Budget

  2  Reconciliation Act of 1987 (Pub. L. No. 100-203) (December 22,

  3  1987), Title IV (Medicare, Medicaid, and Other Health-Related

  4  Programs), Subtitle C (Nursing Home Reform), as amended; and

  5  the facility exceeds the criteria for a standard rating

  6  through enhanced programs and services in the following areas:

  7         1.  Nursing service.

  8         2.  Dietary or nutritional services.

  9         3.  Physical environment.

10         4.  Housekeeping and maintenance.

11         5.  Restorative therapies and self-help activities.

12         6.  Social services.

13         7.  Activities and recreational therapy.

14         (d)  In order to facilitate the development of special

15  programs or facilitywide initiatives and promote creativity

16  based on the needs and preferences of residents, the areas

17  listed in paragraph (c) may be grouped or addressed

18  individually by the licensee.  However, a facility may not

19  qualify for a superior rating if fewer than three programs or

20  initiatives are developed to encompass the required areas.

21         (c)(e)  In determining the rating and evaluating the

22  overall quality of care and services and determining whether

23  the facility will receive a conditional or standard license,

24  the agency shall consider the needs and limitations of

25  residents in the facility and the results of interviews and

26  surveys of a representative sampling of residents, families of

27  residents, ombudsman council members in the district in which

28  the facility is located, guardians of residents, and staff of

29  the nursing home facility.

30         (d)(f)  The current licensure status rating of each

31  facility must be indicated in bold print on the face of the


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  license.  A list of the deficiencies of the facility shall be

  2  posted in a prominent place that is in clear and unobstructed

  3  public view at or near the place where residents are being

  4  admitted to that facility. Licensees receiving a conditional

  5  licensure status rating for a facility shall prepare, within

  6  10 working days after receiving notice of deficiencies, a plan

  7  for correction of all deficiencies and shall submit the plan

  8  to the agency for approval. Correction of all deficiencies,

  9  within the period approved by the agency, shall result in

10  termination of the conditional licensure status rating.

11  Failure to correct the deficiencies within a reasonable period

12  approved by the agency shall be grounds for the imposition of

13  sanctions pursuant to this part.

14         (e)(g)  Each licensee shall post its license in a

15  prominent place that is in clear and unobstructed public view

16  at or near the place where residents are being admitted to the

17  facility.  A licensee with a superior rating may advertise its

18  rating in any nonpermanent medium and in accordance with rules

19  adopted by the agency.  A list of the facilities receiving a

20  superior rating shall be distributed to the state and district

21  ombudsman councils.

22         (f)(h)  Not later than January 1, 1994, the agency

23  shall adopt rules that:

24         1.  Establish uniform procedures for the evaluation of

25  facilities.

26         2.  Provide criteria in the areas referenced in

27  paragraph (c).

28         3.  Address other areas necessary for carrying out the

29  intent of this section.

30         (i)  A license rated superior shall continue until it

31  is replaced by a rating based on a later survey.  A superior


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  rating may be revoked at any time for failure to maintain

  2  substantial compliance with criteria established under this

  3  part, with rules adopted by the agency, or, if applicable,

  4  with rules adopted under the Omnibus Budget Reconciliation Act

  5  of 1987 (Pub. L. No. 100-203) (December 22, 1987), Title IV

  6  (Medicare, Medicaid, and Other Health-Related Programs),

  7  Subtitle C (Nursing Home Reform), as amended, or for failure

  8  to exceed the criteria specified for any area as listed in

  9  paragraph (c).

10         (j)  A superior rating is not transferable to another

11  license, except when an existing facility is being relicensed

12  in the name of an entity related to the current licenseholder

13  by common ownership or control and there will be no change in

14  the management, operation, or programs at the facility as a

15  result of the relicensure.

16         (8)(9)  The agency shall adopt rules to provide that,

17  when the criteria established under subsection (2) are not

18  met, such deficiencies shall be classified according to the

19  nature of the deficiency.  The agency shall indicate the

20  classification on the face of the notice of deficiencies as

21  follows:

22         (a)  Class I deficiencies are those which the agency

23  determines present an imminent danger to the residents or

24  guests of the nursing home facility or a substantial

25  probability that death or serious physical harm would result

26  therefrom.  The condition or practice constituting a class I

27  violation shall be abated or eliminated immediately, unless a

28  fixed period of time, as determined by the agency, is required

29  for correction. Notwithstanding s. 400.121(2), a class I

30  deficiency is subject to a civil penalty in an amount not less

31  than $5,000 and not exceeding $25,000 $10,000 for each and


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  every deficiency. A fine may be levied notwithstanding the

  2  correction of the deficiency.

  3         (b)  Class II deficiencies are those which the agency

  4  determines have a direct or immediate relationship to the

  5  health, safety, or security of the nursing home facility

  6  residents, other than class I deficiencies.  A class II

  7  deficiency is subject to a civil penalty in an amount not less

  8  than $1,000 and not exceeding $10,000 $5,000 for each and

  9  every deficiency.  A citation for a class II deficiency shall

10  specify the time within which the deficiency is required to be

11  corrected.  If a class II deficiency is corrected within the

12  time specified, no civil penalty shall be imposed, unless it

13  is a repeated offense.

14         (c)  Class III deficiencies are those which the agency

15  determines to have an indirect or potential relationship to

16  the health, safety, or security of the nursing home facility

17  residents, other than class I or class II deficiencies.  A

18  class III deficiency shall be subject to a civil penalty of

19  not less than $500 and not exceeding $2,500 $1,000 for each

20  and every deficiency.  A citation for a class III deficiency

21  shall specify the time within which the deficiency is required

22  to be corrected.  If a class III deficiency is corrected

23  within the time specified, no civil penalty shall be imposed,

24  unless it is a repeated offense.

25         (9)(10)  Civil penalties paid by any licensee under

26  subsection (8) (9) shall be deposited in the Health Care Trust

27  Fund and expended as provided in s. 400.063.

28         (11)  The agency shall approve or disapprove the plans

29  and specifications within 60 days after receipt of the final

30  plans and specifications.  The agency may be granted one

31  15-day extension for the review period, if the director of the


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  agency so approves. If the agency fails to act within the

  2  specified time, it shall be deemed to have approved the plans

  3  and specifications. When the agency disapproves plans and

  4  specifications, it shall set forth in writing the reasons for

  5  disapproval.  Conferences and consultations may be provided as

  6  necessary.

  7         (12)  The agency is authorized to charge an initial fee

  8  of $2,000 for review of plans and construction on all

  9  projects, no part of which is refundable.  The agency may also

10  collect a fee, not to exceed 1 percent of the estimated

11  construction cost or the actual cost of review, whichever is

12  less, for the portion of the review which encompasses initial

13  review through the initial revised construction document

14  review.  The agency is further authorized to collect its

15  actual costs on all subsequent portions of the review and

16  construction inspections.  Initial fee payment shall accompany

17  the initial submission of plans and specifications.  Any

18  subsequent payment that is due is payable upon receipt of the

19  invoice from the agency. Notwithstanding any other provisions

20  of law to the contrary, all money received by the agency

21  pursuant to the provisions of this section shall be deemed to

22  be trust funds, to be held and applied solely for the

23  operations required under this section.

24         (13)  This section may not be used to increase the

25  total Medicaid funding paid as incentives for facilities

26  receiving a superior or standard rating.

27         Section 15.  Section 400.232, Florida Statutes, is

28  created to read:

29         400.232  Review and approval of plans; fees and

30  costs.--

31


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         (1)  The agency shall approve or disapprove the plans

  2  and specifications within 60 days after receipt of the final

  3  plans and specifications.  The agency may be granted one

  4  15-day extension for the review period, if the director of the

  5  agency so approves. If the agency fails to act within the

  6  specified time, it shall be deemed to have approved the plans

  7  and specifications. When the agency disapproves plans and

  8  specifications, it shall set forth in writing the reasons for

  9  disapproval.  Conferences and consultations may be provided as

10  necessary.

11         (2)  The agency is authorized to charge an initial fee

12  of $2,000 for review of plans and construction on all

13  projects, no part of which is refundable.  The agency may also

14  collect a fee, not to exceed 1 percent of the estimated

15  construction cost or the actual cost of review, whichever is

16  less, for the portion of the review which encompasses initial

17  review through the initial revised construction document

18  review. The agency is further authorized to collect its actual

19  costs on all subsequent portions of the review and

20  construction inspections. Initial fee payment shall accompany

21  the initial submission of plans and specifications. Any

22  subsequent payment that is due is payable upon receipt of the

23  invoice from the agency. Notwithstanding any other provisions

24  of law to the contrary, all money received by the agency

25  pursuant to the provisions of this section shall be deemed to

26  be trust funds, to be held and applied solely for the

27  operations required under this section.

28         Section 16.  Section 400.235, Florida Statutes, is

29  created to read:

30         400.235  Nursing home quality and licensure status;

31  Gold Seal Program.--


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         (1)  To protect the health and welfare of persons

  2  receiving care in nursing facilities, it is the intent of the

  3  Legislature to develop a regulatory framework that promotes

  4  the stability of the industry and facilitates the physical,

  5  social, and emotional well-being of nursing facility

  6  residents.

  7         (2)  The Legislature intends to develop an award and

  8  recognition program for nursing facilities that demonstrate

  9  excellence in long-term care over a sustained period.  This

10  program shall be known as the Gold Seal Program.

11         (3)(a)  The Gold Seal Program shall be developed and

12  implemented by the Governor's Panel on Excellence in Long-Term

13  Care, which shall operate under the authority of the Executive

14  Office of the Governor. The panel shall be composed of three

15  persons appointed by the Governor, to include a consumer

16  advocate for senior citizens and two persons with expertise in

17  the fields of quality management, service-delivery excellence,

18  or public-sector accountability; three persons appointed by

19  the Secretary of the Department of Elderly Affairs, to include

20  an active member of a nursing facility family and resident

21  care council and a member of the University Consortium on

22  Aging; the State Long-Term Care Ombudsman; one person

23  appointed by the Florida Life Care Residents Association; one

24  person appointed by the Secretary of the Department of Health;

25  two persons appointed by the director of the Agency for Health

26  Care Administration, to include the director of health

27  purchasing; one person appointed by the Florida Association of

28  Homes for the Aging; and one person appointed by the Florida

29  Health Care Association. All members of the panel shall be

30  appointed by October 1, 1999, and the panel shall hold its

31  organizational meeting by December 10, 1999. Vacancies on the


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1  panel shall be filled in the same manner as the original

  2  appointments. A member may not serve for more than 4

  3  consecutive years after the date of appointment.

  4         (b)  Members of the Governor's Panel on Excellence in

  5  Long-Term Care may not have any ownership interest in a

  6  nursing facility. Any member of the panel who is employed by a

  7  nursing facility in any capacity may not participate in

  8  reviewing or voting on recommendations involving the facility

  9  at which the member is employed or involving any facility

10  under common ownership with the facility at which the member

11  is employed.

12         (c)  Recommendations to the panel for designation of a

13  nursing facility as a Gold Seal facility may be received by

14  the panel after January 1, 2000. The activities of the panel

15  shall be supported by staff members of the Department of

16  Elderly Affairs and the Agency for Health Care Administration.

17         (4)  The panel shall consider at least the following

18  resident-based quality indicator domains when evaluating a

19  facility for the Gold Seal Program:

20         (a)  Accidents.

21         (b)  Behavioral/emotional patterns.

22         (c)  Clinical management.

23         (d)  Cognitive patterns.

24         (e)  Elimination/continence.

25         (f)  Infection control.

26         (g)  Nutrition and eating.

27         (h)  Physical functioning.

28         (i)  Psychotropic drug use.

29         (j)  Quality of life.

30         (k)  Sensory functioning and communication.

31         (l)  Skin care.


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         (5)  Facilities must meet the following additional

  2  criteria for recognition as a Gold Seal Program facility:

  3         (a)  Have no class I or class II deficiencies within

  4  the 30 months preceding application for the program.

  5         (b)  Evidence financial soundness and stability

  6  according to standards adopted by the agency in administrative

  7  rule.

  8         (c)  Participate consistently in the required consumer

  9  satisfaction process as prescribed by the agency, and

10  demonstrate that information is elicited from residents,

11  family members, and guardians about satisfaction with the

12  nursing facility, its environment, the services and care

13  provided, the staff's skills and interactions with residents,

14  attention to resident's needs, and the facility's efforts to

15  act on information gathered from the consumer satisfaction

16  measures.

17         (d)  Evidence the involvement of families and members

18  of the community in the facility on a regular basis.

19         (e)  Have a stable workforce, as evidenced by a

20  relatively low rate of turnover among certified nursing

21  assistants and registered nurses within the 30 months

22  preceding application for the Gold Seal Program, and

23  demonstrate a continuing effort to maintain a stable workforce

24  and to reduce turnover of licensed nurses and certified

25  nursing assistants.

26         (f)  Evidence an outstanding record regarding the

27  number and types of substantiated complaints reported to the

28  State Long-Term Care Ombudsman Council within the 30 months

29  preceding application for the program.

30

31


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    CS for CS for SB's 834, 1140 & 1612            First Engrossed



  1         (g)  Provide targeted inservice training to meet

  2  training needs identified by internal or external quality

  3  assurance efforts.

  4         (h)  Evidence superior levels of clinical outcomes as

  5  measured in the Minimum Data Set system of the federal Health

  6  Care Financing Administration.  Facilities that are not

  7  certified for Medicare or Medicaid are not required to

  8  complete the Minimum Data Set in order to qualify for the Gold

  9  Seal Program.  Such facilities may demonstrate superior levels

10  of performance with an alternate assessment as approved by the

11  panel.

12

13  A facility assigned a conditional licensure status may not

14  qualify for consideration for the Gold Seal Program until

15  after it has operated for 30 months with no class I or class

16  II deficiencies and has completed a regularly scheduled

17  relicensure survey.

18         (6)  The agency, nursing facility industry

19  organizations, consumers, State Long-Term Care Ombudsman

20  Council, and members of the community may recommend to the

21  Governor facilities that meet the established criteria for

22  consideration for and award of the Gold Seal.  The panel shall

23  review nominees and make a recommendation to the Governor for

24  final approval and award.  The decision of the Governor is

25  final and is not subject to appeal.

26         (7)  A facility must be licensed and operating for 30

27  months before it is eligible to apply for the Gold Seal

28  Program. The agency shall establish by rule the frequency of

29  review for designation as a Gold Seal Program facility and

30  under what circumstances a facility may be denied the

31  privilege of using this designation.  The designation of a


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  1  facility as a Gold Seal Program facility is not transferable

  2  to another license, except when an existing facility is being

  3  relicensed in the name of an entity related to the current

  4  licenseholder by common ownership or control and there will be

  5  no change in the management, operation, or programs at the

  6  facility as a result of the relicensure.

  7         (8)(a)  Facilities awarded the Gold Seal may use the

  8  designation in their advertising and marketing.

  9         (b)  Upon approval by the United States Department of

10  Health and Human Services, the agency shall adopt a revised

11  schedule of survey and relicensure visits for Gold Seal

12  Program facilities.  Gold Seal Program facilities may be

13  surveyed for certification and relicensure every 2 years, so

14  long as they maintain the standards associated with retaining

15  the Gold Seal.

16         Section 17.  Paragraph (p) is added to subsection (1)

17  of section 408.035, Florida Statutes, to read:

18         408.035  Review criteria.--

19         (1)  The agency shall determine the reviewability of

20  applications and shall review applications for

21  certificate-of-need determinations for health care facilities

22  and health services in context with the following criteria:

23         (p)  The applicant's designation as a Gold Seal Program

24  nursing facility pursuant to s. 400.235, when the applicant is

25  requesting additional nursing home beds at that facility.

26         Section 18.  Present subsection (3) of section 400.241,

27  Florida Statutes, is redesignated as subsection (4), and a new

28  subsection (3) is added to that section, to read:

29         400.241  Prohibited acts; penalties for violations.--

30         (3)  It is unlawful for any person, long-term-care

31  facility, or other entity to willfully interfere with the


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  1  unannounced inspections mandated by s. 400.19(3). Alerting or

  2  advising a facility of the actual or approximate date of such

  3  inspection shall be a per se violation of this subsection.

  4         Section 19.  Subsection (1) of section 468.1755,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         468.1755  Disciplinary proceedings.--

  7         (1)  The following acts shall constitute grounds for

  8  which the disciplinary actions in subsection (2) may be taken:

  9         (a)  Violation of any provision of s. 455.624(1) or s.

10  468.1745(1).

11         (b)  Attempting to procure a license to practice

12  nursing home administration by bribery, by fraudulent

13  misrepresentation, or through an error of the department or

14  the board.

15         (c)  Having a license to practice nursing home

16  administration revoked, suspended, or otherwise acted against,

17  including the denial of licensure, by the licensing authority

18  of another state, territory, or country.

19         (d)  Being convicted or found guilty, regardless of

20  adjudication, of a crime in any jurisdiction which relates to

21  the practice of nursing home administration or the ability to

22  practice nursing home administration.  Any plea of nolo

23  contendere shall be considered a conviction for purposes of

24  this part.

25         (e)  Making or filing a report or record which the

26  licensee knows to be false, intentionally failing to file a

27  report or record required by state or federal law, willfully

28  impeding or obstructing such filing, or inducing another

29  person to impede or obstruct such filing.  Such reports or

30  records shall include only those which are signed in the

31  capacity of a licensed nursing home administrator.


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  1         (f)  Authorizing the discharge or transfer of a

  2  resident for a reason other than those provided in ss. 400.022

  3  and 400.0255.

  4         (g)(f)  Advertising goods or services in a manner which

  5  is fraudulent, false, deceptive, or misleading in form or

  6  content.

  7         (h)(g)  Fraud or deceit, negligence, incompetence, or

  8  misconduct in the practice of nursing home administration.

  9         (i)(h)  A violation or repeated violations of this

10  part, part II of chapter 455, or any rules promulgated

11  pursuant thereto.

12         (j)(i)  Violation of a lawful order of the board or

13  department previously entered in a disciplinary hearing or

14  failing to comply with a lawfully issued subpoena of the board

15  or department.

16         (k)(j)  Practicing with a revoked, suspended, inactive,

17  or delinquent license.

18         (l)(k)  Repeatedly acting in a manner inconsistent with

19  the health, safety, or welfare of the patients of the facility

20  in which he or she is the administrator.

21         (m)(l)  Being unable to practice nursing home

22  administration with reasonable skill and safety to patients by

23  reason of illness, drunkenness, use of drugs, narcotics,

24  chemicals, or any other material or substance or as a result

25  of any mental or physical condition.  In enforcing this

26  paragraph, upon a finding of the secretary or his or her

27  designee that probable cause exists to believe that the

28  licensee is unable to serve as a nursing home administrator

29  due to the reasons stated in this paragraph, the department

30  shall have the authority to issue an order to compel the

31  licensee to submit to a mental or physical examination by a


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  1  physician designated by the department. If the licensee

  2  refuses to comply with such order, the department's order

  3  directing such examination may be enforced by filing a

  4  petition for enforcement in the circuit court where the

  5  licensee resides or serves as a nursing home administrator.

  6  The licensee against whom the petition is filed shall not be

  7  named or identified by initials in any public court records or

  8  documents and the proceedings shall be closed to the public.

  9  The department shall be entitled to the summary procedure

10  provided in s. 51.011.  A licensee affected under this

11  paragraph shall have the opportunity, at reasonable intervals,

12  to demonstrate that he or she can resume the competent

13  practice of nursing home administration with reasonable skill

14  and safety to patients.

15         (n)(m)  Has Willfully or repeatedly violating violated

16  any of the provisions of the law, code or rules of the

17  licensing or supervising authority or agency of the state or

18  political subdivision thereof having jurisdiction of the

19  operation and licensing of nursing homes.

20         (o)(n)  Paying, giving, causing Has paid, given, caused

21  to be paid or given, or offering offered to pay or to give to

22  any person a commission or other valuable consideration for

23  the solicitation or procurement, either directly or

24  indirectly, of nursing home usage.

25         (p)(o)  Has Willfully permitting permitted unauthorized

26  disclosure of information relating to a patient or his or her

27  records.

28         (q)(p)  Discriminating with Has discriminated in

29  respect to patients, employees, or staff on account of race,

30  religion, color, sex, or national origin.

31


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  1         Section 20.  Paragraph (b) of subsection (1) of section

  2  394.4625, Florida Statutes, is amended to read:

  3         394.4625  Voluntary admissions.--

  4         (1)  AUTHORITY TO RECEIVE PATIENTS.--

  5         (b)  A mental health overlay program or a mobile crisis

  6  response service or a licensed professional who is authorized

  7  to initiate an involuntary examination pursuant to s. 394.463

  8  and is employed by a community mental health center or clinic

  9  must, pursuant to district procedure approved by the

10  respective district administrator, conduct an initial

11  assessment of the ability of the following persons to give

12  express and informed consent to treatment before such persons

13  may be admitted voluntarily:

14         1.  A person 60 years of age or older for whom transfer

15  is being sought from a nursing home, assisted living facility,

16  adult day care center, or adult family-care home, when such

17  person has been diagnosed as suffering from dementia.

18         2.  A person 60 years of age or older for whom transfer

19  is being sought from a nursing home pursuant to s.

20  400.0255(11) s. 400.0255(6).

21         3.  A person for whom all decisions concerning medical

22  treatment are currently being lawfully made by the health care

23  surrogate or proxy designated under chapter 765.

24         Section 21.  Subsection (1) of section 400.063, Florida

25  Statutes, is amended to read:

26         400.063  Resident Protection Trust Fund.--

27         (1)  A Resident Protection Trust Fund shall be

28  established for the purpose of collecting and disbursing funds

29  generated from the license fees and administrative fines as

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

31  400.121(2), and 400.23(8)(9).  Such funds shall be for the


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  1  sole purpose of paying for the appropriate alternate

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

  3  from a facility licensed under this part or a facility

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

  5  that existing conditions or practices constitute an immediate

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

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

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

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

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

11  residents in the facility pending removal and alternative

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

13  under the direction and control of a receiver appointed

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

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

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

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

18  authorized local order of evacuation of a facility by

19  emergency personnel to protect the health and safety of the

20  residents.

21         Section 22.  For purposes of incorporating the

22  amendment to section 468.1755, Florida Statutes, in references

23  thereto, subsection (3) of section 468.1695, Florida Statutes,

24  is reenacted to read:

25         468.1695  Licensure by examination.--

26         (3)  The department shall issue a license to practice

27  nursing home administration to any applicant who successfully

28  completes the examination in accordance with this section and

29  otherwise meets the requirements of this part.  The department

30  shall not issue a license to any applicant who is under

31  investigation in this state or another jurisdiction for an


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  1  offense which would constitute a violation of s. 468.1745 or

  2  s. 468.1755. Upon completion of the investigation, the

  3  provisions of s. 468.1755 shall apply.

  4         Section 23.  For the purpose of incorporating the

  5  amendment to section 468.1755, Florida Statutes, in references

  6  thereto, section 468.1735, Florida Statutes, is reenacted to

  7  read:

  8         468.1735  Provisional license.--The board may establish

  9  by rule requirements for issuance of a provisional license.  A

10  provisional license shall be issued only to fill a position of

11  nursing home administrator that unexpectedly becomes vacant

12  due to illness, sudden death of the administrator, or

13  abandonment of position and shall be issued for one single

14  period as provided by rule not to exceed 6 months.  The

15  department shall not issue a provisional license to any

16  applicant who is under investigation in this state or another

17  jurisdiction for an offense which would constitute a violation

18  of s. 468.1745 or s. 468.1755. Upon completion of the

19  investigation, the provisions of s. 468.1755 shall apply.  The

20  provisional license may be issued to a person who does not

21  meet all of the licensing requirements established by this

22  part, but the board shall by rule establish minimal

23  requirements to ensure protection of the public health,

24  safety, and welfare.  The provisional license shall be issued

25  to the person who is designated as the responsible person next

26  in command in the event of the administrator's departure.  The

27  board may set an application fee not to exceed $500 for a

28  provisional license.

29         Section 24.  Section 468.1756, Florida Statutes, 1998

30  Supplement, is amended to read:

31


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  1         468.1756  Statute of limitations.--An administrative

  2  complaint may only be filed pursuant to s. 455.621 for an act

  3  listed in s. 468.1755(1)(c)-(q) paragraphs (1)(c)-(p) of s.

  4  468.1755 within 4 years from the time of the incident giving

  5  rise to the complaint, or within 4 years from the time the

  6  incident is discovered or should have been discovered.

  7         Section 25.  Patient care targets.--The Legislature may

  8  appropriate funds in any fiscal year to the Agency for Health

  9  Care Administration in order to allow nursing facilities the

10  ability to recruit and retain qualified staff and to provide

11  appropriate care. The Agency for Health Care Administration

12  shall adjust target limitations in the patient-care component

13  of the per diem rate to allow these additional funds to be

14  reimbursed through the per diem rate.

15         Section 26.  Panel on Medicaid reimbursement.--

16         (1)  There is created a panel on Medicaid reimbursement

17  to study the state's Medicaid reimbursement plan for nursing

18  home facilities and to recommend changes to accomplish the

19  following goals:

20         (a)  Increase the rate of employee retention in

21  individual nursing home facilities and in the field of

22  long-term care, and ensure salary enhancements for staff who

23  achieve targets of longevity with a nursing home facility.

24         (b)  Create incentives for facilities to renovate and

25  update existing physical plants, when practicable, instead of

26  building new facilities or selling to another entity.

27         (c)  Create incentives for facilities to provide more

28  direct-care staff and nurses.

29         (2)  The panel shall be administratively attached to

30  and supported by the Agency for Health Care Administration and

31  shall be composed of the following members: the Director for


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  1  Medicaid of the Agency for Health Care Administration and two

  2  agency staff persons competent in the technical and policy

  3  aspects of Medicaid reimbursement; one representative from the

  4  Governor's Office of Planning and Budgeting; one

  5  representative from the Florida Association of Homes for the

  6  Aging; one representative from the Florida Health Care

  7  Association; one representative from the Department of Elderly

  8  Affairs, and one consumer representative appointed by the

  9  secretary of that department; and a consumer's advocate for

10  senior citizens and two persons with expertise in the field of

11  quality management, financing, or public sector

12  accountability, appointed by the Governor.

13         (3)  The panel shall hold its first meeting by August

14  1, 1999, and shall report its preliminary findings and

15  recommendations to the Legislature no later than December 31,

16  1999, by submitting a copy of its report to the President of

17  the Senate, the Speaker of the House of Representatives, and

18  the majority and minority offices of each chamber. The panel

19  shall report its final findings and recommendations to those

20  persons and offices no later than December 8, 2000. The panel

21  shall cease to exist and its operation shall terminate on

22  January 1, 2001.

23         Section 27.  Study of certified nursing assistant

24  training, employment, and retention.--The Department of

25  Elderly Affairs, in consultation with the nursing home

26  industry, consumer advocates, persons employed by nursing

27  homes as licensed nurses and certified nursing assistants, the

28  Department of Health, the Agency for Health Care

29  Administration, the Department of Labor and Employment

30  Security, and the Department of Education, shall conduct, or

31  contract for, a study of the major factors affecting the


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  1  recruitment, training, employment, and retention of qualified

  2  certified nursing assistants within the nursing home industry.

  3  The Department of Elderly Affairs shall, by January 15, 2000,

  4  provide to the Speaker of the House of Representatives and the

  5  President of the Senate the results of the study, along with

  6  recommendations to improve the quality and availability of

  7  certified nursing assistants employed by nursing facilities.

  8  The study shall include a one-time review of the performance

  9  of certified nursing assistant training programs and shall

10  compare the types of training programs as to admission

11  criteria, program requirements, graduation rates, job

12  placement, and job retention in nursing homes relative to job

13  retention in other health care environments and other job

14  classifications for which certified nursing assistants may

15  qualify. The study shall identify factors likely to improve

16  the rates of employment and retention of certified nursing

17  assistants in nursing homes. The study shall also include an

18  assessment of the extent and impact of certified nursing

19  assistant shortages within the major regional job markets of

20  the state. The study shall include an assessment of the

21  following factors:

22         (1)  The extent and characteristics of the shortage

23  within the various regions of the state.

24         (2)  The causes of the shortage, including, but not

25  restricted to, salary and benefits, working conditions, career

26  development, and the availability of certified nursing

27  assistant training programs.

28         (3)  The impact of labor shortages on the ability of

29  nursing homes to hire sufficient staff to meet both the

30  minimum staffing standards required by agency rule and the

31


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  1  facility-specific staffing standards based on the needs of

  2  residents.

  3         (4)  The impact of the labor shortage on the increased

  4  use of temporary nursing pool agencies by nursing homes; the

  5  influences of this trend on the quality and cost of services

  6  provided; and the benefits of additional regulation of such

  7  nursing pool agencies in light of the shortage.

  8         (5)  Comparisons of the extent and effect of the

  9  shortage of certified nursing assistants in Florida to the

10  experiences of other states and with respect to national

11  trends.

12         (6)  The need for and feasibility of various measures

13  to enhance the image of certified nursing assistants,

14  including enhanced recruitment efforts directed towards

15  students at the junior high school and senior high school

16  levels, local education outreach, and job placement programs.

17         (7)  The implications of the shortage as it relates to

18  the supply of and need for related paraprofessionals and other

19  health care workers, such as licensed practical nurses.

20         (8)  The feasibility of allocating loans, grants, and

21  scholarships for the purpose of providing greater incentive

22  for and access to certified nursing assistant education, and

23  the probable effects of such efforts.

24         (9)  The desirability of demonstration projects to test

25  innovative models and methods for the purpose of addressing

26  the need for more and better-qualified certified nursing

27  assistants in nursing homes.

28         Section 28.  Section 400.29, Florida Statutes, is

29  repealed.

30         Section 29.  Section 408.909, Florida Statutes, is

31  created to read:


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  1         408.909  Implementation of a teaching-nursing-home

  2  pilot project.--

  3         (1)  As used in this section, the term "teaching

  4  nursing home" means a nursing home facility licensed under

  5  chapter 400 which contains a minimum of 400 licensed nursing

  6  home beds; has access to a resident senior population of

  7  sufficient size to support education, training, and research

  8  relating to geriatric care; and has a contractual relationship

  9  with a federally funded, accredited geriatric research center

10  in this state.

11         (2)(a)  The Agency for Health Care Administration shall

12  implement a comprehensive multidisciplinary program of

13  geriatric education and research as a pilot project in a

14  nursing home facility designated by the agency as a teaching

15  nursing home. The program must be established as a pilot

16  project and must be administered at the nursing home facility

17  and other appropriate settings.

18         (b)  The agency shall develop criteria for designating

19  teaching nursing homes in consultation with advocates of the

20  elderly, advocates of persons with disabilities,

21  representatives of the nursing home industry, and

22  representatives of the State University System.

23         (3)  For a nursing home to be designated as a teaching

24  nursing home, the nursing home licensee must, at a minimum:

25         (a)  Provide a comprehensive program of integrated

26  senior services that include institutional services and

27  community-based services;

28         (b)  Participate in a nationally recognized

29  accreditation program and hold a valid accreditation, such as

30  the accreditation awarded by the Joint Commission on

31  Accreditation of the Healthcare Organizations;


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  1         (c)  Have been in business in this state for at least

  2  10 consecutive years;

  3         (d)  Demonstrate an active program in multidisciplinary

  4  education and research which relates to gerontology;

  5         (e)  Have a formalized contractual relationship with at

  6  least one accredited health-profession education program

  7  located in this state;

  8         (f)  Have a formalized contractual relationship with an

  9  accredited hospital that is designated by law as a teaching

10  hospital; and

11         (g)  Have senior staff members who hold formal faculty

12  appointments at universities that have at least one accredited

13  health-profession education program.

14         (4)  A teaching nursing home may be affiliated with a

15  medical school within the state and a federally funded center

16  of excellence in geriatric research and education. The purpose

17  of such affiliations is to foster the development of methods

18  for improving and expanding the capability of health care

19  facilities to respond to the medical, psychological, and

20  social needs of frail elderly persons by providing the most

21  effective and appropriate services. A teaching nursing home

22  shall serve as a resource for research and for training health

23  care professionals in providing health care services in

24  institutional settings to frail elderly persons.

25         (5)  The Legislature may provide an annual

26  appropriation to the nursing home facility designated as a

27  teaching nursing home.

28         (6)  In order for a nursing home to qualify as a

29  teaching nursing home under this section and to be entitled to

30  the benefits provided under this section, the nursing home

31  must:


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  1         (a)  Be primarily operated and established to offer,

  2  afford, and render a comprehensive multidisciplinary program

  3  of geriatric education and research to residents of the state;

  4  and

  5         (b)  Certify to the Agency for Health Care

  6  Administration, each school year, the name, address, and

  7  educational history of each trainee approved and accepted for

  8  enrollment in the institution.

  9         (7)  A teaching nursing home may not spend any of the

10  funds received under this section for any purpose other than

11  operating and maintaining a teaching nursing home and

12  conducting geriatric research. In addition, a teaching nursing

13  home may not spend any funds received under this section for

14  constructing any building of any kind, nature, or description

15  or for maintaining or operating, in any form or manner, a

16  nursing home or health care facility.

17         Section 30.  Paragraphs (i) and (j) of subsection (1)

18  of section 430.502, Florida Statutes, 1998 Supplement, are

19  amended and paragraph (k) is added to said subsection, to

20  read:

21         430.502  Alzheimer's disease; memory disorder clinics

22  and day care and respite care programs.--

23         (1)  There is established:

24         (i)  A memory disorder clinic at the Tallahassee

25  Memorial Regional Medical Center; and

26         (j)  A memory disorder clinic at Lee Memorial Hospital

27  created by chapter 63-1552, Laws of Florida, as amended; and,

28         (k)  A memory disorder clinic at Sarasota Memorial

29  Hospital in Sarasota County,

30

31


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  1  for the purpose of conducting research and training in a

  2  diagnostic and therapeutic setting for persons suffering from

  3  Alzheimer's disease and related memory disorders.  However,

  4  memory disorder clinics funded as of June 30, 1995, shall not

  5  receive decreased funding due solely to subsequent additions

  6  of memory disorder clinics in this subsection.

  7         Section 31.  The sum of $100,000 is appropriated from

  8  the Health Care Trust Fund to the Department of Elderly

  9  Affairs for Fiscal Year 1999-2000 to fund the responsibilities

10  of the Office of State Long-Term-Care Ombudsman and establish

11  a statewide toll-free telephone number pursuant to section

12  400.0078, Florida Statutes, as created by this act. Eighteen

13  positions and the sum of $425,123 from recurring General

14  Revenue Funds, $72,691 from nonrecurring General Revenue Funds

15  and $882,484 from the Administrative Trust Fund is

16  appropriated to the Agency for Health Care Administration for

17  Fiscal Year 1999-2000 to implement the provisions of this act.

18  The sum of $26,000 from the General Revenue Fund is

19  appropriated to the Executive Office of the Governor for

20  Fiscal Year 1999-2000 for the Governor's Panel on Excellence

21  in Long-Term Care.

22         Section 32.  This act shall comply with sections

23  112.3189 and 448.102, Florida Statutes.

24         Section 33.  This act shall take effect July 1, 1999,

25  except that this section and section 13 shall take effect upon

26  becoming a law.

27

28

29

30

31


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