SENATE AMENDMENT
Bill No. CS/HB 913, 2nd Eng.
Amendment No. ___ Barcode 514926
CHAMBER ACTION
Senate House
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11 Senator Brown-Waite moved the following amendment to amendment
12 (732346):
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14 Senate Amendment (with title amendment)
15 On page 82, between lines 13 and 14,
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17 insert:
18 Section 34. 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 35. Subsection (9) of section 400.147, Florida
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SENATE AMENDMENT
Bill No. CS/HB 913, 2nd Eng.
Amendment No. ___ Barcode 514926
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 36. (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/HB 913, 2nd Eng.
Amendment No. ___ Barcode 514926
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/HB 913, 2nd Eng.
Amendment No. ___ Barcode 514926
1 On page 89, line 12, after the semicolon,
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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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