Senate Bill 2266

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    Florida Senate - 2000                                  SB 2266

    By Senator Forman





    32-1256-00

  1                      A bill to be entitled

  2         An act relating to healthcare; amending s.

  3         400.408, F.S.; requiring the Agency for Health

  4         Care Administration in cooperation with other

  5         specified entities to establish a statewide and

  6         local coordinating workgroup to identify the

  7         operation of unlicensed assisted living

  8         facilities and to develop a plan to enforce

  9         state laws relating to unlicensed assisted

10         living facilities; requiring a report to the

11         agency of the workgroup's findings and

12         recommendations; requiring health care

13         practitioners to report known operations of

14         unlicensed facilities; prohibiting hospitals

15         and community mental health centers from

16         discharging a patient or client to an

17         unlicensed facility; amending s. 415.1034,

18         F.S.; requiring paramedics and emergency

19         medical technicians to report acts of abuse

20         committed against a disabled adult or elderly

21         person; amending s. 509.032, F.S.; requiring

22         the Division of Hotels and Restaurants of the

23         Department of Business and Professional

24         Regulation to report to specified agencies

25         known incidents of abuse committed against

26         disabled adults or elderly persons at a public

27         lodging; requiring the division to develop

28         procedures and maintain records; providing an

29         effective date.

30

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

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    Florida Senate - 2000                                  SB 2266
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  1         Section 1.  Subsections (1) and (2) of section 400.408,

  2  Florida Statutes, are amended to read:

  3         400.408  Unlicensed facilities; referral of person for

  4  residency to unlicensed facility; penalties; verification of

  5  licensure status.--

  6         (1)(a)  It is unlawful to own, operate, or maintain an

  7  assisted living facility without obtaining a license under

  8  this part.

  9         (b)  Except as provided under paragraph (d), any person

10  who owns, operates, or maintains an unlicensed assisted living

11  facility commits a felony of the third degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

13  continued operation is a separate offense.

14         (c)  Any person found guilty of violating paragraph (a)

15  a second or subsequent time commits a felony of the second

16  degree, punishable as provided under s. 775.082, s. 775.083,

17  or s. 775.084. Each day of continued operation is a separate

18  offense.

19         (d)  Any person who owns, operates, or maintains an

20  unlicensed assisted living facility due to a change in this

21  part or a modification in department rule within 6 months

22  after the effective date of such change and who, within 10

23  working days after receiving notification from the agency,

24  fails to cease operation or apply for a license under this

25  part commits a felony of the third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

27  continued operation is a separate offense.

28         (e)  Any facility that fails to cease operation after

29  agency notification may be fined for each day of noncompliance

30  pursuant to s. 400.419.

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    Florida Senate - 2000                                  SB 2266
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  1         (f)  When a licensee has an interest in more than one

  2  assisted living facility, and fails to license any one of

  3  these facilities, the agency may revoke the license, impose a

  4  moratorium, or impose a fine pursuant to s. 400.419, on any or

  5  all of the licensed facilities until such time as the

  6  unlicensed facility is licensed or ceases operation.

  7         (g)  If the agency determines that an owner is

  8  operating or maintaining an assisted living facility without

  9  obtaining a license and determines that a condition exists in

10  the facility that poses a threat to the health, safety, or

11  welfare of a resident of the facility, the owner is subject to

12  the same actions and fines imposed against a licensed facility

13  as specified in ss. 400.414 and 400.419.

14         (h)  Any person aware of the operation of an unlicensed

15  assisted living facility must report that facility to the

16  agency. The agency shall provide to the department's elder

17  information and referral providers a list, by county, of

18  licensed assisted living facilities, to assist persons who are

19  considering an assisted living facility placement in locating

20  a licensed facility.

21         (i)  The Agency for Health Care Administration in

22  cooperation with the Office of State Long-Term Care Ombudsman,

23  the Statewide Human Rights Advocacy Committee, the Department

24  of Children and Family Services, the Department of Elderly

25  Affairs, the Department of Law Enforcement, the Department of

26  Legal Affairs, the Division of State Fire Marshal of the

27  Department of Insurance, the state attorneys in each judicial

28  circuit, and the Florida Sheriffs' Association shall establish

29  a statewide and local coordinating workgroup to identify the

30  operation of unlicensed assisted living facilities, to develop

31  and implement a plan to ensure appropriate enforcement of

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  1  state laws relating to unlicensed assisted living facilities.

  2  The workgroup shall report its findings, actions, and

  3  recommendations quarterly to the Director of the Agency for

  4  Health Care Administration.

  5         (2)  It is unlawful to knowingly refer a person for

  6  residency to an unlicensed assisted living facility; to an

  7  assisted living facility the license of which is under denial

  8  or has been suspended or revoked; or to an assisted living

  9  facility that has a moratorium on admissions.  Any person who

10  violates this subsection commits a noncriminal violation,

11  punishable by a fine not exceeding $500 as provided in s.

12  775.083.

13         (a)  Any health care practitioner, as defined in s.

14  455.501, which is aware of the operation of an unlicensed

15  assisted living facility shall report that facility to the

16  agency. Failure to report a facility that the practitioner

17  knows or has reasonable cause to suspect is unlicensed shall

18  be reported to the practitioner's licensing board.

19         (b)  Any hospital or community mental health center

20  licensed under chapter 395 or chapter 394 which discharges a

21  patient or client to an assisted living facility that the

22  hospital or community mental health center knows or has

23  reasonable cause to suspect is operating as an unlicensed

24  assisted living facility is subject to an automatic sanction

25  under chapter 394 or chapter 395.

26         (c)(a)  Any employee of the agency or department, or

27  the Department of Children and Family Services, who knowingly

28  refers a person for residency to an unlicensed facility; to a

29  facility the license of which is under denial or has been

30  suspended or revoked; or to a facility that has a moratorium

31  on admissions is subject to disciplinary action by the agency

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    Florida Senate - 2000                                  SB 2266
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  1  or department, or the Department of Children and Family

  2  Services.

  3         (d)(b)  The employer of any person who is under

  4  contract with the agency or department, or the Department of

  5  Children and Family Services, and who knowingly refers a

  6  person for residency to an unlicensed facility; to a facility

  7  the license of which is under denial or has been suspended or

  8  revoked; or to a facility that has a moratorium on admissions

  9  shall be fined and required to prepare a corrective action

10  plan designed to prevent such referrals.

11         (e)(c)  The agency shall provide the department and the

12  Department of Children and Family Services with a list of

13  licensed facilities within each county and shall update the

14  list at least quarterly.

15         (f)(d)  At least annually, the agency shall notify, in

16  appropriate trade publications, physicians licensed under

17  chapter 458 or chapter 459, hospitals licensed under chapter

18  395, nursing home facilities licensed under part II of this

19  chapter, and employees of the agency or the department, or the

20  Department of Children and Family Services, who are

21  responsible for referring persons for residency, that it is

22  unlawful to knowingly refer a person for residency to an

23  unlicensed assisted living facility and shall notify them of

24  the penalty for violating such prohibition. The department and

25  the Department of Children and Family Services shall, in turn,

26  notify service providers under contract to the respective

27  departments who have responsibility for resident referrals to

28  facilities. Further, the notice must direct each noticed

29  facility and individual to contact the appropriate agency

30  office in order to verify the licensure status of any facility

31  prior to referring any person for residency. Each notice must

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  1  include the name, telephone number, and mailing address of the

  2  appropriate office to contact.

  3         Section 2.  Subsection (1) of section 415.1034, Florida

  4  Statutes, is amended to read:

  5         415.1034  Mandatory reporting of abuse, neglect, or

  6  exploitation of disabled adults or elderly persons; mandatory

  7  reports of death.--

  8         (1)  MANDATORY REPORTING.--

  9         (a)  Any person, including, but not limited to, any:

10         1.  Physician, osteopathic physician, medical examiner,

11  chiropractic physician, nurse, paramedic, emergency medical

12  technician, or hospital personnel engaged in the admission,

13  examination, care, or treatment of disabled adults or elderly

14  persons;

15         2.  Health professional or mental health professional

16  other than one listed in subparagraph 1.;

17         3.  Practitioner who relies solely on spiritual means

18  for healing;

19         4.  Nursing home staff; assisted living facility staff;

20  adult day care center staff; adult family-care home staff;

21  social worker; or other professional adult care, residential,

22  or institutional staff;

23         5.  State, county, or municipal criminal justice

24  employee or law enforcement officer;

25         6.  An employee of the Department of Business and

26  Professional Regulation conducting inspections of public

27  lodging establishments under s. 509.032;

28         7.6.  Human rights advocacy committee or long-term care

29  ombudsman council member; or

30         8.7.  Bank, savings and loan, or credit union officer,

31  trustee, or employee,

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  1

  2  who knows, or has reasonable cause to suspect, that a disabled

  3  adult or an elderly person has been or is being abused,

  4  neglected, or exploited shall immediately report such

  5  knowledge or suspicion to the central abuse registry and

  6  tracking system on the single statewide toll-free telephone

  7  number.

  8         (b)  To the extent possible, a report made pursuant to

  9  paragraph (a) must contain, but need not be limited to, the

10  following information:

11         1.  Name, age, race, sex, physical description, and

12  location of each disabled adult or an elderly person alleged

13  to have been abused, neglected, or exploited.

14         2.  Names, addresses, and telephone numbers of the

15  disabled adult's or elderly person's family members.

16         3.  Name, address, and telephone number of each alleged

17  perpetrator.

18         4.  Name, address, and telephone number of the

19  caregiver of the disabled adult or elderly person, if

20  different from the alleged perpetrator.

21         5.  Name, address, and telephone number of the person

22  reporting the alleged abuse, neglect, or exploitation.

23         6.  Description of the physical or psychological

24  injuries sustained.

25         7.  Actions taken by the reporter, if any, such as

26  notification of the criminal justice agency.

27         8.  Any other information available to the reporting

28  person which may establish the cause of abuse, neglect, or

29  exploitation that occurred or is occurring.

30         Section 3.  Paragraph (a) of subsection (2) of section

31  509.032, Florida Statutes, is amended to read:

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    Florida Senate - 2000                                  SB 2266
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  1         509.032  Duties.--

  2         (2)  INSPECTION OF PREMISES.--

  3         (a)  The division has responsibility and jurisdiction

  4  for all inspections required by this chapter.  The division

  5  has responsibility for quality assurance.  Each licensed

  6  establishment shall be inspected at least biannually and at

  7  such other times as the division determines is necessary to

  8  ensure the public's health, safety, and welfare.  The division

  9  shall establish a system to determine inspection frequency.

10  Public lodging units classified as resort condominiums or

11  resort dwellings are not subject to this requirement, but

12  shall be made available to the division upon request.  If,

13  during the inspection of a public lodging establishment

14  classified for renting to transient or nontransient tenants,

15  an inspector identifies disabled adults or elderly persons who

16  appear to be victims of neglect, as defined in s. 415.102, or,

17  in the case of a building that is not equipped with automatic

18  sprinkler systems, tenants or clients who may be unable to

19  self-preserve in an emergency, the division shall report such

20  incidents to the Agency for Health Care Administration, the

21  Office of State Long-Term Care Ombudsman, and the Statewide

22  Human Rights Advocacy Committee and shall make a report to the

23  central abuse registry and tracking system. The division in

24  cooperation with the agency shall develop procedures for

25  reporting possible acts of abuse by public lodging

26  establishments housing frail elderly persons and disabled

27  adults to the agency, the Office of State Long-Term Care

28  Ombudsman, the Statewide Human Rights Advocacy Committee, and

29  the central abuse registry and tracking system. The division

30  shall maintain a statewide record of reports and actions taken

31  by division staff. convene meetings with the following

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  1  agencies as appropriate to the individual situation: the

  2  Department of Health, the Department of Elderly Affairs, the

  3  area agency on aging, the local fire marshal, the landlord and

  4  affected tenants and clients, and other relevant

  5  organizations, to develop a plan which improves the prospects

  6  for safety of affected residents and, if necessary, identifies

  7  alternative living arrangements such as facilities licensed

  8  under part II or part III of chapter 400.

  9         Section 4.  This act shall take effect July 1, 2000.

10

11            *****************************************

12                          SENATE SUMMARY

13    Requires the Agency for Health Care Administration in
      cooperation with other specified entities to establish a
14    statewide and local coordinating workgroup to identify
      the operation of unlicensed assisted living facilities
15    and to develop a plan to enforce state laws relating to
      unlicensed assisted living facilities. Requires a report
16    to the agency of the workgroup's findings and
      recommendations. Requires health care practitioners to
17    report known operation of unlicensed facilities.
      Prohibits hospital and community mental health centers
18    from discharging a patient or client to an unlicensed
      facility. Requires paramedics and emergency medical
19    technicians to report acts of abuse committed against a
      disabled adult or elderly person. Requires the Division
20    of Hotels and Restaurants of the Department of Business
      and Professional Regulation to report to specified
21    agencies any known incidents of abuse committed against
      disabled adults or elderly persons at a public lodging.
22    Requires the division to develop procedures and maintain
      records.
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