SENATE AMENDMENT

    Bill No. CS for SB 276, 1st Eng.

    Amendment No. ___   Barcode 290482

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11  Senator Crist moved the following amendment:

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13         Senate Amendment 

14         On page 5, line 9, through

15            page 6, line 19, delete those lines

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17  and insert:

18         (1)  The facility is not subject to the provisions of

19  42 U.S.C. s. 1320a-7b;

20         (2)  Payment to the contract provider is made under a

21  nonexclusive contract;

22         (3)  The contract provider represents multiple

23  facilities with different owners;, provided

24         (4)  The employee or contract provider clearly

25  indicates to all clients prior to referral that he or she

26  represents and is being compensated by the facility, in

27  addition to all other facilities represented by the person or

28  agency;

29         5.  The employee or contract provider:

30         a.  Is not a health care practitioner or employee,

31  vendor, or other contract provider of a health care facility

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    10:29 AM   03/07/02                             s0276c1b-13j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 276, 1st Eng.

    Amendment No. ___   Barcode 290482





  1  in a position to make referrals to an assisted living

  2  facility;

  3         b.  Is not employed by a health care facility, social

  4  service agency, or any other organization in a position to

  5  make referrals to an assisted living facility;

  6         c.  Does not have an ownership interest in an assisted

  7  living facility and is not related to a person with an

  8  ownership interest in an assisted living facility;

  9         d.  Does not contract with or pay a health care

10  facility, its employees, vendors, or other contract providers

11  for access to internal or external processes for discharge of

12  disabled persons over the age of 18 or frail and elderly

13  persons to assisted living facilities;

14         e.  Cannot offer the client or referral any money or

15  gift of value as an enticement for services;

16         6.  A level 2 background screening must be conducted

17  for the contract provider or related employees for the

18  purposes of conducting screening under chapter 435;

19         7.  Referral is made to a licensed facility;

20         8.  The contract does not require the facility or the

21  individual being referred to use any other services affiliated

22  with or owned in whole or in part by the contract provider;

23         9.  The person referred remains a resident of the

24  facility for at least 90 days.

25         (b)  As used in this section, the term:

26         1.  "Facility" means an assisted living facility, as

27  defined in s. 400.402, which is not part of a continuing care

28  facility licensed under chapter 651;

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