Senate Bill sb1246c1

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    Florida Senate - 2002                           CS for SB 1246

    By the Committee on Banking and Insurance; and Senator
    Saunders




    311-1895-02

  1                      A bill to be entitled

  2         An act relating to continuing care retirement

  3         communities; amending s. 651.015, F.S.;

  4         authorizing the Department of Insurance to

  5         accept certain documents and information

  6         relating to continuing care contracts

  7         electronically or by facsimile; authorizing the

  8         department to adopt rules; amending s. 651.035,

  9         F.S.; revising minimum liquid reserve

10         requirements for continuing care providers;

11         amending s. 651.118, F.S.; authorizing certain

12         sharing of facilities and services between

13         sheltered beds used for extended congregate

14         care and nursing home beds in a continuing care

15         facility; providing an effective date.

16

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

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19         Section 1.  Subsection (1) of section 651.015, Florida

20  Statutes, is amended to read:

21         651.015  Administration; forms; fees; rules;

22  fines.--The administration of this chapter is vested in the

23  department, which shall:

24         (1)  Prepare and furnish all forms necessary under the

25  provisions of this chapter in relation to applications for

26  provisional certificates of authority, certificates of

27  authority or renewals thereof, statements, examinations, and

28  other required reports. The department is authorized to accept

29  any application statement, report, or information submitted

30  electronically or by facsimile to comply with requirements in

31  this chapter or rules adopted under this section. The

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    Florida Senate - 2002                           CS for SB 1246
    311-1895-02




  1  department may adopt rules to implement the provisions of this

  2  subsection.

  3         Section 2.  Paragraph (a) of subsection (1) and

  4  subsection (2) of section 651.035, Florida Statutes, are

  5  amended to read:

  6         651.035  Minimum liquid reserve requirements.--

  7         (1)  A provider shall maintain in escrow a minimum

  8  liquid reserve consisting of the applicable reserves specified

  9  in subsection (2).

10         (2)(1)(a)  A provider shall maintain in escrow under a

11  debt service and as a minimum liquid reserve an amount equal

12  to the aggregate amount of all principal and interest payments

13  due during the fiscal year on any mortgage loan or other

14  long-term financing of the facility, including taxes and

15  insurance as recorded in the audited financial statements

16  required under s. 651.026.  The amount shall include any

17  leasehold payments and all costs related to same.  If

18  principal payments are not due during the fiscal year, the

19  provider shall maintain in escrow as a minimum liquid reserve

20  an amount equal to interest payments due during the next 12

21  months on any mortgage loan or other long-term financing of

22  the facility, including taxes and insurance. For the purpose

23  of this paragraph, the amount of property insurance premiums

24  used in calculating the debt service reserve shall not exceed

25  the amount paid in calendar year 1999. For providers initially

26  licensed during or after calendar year 1999, the amount of

27  property insurance premiums used in calculating the debt

28  service reserve shall not exceed the amount paid during the

29  first 12 months of facility operation. However, beginning

30  January 1, 2006, and each year thereafter, until the amount

31  maintained in escrow attributable to property insurance equals

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    Florida Senate - 2002                           CS for SB 1246
    311-1895-02




  1  100 percent of the premium, the provider shall increase the

  2  amount maintained in escrow for property insurance by 10

  3  percent of the premium paid that year.

  4         (b)  A provider which has outstanding indebtedness

  5  which requires what is normally referred to as a "debt service

  6  reserve" to be held in escrow pursuant to a trust indenture or

  7  mortgage lien on the facility and for which the debt service

  8  reserve may only be used to pay principal and interest

  9  payments on the debt which the debtor is obligated to pay, and

10  which may include taxes and insurance, may include such debt

11  service reserve in its computation of its minimum liquid

12  reserve to satisfy this subsection, provided that the provider

13  furnishes to the Department of Insurance a copy of the

14  agreement under which such debt service is held, together with

15  a statement of the amount being held in escrow for the debt

16  service reserve, certified by the lender or trustee and the

17  provider to be correct.  The trustee shall provide the

18  department with any information concerning the debt service

19  reserve account upon request of the provider or the

20  department.

21         (c)(2)(a)  Each provider shall maintain in escrow an

22  operating reserve in an amount equal to 30 percent of the

23  total operating expenses projected in the feasibility study

24  required by s. 651.023 for the first 12 months of operation.

25  Thereafter, each provider shall maintain in escrow an

26  operating reserve in an amount equal to 15 percent of the

27  total operating expenses in the annual report filed pursuant

28  to s. 651.026.  Where a provider has been in operation for

29  more than 12 months, the total annual operating expenses shall

30  be determined by averaging the total annual operating expenses

31  reported to the department by the number of annual reports

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    Florida Senate - 2002                           CS for SB 1246
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  1  filed with the department within the immediate preceding

  2  3-year period subject to adjustment in the event there is a

  3  change in the number of facilities owned.  For purposes of

  4  this subsection, total annual operating expenses shall include

  5  all expenses of the facility except:  depreciation and

  6  amortization; interest, insurance and taxes included in

  7  subsection (1); extraordinary expenses which are adequately

  8  explained and documented in accordance with generally accepted

  9  accounting principles; liability insurance premiums in excess

10  of those paid in calendar year 1999; and changes in the

11  obligation to provide future services to current residents.

12  For providers initially licensed during or after calendar year

13  1999, liability insurance shall be included in the total

14  operating expenses in an amount not to exceed the premium paid

15  during the first 12 months of facility operation. Beginning

16  January 1, 1993, the operating reserves required under this

17  subsection shall be in an unencumbered account held in escrow

18  for the benefit of the residents.  Such funds may not be

19  encumbered or subject to any liens or charges by the escrow

20  agent or judgments, garnishments, or creditors' claims against

21  the provider or facility.  However, if a facility had a lien,

22  mortgage, trust indenture, or similar debt instrument in place

23  prior to January 1, 1993, which encumbered all or any part of

24  the reserves required by this subsection and such funds were

25  used to meet the requirements of this subsection, then such

26  arrangement may be continued, unless a refinancing or

27  acquisition has occurred, and the provider shall be in

28  compliance with this subsection.

29         (d)(b)  Each provider shall maintain in escrow a

30  renewal and replacement reserve in an amount equal to 15

31  percent of the total accumulated depreciation based on the

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    Florida Senate - 2002                           CS for SB 1246
    311-1895-02




  1  audited financial statement required to be filed pursuant to

  2  s. 651.026, not to exceed 15 percent of the facility's average

  3  operating expenses for the past 3 fiscal years based on the

  4  audited financial statements for each of such years.  For a

  5  provider who is an operator of a facility but is not the owner

  6  and depreciation is not included as part of the provider's

  7  financial statement, the renewal and replacement reserve

  8  required by this paragraph shall equal 15 percent of the total

  9  operating expenses of the provider, as described in this

10  section.  Each provider licensed prior to October 1, 1983,

11  shall be required to fully fund the renewal and replacement

12  reserve by October 1, 2003, by multiplying the difference

13  between the former escrow requirement and the present escrow

14  requirement by the number of years the facility has been in

15  operation after October 1, 1983.

16         Section 3.  Subsection (8) of section 651.118, Florida

17  Statutes, is amended, and subsection (13) is added to that

18  section, to read:

19         651.118  Agency for Health Care Administration;

20  certificates of need; sheltered beds; community beds.--

21         (8)  A provider may petition the Agency for Health Care

22  Administration to use a designated number of sheltered nursing

23  home beds to provide extended congregate care as defined in s.

24  400.402 if the beds are in a distinct area of the nursing home

25  which can be adapted to meet the requirements for extended

26  congregate care. The provider may subsequently use such beds

27  as sheltered beds after notifying the agency of the intended

28  change. Any sheltered beds used to provide extended congregate

29  care pursuant to this subsection may not qualify for funding

30  under the Medicaid waiver. Any sheltered beds used to provide

31  extended congregate care pursuant to this subsection may share

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    Florida Senate - 2002                           CS for SB 1246
    311-1895-02




  1  common areas, services, and staff with beds designated for

  2  nursing home care, provided that all of the beds are under

  3  common ownership. For the purposes of this subsection, fire

  4  and life safety codes applicable to nursing home facilities

  5  shall apply.

  6         (13)  Residents, as defined in this chapter, are not

  7  considered new admissions for the purpose of s.

  8  400.141(15)(d).

  9         Section 4.  This act shall take effect July 1, 2002.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 1246

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14  Specifies that Continuing Care Retirement Communities (CCRCs)
    utilizing sheltered beds used to provide extended congregate
15  care would not be allowed to qualify for funding under the
    Medicaid waiver program.
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    Residents of a CCRC would not be considered "new admissions"
17  when they enter the CCRCs nursing facility for purposes of
    section 400.141(15)(d), F.S., which provides for a
18  self-imposed moratorium for nursing homes that have failed to
    meet the minimum staffing standards for 2 consecutive days.
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