House Bill hb1353

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    Florida House of Representatives - 2001                HB 1353

        By Representative Kosmas






  1                      A bill to be entitled

  2         An act relating to nursing homes; amending s.

  3         400.021, F.S.; defining "isolated deficiency";

  4         amending s. 400.102, F.S.; providing additional

  5         grounds for action by the agency against a

  6         licensee; amending s. 400.23, F.S.; specifying

  7         minimum staffing requirements for nursing

  8         homes; requiring documentation and daily

  9         posting of staff on duty; revising provisions

10         relating to classification of deficient

11         practices; revising penalties; providing

12         penalties for isolated deficiencies; amending

13         s. 397.405, F.S.; correcting a cross reference;

14         providing an effective date.

15

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

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18         Section 1.  Subsections (10) through (18) of section

19  400.021, Florida Statutes, are renumbered as subsections (11)

20  through (19), respectively, and a new subsection (10) 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         (10)  "Isolated deficiency" means a deficiency

25  affecting one or a very limited number of residents, involving

26  one or a very limited number of staff, or related to a

27  situation that occurred only occasionally or in a very limited

28  number of locations.

29         Section 2.  Section 400.102, Florida Statutes, is

30  amended to read:

31         400.102  Action by agency against licensee; grounds.--

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    Florida House of Representatives - 2001                HB 1353

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  1         (1)  Any of the following conditions shall be grounds

  2  for action by the agency against a licensee:

  3         (a)  An intentional or negligent act materially

  4  affecting the health or safety of residents of the facility;

  5         (b)  Misappropriation or conversion of the property of

  6  a resident of the facility;

  7         (c)  Failure to follow the criteria and procedures

  8  provided under part I of chapter 394 relating to the

  9  transportation, voluntary admission, and involuntary

10  examination of a nursing home resident;

11         (d)  Violation of provisions of this part or rules

12  adopted under this part; or

13         (e)  Any act constituting a ground upon which

14  application for a license may be denied;.

15         (f)  A demonstrated pattern of deficient practices;

16         (g)  Failure to pay any outstanding fines assessed by

17  final agency order or fines assessed by the Health Care

18  Financing Administration pursuant to requirements for federal

19  Medicare certification; or

20         (h)  Exclusion from the Medicare or Medicaid programs.

21         (2)  If the agency has reasonable belief that any of

22  such conditions exist, it shall take the following action:

23         (a)  In the case of an applicant for original

24  licensure, denial action as provided in s. 400.121.

25         (b)  In the case of an applicant for relicensure or a

26  current licensee, administrative action as provided in s.

27  400.121 or injunctive action as authorized by s. 400.125.

28         (c)  In the case of a facility operating without a

29  license, injunctive action as authorized in s. 400.125.

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    Florida House of Representatives - 2001                HB 1353

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  1         Section 3.  Paragraph (a) of subsection (3) and

  2  subsection (8) of section 400.23, Florida Statutes, are

  3  amended to read:

  4         400.23  Rules; evaluation and deficiencies; licensure

  5  status.--

  6         (3)(a)  The agency shall adopt rules providing for the

  7  minimum staffing requirements for nursing homes. These

  8  requirements shall include, for each nursing home facility, a

  9  minimum certified nursing assistant staffing of 3.0 hours per

10  resident per day, with no single shift having less than one

11  certified nursing assistant per 20 residents, and a minimum

12  licensed nursing staffing of 1 hour per resident per day, with

13  no single shift having less than one licensed nurse per 40

14  residents. Each nursing home shall document including evening

15  and night shifts and weekends. Agency rules shall specify

16  requirements for documentation of compliance with staffing

17  standards and post daily, sanctions for violation of such

18  standards, and requirements for daily posting of the names of

19  staff on duty for the benefit of facility residents and the

20  public. The agency shall recognize the use of licensed nurses

21  for compliance with minimum staffing requirements for

22  certified nursing assistants, provided that the facility

23  otherwise meets the minimum staffing requirements for licensed

24  nurses and that the licensed nurses so recognized are

25  performing the duties of a certified nursing assistant. Unless

26  otherwise approved by the agency, licensed nurses counted

27  towards the minimum staffing requirements for certified

28  nursing assistants must exclusively perform the duties of a

29  certified nursing assistant for the entire shift and shall not

30  also be counted towards the minimum staffing requirements for

31  licensed nurses. If the agency approved a facility's request

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    Florida House of Representatives - 2001                HB 1353

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  1  to use a licensed nurse to perform both licensed nursing and

  2  certified nursing assistant duties, the facility must allocate

  3  the amount of staff time specifically spent on certified

  4  nursing assistant duties for the purpose of documenting

  5  compliance with minimum staffing requirements for certified

  6  and licensed nursing staff. In no event may the hours of a

  7  licensed nurse with dual job responsibilities be counted

  8  twice.

  9         (8)  The agency shall adopt rules to provide that, when

10  the criteria established under subsection (2) are not met,

11  such deficiencies, including past deficient practices

12  identified after the facility has taken corrective action,

13  shall be classified according to the nature of the deficiency.

14  The agency shall indicate the classification on the face of

15  the notice of deficiencies as follows:

16         (a)  Class I deficiencies are those which the agency

17  determines present immediate jeopardy to resident health or

18  safety an imminent danger to the residents or guests of the

19  nursing home facility or a substantial probability that death

20  or serious physical harm would result therefrom.  The

21  condition or practice constituting a class I violation shall

22  be abated or eliminated immediately, unless a fixed period of

23  time, as determined by the agency, is required for correction.

24  Notwithstanding s. 400.121(2), A class I deficiency is subject

25  to a civil penalty of $20,000 in an amount not less than

26  $5,000 and not exceeding $25,000 for each and every

27  deficiency. However, if the class I deficiency is an isolated

28  deficiency, the penalty shall be $10,000. A fine shall may be

29  levied notwithstanding the correction of the deficiency.

30         (b)  Class II deficiencies are those which the agency

31  determines to involve actual harm, with potential for more

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  1  than minimal harm that is not immediate jeopardy.

  2  Notwithstanding s. 400.121(2), have a direct or immediate

  3  relationship to the health, safety, or security of the nursing

  4  home facility residents, other than class I deficiencies. a

  5  class II deficiency is subject to a civil penalty of $5,000 in

  6  an amount not less than $1,000 and not exceeding $10,000 for

  7  each and every deficiency. However, if the class II deficiency

  8  is an isolated deficiency, the penalty shall be $2,500. A

  9  citation for a class II deficiency shall specify the time

10  within which the deficiency is required to be corrected.  If a

11  class II deficiency is corrected within the time specified, no

12  civil penalty shall be imposed, unless it is a repeated

13  offense.

14         (c)  Class III deficiencies are those which the agency

15  determines to involve no actual harm, with potential for more

16  than minimal harm that is not immediate jeopardy have an

17  indirect or potential relationship to the health, safety, or

18  security of the nursing home facility residents, other than

19  class I or class II deficiencies.  A class III deficiency

20  shall be subject to a civil penalty of $2,000 not less than

21  $500 and not exceeding $2,500 for each and every deficiency.

22  However, if the class III deficiency is an isolated

23  deficiency, the penalty shall be $1,000. A citation for a

24  class III deficiency shall specify the time within which the

25  deficiency is required to be corrected.  If a class III

26  deficiency is corrected within the time specified, no civil

27  penalty shall be imposed, unless it is a repeated offense.

28         (d)  Class IV deficiencies are those which the agency

29  determines to involve no actual harm, with potential for only

30  minimal harm. If the class IV deficiency is isolated, no plan

31  of correction is required.

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    Florida House of Representatives - 2001                HB 1353

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

  2  Statutes, is amended to read:

  3         397.405  Exemptions from licensure.--The following are

  4  exempt from the licensing provisions of this chapter:

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

  6  400.021(13)(12).

  7

  8  The exemptions from licensure in this section do not apply to

  9  any facility or entity which receives an appropriation, grant,

10  or contract from the state to operate as a service provider as

11  defined in this chapter or to any substance abuse program

12  regulated pursuant to s. 397.406.  No provision of this

13  chapter shall be construed to limit the practice of a

14  physician licensed under chapter 458 or chapter 459, a

15  psychologist licensed under chapter 490, or a psychotherapist

16  licensed under chapter 491, providing outpatient or inpatient

17  substance abuse treatment to a voluntary patient, so long as

18  the physician, psychologist, or psychotherapist does not

19  represent to the public that he or she is a licensed service

20  provider under this act. Failure to comply with any

21  requirement necessary to maintain an exempt status under this

22  section is a misdemeanor of the first degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         Section 5.  This act shall take effect July 1, 2001.

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    Florida House of Representatives - 2001                HB 1353

    582-128B-01






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  2                          HOUSE SUMMARY

  3
      Defines "isolated deficiency" for purposes of
  4    classification of deficient practices in nursing homes.
      Authorizes the Agency for Health Care Administration to
  5    take action against a nursing home for a pattern of
      deficient practices, failure to pay certain outstanding
  6    fines, or exclusion from the Medicare or Medicaid
      programs. Specifies per hour and per resident minimum
  7    certified nursing assistant and licensed nursing staffing
      requirements. Requires each nursing home to document and
  8    daily post the names of staff on duty. Revises
      descriptions of classes of deficient practices and
  9    penalties therefor. Provides reduced penalties for
      isolated deficiencies.
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