Senate Bill 2230

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



    Florida Senate - 2000                                  SB 2230

    By Senator Meek





    36-1014-00

  1                      A bill to be entitled

  2         An act relating to nursing home facilities;

  3         amending s. 400.126, F.S.; providing conditions

  4         under which the Agency for Health Care

  5         Administration must petition a court for

  6         appointment of a receiver for a facility;

  7         prescribing the term of receivership;

  8         authorizing the agency to adopt rules;

  9         providing funds for administering the

10         receivership from the Resident Protection Trust

11         Fund; removing a limitation on the term of

12         appointment of a receiver; providing an

13         effective date.

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

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17         Section 1.  Subsection (2) of section 400.126, Florida

18  Statutes, is amended to read:

19         400.126  Receivership proceedings.--

20         (2)(a)  The agency shall petition a court of competent

21  jurisdiction for the appointment of a receiver for a facility

22  when:

23         1.  The agency has filed an administrative complaint to

24  revoke the facility license; or

25         2.  The facility has received a notice to terminate

26  Medicare and has not come into compliance within 10 days after

27  the date of termination.

28         (b)  Upon appointment by the court of a receiver, the

29  receiver shall operate the facility in accordance with this

30  section until:

31         1.  The facility has been sold to new ownership; or

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    Florida Senate - 2000                                  SB 2230
    36-1014-00




  1         2.  The facility has been brought into compliance with

  2  all applicable care standards and the licensee has satisfied

  3  the agency that it has the intent and means to operate the

  4  facility in full compliance with all state and federal

  5  standards.

  6         (c)  The agency may adopt rules necessary to administer

  7  this subsection. Funds necessary for administering this

  8  subsection are to be provided from the Resident Protection

  9  Trust Fund, in accordance with s. 400.063.

10         (d)  Petitions for receivership shall take precedence

11  over other court business unless the court determines that

12  some other pending proceeding, having similar statutory

13  precedence, shall have priority.  A hearing shall be conducted

14  within 5 days of the filing of the petition, at which time all

15  interested parties shall have the opportunity to present

16  evidence pertaining to the petition.  The agency shall notify

17  the owner or administrator of the facility named in the

18  petition of the filing of the petition and the date set for

19  the hearing.  The court may grant the petition only upon

20  finding that the health, safety, or welfare of residents of

21  the facility would be threatened if a condition existing at

22  the time the petition was filed is permitted to continue.  A

23  receiver may not be appointed when the owner or administrator,

24  or a representative of the owner or administrator, is not

25  present at the hearing on the petition, unless the court

26  determines that one or more of the conditions in subsection

27  (1) exist; that the facility owner or administrator cannot be

28  found; that all reasonable means of locating the owner or the

29  administrator and notifying him or her of the petition and

30  hearing have been exhausted; or that the owner or

31  administrator, after notification of the hearing, chooses not

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    Florida Senate - 2000                                  SB 2230
    36-1014-00




  1  to attend.  After such findings, the court may appoint any

  2  person qualified by education, training, or experience to

  3  carry out the responsibilities of a receiver pursuant to this

  4  section, who must either be qualified pursuant to s. 400.20 or

  5  who must employ a licensed nursing home administrator in

  6  compliance with s. 400.20, except that the court may not

  7  appoint any owner or affiliate of the facility which is in

  8  receivership.  The receiver may be selected from a list of

  9  persons qualified to act as receivers developed by the agency

10  and presented to the court with each petition for

11  receivership.  Under no circumstances shall the agency or

12  designated agency employee be appointed as a receiver for more

13  than 60 days; however, the receiver may petition the court,

14  one time only, for a 30-day extension.  The court shall grant

15  the extension upon a showing of good cause.

16         Section 2.  This act shall take effect July 1, 2000.

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19                          SENATE SUMMARY

20    Provides conditions under which the Agency for Health
      Care Administration must petition a court for the
21    appointment of a receiver for a nursing facility.
      Prescribes the term of the receivership.  Authorizes the
22    Agency to adopt rules. Provides that funds for the
      administration of a receivership are to come from the
23    Resident Protection Trust Fund. Removes a limitation on
      the term of appointment of a receiver.
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