CODING: Words stricken are deletions; words underlined are additions.
c2180924
Senate
s1200-98
s1286
2002
AA
792028
Senator Brown-Waite moved the following amendment to
amendment (792028):
On page 79, between lines 14 and 15,
On page 85, line 26, after the semicolon,




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 180924

                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment to amendment

12  (792028):

13

14         Senate Amendment (with title amendment) 

15         On page 79, between lines 14 and 15,

16

17  insert:

18         Section 27.  Subsection (20) of section 400.141,

19  Florida Statutes, is amended to read:

20         400.141  Administration and management of nursing home

21  facilities.--Every licensed facility shall comply with all

22  applicable standards and rules of the agency and shall:

23         (20)  Maintain general and professional liability

24  insurance coverage that is in force at all times.

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26  Facilities that have been awarded a Gold Seal under the

27  program established in s. 400.235 may develop a plan to

28  provide certified nursing assistant training as prescribed by

29  federal regulations and state rules and may apply to the

30  agency for approval of their program.

31         Section 28.  Subsection (9) of section 400.147, Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 180924





  1  Statutes, is amended to read:

  2         400.147  Internal risk management and quality assurance

  3  program.--

  4         (9)  By the 10th of each month each facility subject to

  5  this section shall report monthly any notice received pursuant

  6  to s. 400.0233(2) and each initial complaint that was filed

  7  with the clerk of the court and served on the facility during

  8  the previous month by a resident, family member, guardian,

  9  conservator, or personal legal representative liability claim

10  filed against it. The report must include the name of the

11  resident, the date of birth, the Medicaid identification

12  number for persons eligible for Medicaid, the date or dates of

13  the incident leading to the claim, if applicable, the dates of

14  residency, and the type of injury or violation of rights

15  alleged to have occurred. Each facility shall also submit a

16  copy of the notices received pursuant to s. 400.0233(2) and

17  complaints filed with the clerk of the court. This report is

18  confidential as provided by law and is not discoverable or

19  admissible in any civil or administrative action, except in

20  such actions brought by the agency to enforce the provisions

21  of this part.

22         Section 29.  (1)  For the period beginning June 30,

23  2001, and ending June 30, 2005, the Agency for Health Care

24  Administration shall provide a report to the Governor, the

25  President of the Senate, and the Speaker of the House of

26  Representatives with respect to nursing homes. The first

27  report shall be submitted no later than December 30, 2002, and

28  every 6 months thereafter. The report shall identify:

29         (a)  Facilities based on their ownership

30  characteristics, size, business structure, for-profit or

31  not-for-profit status, and any other characteristics the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 180924





  1  agency determines useful in analyzing the varied segments of

  2  the nursing home industry;

  3         (b)  The number of Notices of Intent to Litigate

  4  received by each facility each month;

  5         (c)  The number of complaints on behalf of a resident

  6  or resident's legal representative which were filed with the

  7  clerk of the court each month;

  8         (d)  The month in which the injury that is the basis

  9  for the suit occurred or was discovered or, if unavailable,

10  the dates of residency of the resident involved, beginning

11  with the date of initial admission and the latest discharge

12  date; and

13         (e)  Information regarding deficiencies cited,

14  including information used to develop the Nursing Home Guide

15  pursuant to section 400.191, Florida Statutes, and applicable

16  rules; a summary of data generated on nursing homes by the

17  Centers for Medicare and Medicaid Services Nursing Home

18  Quality Information Project; and information collected

19  pursuant to section 400.147(9), Florida Statutes, relating to

20  litigation.

21         (2)  Facilities subject to this part must submit the

22  information necessary to compile this report each month on

23  existing forms, as modified, and provided by the agency.

24         (3)  The agency shall delineate the available

25  information on a monthly basis.

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27  (Redesignate subsequent sections.)

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 180924





  1         On page 85, line 26, after the semicolon,

  2

  3  insert:

  4         amending s. 400.141, F.S.; revising

  5         requirements for licensed facilities; amending

  6         s. 400.147, F.S.; revising reporting

  7         requirements; requiring the Agency for Health

  8         Care Administration to report to the Governor

  9         and the Legislature concerning nursing homes;

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