CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1575

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Health Care Licensing & Regulation offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsections (5) through (17) of section

19  400.021, Florida Statutes, are renumbered as subsections (6)

20  through (18), respectively, and a new subsection (5) is added

21  to said section to read:

22         400.021  Definitions.--When used in this part, unless

23  the context otherwise requires, the term:

24         (5)  "Controlling person" for purposes of this part,

25  means:

26         (a)  The licensee applicant and any management company

27  or other entity, related or unrelated, that the applicant may

28  contract with to operate the institution.

29         (b)  Any person who serves as an officer, is on the

30  board of directors, or has a 5% or more ownership interest in

31  the applicant.  Controlling person does not mean a director of

                                  1

    File original & 9 copies    04/13/00
    hcs0005                     03:23 pm         01575-hcl -632891




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1575

    Amendment No. 1 (for drafter's use only)





 1  a not-for-profit corporation or organization if the director

 2  serves solely in a voluntary capacity for the corporation or

 3  organization, does not regularly take part in the day-to-day

 4  operational decisions of the corporation or organization,

 5  receives no remuneration for his or her services on the

 6  corporation's or organization's board of directors, and has no

 7  financial interest in the corporation or organization.  The

 8  application must include a statement from the director and the

 9  not-for-profit corporation or organization affirming that the

10  director's relationship to the corporation or organization

11  satisfies the requirements of this paragraph.

12         (c) Any person who serves as an officer, is on the

13  board of directors, or has a 5% or more ownership interest in

14  the management company or other entity that the applicant may

15  contract with to operate the institution.

16         Section 2.  Subsection (2) of section 400.071, Florida

17  Statutes, is amended to read:

18         400.071  Application for license.--

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

20  contain the following:

21         (a)  The name, address, and social security number of

22  the applicant if an individual; if the applicant is a firm,

23  partnership, or association, its name, address, and employer

24  identification number (EIN), and the name and address of every

25  member; if the applicant is a corporation, its name, address,

26  and employer identification number (EIN), and the name and

27  address of its director and officers and of each person having

28  at least a 5 percent interest in the corporation; and the name

29  by which the facility is to be known.

30         (b)  The name of any person whose name is required on

31  the application under the provisions of paragraph (a) and who

                                  2

    File original & 9 copies    04/13/00
    hcs0005                     03:23 pm         01575-hcl -632891




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1575

    Amendment No. 1 (for drafter's use only)





 1  owns at least a 10 percent interest in any professional

 2  service, firm, association, partnership, or corporation

 3  providing goods, leases, or services to the facility for which

 4  the application is made, and the name and address of the

 5  professional service, firm, association, partnership, or

 6  corporation in which such interest is held.

 7         (c)  The location of the facility for which a license

 8  is sought and an indication, as in the original application,

 9  that such location conforms to the local zoning ordinances.

10         (d)  The name of the person or persons under whose

11  management or supervision the facility will be conducted,

12  including any controlling person, and the name of its licensed

13  administrator.

14         (e)  A signed affidavit disclosing any financial or

15  ownership interest that the applicant, or any person listed in

16  paragraph (d), has held within the last 5 years in any entity

17  licensed by this state or any other state to provide health or

18  residential care, which entity has closed voluntarily or

19  involuntarily and the reason for the closure; has filed

20  bankruptcy; has had a receiver appointed or a license denied,

21  suspended, or revoked; or has had an injunction issued against

22  it which was initiated by a regulatory agency.

23         (f)(e)  The total number of beds and the total number

24  of Medicare and Medicaid certified beds.

25         (g)(f)  Information relating to the number, experience,

26  and training of the employees of the facility and of the moral

27  character of the applicant and employees which the agency

28  requires by rule, including the name and address of any

29  nursing home with which the applicant or employees have been

30  affiliated through ownership or employment within 5 years of

31  the date of the application for a license and the record of

                                  3

    File original & 9 copies    04/13/00
    hcs0005                     03:23 pm         01575-hcl -632891




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1575

    Amendment No. 1 (for drafter's use only)





 1  any criminal convictions involving the applicant and any

 2  criminal convictions involving an employee if known by the

 3  applicant after inquiring of the employee.  The applicant must

 4  demonstrate that sufficient numbers of qualified staff, by

 5  training or experience, will be employed to properly care for

 6  the type and number of residents who will reside in the

 7  facility.

 8         (h)(g)  Copies of any civil verdict or judgment

 9  involving the applicant rendered within the 10 years preceding

10  the application, relating to medical negligence, violation of

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

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

13  of any new verdict or judgment involving the applicant,

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

15  clerk of the court.  The information required in this

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

17  and in an agency database which is available as a public

18  record.

19         Section 3.  Subsection (7) is added to section 400.121,

20  Florida Statutes, to read:

21         400.121  Denial, suspension, revocation of license;

22  moratorium on admissions; administrative fines; procedure;

23  order to increase staffing.--

24         (7)  The Agency may deny an application for an initial

25  or change-of-ownership license based upon the disclosure of

26  information as required in section 400.071(2)(e) if such

27  information demonstrates financial or care-related instability

28  of the applicant or any controlling person except as provided

29  in this subsection.  If such information demonstrates

30  financial or care-related instability of the management

31  company only, that would result in an initial or change of

                                  4

    File original & 9 copies    04/13/00
    hcs0005                     03:23 pm         01575-hcl -632891




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1575

    Amendment No. 1 (for drafter's use only)





 1  ownership license denial, then the applicant shall be given 30

 2  days to remedy the instability or the application will be

 3  denied.  If such information demonstrates financial

 4  instability of the management company only, in conjunction

 5  with either an initial or change-of-ownership application, and

 6  the management contract does not require the management

 7  company to provide working capital or other financial support

 8  to the applicant, then the information may not be used to deny

 9  the licensure of the applicant, but may be used as a basis for

10  additional monitoring by the agency of the licensed facility

11  as specified in s. 400.118, F.S.  If such information

12  demonstrates financial or care-related instability of the

13  applicant or any controlling person, in conjunction with an

14  application for license renewal, then such information may be

15  used as a basis for additional monitoring by the agency of the

16  licensed facility as specified in s. 400.118, F.S.

17         Section 4.  Subsection (2) of section 397.405, Florida

18  Statutes, is amended to read:

19         397.405  Exemptions from licensure.--The following are

20  exempt from the licensing provisions of this chapter:

21         (2)  A nursing home facility as defined in s.

22  400.021(11).

23         Section 5.  Subsection (14) is added to section

24  400.141, Florida Statutes, to read:

25         400.141  Administration and management of nursing home

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

27  applicable standards and rules of the agency and shall:

28         (14)  Provide to the agency information specified in

29  section 400.071(e) for a management company within thirty days

30  of the start of the management agreement.

31         Section 6.  This act shall take effect July 1, 2000.

                                  5

    File original & 9 copies    04/13/00
    hcs0005                     03:23 pm         01575-hcl -632891




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1575

    Amendment No. 1 (for drafter's use only)





 1

 2  (Renumber subsequent sections)

 3

 4

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

 6  And the title is amended as follows:

 7         On page 1, line 13, after "instability;"

 8

 9  insert:

10         amending s. 400.141, F.S.; requiring the

11         disclosure of certain information;

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6

    File original & 9 copies    04/13/00
    hcs0005                     03:23 pm         01575-hcl -632891