House Bill hb0781

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    Florida House of Representatives - 2002                 HB 781

        By Representatives Green and Waters






  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.

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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 House of Representatives - 2002                 HB 781

    705-161A-02






  1  department may adopt rules to implement the provisions of this

  2  subsection.

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

  4  paragraph (a) of subsection (2) of section 651.035, Florida

  5  Statutes, are amended to read:

  6         651.035  Minimum liquid reserve requirements.--

  7         (1)(a)  A provider shall maintain in escrow and as a

  8  minimum liquid reserve an amount equal to the aggregate amount

  9  of all principal and interest payments due during the fiscal

10  year on any mortgage loan or other long-term financing of the

11  facility, including taxes and insurance as recorded in the

12  audited financial statements required under s. 651.026.  The

13  amount shall include any leasehold payments and all costs

14  related to same.  If principal payments are not due during the

15  fiscal year, the provider shall maintain in escrow as a

16  minimum liquid reserve an amount equal to interest payments

17  due during the next 12 months on any mortgage loan or other

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

19  insurance. For the purpose of this paragraph, the amount held

20  in escrow and as a minimum liquid reserve for property

21  insurance shall not include premiums in excess of those paid

22  in calendar year 1999. For providers initially licensed during

23  or after calendar year 1999, the minimum liquid reserve for

24  property insurance shall not exceed the premium amount paid

25  during the first 12 months of facility operation. However,

26  beginning January 1, 2006, and each year thereafter until the

27  amount maintained in escrow attributable to property insurance

28  equals 100 percent of the premium, the provider shall increase

29  the amount maintained in escrow for property insurance by 10

30  percent of the premium paid that year.

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    Florida House of Representatives - 2002                 HB 781

    705-161A-02






  1         (2)(a)  Each provider shall maintain in escrow an

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

  3  total operating expenses projected in the feasibility study

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

  5  Thereafter, each provider shall maintain in escrow an

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

  7  total operating expenses in the annual report filed pursuant

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

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

10  be determined by averaging the total annual operating expenses

11  reported to the department by the number of annual reports

12  filed with the department within the immediate preceding

13  3-year period subject to adjustment in the event there is a

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

15  this subsection, total annual operating expenses shall include

16  all expenses of the facility except:  depreciation and

17  amortization; interest, insurance and taxes included in

18  subsection (1); extraordinary expenses which are adequately

19  explained and documented in accordance with generally accepted

20  accounting principles; liability and property insurance

21  premiums in excess of those paid in calendar year 1999; and

22  changes in the obligation to provide future services to

23  current residents. For providers initially licensed during or

24  after calendar year 1999, the minimum liquid reserve

25  attributable to liability insurance shall not exceed the

26  premium paid during the first 12 months of facility operation.

27  Beginning January 1, 1993, the operating reserves required

28  under this subsection shall be in an unencumbered account held

29  in escrow for the benefit of the residents.  Such funds may

30  not be encumbered or subject to any liens or charges by the

31  escrow agent or judgments, garnishments, or creditors' claims

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    Florida House of Representatives - 2002                 HB 781

    705-161A-02






  1  against the provider or facility.  However, if a facility had

  2  a lien, mortgage, trust indenture, or similar debt instrument

  3  in place prior to January 1, 1993, which encumbered all or any

  4  part of the reserves required by this subsection and such

  5  funds were used to meet the requirements of this subsection,

  6  then such arrangement may be continued, unless a refinancing

  7  or acquisition has occurred, and the provider shall be in

  8  compliance with this subsection.

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

10  Statutes, is amended to read:

11         651.118  Agency for Health Care Administration;

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

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

14  Administration to use a designated number of sheltered nursing

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

16  400.402 if the beds are in a distinct area of the nursing home

17  which can be adapted to meet the requirements for extended

18  congregate care. The provider may subsequently use such beds

19  as sheltered beds after notifying the agency of the intended

20  change. Any sheltered beds used to provide extended congregate

21  care pursuant to this subsection may share common areas,

22  services, and staff with beds designated for nursing home

23  care, provided that all of the beds are under common

24  ownership. For the purposes of this subsection, fire and life

25  safety codes applicable to nursing home facilities shall

26  apply.

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

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    Florida House of Representatives - 2002                 HB 781

    705-161A-02






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  2                          HOUSE SUMMARY

  3
      Authorizes the Department of Insurance, in administering
  4    provisions relating to continuing care contracts, to
      accept certain documents and information electronically
  5    or by facsimile. Revises criteria for determining the
      amounts a continuing care provider must maintain in
  6    escrow as minimum liquid reserves for property insurance
      during the first year of a facility's long-term financing
  7    and for operating expenses. Specifies conditions under
      which a provider's sheltered beds providing extended
  8    congregate care may share common areas, services, and
      staff with the provider's nursing home beds.
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