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
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5 ORIGINAL STAMP BELOW
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11 The Committee on Health Care Licensing & Regulation offered
12 the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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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
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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
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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
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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
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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.
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HOUSE AMENDMENT
Bill No. CS/HB 1575
Amendment No. 1 (for drafter's use only)
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6 And the title is amended as follows:
7 On page 1, line 13, after "instability;"
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9 insert:
10 amending s. 400.141, F.S.; requiring the
11 disclosure of certain information;
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