Senate Bill sb0698c1

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    Florida Senate - 2003                            CS for SB 698

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Saunders




    317-1875-03

  1                      A bill to be entitled

  2         An act relating to certified geriatric

  3         specialty nursing; providing a short title;

  4         requiring the Agency for Workforce Innovation

  5         to establish a pilot program for delivery of

  6         certified geriatric specialty nursing

  7         education; specifying eligibility requirements

  8         for certified nursing assistants to obtain

  9         certified geriatric specialty nursing

10         education; specifying requirements for the

11         education of certified nursing assistants to

12         prepare for certification as a certified

13         geriatric specialist; creating a Certified

14         Geriatric Specialty Nursing Initiative Steering

15         Committee; providing for the composition of and

16         manner of appointment to the Certified

17         Geriatric Specialty Nursing Initiative Steering

18         Committee; providing responsibilities of the

19         steering committee; providing for reimbursement

20         for per diem and travel expenses; requiring the

21         Agency for Workforce Innovation to conduct or

22         contract for an evaluation of the pilot program

23         for delivery of certified geriatric specialty

24         nursing education; requiring the evaluation to

25         include recommendations regarding the expansion

26         of the delivery of certified geriatric

27         specialty nursing education in nursing homes;

28         requiring the Agency for Workforce Innovation

29         to report to the Governor and Legislature

30         regarding the status and evaluation of the

31         pilot program; creating s. 464.0125, F.S.;

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    Florida Senate - 2003                            CS for SB 698
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 1         providing definitions; providing requirements

 2         for persons to become certified geriatric

 3         specialists; specifying fees; providing

 4         practice standards and grounds for which

 5         certified geriatric specialists may be subject

 6         to discipline by the Board of Nursing; creating

 7         restrictions on the use of professional nursing

 8         titles; prohibiting the use of certain

 9         professional titles; providing penalties;

10         authorizing approved nursing programs to

11         provide education for the preparation of

12         certified geriatric specialists without further

13         board approval; authorizing certified geriatric

14         specialists to supervise the activities of

15         others in nursing home facilities according to

16         rules by the Board of Nursing; revising

17         terminology relating to nursing to conform to

18         the certification of geriatric specialists;

19         amending s. 381.00315, F.S.; revising

20         requirements for the reactivation of the

21         licenses of specified health care practitioners

22         in the event of public health emergency to

23         include certified geriatric specialists;

24         amending s. 400.021, F.S.; including services

25         provided by a certified geriatric specialist

26         within the definition of nursing service;

27         amending s. 400.211, F.S.; revising

28         requirements for persons employed as nursing

29         assistants to conform to the certification of

30         certified geriatric specialists; amending s.

31         400.23, F.S.; specifying that certified

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    Florida Senate - 2003                            CS for SB 698
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 1         geriatric specialists shall be considered

 2         licensed nursing staff; authorizing licensed

 3         practical nurses to supervise the activities of

 4         certified geriatric specialists in nursing home

 5         facilities according to rules adopted by the

 6         Board of Nursing; amending s. 409.908, F.S.;

 7         revising the methodology for reimbursement of

 8         Medicaid program providers to include services

 9         of certified geriatric specialists; amending s.

10         458.303, F.S.; revising exceptions to the

11         practice of medicine to include services

12         delegated to a certified geriatric specialist

13         under specified circumstances; amending s.

14         1009.65, F.S.; revising eligibility for the

15         Medical Education Reimbursement and Loan

16         Repayment Program to include certified

17         geriatric specialists; amending s. 1009.66,

18         F.S.; revising eligibility requirements for the

19         Nursing Student Loan Forgiveness Program to

20         include certified geriatric specialists;

21         providing an appropriation; providing an

22         effective date.

23  

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

25  

26         Section 1.  This act may be cited as the "Clara Ramsey

27  Care of the Elderly Act."

28         Section 2.  Certified Geriatric Specialist Preparation

29  Pilot Program.--

30         (1)  The Agency for Workforce Innovation shall

31  establish a pilot program for delivery of geriatric nursing

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    Florida Senate - 2003                            CS for SB 698
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 1  education to certified nursing assistants who wish to become

 2  certified geriatric specialists. The agency shall select three

 3  pilot sites in nursing homes that have received the Gold Seal

 4  designation under section 400.235, Florida Statutes; have been

 5  designated as a teaching nursing home under section 430.80,

 6  Florida Statutes; or have not received a class I or class II

 7  deficiency within the 30 months preceding application for this

 8  program.

 9         (2)  To be eligible to receive geriatric nursing

10  education, a certified nursing assistant must have been

11  employed by a participating nursing home for at least 1 year

12  and have received a high school diploma or its equivalent.

13         (3)  The education shall be provided at the worksite

14  and in coordination with the certified nursing assistant's

15  work schedule.

16         (4)  Faculty shall provide the instruction under an

17  approved nursing program.

18         (5)  The education shall prepare the certified nursing

19  assistant to meet the requirements for certification as a

20  geriatric specialist. The didactic and clinical education

21  shall include all portions of the practical nursing

22  curriculum, except for pediatric and obstetric/maternal-child

23  education, and shall include additional education in the care

24  of ill, injured, or infirm geriatric patients and the

25  maintenance of health, the prevention of injury, and the

26  provision of palliative care for geriatric patients.

27         Section 3.  Certified Geriatric Specialty Nursing

28  Initiative Steering Committee.--

29         (1)  In order to guide the implementation of the

30  Certified Geriatric Specialist Preparation Pilot Program,

31  there is created a Certified Geriatric Specialty Nursing

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 1  Initiative Steering Committee. The steering committee shall be

 2  composed of the following members:

 3         (a)  The chair of the Board of Nursing or his or her

 4  designee;

 5         (b)  A representative of the Agency for Workforce

 6  Innovation, appointed by the Director of Workforce Innovation;

 7         (c)  A representative of Workforce Florida, Inc.,

 8  appointed by the chair of the Board of Directors of Workforce

 9  Florida, Inc.;

10         (d)  A representative of the Department of Education,

11  appointed by the Secretary of Education;

12         (e)  A representative of the Agency for Health Care

13  Administration, appointed by the Secretary of Health Care

14  Administration;

15         (f)  The Director of the Florida Center for Nursing;

16  and

17         (g)  A representative of a Gold Seal nursing home that

18  is not one of the pilot program sites, appointed by the

19  Secretary of Health Care Administration.

20         (2)  The steering committee shall:

21         (a)  Provide consultation and guidance to the Agency

22  for Workforce Innovation on matters of policy during the

23  implementation of the pilot program; and

24         (b)  Provide oversight to the evaluation of the pilot

25  program.

26         (3)  Members of the steering committee are entitled to

27  reimbursement for per diem and travel expenses under section

28  112.061, Florida Statutes.

29         (4)  The steering committee shall complete its

30  activities by June 30, 2006, and the authorization for the

31  steering committee ends on that date.

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 1         Section 4.  Evaluation of the Certified Geriatric

 2  Specialist Preparation Pilot Program.--The Agency for

 3  Workforce Innovation, in consultation with the Certified

 4  Geriatric Specialty Nursing Initiative Steering Committee,

 5  shall conduct, or contract for an evaluation of the pilot

 6  program. The agency shall ensure that an evaluation report is

 7  submitted to the Governor, the President of the Senate, and

 8  the Speaker of the House of Representatives by January 1,

 9  2006. The evaluation must address the experience and success

10  of the certified nursing assistants in the pilot program and

11  must contain recommendations regarding the expansion of the

12  delivery of geriatric nursing education in nursing homes.

13         Section 5.  Reports.--The Agency for Workforce

14  Innovation shall submit status reports and recommendations

15  regarding legislation necessary to further the implementation

16  of the pilot program to the Governor, the President of the

17  Senate, and the Speaker of the House of Representatives on

18  January 1, 2004, January 1, 2005, and January 1, 2006.

19         Section 6.  Section 464.0125, Florida Statutes, is

20  created to read:

21         464.0125  Certified geriatric specialists;

22  certification requirements.--

23         (1)  DEFINITIONS; RESPONSIBILITIES.--

24         (a)  As used in this section, the term:

25         1.  "Certified geriatric specialist" means a person who

26  meets the qualifications specified in this section and who is

27  certified by the board to practice as a certified geriatric

28  specialist.

29         2.  "Geriatric patient" means any patient who is 60

30  years of age or older.

31  

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 1         3.  "Practice of certified geriatric specialty nursing"

 2  means the performance of selected acts in facilities licensed

 3  under part II or part III of chapter 400, including the

 4  administration of treatments and medications, in the care of

 5  ill, injured, or infirm geriatric patients and the promotion

 6  of wellness, maintenance of health, and prevention of illness

 7  of geriatric patients under the direction of a registered

 8  nurse, a licensed physician, a licensed osteopathic physician,

 9  a licensed podiatric physician, or a licensed dentist. The

10  scope of practice of a certified geriatric specialist includes

11  the practice of practical nursing as defined in s. 464.003,

12  except for any act in which instruction and clinical knowledge

13  of pediatric nursing or obstetric/maternal-child nursing is

14  required. A certified geriatric specialist, while providing

15  nursing services in facilities licensed under part II or part

16  III of chapter 400, may supervise the activities of certified

17  nursing assistants and other unlicensed personnel providing

18  services in such facilities in accordance with rules adopted

19  by the board.

20         (b)  The certified geriatric specialist shall be

21  responsible and accountable for making decisions that are

22  based upon the individual's educational preparation and

23  experience in performing certified geriatric specialty

24  nursing.

25         (2)  CERTIFICATION.--

26         (a)  Any certified nursing assistant desiring to be

27  certified as a certified geriatric specialist shall apply to

28  the department and submit proof that he or she holds a current

29  certificate as a certified nursing assistant under this part

30  and has satisfactorily completed the following requirements:

31  

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    Florida Senate - 2003                            CS for SB 698
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 1         1.  Is in good mental and physical health, is a

 2  recipient of a high school diploma or its equivalent and has

 3  completed the requirements for graduation from an approved

 4  program for nursing or its equivalent, as determined by the

 5  board, for the preparation of licensed practical nurses,

 6  except for instruction and clinical knowledge of pediatric

 7  nursing or obstetric/maternal-child nursing. Any program that

 8  is approved on July 1, 2003, by the board for the preparation

 9  of registered nurses or licensed practical nurses may provide

10  education for the preparation of certified geriatric

11  specialists without further board approval.

12         2.  Has the ability to communicate in the English

13  language, which may be determined by an examination given by

14  the department.

15         3.  Has provided sufficient information, which must be

16  submitted by the department for a statewide criminal records

17  correspondence check through the Department of Law

18  Enforcement.

19         (b)  Each applicant who meets the requirements of this

20  subsection shall, unless denied pursuant to s. 464.018, be

21  entitled to certification as a certified geriatric specialist.

22  The board shall certify, and the department shall issue a

23  certificate to practice as a certified geriatric specialist

24  to, any certified nursing assistant meeting the qualifications

25  in this section. The board shall establish an application fee

26  not to exceed $100 and a biennial renewal fee not to exceed

27  $50. The board may adopt rules to administer this section.

28         (c)  A person receiving certification under this

29  section shall:

30         1.  Work only within the confines of a facility

31  licensed under part II or part III of chapter 400.

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 1         2.  Care for geriatric patients only.

 2         3.  Comply with the minimum standards of practice for

 3  nurses and be subject to disciplinary action for violations of

 4  s. 464.018.

 5         (3)  ARTICULATION.--Any certified geriatric specialist

 6  who completes the additional instruction and coursework in an

 7  approved nursing program for the preparation of practical

 8  nursing in the areas of pediatric nursing and

 9  obstetric/maternal-child nursing shall, unless denied pursuant

10  to s. 464.018, be entitled to licensure as a licensed

11  practical nurse if the applicant otherwise meets the

12  requirements of s. 464.008.

13         (4)  TITLES AND ABBREVIATIONS; RESTRICTIONS;

14  PENALTIES.--

15         (a)  Only persons who hold certificates to practice as

16  certified geriatric specialists in this state or who are

17  performing services within the practice of certified geriatric

18  specialty nursing pursuant to the exception set forth in s.

19  464.022(8) shall have the right to use the title "Certified

20  Geriatric Specialist" and the abbreviation "C.G.S."

21         (b)  No person shall practice or advertise as, or

22  assume the title of, certified geriatric specialist or use the

23  abbreviation "C.G.S." or take any other action that would lead

24  the public to believe that person was certified as such or is

25  performing services within the practice of certified geriatric

26  specialty nursing pursuant to the exception set forth in s.

27  464.022(8), unless that person is certified to practice as

28  such.

29         (c)  A violation of this subsection is a misdemeanor of

30  the first degree, punishable as provided in s. 775.082 or s.

31  775.083.

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 1         (5)  VIOLATIONS AND PENALTIES.--Practicing certified

 2  geriatric specialty nursing, as defined in this section,

 3  without holding an active certificate to do so constitutes a

 4  felony of the third degree, punishable as provided in s.

 5  775.082, s. 775.083, or s. 775.084.

 6         Section 7.  Paragraph (b) of subsection (1) of section

 7  381.00315, Florida Statutes, is amended to read:

 8         381.00315  Public health advisories; public health

 9  emergencies.--The State Health Officer is responsible for

10  declaring public health emergencies and issuing public health

11  advisories.

12         (1)  As used in this section, the term:

13         (b)  "Public health emergency" means any occurrence, or

14  threat thereof, whether natural or man made, which results or

15  may result in substantial injury or harm to the public health

16  from infectious disease, chemical agents, nuclear agents,

17  biological toxins, or situations involving mass casualties or

18  natural disasters. Prior to declaring a public health

19  emergency, the State Health Officer shall, to the extent

20  possible, consult with the Governor and shall notify the Chief

21  of Domestic Security Initiatives as created in s. 943.03. The

22  declaration of a public health emergency shall continue until

23  the State Health Officer finds that the threat or danger has

24  been dealt with to the extent that the emergency conditions no

25  longer exist and he or she terminates the declaration.

26  However, a declaration of a public health emergency may not

27  continue for longer than 60 days unless the Governor concurs

28  in the renewal of the declaration. The State Health Officer,

29  upon declaration of a public health emergency, may take

30  actions that are necessary to protect the public health. Such

31  actions include, but are not limited to:

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 1         1.  Directing manufacturers of prescription drugs or

 2  over-the-counter drugs who are permitted under chapter 499 and

 3  wholesalers of prescription drugs located in this state who

 4  are permitted under chapter 499 to give priority to the

 5  shipping of specified drugs to pharmacies and health care

 6  providers within geographic areas that have been identified by

 7  the State Health Officer. The State Health Officer must

 8  identify the drugs to be shipped. Manufacturers and

 9  wholesalers located in the state must respond to the State

10  Health Officer's priority shipping directive before shipping

11  the specified drugs.

12         2.  Notwithstanding chapters 465 and 499 and rules

13  adopted thereunder, directing pharmacists employed by the

14  department to compound bulk prescription drugs and provide

15  these bulk prescription drugs to physicians and nurses of

16  county health departments or any qualified person authorized

17  by the State Health Officer for administration to persons as

18  part of a prophylactic or treatment regimen.

19         3.  Notwithstanding s. 456.036, temporarily

20  reactivating the inactive license of the following health care

21  practitioners, when such practitioners are needed to respond

22  to the public health emergency: physicians licensed under

23  chapter 458 or chapter 459; physician assistants licensed

24  under chapter 458 or chapter 459; certified geriatric

25  specialists certified under part I of chapter 461; licensed

26  practical nurses, registered nurses, and advanced registered

27  nurse practitioners licensed under part I of chapter 464;

28  respiratory therapists licensed under part V of chapter 468;

29  and emergency medical technicians and paramedics certified

30  under part III of chapter 401. Only those health care

31  practitioners specified in this paragraph who possess an

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    Florida Senate - 2003                            CS for SB 698
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 1  unencumbered inactive license and who request that such

 2  license be reactivated are eligible for reactivation. An

 3  inactive license that is reactivated under this paragraph

 4  shall return to inactive status when the public health

 5  emergency ends or prior to the end of the public health

 6  emergency if the State Health Officer determines that the

 7  health care practitioner is no longer needed to provide

 8  services during the public health emergency. Such licenses may

 9  only be reactivated for a period not to exceed 90 days without

10  meeting the requirements of s. 456.036 or chapter 401, as

11  applicable.

12         4.  Ordering an individual to be examined, tested,

13  vaccinated, treated, or quarantined for communicable diseases

14  that have significant morbidity or mortality and present a

15  severe danger to public health. Individuals who are unable or

16  unwilling to be examined, tested, vaccinated, or treated for

17  reasons of health, religion, or conscience may be subjected to

18  quarantine.

19         a.  Examination, testing, vaccination, or treatment may

20  be performed by any qualified person authorized by the State

21  Health Officer.

22         b.  If the individual poses a danger to the public

23  health, the State Health Officer may subject the individual to

24  quarantine. If there is no practical method to quarantine the

25  individual, the State Health Officer may use any means

26  necessary to vaccinate or treat the individual.

27  

28  Any order of the State Health Officer given to effectuate this

29  paragraph shall be immediately enforceable by a law

30  enforcement officer under s. 381.0012.

31  

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 1         Section 8.  Subsection (14) of section 400.021, Florida

 2  Statutes, is amended to read:

 3         400.021  Definitions.--When used in this part, unless

 4  the context otherwise requires, the term:

 5         (14)  "Nursing service" means such services or acts as

 6  may be rendered, directly or indirectly, to and in behalf of a

 7  person by individuals as defined in ss. s. 464.003 and

 8  464.0125.

 9         Section 9.  Subsection (1) of section 400.211, Florida

10  Statutes, is amended to read:

11         400.211  Persons employed as nursing assistants;

12  certification requirement.--

13         (1)  To serve as a nursing assistant in any nursing

14  home, a person must be certified as a nursing assistant under

15  part II of chapter 464, unless the person is a registered

16  nurse, a or practical nurse, or a certified geriatric

17  specialist certified or licensed in accordance with part I of

18  chapter 464 or an applicant for such licensure who is

19  permitted to practice nursing in accordance with rules adopted

20  by the Board of Nursing pursuant to part I of chapter 464.

21         Section 10.  Paragraphs (a) and (c) of subsection (3)

22  of section 400.23, Florida Statutes, are amended to read:

23         400.23  Rules; evaluation and deficiencies; licensure

24  status.--

25         (3)(a)  The agency shall adopt rules providing for the

26  minimum staffing requirements for nursing homes. These

27  requirements shall include, for each nursing home facility, a

28  minimum certified nursing assistant staffing of 2.3 hours of

29  direct care per resident per day beginning January 1, 2002,

30  increasing to 2.6 hours of direct care per resident per day

31  beginning January 1, 2003, and increasing to 2.9 hours of

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 1  direct care per resident per day beginning January 1, 2004.

 2  Beginning January 1, 2002, no facility shall staff below one

 3  certified nursing assistant per 20 residents, and a minimum

 4  licensed nursing staffing of 1.0 hour of direct resident care

 5  per resident per day but never below one licensed nurse per 40

 6  residents. For purposes of computing nursing staffing minimums

 7  and ratios, certified geriatric specialists shall be

 8  considered licensed nursing staff. Nursing assistants employed

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

10  ratio for certified nursing assistants only if they provide

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

12  Each nursing home must document compliance with staffing

13  standards as required under this paragraph and post daily the

14  names of staff on duty for the benefit of facility residents

15  and the public. The agency shall recognize the use of licensed

16  nurses for compliance with minimum staffing requirements for

17  certified nursing assistants, provided that the facility

18  otherwise meets the minimum staffing requirements for licensed

19  nurses and that the licensed nurses so recognized are

20  performing the duties of a certified nursing assistant. Unless

21  otherwise approved by the agency, licensed nurses counted

22  towards the minimum staffing requirements for certified

23  nursing assistants must exclusively perform the duties of a

24  certified nursing assistant for the entire shift and shall not

25  also be counted towards the minimum staffing requirements for

26  licensed nurses. If the agency approved a facility's request

27  to use a licensed nurse to perform both licensed nursing and

28  certified nursing assistant duties, the facility must allocate

29  the amount of staff time specifically spent on certified

30  nursing assistant duties for the purpose of documenting

31  compliance with minimum staffing requirements for certified

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 1  and licensed nursing staff. In no event may the hours of a

 2  licensed nurse with dual job responsibilities be counted

 3  twice.

 4         (c)  Licensed practical nurses licensed under chapter

 5  464 who are providing nursing services in nursing home

 6  facilities under this part may supervise the activities of

 7  other licensed practical nurses, certified geriatric

 8  specialists, certified nursing assistants, and other

 9  unlicensed personnel providing services in such facilities in

10  accordance with rules adopted by the Board of Nursing.

11         Section 11.  Paragraph (b) of subsection (2) of section

12  409.908, Florida Statutes, is amended to read:

13         409.908  Reimbursement of Medicaid providers.--Subject

14  to specific appropriations, the agency shall reimburse

15  Medicaid providers, in accordance with state and federal law,

16  according to methodologies set forth in the rules of the

17  agency and in policy manuals and handbooks incorporated by

18  reference therein.  These methodologies may include fee

19  schedules, reimbursement methods based on cost reporting,

20  negotiated fees, competitive bidding pursuant to s. 287.057,

21  and other mechanisms the agency considers efficient and

22  effective for purchasing services or goods on behalf of

23  recipients. If a provider is reimbursed based on cost

24  reporting and submits a cost report late and that cost report

25  would have been used to set a lower reimbursement rate for a

26  rate semester, then the provider's rate for that semester

27  shall be retroactively calculated using the new cost report,

28  and full payment at the recalculated rate shall be affected

29  retroactively. Medicare-granted extensions for filing cost

30  reports, if applicable, shall also apply to Medicaid cost

31  reports. Payment for Medicaid compensable services made on

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 1  behalf of Medicaid eligible persons is subject to the

 2  availability of moneys and any limitations or directions

 3  provided for in the General Appropriations Act or chapter 216.

 4  Further, nothing in this section shall be construed to prevent

 5  or limit the agency from adjusting fees, reimbursement rates,

 6  lengths of stay, number of visits, or number of services, or

 7  making any other adjustments necessary to comply with the

 8  availability of moneys and any limitations or directions

 9  provided for in the General Appropriations Act, provided the

10  adjustment is consistent with legislative intent.

11         (2)

12         (b)  Subject to any limitations or directions provided

13  for in the General Appropriations Act, the agency shall

14  establish and implement a Florida Title XIX Long-Term Care

15  Reimbursement Plan (Medicaid) for nursing home care in order

16  to provide care and services in conformance with the

17  applicable state and federal laws, rules, regulations, and

18  quality and safety standards and to ensure that individuals

19  eligible for medical assistance have reasonable geographic

20  access to such care.

21         1.  Changes of ownership or of licensed operator do not

22  qualify for increases in reimbursement rates associated with

23  the change of ownership or of licensed operator. The agency

24  shall amend the Title XIX Long Term Care Reimbursement Plan to

25  provide that the initial nursing home reimbursement rates, for

26  the operating, patient care, and MAR components, associated

27  with related and unrelated party changes of ownership or

28  licensed operator filed on or after September 1, 2001, are

29  equivalent to the previous owner's reimbursement rate.

30         2.  The agency shall amend the long-term care

31  reimbursement plan and cost reporting system to create direct

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 1  care and indirect care subcomponents of the patient care

 2  component of the per diem rate. These two subcomponents

 3  together shall equal the patient care component of the per

 4  diem rate. Separate cost-based ceilings shall be calculated

 5  for each patient care subcomponent. The direct care

 6  subcomponent of the per diem rate shall be limited by the

 7  cost-based class ceiling, and the indirect care subcomponent

 8  shall be limited by the lower of the cost-based class ceiling,

 9  by the target rate class ceiling, or by the individual

10  provider target. The agency shall adjust the patient care

11  component effective January 1, 2002. The cost to adjust the

12  direct care subcomponent shall be net of the total funds

13  previously allocated for the case mix add-on. The agency shall

14  make the required changes to the nursing home cost reporting

15  forms to implement this requirement effective January 1, 2002.

16         3.  The direct care subcomponent shall include salaries

17  and benefits of direct care staff providing nursing services

18  including registered nurses, licensed practical nurses,

19  certified geriatric specialists, certified under part I of

20  chapter 464, and certified nursing assistants who deliver care

21  directly to residents in the nursing home facility. This

22  excludes nursing administration, MDS, and care plan

23  coordinators, staff development, and staffing coordinator.

24         4.  All other patient care costs shall be included in

25  the indirect care cost subcomponent of the patient care per

26  diem rate. There shall be no costs directly or indirectly

27  allocated to the direct care subcomponent from a home office

28  or management company.

29         5.  On July 1 of each year, the agency shall report to

30  the Legislature direct and indirect care costs, including

31  average direct and indirect care costs per resident per

                                  17

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    Florida Senate - 2003                            CS for SB 698
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 1  facility and direct care and indirect care salaries and

 2  benefits per category of staff member per facility.

 3         6.  In order to offset the cost of general and

 4  professional liability insurance, the agency shall amend the

 5  plan to allow for interim rate adjustments to reflect

 6  increases in the cost of general or professional liability

 7  insurance for nursing homes. This provision shall be

 8  implemented to the extent existing appropriations are

 9  available.

10  

11  It is the intent of the Legislature that the reimbursement

12  plan achieve the goal of providing access to health care for

13  nursing home residents who require large amounts of care while

14  encouraging diversion services as an alternative to nursing

15  home care for residents who can be served within the

16  community. The agency shall base the establishment of any

17  maximum rate of payment, whether overall or component, on the

18  available moneys as provided for in the General Appropriations

19  Act. The agency may base the maximum rate of payment on the

20  results of scientifically valid analysis and conclusions

21  derived from objective statistical data pertinent to the

22  particular maximum rate of payment.

23         Section 12.  Subsection (2) of section 458.303, Florida

24  Statutes, is amended to read:

25         458.303  Provisions not applicable to other

26  practitioners; exceptions, etc.--

27         (2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.

28  458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.

29  458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.

30  458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347

31  shall be construed to prohibit any service rendered by a

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    Florida Senate - 2003                            CS for SB 698
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 1  registered nurse, or a licensed practical nurse, or a

 2  certified geriatric specialist certified under part I of

 3  chapter 464, if such service is rendered under the direct

 4  supervision and control of a licensed physician who provides

 5  specific direction for any service to be performed and gives

 6  final approval to all services performed.  Further, nothing in

 7  this or any other chapter shall be construed to prohibit any

 8  service rendered by a medical assistant in accordance with the

 9  provisions of s. 458.3485.

10         Section 13.  Subsection (1) and paragraph (a) of

11  subsection (2) of section 1009.65, Florida Statutes, are

12  amended to read:

13         1009.65  Medical Education Reimbursement and Loan

14  Repayment Program.--

15         (1)  To encourage qualified medical professionals to

16  practice in underserved locations where there are shortages of

17  such personnel, there is established the Medical Education

18  Reimbursement and Loan Repayment Program. The function of the

19  program is to make payments that offset loans and educational

20  expenses incurred by students for studies leading to a medical

21  or nursing degree, medical or nursing licensure, or advanced

22  registered nurse practitioner certification or physician

23  assistant licensure. The following licensed or certified

24  health care professionals are eligible to participate in this

25  program: medical doctors with primary care specialties,

26  doctors of osteopathic medicine with primary care specialties,

27  physician's assistants, certified geriatric specialists

28  certified under part I of chapter 464, licensed practical

29  nurses and registered nurses, and advanced registered nurse

30  practitioners with primary care specialties such as certified

31  nurse midwives. Primary care medical specialties for

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    Florida Senate - 2003                            CS for SB 698
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 1  physicians include obstetrics, gynecology, general and family

 2  practice, internal medicine, pediatrics, and other specialties

 3  which may be identified by the Department of Health.

 4         (2)  From the funds available, the Department of Health

 5  shall make payments to selected medical professionals as

 6  follows:

 7         (a)  Up to $4,000 per year for certified geriatric

 8  specialists certified under part I of chapter 464, licensed

 9  practical nurses, and registered nurses, up to $10,000 per

10  year for advanced registered nurse practitioners and

11  physician's assistants, and up to $20,000 per year for

12  physicians.  Penalties for noncompliance shall be the same as

13  those in the National Health Services Corps Loan Repayment

14  Program. Educational expenses include costs for tuition,

15  matriculation, registration, books, laboratory and other fees,

16  other educational costs, and reasonable living expenses as

17  determined by the Department of Health.

18         Section 14.  Subsection (2) of section 1009.66, Florida

19  Statutes, is amended to read:

20         1009.66  Nursing Student Loan Forgiveness Program.--

21         (2)  To be eligible, a candidate must have graduated

22  from an accredited or approved nursing program and have

23  received a Florida license as a licensed practical nurse, a

24  certified geriatric specialist certified under part I of

25  chapter 464, or a registered nurse or a Florida certificate as

26  an advanced registered nurse practitioner.

27         Section 15.  The sum of        is appropriated from the

28  General Revenue Fund to the Agency for Workforce Innovation to

29  support the work of the Certified Geriatric Specialty Nursing

30  Initiative Steering Committee, to administer the pilot sites,

31  contract for an evaluation, and to provide, if necessary,

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    Florida Senate - 2003                            CS for SB 698
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 1  nursing faculty, substitute certified nursing assistants for

 2  those who are in clinical education, and technical support to

 3  the pilot sites during the 2003-2004 fiscal year.

 4         Section 16.  This act shall take effect upon becoming a

 5  law.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 698

 9                                 

10  This committee substitute cites the bill as the "Clara Ramsey
    Care of the Elderly Act." The bill creates a category of
11  geriatric specialty nursing called certified geriatric
    specialist (CGS). The scope of practice for a CGS would be the
12  same as for the practice of practical nursing without
    pediatric nursing and obstetric/maternal-child health nursing
13  and with a greater emphasis on geriatric nursing. The bill
    establishes:
14  
         -    A scope of practice for certified geriatric
15            specialists,

16       -    Certification requirements, including education
              requirements, and
17  
         -    Penalties for using the title or practicing
18            geriatric specialty nursing without a certificate.

19  The bill requires the Agency for Workforce Innovation (AWI) to
    create a pilot program for delivery of geriatric nursing
20  education to certified nursing assistants who are employed in
    a nursing home.
21  
    A 7-member steering committee will oversee the pilot program.
22  
    AWI is required to submit evaluation and status reports to the
23  Governor and Legislature.

24  The bill appropriates an unspecified amount of money to the
    Agency for Workforce Innovation to support implementation of
25  the pilot program.

26  

27  

28  

29  

30  

31  

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