HB 0705 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 retirement communities; amending s.
13	400.141, F.S.; revising prerequisites that certain nursing
14	homes must fulfill to qualify for sharing programming and
15	staff with other entities that are part of a retirement
16	community; authorizing the Agency for Health Care
17	Administration to adopt rules; amending s. 400.235, F.S.;
18	revising standards for evidence of financial soundness and
19	stability of certain nursing home facilities in the Gold
20	Seal Program; amending ss. 651.081 and 651.085, F.S.;
21	providing for the establishment of a residents'
22	organization for certain purposes; requiring notice of a
23	meeting or ballot election to select a designated
24	representative to represent a residents' organization
25	before the governing body of a provider; providing an
26	effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Subsection (7) of section 400.141, Florida
31	Statutes, is amended to read:
32	400.141 Administration and management of nursing home
33	facilities.--Every licensed facility shall comply with all
34	applicable standards and rules of the agency and shall:
35	(7) If the facility has a standard licenselicensure
36	status or is a Gold Seal facility, exceeds the minimum required
37	hours of licensed nursing and certified nursing assistant direct
38	care per resident per daystaffing standards, and is part of a
39	continuing care facility licensed under chapter 651 or a
40	retirement community that offers other services pursuant to part
41	III, part IV, or part V on a single campus, be allowed to share
42	programming and staff. At the time of inspection and in the
43	semiannual report required pursuant to s. 400.141(15)
44	relicensure, a continuing care facility orretirement community
45	that uses this option must demonstrate through staffing records
46	that minimum staffing requirements for the facility were met
47	exceeded. Licensed nurses and certified nursing assistants who
48	work in the nursing home facility may be used to provide
49	services elsewhere on campus if the facility exceeds the minimum
50	number of direct care hours required per resident per day and
51	the total number of residents receiving direct care services
52	from a licensed nurse or a certified nursing assistant does not
53	cause the facility to violate the staffing ratios required under
54	s. 400.23(3)(a). Compliance with the minimum staffing ratios
55	shall be based on the total number of residents receiving direct
56	care services, regardless of where they reside on campus. If the
57	facility receives a conditional license, it may not share staff
58	until the conditional license status ends. This subsection does
59	not restrict the agency’s authority under federal or state law
60	to require additional staff if a facility is cited for
61	deficiencies in care which are caused by an insufficient number
62	of certified nursing assistants or licensed nurses. The agency
63	may adopt rules for the documentation necessary to determine
64	compliance with this subsection.
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66	Facilities that have been awarded a Gold Seal under the program
67	established in s. 400.235 may develop a plan to provide
68	certified nursing assistant training as prescribed by federal
69	regulations and state rules and may apply to the agency for
70	approval of their program.
71	Section 2. Paragraph (b) of subsection (5) of section
72	400.235, Florida Statutes, is amended to read:
73	400.235 Nursing home quality and licensure status; Gold
74	Seal Program.--
75	(5) Facilities must meet the following additional criteria
76	for recognition as a Gold Seal Program facility:
77	(b) Evidence financial soundness and stability according
78	to standards adopted by the agency in administrative rule. A
79	nursing home that is part of the same corporate entity as a
80	continuing care facility licensed under chapter 651 which meets
81	the minimum liquid reserve requirements specified in s. 651.035
82	and is accredited by a recognized accrediting organization under
83	s. 651.028 and rules of the Office of Insurance Regulation
84	satisfies this requirement as long as the accreditation is not
85	provisional.
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87	A facility assigned a conditional licensure status may not
88	qualify for consideration for the Gold Seal Program until after
89	it has operated for 30 months with no class I or class II
90	deficiencies and has completed a regularly scheduled relicensure
91	survey.
92	Section 3. Section 651.081, Florida Statutes, is amended
93	to read:
94	651.081 Continuing care facilities residents'
95	organizations.--
96	(1)Residents living in a facility holding a valid
97	certificate of authority under this chapter have the right of
98	self-organization, the right to be represented by an individual
99	of their own choosing, and the right to engage in concerted
100	activities for the purpose of keeping informed on the operation
101	of the facility which is caring for them or for the purpose of
102	other mutual aid or protection.
103	(2) A residents’ organization created for the purpose of
104	representing residents on matters set forth in s. 651.085 may be
105	established through an election in which the residents, as
106	defined in this chapter, vote by ballot, either physically or by
107	proxy. If the election is to be held during a meeting, a notice
108	of the organizational meeting must be provided to all residents
109	of the community at least 10 business days before the meeting.
110	Notice may be given through internal mailboxes, communitywide
111	newsletters, bulletin boards, in-house television stations, and
112	other similar means of communication. An election for creating a
113	residents’ organization is valid if at least 40 percent of the
114	total resident population participates in the election and a
115	majority of the participants vote affirmatively for the
116	organization. The initial residents’ organization created under
117	this section is valid for at least 12 months. If the facility
118	has a residents’ association, residents’ council, or similarly
119	organized body with bylaws and elected officials, such
120	organization must be recognized as the residents’ organization
121	under this section and s. 651.085. There shall be only one
122	residents’ organization to represent residents before the
123	governing body of the provider as described in s. 651.085(2).
124	Section 4. Subsection (2) of section 651.085, Florida
125	Statutes, is amended to read:
126	651.085 Quarterly meetings between residents and the
127	governing body of the provider; resident representation before
128	the governing body of the provider.--
129	(2) A residents' organization formed pursuant to s.
130	651.081, members of which are elected by the residents, may
131	designate a resident to represent them before the governing body
132	of the provider or organize a meeting or ballot electionof the
133	majorityof the residents of the facility to determine whether
134	to elect a resident to represent them before the governing body
135	of the provider. If ano residents' organization as described in
136	s. 651.081 does not existexists, any resident may organize a
137	meeting or ballot election of the majority of theresidents of
138	the facility to determine whether to elect a resident to
139	represent them before the governing body and, if applicable,
140	elect the representative. The residents' organization, or the
141	resident that organizesconvenes a meeting or ballot electionof
142	residents to make the determination orelect a representative,
143	shall give all residents of the facility notice at least 10
144	business days before the meeting or election7 days' notice in a
145	conspicuous place at the facility. Notice may be given through
146	internal mailboxes, communitywide newsletters, bulletin boards,
147	in-house television stations, and other similar means of
148	communication. An election of the representative is valid if at
149	least 40 percent of the total resident population participates
150	in the election and a majority of the participants vote
151	affirmatively for the representative. The initial designated
152	representative elected under this section shall be elected to
153	serve for a period of at least 12 months.
154	Section 5. This act shall take effect upon becoming a law.