Senate Bill sb1252

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    Florida Senate - 2003                                  SB 1252

    By Senator Bennett





    21-946-03

  1                      A bill to be entitled

  2         An act relating to nursing homes; allowing

  3         nursing homes to convert beds to alternative

  4         uses as specified; providing restrictions on

  5         uses of funding under assisted-living Medicaid

  6         waivers; providing procedures; providing for

  7         the applicability of certain fire and

  8         life-safety codes; providing applicability of

  9         certain laws; requiring a nursing home to

10         submit a request to the Agency for Health Care

11         Administration; providing conditions for

12         disapproving such a request; providing for

13         periodic review; providing for retention of

14         nursing-home licensure for converted beds;

15         providing for reconversion of the beds;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Alternative uses of nursing home beds;

21  funding limitations; applicable codes and requirements;

22  procedures; reconversion.--

23         (1)  It is the intent of the Legislature to allow

24  nursing home facilities to use licensed nursing home facility

25  beds for alternative uses other than nursing home care for

26  extended periods of time exceeding 48 hours.

27         (2)  A nursing home may use a contiguous portion of the

28  nursing home facility to meet the needs of the elderly through

29  the use of less restrictive and less institutional methods of

30  long-term care, including, but not limited to, adult day care,

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    Florida Senate - 2003                                  SB 1252
    21-946-03




  1  assisted living, extended congregate care, or limited nursing

  2  services as defined in section 400.402, Florida Statutes.

  3         (3)  Funding under assisted living Medicaid waivers for

  4  nursing home facility beds that are used to provide extended

  5  congregate care or limited nursing services under this section

  6  may be provided only for residents who have resided in the

  7  nursing home facility for a minimum of 90 consecutive days.

  8         (4)  Nursing home facility beds that are used in

  9  providing alternative services may share common areas,

10  services, and staff with beds that are designated for nursing

11  home care. Fire codes and life safety codes applicable to

12  nursing home facilities also apply to beds used for

13  alternative purposes under this section. Any alternative use

14  must meet other requirements specified by law for that use.

15         (5)  In order to take beds out of service for nursing

16  home care and use them to provide alternative services under

17  this section, a nursing home must submit a request for

18  approval to the Agency for Health Care Administration. The

19  agency shall approve the request unless it determines that

20  such action will adversely affect access to nursing home care

21  in the geographical area in which the nursing home is located.

22  The agency shall review the request for alternative use at

23  each annual license renewal.

24         (6)  A nursing home facility that converts beds to an

25  alternative use under this section retains its license for all

26  of the nursing home facility beds and may return those beds to

27  nursing home operation upon notice to the agency.

28         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 1252
    21-946-03




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  2                          SENATE SUMMARY

  3    Allows nursing home facilities to convert beds to
      alternative uses that meet the needs of the elderly for
  4    other forms of long-term care. Provides restrictions on
      using funds under assisted-living Medicaid waivers.
  5    Allows beds used for alternative purposes to share common
      areas, services, and staff with other beds in the nursing
  6    home. Provides that fire codes and life-safety codes
      apply to converted beds. Provides that laws applicable to
  7    the respective alternative uses apply to the converted
      beds. Requires the nursing home to apply to the Agency
  8    for Health Care Administration for permission to convert.
      Requires the agency to approve except in specified
  9    circumstances. Provides for agency review of the
      conversion. Provides that a nursing home facility that
10    converts some of its beds retains a nursing home license
      for those beds and may return them to nursing-home
11    operation upon notice to the agency.

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CODING: Words stricken are deletions; words underlined are additions.