CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 412
Amendment No. ___ Barcode 960896
CHAMBER ACTION
Senate House
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11 Senator Brown-Waite moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 11,
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16 insert:
17 Section 1. Subsection (20) of section 400.141, Florida
18 Statutes, is amended to read:
19 400.141 Administration and management of nursing home
20 facilities.--Every licensed facility shall comply with all
21 applicable standards and rules of the agency and shall:
22 (20) Maintain general and professional liability
23 insurance coverage that is in force at all times.
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25 Facilities that have been awarded a Gold Seal under the
26 program established in s. 400.235 may develop a plan to
27 provide certified nursing assistant training as prescribed by
28 federal regulations and state rules and may apply to the
29 agency for approval of their program.
30 Section 2. Subsection (9) of section 400.147, Florida
31 Statutes, is amended to read:
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Bill No. SB 412
Amendment No. ___ Barcode 960896
1 400.147 Internal risk management and quality assurance
2 program.--
3 (9) By the 10th of each month each facility subject to
4 this section shall report monthly any notice received pursuant
5 to s. 400.0233(2) and each initial complaint that was filed
6 with the clerk of the court and served on the facility during
7 the previous month by a resident, family member, guardian,
8 conservator, or personal legal representative liability claim
9 filed against it. The report must include the name of the
10 resident, the date of birth, the Medicaid identification
11 number for persons eligible for Medicaid, the date or dates of
12 the incident leading to the claim, if applicable, the dates of
13 residency, and the type of injury or violation of rights
14 alleged to have occurred. Each facility shall also submit a
15 copy of the notices received pursuant to s. 400.0233(2) and
16 complaints filed with the clerk of the court. This report is
17 confidential as provided by law and is not discoverable or
18 admissible in any civil or administrative action, except in
19 such actions brought by the agency to enforce the provisions
20 of this part.
21 Section 3. (1) For the period beginning June 30,
22 2001, and ending June 30, 2005, the Agency for Health Care
23 Administration shall provide a report to the Governor, the
24 President of the Senate, and the Speaker of the House of
25 Representatives with respect to nursing homes. The first
26 report shall be submitted no later than December 30, 2002, and
27 every 6 months thereafter. The report shall identify:
28 (a) Facilities based on their ownership
29 characteristics, size, business structure, for-profit or
30 not-for-profit status, and any other characteristics the
31 agency determines useful in analyzing the varied segments of
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Bill No. SB 412
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1 the nursing home industry;
2 (b) The number of Notices of Intent to Litigate
3 received by each facility each month;
4 (c) The number of complaints on behalf of a resident
5 or resident's legal representative which were filed with the
6 clerk of the court each month;
7 (d) The month in which the injury that is the basis
8 for the suit occurred or was discovered or, if unavailable,
9 the dates of residency of the resident involved, beginning
10 with the date of initial admission and the latest discharge
11 date; and
12 (e) Information regarding deficiencies cited,
13 including information used to develop the Nursing Home Guide
14 pursuant to section 400.191, Florida Statutes, and applicable
15 rules; a summary of data generated on nursing homes by the
16 Centers for Medicare and Medicaid Services Nursing Home
17 Quality Information Project; and information collected
18 pursuant to section 400.147(9), Florida Statutes, relating to
19 litigation.
20 (2) Facilities subject to this part must submit the
21 information necessary to compile this report each month on
22 existing forms, as modified, and provided by the agency.
23 (3) The agency shall delineate the available
24 information on a monthly basis.
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26 (Redesignate subsequent sections.)
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30 And the title is amended as follows:
31 On page 1, lines 2 and 3, delete those lines
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SENATE AMENDMENT
Bill No. SB 412
Amendment No. ___ Barcode 960896
1 and insert:
2 An act relating to nursing home facilities;
3 amending s. 400.141, F.S.; revising
4 requirements for licensed facilities; amending
5 s. 400.147, F.S.; revising reporting
6 requirements; requiring the Agency for Health
7 Care Administration to report to the Governor
8 and the Legislature concerning nursing homes;
9 creating s. 641.64, F.S.; providing
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