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CHAMBER ACTION |
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The Committee on Future of Florida's Families recommends the |
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following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to nursing home facilities; providing that |
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the Agency for Health Care Administration require nursing |
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homes to provide wage or benefit increases for certain |
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staff members; providing for computation of such |
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increases; providing exclusions; providing for monitoring |
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by the agency; providing exemptions; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. (1) The Agency for Health Care |
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Administration shall require that all nursing homes increase |
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wages or benefits, or a combination thereof, excluding bonuses, |
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by an amount computed by multiplying $1 by each hour worked by |
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all hourly staff. The provisions of this subsection do not |
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include those individuals specified in ss. 400.071(2)(b) and (d) |
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and 400.141(1)-(4), Florida Statutes. The hours worked by hourly |
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staff shall include hours worked by leased or similarly arranged |
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staff who provide the majority of hours worked at the facility. |
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The hours shall not include agency, temporary, pool, contracted, |
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or home office staff that are not regularly scheduled at the |
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facility.
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(2) The wage or benefit funds may be used to provide new |
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or improved benefits or to defray the costs to employees of |
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benefits, such as lower premiums for health insurance. Funds may |
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not be used to defray the increased costs to facilities of |
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existing benefits, such as premium increases paid by facilities |
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for health insurance.
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(3) The increase in wages or benefits, or a combination |
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thereof, shall be considered an allowable cost for Medicaid cost |
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report purposes, but shall not be subject to the interim rate |
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provisions of the Title XIX Long-Term Care Reimbursement Plan.
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(4) The agency shall develop systems for the application |
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and monitoring of the wage or benefit funds. The increase in |
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wages or benefits, or a combination thereof, shall be computed |
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by comparing the total of these wages and benefits to the total |
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wages and benefits paid during the period of July 1, 2002, |
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through June 30, 2003. The agency shall monitor future |
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compliance with this provision by a reconciliation of benefits |
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schedule to be submitted with all Medicaid cost reports ending |
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on or after July 31, 2003.
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(5) Nursing homes which, as of the effective date of this |
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act, offer to all staff members health insurance benefits that |
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cover employees and dependents with an employer contribution of |
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at least 80 percent of the total premium costs shall be exempt |
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from the provisions of this act. To qualify for this exemption, |
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nursing homes must continue to provide health insurance plans |
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that are substantially similar to the coverage in place on the |
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effective date of this act.
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(6) The increase in wages or benefits, or a combination |
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thereof, shall become effective July 1, 2003, and shall not be |
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rescinded at any time by the nursing home operator, a future |
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operator, a management company, or a staff leasing entity. This |
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section does not require wage or benefit increases in addition |
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to those that take effect on July 1, 2003.
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Section 2. This act shall take effect July 1, 2003. |
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