House Bill 2431

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    Florida House of Representatives - 2000                HB 2431

        By the Committee on Elder Affairs & Long-Term Care and
    Representative Argenziano





  1                      A bill to be entitled

  2         An act relating to nursing homes and related

  3         health care facilities; amending s. 400.021,

  4         F.S.;  defining "nursing home bed"; amending s.

  5         400.0225, F.S.; modifying provisions relating

  6         to consumer satisfaction surveys; authorizing

  7         the Agency for Health Care Administration to

  8         adopt rules; amending s. 400.0255, F.S.;

  9         requiring a signed order by a physician when

10         the nursing home initiates transfer or

11         discharge of a resident; providing time

12         requirement for notice of discharge or transfer

13         to certain persons; amending s. 400.191, F.S.;

14         modifying requirements for consumer information

15         reporting; authorizing the agency to adopt

16         rules; amending s. 400.23, F.S.; providing an

17         exemption for nursing home residents age 18 to

18         21 years from certain standards of care based

19         on age, under certain circumstances; amending

20         s. 400.235, F.S.; modifying requirements

21         relating to designation under the nursing home

22         Gold Seal Program; authorizing the agency to

23         adopt rules; amending s. 400.962, F.S.;

24         exempting comprehensive transitional education

25         programs from licensure requirements under pt.

26         XI of ch. 400, F.S.; amending s. 397.405, F.S.;

27         correcting a cross reference; requiring a study

28         relating to use of automated medication

29         dispensing machines in nursing facilities;

30         providing for demonstration projects; requiring

31         a report; providing an effective date.

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

  2

  3         Section 1.  Subsections (11) through (17) of section

  4  400.021, Florida Statutes, are renumbered as subsections (12)

  5  through (18), respectively, and a new subsection (11) is added

  6  to said section to read:

  7         400.021  Definitions.--When used in this part, unless

  8  the context otherwise requires, the term:

  9         (11)  "Nursing home bed" means an accommodation which

10  is ready for immediate occupancy, or is capable of being made

11  ready for occupancy within 48 hours, excluding provision of

12  staffing; and which conforms to minimum space requirements,

13  including the availability of appropriate equipment and

14  furnishings within the 48 hours, as specified by rule of the

15  agency, for the provision of services specified in this part

16  to a single resident.

17         Section 2.  Section 400.0225, Florida Statutes, is

18  amended to read:

19         400.0225  Consumer satisfaction surveys.--The agency,

20  or its contractor, in consultation with the nursing home

21  industry and consumer representatives, shall develop an

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

23  every nursing facility licensed pursuant to this part

24  participates in assessing consumer satisfaction, and shall

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

26  representative sample of residents of each facility is

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

28  sufficient size to allow comparisons between and among

29  facilities. Family members, guardians, or other resident

30  designees may assist the resident in completing the survey.

31  Employees and volunteers of the nursing facility or of a

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  1  corporation or business entity with an ownership interest in

  2  the facility are prohibited from assisting a resident with or

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

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

  5  survey family members, guardians, or other resident designees

  6  when the resident is mentally incapable of responding to the

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

  8  protocol for conducting and reporting the consumer

  9  satisfaction surveys. Reports of consumer satisfaction surveys

10  shall protect the identity of individual respondents. The

11  agency shall contract for consumer satisfaction surveys and

12  report the results of those surveys in the consumer

13  information materials prepared and distributed by the agency.

14  The agency may adopt rules as necessary to administer this

15  section.

16         Section 3.  Subsections (3) and (8) of section

17  400.0255, Florida Statutes, are amended to read:

18         400.0255  Resident transfer or discharge; requirements

19  and procedures; hearings.--

20         (3)  When a discharge or transfer is initiated by the

21  nursing home resident is to be discharged or transferred, the

22  nursing home administrator employed by the nursing home that

23  is discharging or transferring the resident, or an individual

24  employed by the nursing home who is designated by the nursing

25  home administrator to act on behalf of the administration ,

26  must sign the notice of discharge or transfer. Any notice

27  indicating a medical reason for transfer or discharge must

28  either be signed by the resident's attending physician or the

29  medical director of the facility, or include an attached

30  written order for the discharge or transfer that is signed by

31

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  1  the resident's physician, medical director, treating

  2  physician, nurse practitioner, or physician assistant.

  3         (8)  The notice required by subsection (7) must be in

  4  writing and must contain all information required by state and

  5  federal law, rules, or regulations applicable to Medicaid or

  6  Medicare cases. The agency shall develop a standard document

  7  to be used by all facilities licensed under this part for

  8  purposes of notifying residents of a discharge or transfer.

  9  Such document must include a means for a resident to request

10  the district long-term care ombudsman council to review the

11  notice and request information about or assistance with

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

13  Appeals Hearings. In addition to any other pertinent

14  information included, the form shall specify the reason

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

16  discharged or transferred, with an explanation to support this

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

18  the discharge or transfer and the location to which the

19  resident is being discharged or transferred. The form shall

20  clearly describe the resident's appeal rights and the

21  procedures for filing an appeal, including the right to

22  request the district ombudsman council to review the notice of

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

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

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

26  district ombudsman council within 5 business days after

27  signature by the resident or resident designee.

28         Section 4.  Subsection (2) of section 400.191, Florida

29  Statutes, is amended, and subsection (6) is added to said

30  section, to read:

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  1         400.191  Availability, distribution, and posting of

  2  reports and records.--

  3         (2)  The agency shall provide additional information in

  4  consumer-friendly printed and electronic formats to assist

  5  consumers and their families in comparing and evaluating

  6  nursing home facilities.

  7         (a)  The agency shall provide an Internet site which

  8  shall include at least the following information either

  9  directly or indirectly through a link to another established

10  site or sites of the agency's choosing:

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

12  facilities in this state.

13         2.  Whether such nursing home facilities are

14  proprietary or nonproprietary.

15         3.  The current owner of the facility's license and the

16  year that that entity became the owner of the license. The

17  licensure status of each facility.

18         4.  The ownership history of each facility.

19         4.5.  The name of the owner or owners of each facility

20  and whether the facility is affiliated with a part of a

21  company or other organization corporation owning or managing

22  operating more than one nursing facility in this state.

23         6.  Performance, regulatory, and enforcement

24  information about the corporation, as well as the facility.

25         5.7.  The total number of beds in each facility.

26         6.8.  The number of private and semiprivate rooms in

27  each facility.

28         7.9.  The religious affiliation, if any, of each

29  facility.

30         8.10.  The languages spoken by the administrator and

31  staff of each facility.

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  1         9.11.  Whether or not each facility accepts Medicare or

  2  Medicaid recipients or insurance, health maintenance

  3  organization, Veterans Administration, CHAMPUS program, or

  4  workers' compensation coverage.

  5         10.12.  Recreational and other programs available at

  6  each facility.

  7         13.  For nursing homes certified for Medicare or

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

  9  federal Health Care Financing Administration about the

10  clinical performance of each facility, including information

11  related to the nursing home quality indicators.

12         14.  Information about the licensure status and

13  regulatory history of each facility.

14         11.15.  Special care units or programs offered at each

15  facility.

16         12.16.  Whether the facility is a part of a retirement

17  community that offers other services pursuant to part III,

18  part IV, or part V.

19         13.17.  The results of consumer and family satisfaction

20  surveys for each facility, as described in s. 400.0225. The

21  results may be converted to a score or scores, which may be

22  presented in either numeric or symbolic form for the intended

23  consumer audience.

24         18.  The licensure status and rating history for the

25  past 5 years for each facility.

26         14.19.  Survey and deficiency information contained on

27  the Online Survey Certification and Reporting (OSCAR) system

28  of the federal Health Care Financing Administration, including

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

30  each facility for the past 45 months 3 years.  For

31  noncertified nursing homes, state survey and deficiency

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  1  information, including annual survey, revisit, and complaint

  2  survey information for the past 45 months 3 years shall be

  3  provided.

  4         15.  A summary of the Online Survey Certification and

  5  Reporting (OSCAR) data for each facility over the past 45

  6  months. Such summary may include a score, rating, or

  7  comparison ranking with respect to other facilities based on

  8  the number of citations received by the facility of annual,

  9  revisit, and complaint surveys, the severity and scope of the

10  citations, and the number of annual recertification surveys

11  the facility has had during the past 45 months. The score,

12  rating, or comparison ranking may be presented in either

13  numeric or symbolic form for the intended consumer audience.

14         (b)  The agency shall provide the following information

15  in printed form:

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

17  facilities in this state.

18         2.  Whether such nursing home facilities are

19  proprietary or nonproprietary and their current ownership.

20         3.  The current owner or owners of the facility's

21  license and the year that entity became the owner of the

22  license The licensure status of each facility.

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

24  semiprivate rooms, in each facility.

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

26  facility.

27         6.  The name of the owner of each facility and whether

28  the facility is affiliated with a company or other

29  organization owning or managing more than one nursing facility

30  in this state.

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  1         7.6.  The languages spoken by the administrator and

  2  staff of each facility.

  3         7.  Whether or not each facility accepts Medicare or

  4  Medicaid recipients.

  5         8.  Whether or not each facility accepts Medicare or

  6  Medicaid recipients or insurance, health maintenance

  7  organization, Veterans Administration, CHAMPUS program, or

  8  workers' compensation coverage.

  9         9.8.  Recreational programs, special care units, and

10  other programs available at each facility.

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

12  system of the federal Health Care Financing Administration

13  about the clinical performance of each facility.

14         10.  Information about the licensure status and

15  regulatory history of each facility.

16         10.11.  The results of consumer and family satisfaction

17  surveys for each facility, as described in s. 400.0225. The

18  results may be converted to a score or scores, which may be

19  presented in either numeric or symbolic form for the intended

20  consumer audience.

21         11.12.  The Internet address for the site where more

22  detailed information can be seen.

23         12.13.  A statement advising consumers that each

24  facility will have its own policies and procedures related to

25  protecting resident property.

26         13.  A summary of the Online Survey Certification and

27  Reporting (OSCAR) data for each facility over the past 45

28  months. Such summary may include a score, rating, or

29  comparison ranking with respect to other facilities based on

30  the number of citations received by the facility on annual,

31  revisit, and complaint surveys, the severity and scope of the

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  1  citations, the number of citations, the number of annual

  2  recertification surveys the facility has had during the past

  3  45 months. The score, rating, or comparison ranking may be

  4  presented in either numeric or symbolic form for the intended

  5  consumer audience.

  6         (c)  For purposes of this subsection, references to the

  7  Online Survey Certification and Reporting (OSCAR) system shall

  8  refer to any future system that the Health Care Financing

  9  Administration develops to replace the current OSCAR system.

10         (d)  The agency may provide the following additional

11  information on an Internet site or in printed form as the

12  information becomes available:

13         1.  The licensure status history of each facility.

14         2.  The rating history of each facility.

15         3.  The regulatory history of each facility, which may

16  include federal sanctions, state sanctions, federal fines,

17  state fines, and other actions.

18         4.  Whether the facility currently possesses the Gold

19  Seal designation awarded pursuant to s. 400.235.

20         5.  Internet links to the Internet sites of the

21  facilities or their affiliates.

22         (6)  The agency may adopt rules as necessary to

23  administer this section.

24         Section 5.  Subsection (5) of section 400.23, Florida

25  Statutes, is amended to read:

26         400.23  Rules; evaluation and deficiencies; licensure

27  status.--

28         (5)  The agency, in collaboration with the Division of

29  Children's Medical Services of the Department of Health, must,

30  no later than December 31, 1993, adopt rules for minimum

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

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  1  in nursing home facilities.  The rules must include a

  2  methodology for reviewing a nursing home facility under ss.

  3  408.031-408.045 which serves only persons under 21 years of

  4  age. A facility may be exempt from these standards for

  5  specific persons between 18 and 21 years of age, if the

  6  person's physician agrees that minimum standards of care based

  7  on age are not necessary.

  8         Section 6.  Paragraph (a) of subsection (3), subsection

  9  (4), and paragraphs (e) and (h) of subsection (5) of section

10  400.235, Florida Statutes, are amended, and subsection (9) is

11  added to said section, to read:

12         400.235  Nursing home quality and licensure status;

13  Gold Seal Program.--

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

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

16  Care which shall operate under the authority of the Executive

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

18  persons appointed by the Governor, to include a consumer

19  advocate for senior citizens and two persons with expertise in

20  the fields of quality management, service delivery excellence,

21  or public sector accountability; three persons appointed by

22  the Secretary of Elderly Affairs, to include an active member

23  of a nursing facility family and resident care council and a

24  member of the University Consortium on Aging; the State

25  Long-Term Care Ombudsman; one person appointed by the Florida

26  Life Care Residents Association; one person appointed by the

27  Secretary of Health; two persons appointed by the Director of

28  Health Care Administration, to include the Deputy Director for

29  State Health Purchasing; one person appointed by the Florida

30  Association of Homes for the Aging; and one person appointed

31  by the Florida Health Care Association. All members of the

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  1  panel shall be appointed by October 1, 1999, and the panel

  2  shall hold its organizational meeting no later than December

  3  10, 1999. Vacancies on the panel shall be filled in the same

  4  manner as the original appointments. No member shall serve for

  5  more than 4 consecutive years from the date of appointment.

  6         (4)  The panel shall consider at least the quality of

  7  care provided to residents following resident-based quality

  8  indicator domains when evaluating a facility for the Gold Seal

  9  Program. The panel shall determine the procedure or procedures

10  for measuring the quality of care.:

11         (a)  Accidents.

12         (b)  Behavioral/emotional patterns.

13         (c)  Clinical management.

14         (d)  Cognitive patterns.

15         (e)  Elimination/continence.

16         (f)  Infection control.

17         (g)  Nutrition and eating.

18         (h)  Physical functioning.

19         (i)  Psychotropic drug use.

20         (j)  Quality of life.

21         (k)  Sensory functioning and communication.

22         (l)  Skin care.

23         (5)  Facilities must meet the following additional

24  criteria for recognition as a Gold Seal Program facility:

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

26  relatively low rate of turnover among certified nursing

27  assistants and licensed registered nurses within the 30 months

28  preceding application for the Gold Seal Program, and

29  demonstrate a continuing effort to maintain a stable workforce

30  and to reduce turnover of licensed nurses and certified

31  nursing assistants.

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  1         (h)  Evidence superior levels of clinical outcomes as

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

  3  Care Financing Administration. Facilities that are not

  4  certified for Medicare or Medicaid are not required to

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

  6  Seal Program. Such facilities may demonstrate superior levels

  7  of performance with an alternate assessment as approved by the

  8  panel.

  9

10  A facility assigned a conditional licensure status may not

11  qualify for consideration for the Gold Seal Program until

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

13  II deficiencies and has completed a regularly scheduled

14  relicensure survey.

15         (9)  The agency may adopt rules as necessary to

16  administer this section.

17         Section 7.  Subsection (1) of section 400.962, Florida

18  Statutes, is amended to read:

19         400.962  License required; license application.--

20         (1)  It is unlawful to operate an intermediate care

21  facility for the developmentally disabled or a comprehensive

22  transitional educational program without a license.

23         Section 8.  Subsection (2) of section 397.405, Florida

24  Statutes, is amended to read:

25         397.405  Exemptions from licensure.--The following are

26  exempt from the licensing provisions of this chapter:

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

28  400.021(12)(11).

29         Section 9.  The Board of Pharmacy, in cooperation with

30  the Agency for Health Care Administration, shall undertake a

31  study of the feasibility, efficiency, cost-effectiveness, and

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  1  safety of using automated medication dispensing machines in

  2  nursing facilities. The board and the agency may authorize the

  3  establishment of demonstration projects in up to five nursing

  4  facilities with a class I institutional pharmacy as part of

  5  the study. Demonstration projects may be allowed to continue

  6  for up to 12 months. A report summarizing the results of the

  7  study shall be submitted by the board and the agency to the

  8  Speaker of the House of Representatives and the President of

  9  the Senate by January 1, 2001. If the study determines that

10  such dispensing machines would benefit residents of nursing

11  facilities and should be allowed, the report shall identify

12  those specific statutory changes necessary to allow nursing

13  facilities to use automated medication dispensing machines.

14         Section 10.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Modifies various provisions relating to nursing homes,
20    including provisions relating to consumer satisfaction
      surveys, resident discharge or transfer, consumer
21    information reporting, age-based standards of care for
      residents age 18 to 21 years, and designation under the
22    Gold Seal Program. Authorizes the Agency for Health Care
      Administration to adopt rules. Removes licensure
23    requirement under pt. XI of ch. 400, F.S., for
      comprehensive transitional education programs. Requires
24    the Board of Pharmacy and the agency to conduct a study
      relating to use of automated medication dispensing
25    machines in nursing facilities. Provides for
      demonstration projects and requires a report.
26

27

28

29

30

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