HB 1529 2003
   
1 CHAMBER ACTION
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6          The Committee on Future of Florida's Families recommends the
7    following:
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9          Committee Substitute
10          Remove the entire bill and insert:
11 A bill to be entitled
12          An act relating to nursing home facilities; providing that
13    the Agency for Health Care Administration require nursing
14    homes to provide wage or benefit increases for certain
15    staff members; providing for computation of such
16    increases; providing exclusions; providing for monitoring
17    by the agency; providing exemptions; providing an
18    effective date.
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20          Be It Enacted by the Legislature of the State of Florida:
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22          Section 1. (1) The Agency for Health Care
23    Administration shall require that all nursing homes increase
24    wages or benefits, or a combination thereof, excluding bonuses,
25    by an amount computed by multiplying $1 by each hour worked by
26    all hourly staff. The provisions of this subsection do not
27    include those individuals specified in ss. 400.071(2)(b) and (d)
28    and 400.141(1)-(4), Florida Statutes. The hours worked by hourly
29    staff shall include hours worked by leased or similarly arranged
30    staff who provide the majority of hours worked at the facility.
31    The hours shall not include agency, temporary, pool, contracted,
32    or home office staff that are not regularly scheduled at the
33    facility.
34          (2) The wage or benefit funds may be used to provide new
35    or improved benefits or to defray the costs to employees of
36    benefits, such as lower premiums for health insurance. Funds may
37    not be used to defray the increased costs to facilities of
38    existing benefits, such as premium increases paid by facilities
39    for health insurance.
40          (3) The increase in wages or benefits, or a combination
41    thereof, shall be considered an allowable cost for Medicaid cost
42    report purposes, but shall not be subject to the interim rate
43    provisions of the Title XIX Long-Term Care Reimbursement Plan.
44          (4) The agency shall develop systems for the application
45    and monitoring of the wage or benefit funds. The increase in
46    wages or benefits, or a combination thereof, shall be computed
47    by comparing the total of these wages and benefits to the total
48    wages and benefits paid during the period of July 1, 2002,
49    through June 30, 2003. The agency shall monitor future
50    compliance with this provision by a reconciliation of benefits
51    schedule to be submitted with all Medicaid cost reports ending
52    on or after July 31, 2003.
53          (5) Nursing homes which, as of the effective date of this
54    act, offer to all staff members health insurance benefits that
55    cover employees and dependents with an employer contribution of
56    at least 80 percent of the total premium costs shall be exempt
57    from the provisions of this act. To qualify for this exemption,
58    nursing homes must continue to provide health insurance plans
59    that are substantially similar to the coverage in place on the
60    effective date of this act.
61          (6) The increase in wages or benefits, or a combination
62    thereof, shall become effective July 1, 2003, and shall not be
63    rescinded at any time by the nursing home operator, a future
64    operator, a management company, or a staff leasing entity. This
65    section does not require wage or benefit increases in addition
66    to those that take effect on July 1, 2003.
67          Section 2. This act shall take effect July 1, 2003.
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