Senate Bill sb2150c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 2150

    By the Committee on Health, Aging, and Long-Term Care; and
    Senators Atwater, Lynn and Klein




    317-2132-03

  1                      A bill to be entitled

  2         An act relating to nursing homes; amending s.

  3         400.021, F.S.; amending the definition of the

  4         term "resident care plan" as used in part II of

  5         ch. 400, F.S.; amending s. 400.111, F.S.;

  6         requiring the Agency for Health Care

  7         Administration to give notice, as specified, of

  8         the necessity to renew a license; amending s.

  9         400.141, F.S.; amending prerequisites to shared

10         staffing; providing for rulemaking; amending

11         provisions that specify deficiencies in

12         staffing which trigger an admissions

13         moratorium; amending s. 400.23, F.S.; amending

14         provisions relating to minimum staffing

15         requirements; providing exceptions for a state

16         of emergency declared by the Governor or his

17         designee; amending s. 400.235, F.S.; amending

18         provisions describing the financial soundness

19         and stability that constitutes a prerequisite

20         to recognition as a Gold Seal Program;

21         providing an effective date.

22  

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

24  

25         Section 1.  Subsection (17) of section 400.021, Florida

26  Statutes, is amended to read:

27         400.021  Definitions.--When used in this part, unless

28  the context otherwise requires, the term:

29         (17)  "Resident care plan" means a written plan

30  developed, maintained, and reviewed not less than quarterly by

31  a registered nurse, with participation from other facility

                                  1

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  staff and the resident or his or her designee or legal

 2  representative, which includes a comprehensive assessment of

 3  the needs of an individual resident; the type and frequency of

 4  services required to provide the necessary care for the

 5  resident to attain or maintain the highest practicable

 6  physical, mental, and psychosocial well-being; a listing of

 7  services provided within or outside the facility to meet those

 8  needs; and an explanation of service goals. The resident care

 9  plan must be signed by the director of nursing, or another

10  registered nurse employed by the facility to whom

11  institutional responsibilities have been delegated, and by the

12  resident, the residents' designee, or the resident's legal

13  representative.

14         Section 2.  Subsection (1) of section 400.111, Florida

15  Statutes, is amended to read:

16         400.111  Expiration of license; renewal.--

17         (1)  A license issued for the operation of a facility,

18  unless sooner suspended or revoked, shall expire on the date

19  set forth by the agency on the face of the license or 1 year

20  from the date of issuance, whichever occurs first. The agency

21  shall notify the facility by regular mail or electronically at

22  least 120 days before the license expires that a renewal

23  license is necessary to continue operating. Ninety days prior

24  to the expiration date, an application for renewal shall be

25  submitted to the agency.  A license shall be renewed upon the

26  filing of an application on forms furnished by the agency if

27  the applicant has first met the requirements established under

28  this part and all rules adopted under this part.  The failure

29  to file an application within the period established in this

30  subsection shall result in a late fee charged to the licensee

31  by the agency in an amount equal to 50 percent of the fee in

                                  2

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  effect on the last preceding regular renewal date.  A late fee

 2  shall be levied for each and every day the filing of the

 3  license application is delayed, but in no event shall such

 4  fine aggregate more than $5,000.  If an application is

 5  received after the required filing date and exhibits a

 6  hand-canceled postmark obtained from a United States Post

 7  Office dated on or before the required filing date, no fine

 8  will be levied.

 9         Section 3.  Subsection (7) and paragraph (d) of

10  subsection (15) of section 400.141, Florida Statutes, are

11  amended to read:

12         400.141  Administration and management of nursing home

13  facilities.--Every licensed facility shall comply with all

14  applicable standards and rules of the agency and shall:

15         (7)  If the facility has a standard license licensure

16  status or is a Gold Seal facility, exceeds minimum required

17  hours of licensed nursing and certified nursing assistant

18  direct care per resident per day staffing standards, and is

19  part of a continuing care facility licensed under chapter 651

20  or a retirement community that offers other services pursuant

21  to part III, part IV, or part V on a single campus, be allowed

22  to share programming and staff.  At the time of inspection and

23  in the semiannual report required under subsection (15)

24  relicensure, a continuing care facility or retirement

25  community that uses this option must demonstrate through

26  staffing records that minimum staffing requirements for the

27  facility were met exceeded. Licensed nurses and certified

28  nursing assistants who work in the nursing home facility may

29  be used to provide services elsewhere on campus if the

30  facility exceeds the minimum number of direct care hours

31  required per resident per day and the total number of

                                  3

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  residents receiving direct care services from a licensed nurse

 2  or a certified nursing assistant never causes the facility to

 3  violate the staffing ratios required in s. 400.23(3)(a).

 4  Compliance with the minimum staffing ratios shall be based on

 5  total number of residents receiving direct care services

 6  regardless of where they reside on campus. If the facility

 7  receives a conditional license, it may not share staff until

 8  the conditional license status ends. This subsection does not

 9  restrict the agency's authority under federal or state law to

10  require additional staff if a facility is cited for

11  deficiencies in care which are caused by an insufficient

12  number of certified nursing assistants or licensed nurses. The

13  agency may establish rules for the documentation necessary to

14  determine compliance with this provision.

15         (15)  Submit semiannually to the agency, or more

16  frequently if requested by the agency, information regarding

17  facility staff-to-resident ratios, staff turnover, and staff

18  stability, including information regarding certified nursing

19  assistants, licensed nurses, the director of nursing, and the

20  facility administrator. For purposes of this reporting:

21         (d)  A nursing facility that has failed to comply with

22  state minimum staffing requirements of s. 400.23(3)(a)1.b. or

23  s. 400.23(3)(a)1.d. for 2 consecutive days is prohibited from

24  accepting new admissions until the facility has achieved the

25  minimum staffing requirements of s. 400.23(3)(a)1.b. and 1.d.

26  for a period of 6 consecutive days. For the purposes of this

27  paragraph, any person who was a resident of the facility and

28  was absent from the facility for the purpose of receiving

29  medical care at a separate location or was on a leave of

30  absence is not considered a new admission. Failure to impose

31  

                                  4

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  such an admissions moratorium constitutes a class II

 2  deficiency.

 3  

 4  Facilities that have been awarded a Gold Seal under the

 5  program established in s. 400.235 may develop a plan to

 6  provide certified nursing assistant training as prescribed by

 7  federal regulations and state rules and may apply to the

 8  agency for approval of their program.

 9         Section 4.  Paragraph (a) of subsection (3) of section

10  400.23, Florida Statutes, is amended to read:

11         400.23  Rules; evaluation and deficiencies; licensure

12  status.--

13         (3)(a)1.  The agency shall adopt rules providing for

14  the minimum staffing requirements for nursing homes. These

15  requirements shall include, for each nursing home facility:,

16         a.  A weekly average minimum certified nursing

17  assistant staffing of 2.3 hours of direct care per resident

18  per day beginning January 1, 2002, increasing to 2.6 hours of

19  direct care per resident per day beginning January 1, 2003,

20  and increasing to 2.9 hours of direct care per resident per

21  day beginning January 1, 2004. For the purpose of this

22  subsection, a week is defined as Sunday through Saturday.

23         b.  A daily average certified nursing assistant

24  staffing that is at least 95 percent of the required weekly

25  average under sub-subparagraph a., and at least 0.4 hours of

26  the required certified nursing assistant direct care per

27  resident must be maintained during the hours between 11 p.m.

28  and 7 a.m., but at least one certified nursing assistant must

29  be on duty at all times.

30         c.  Beginning January 1, 2002, a weekly average no

31  facility shall staff below one certified nursing assistant per

                                  5

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  20 residents, and a minimum licensed nursing staffing of 1.0

 2  hour of direct resident care per resident per day but never

 3  below one licensed nurse per 40 residents.

 4         d.  A daily average licensed nursing staffing that is

 5  at least 95 percent of the required weekly average under

 6  sub-subparagraph c., and at least 0.2 hours of required

 7  licensed nursing direct care per resident must be maintained

 8  during the hours between 11 p.m. and 7 a.m., but at least one

 9  licensed nurse must be on duty at all times.

10         2.  Nursing assistants employed under s. 400.211(2) may

11  be included in computing the staffing ratio for certified

12  nursing assistants only if they provide nursing assistance

13  services to residents on a full-time basis.

14         3.  Each nursing home must document compliance with

15  staffing standards as required under this paragraph and post

16  daily the names of staff on duty for the benefit of facility

17  residents and the public.

18         4.  The agency may not cite a nursing home facility for

19  noncompliance with the minimum staffing requirements if the

20  noncompliance occurred during a state of emergency declared by

21  the Governor or his designee pursuant to s. 252.36 and the

22  facility is located in an affected geographic area.

23         5.  The agency shall recognize the use of licensed

24  nurses for compliance with minimum staffing requirements for

25  certified nursing assistants, provided that the facility

26  otherwise meets the minimum staffing requirements for licensed

27  nurses and that the licensed nurses so recognized are

28  performing the duties of a certified nursing assistant. Unless

29  otherwise approved by the agency, licensed nurses counted

30  towards the minimum staffing requirements for certified

31  nursing assistants must exclusively perform the duties of a

                                  6

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  certified nursing assistant for the entire shift and shall not

 2  also be counted towards the minimum staffing requirements for

 3  licensed nurses. If a nursing home facility uses the agency

 4  approved a facility's request to use a licensed nurse to

 5  perform both licensed nursing and certified nursing assistant

 6  duties, the facility must allocate the amount of staff time

 7  specifically spent on certified nursing assistant duties for

 8  the purpose of documenting compliance with minimum staffing

 9  requirements for certified and licensed nursing staff. In no

10  event may The hours of a licensed nurse may not with dual job

11  responsibilities be counted twice.

12         6.  For each nursing home on the watch list, the

13  following staffing standards shall apply during the time the

14  facility is on the watch list. The facility must have a

15  minimum certified nursing assistant staffing of 2.6 hours of

16  direct care per resident per day beginning January 1, 2003,

17  and increasing to 2.9 hours of direct care per resident per

18  day beginning January 1, 2004. No facility shall staff below

19  one certified nursing assistant per 20 residents, and a

20  minimum licensed nursing staffing of 1.0 hour of direct

21  resident care per resident per day but never below one

22  licensed nurse per 40 residents. Nursing assistants employed

23  under s. 400.211(2) may be included in computing the staffing

24  ratio for certified nursing assistants only if they provide

25  nursing assistance services to residents on a full-time basis.

26         Section 5.  Paragraph (b) of subsection (5) of section

27  400.235, Florida Statutes, is amended to read:

28         400.235  Nursing home quality and licensure status;

29  Gold Seal Program.--

30         (5)  Facilities must meet the following additional

31  criteria for recognition as a Gold Seal Program facility:

                                  7

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1         (b)  Evidence financial soundness and stability

 2  according to standards adopted by the agency in administrative

 3  rule. Such standards must include, but not be limited to,

 4  criteria for the use of financial statements that are prepared

 5  in accordance with generally accepted accounting principles

 6  and that are reviewed or audited by certified public

 7  accountants. A nursing home that is part of the same corporate

 8  entity as a continuing care facility licensed under chapter

 9  651, meets the minimum liquid reserve requirements specified

10  in s. 651.035, and is accredited by a recognized accrediting

11  organization under s. 651.028 and rules of the Office of

12  Insurance Regulation satisfies this requirement as long as the

13  accreditation is not provisional.

14         Section 6.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 2150

19                                 

20  The Committee Substitute differs from SB 2150 in the following
    ways:
21  
    A registered nurse to whom institutional responsibilities have
22  been assigned could sign the resident care plan.

23  AHCA could notify a facility by regular mail or electronically
    120 days before the facility's license must be renewed.
24  
    Compliance with staffing standards may be achieved by
25  computing a weekly average, rather than a biweekly average in
    facilities that are not on the watch list.
26  
    A facility on the watch list must meet staffing standards
27  every day and may not demonstrate compliance with standards by
    computing a weekly average.
28  
    For purposes of computing an average, a week begins on Sunday
29  and ends on Saturday.

30  A nursing home could not be cited for noncompliance with
    staffing standards during an emergency declared by the
31  Governor if the facility was in the geographic area of the
    emergency.
                                  8

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






    Florida Senate - 2003                           CS for SB 2150
    317-2132-03




 1  

 2  

 3  

 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

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