Amendment
Bill No. 1062
Amendment No. 964733
CHAMBER ACTION
Senate House
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1Representative Murman offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 400.0712, Florida Statutes, is created
6to read:
7     400.0712  Application for inactive license.--
8     (1)  As specified in this section, the agency may issue an
9inactive license to a nursing home facility for all or a portion
10of its beds. Any request by a licensee that a nursing home or
11portion of a nursing home become inactive must be submitted to
12the agency in the approved format. The facility may not initiate
13any suspension of services, notify residents, or initiate
14facility closure before receiving approval from the agency; and
15a facility that violates this provision shall not be issued an
16inactive license. Upon agency approval of an inactive license,
17the nursing home shall notify residents of any necessary
18discharge or transfer as provided in s. 400.0255.
19     (2)  The agency may issue an inactive license to a nursing
20home that chooses to use an unoccupied contiguous portion of the
21facility for an alternative use to meet the needs of elderly
22persons through the use of less restrictive, less institutional
23services.
24     (a)  An inactive license issued under this subsection may
25be granted for a period not to exceed 12 months but may be
26renewed annually by the agency for 12 months.
27     (b)  A request to extend the inactive license must be
28submitted to the agency in the approved format and approved by
29the agency in writing.
30     (c)  Nursing homes that receive an inactive license to
31provide alternative services shall not receive preference for
32participation in the Assisted Living for the Elderly Medicaid
33waiver.
34     (3)  The agency may issue an inactive license to a nursing
35home that will be temporarily unable to provide services but is
36reasonably expected to resume services.
37     (a)  An inactive license issued under this subsection may
38be issued for a period not to exceed 12 months and may be
39renewed by the agency for an additional 6 months upon
40demonstration of progress toward reopening.
41     (b)  All licensure fees must be current and paid in full,
42and may be prorated as provided by agency rule, before the
43inactive license is issued.
44     (c)  Reactivation of an inactive license requires that the
45applicant pay all licensure fees and be inspected by the agency
46to confirm that all of the requirements of this part and
47applicable rules are met.
48     (4)  The agency shall adopt rules pursuant to ss.
49120.536(1) and 120.54 necessary to implement this section.
50     Section 2.  Subsections (10), (11), and (12) of section
51400.071, Florida Statutes, are amended to read:
52     400.071  Application for license.--
53     (10)  The agency may issue an inactive license to a nursing
54home that will be temporarily unable to provide services but
55that is reasonably expected to resume services. Such designation
56may be made for a period not to exceed 12 months but may be
57renewed by the agency for up to 6 additional months. Any request
58by a licensee that a nursing home become inactive must be
59submitted to the agency and approved by the agency prior to
60initiating any suspension of service or notifying residents.
61Upon agency approval, the nursing home shall notify residents of
62any necessary discharge or transfer as provided in s. 400.0255.
63     (10)(11)  As a condition of licensure, each facility must
64establish and submit with its application a plan for quality
65assurance and for conducting risk management.
66     (11)(12)  The applicant must provide the agency with proof
67of a legal right to occupy the property before a license may be
68issued. Proof may include, but is not limited to, copies of
69warranty deeds, lease or rental agreements, contracts for deeds,
70or quitclaim deeds.
71     Section 3.  Subsection (17) of section 400.021, Florida
72Statutes, is amended to read:
73     400.021  Definitions.--When used in this part, unless the
74context otherwise requires, the term:
75     (17)  "Resident care plan" means a written plan developed,
76maintained, and reviewed not less than quarterly by a registered
77nurse, with participation from other facility staff and the
78resident or his or her designee or legal representative, which
79includes a comprehensive assessment of the needs of an
80individual resident; the type and frequency of services required
81to provide the necessary care for the resident to attain or
82maintain the highest practicable physical, mental, and
83psychosocial well-being; a listing of services provided within
84or outside the facility to meet those needs; and an explanation
85of service goals. The resident care plan must be signed by the
86director of nursing or another registered nurse employed by the
87facility to whom institutional responsibilities have been
88delegated and by the resident, the resident's designee, or the
89resident's legal representative. The facility may not use an
90agency or temporary registered nurse to satisfy the foregoing
91requirement and must document the institutional responsibilities
92that have been delegated to the registered nurse.
93     Section 4.  Subsection (10) is added to section 400.23,
94Florida Statutes, to read:
95     400.23  Rules; evaluation and deficiencies; licensure
96status.--
97     (10)  Agency records, reports, ranking systems, Internet
98information, and publications must be promptly updated to
99reflect the most current agency actions.
100     Section 5.  Subsection (4) of section 400.211, Florida
101Statutes, is amended to read:
102     400.211  Persons employed as nursing assistants;
103certification requirement.--
104     (4)  When employed by a nursing home facility for a 12-
105month period or longer, a nursing assistant, to maintain
106certification, shall submit to a performance review every 12
107months and must receive regular inservice education based on the
108outcome of such reviews. The inservice training must:
109     (a)  Be sufficient to ensure the continuing competence of
110nursing assistants and must meet the standard specified in s.
111464.203(7), must be at least 18 hours per year, and may include
112hours accrued under s. 464.203(8);
113     (b)  Include, at a minimum:
114     1.  Techniques for assisting with eating and proper
115feeding;
116     2.  Principles of adequate nutrition and hydration;
117     3.  Techniques for assisting and responding to the
118cognitively impaired resident or the resident with difficult
119behaviors;
120     4.  Techniques for caring for the resident at the end-of-
121life; and
122     5.  Recognizing changes that place a resident at risk for
123pressure ulcers and falls; and
124     (c)  Address areas of weakness as determined in nursing
125assistant performance reviews and may address the special needs
126of residents as determined by the nursing home facility staff.
127
128Costs associated with this training may not be reimbursed from
129additional Medicaid funding through interim rate adjustments.
130     Section 6.  Subsection (5) of section 400.235, Florida
131Statutes, is amended to read:
132     400.235  Nursing home quality and licensure status; Gold
133Seal Program.--
134     (5)  Facilities must meet the following additional criteria
135for recognition as a Gold Seal Program facility:
136     (a)  Had no class I or class II deficiencies within the 30
137months preceding application for the program.
138     (b)  Evidence financial soundness and stability according
139to standards adopted by the agency in administrative rule. Such
140standards must include, but not be limited to, criteria for the
141use of financial statements that are prepared in accordance with
142generally accepted accounting principles and that are reviewed
143or audited by certified public accountants. A nursing home that
144is part of the same corporate entity as a continuing care
145facility licensed under chapter 651 which meets the minimum
146liquid reserve requirements specified in s. 651.035 and is
147accredited by a recognized accrediting organization under s.
148651.028 and rules of the Office of Insurance Regulation
149satisfies this requirement as long as the accreditation is not
150provisional. Facilities operated by a federal or state agency
151are deemed to be financially stable for purposes of applying for
152the Gold Seal.
153     (c)  Participate in a consumer satisfaction process, and
154demonstrate that information is elicited from residents, family
155members, and guardians about satisfaction with the nursing
156facility, its environment, the services and care provided, the
157staff's skills and interactions with residents, attention to
158resident's needs, and the facility's efforts to act on
159information gathered from the consumer satisfaction measures.
160     (d)  Evidence the involvement of families and members of
161the community in the facility on a regular basis.
162     (e)  Have a stable workforce, as described in s. 400.141,
163as evidenced by a relatively low rate of turnover among
164certified nursing assistants and licensed nurses within the 30
165months preceding application for the Gold Seal Program, and
166demonstrate a continuing effort to maintain a stable workforce
167and to reduce turnover of licensed nurses and certified nursing
168assistants.
169     (f)  Evidence an outstanding record regarding the number
170and types of substantiated complaints reported to the State
171Long-Term Care Ombudsman Council within the 30 months preceding
172application for the program.
173     (g)  Provide targeted inservice training provided to meet
174training needs identified by internal or external quality
175assurance efforts.
176
177A facility assigned a conditional licensure status may not
178qualify for consideration for the Gold Seal Program until after
179it has operated for 30 months with no class I or class II
180deficiencies and has completed a regularly scheduled relicensure
181survey.
182     Section 7.  Paragraph (a) of subsection (1) of section
183400.441, Florida Statutes, is amended to read:
184     400.441  Rules establishing standards.--
185     (1)  It is the intent of the Legislature that rules
186published and enforced pursuant to this section shall include
187criteria by which a reasonable and consistent quality of
188resident care and quality of life may be ensured and the results
189of such resident care may be demonstrated. Such rules shall also
190ensure a safe and sanitary environment that is residential and
191noninstitutional in design or nature. It is further intended
192that reasonable efforts be made to accommodate the needs and
193preferences of residents to enhance the quality of life in a
194facility. In order to provide safe and sanitary facilities and
195the highest quality of resident care accommodating the needs and
196preferences of residents, the department, in consultation with
197the agency, the Department of Children and Family Services, and
198the Department of Health, shall adopt rules, policies, and
199procedures to administer this part, which must include
200reasonable and fair minimum standards in relation to:
201     (a)  The requirements for and maintenance of facilities,
202not in conflict with the provisions of chapter 553, relating to
203plumbing, heating, cooling, lighting, ventilation, living space,
204and other housing conditions, which will ensure the health,
205safety, and comfort of residents and protection from fire
206hazard, including adequate provisions for fire alarm and other
207fire protection suitable to the size of the structure. Uniform
208firesafety standards shall be established and enforced by the
209State Fire Marshal in cooperation with the agency, the
210department, and the Department of Health.
211     1.  Evacuation capability determination.--
212     a.  The provisions of the National Fire Protection
213Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
214for determining the ability of the residents, with or without
215staff assistance, to relocate from or within a licensed facility
216to a point of safety as provided in the fire codes adopted
217herein. An evacuation capability evaluation for initial
218licensure shall be conducted within 6 months after the date of
219licensure. For existing licensed facilities that are not
220equipped with an automatic fire sprinkler system, the
221administrator shall evaluate the evacuation capability of
222residents at least annually. The evacuation capability
223evaluation for each facility not equipped with an automatic fire
224sprinkler system shall be validated, without liability, by the
225State Fire Marshal, by the local fire marshal, or by the local
226authority having jurisdiction over firesafety, before the
227license renewal date. If the State Fire Marshal, local fire
228marshal, or local authority having jurisdiction over firesafety
229has reason to believe that the evacuation capability of a
230facility as reported by the administrator may have changed, it
231may, with assistance from the facility administrator, reevaluate
232the evacuation capability through timed exiting drills.
233Translation of timed fire exiting drills to evacuation
234capability may be determined:
235     (I)  Three minutes or less: prompt.
236     (II)  More than 3 minutes, but not more than 13 minutes:
237slow.
238     (III)  More than 13 minutes: impractical.
239     b.  The Office of the State Fire Marshal shall provide or
240cause the provision of training and education on the proper
241application of Chapter 5, NFPA 101A, 1995 edition, to its
242employees, to staff of the Agency for Health Care Administration
243who are responsible for regulating facilities under this part,
244and to local governmental inspectors. The Office of the State
245Fire Marshal shall provide or cause the provision of this
246training within its existing budget, but may charge a fee for
247this training to offset its costs. The initial training must be
248delivered within 6 months after July 1, 1995, and as needed
249thereafter.
250     c.  The Office of the State Fire Marshal, in cooperation
251with provider associations, shall provide or cause the provision
252of a training program designed to inform facility operators on
253how to properly review bid documents relating to the
254installation of automatic fire sprinklers. The Office of the
255State Fire Marshal shall provide or cause the provision of this
256training within its existing budget, but may charge a fee for
257this training to offset its costs. The initial training must be
258delivered within 6 months after July 1, 1995, and as needed
259thereafter.
260     d.  The administrator of a licensed facility shall sign an
261affidavit verifying the number of residents occupying the
262facility at the time of the evacuation capability evaluation.
263     2.  Firesafety requirements.--
264     a.  Except for the special applications provided herein,
265effective January 1, 1996, the provisions of the National Fire
266Protection Association, Life Safety Code, NFPA 101, 1994
267edition, Chapter 22 for new facilities and Chapter 23 for
268existing facilities shall be the uniform fire code applied by
269the State Fire Marshal for assisted living facilities, pursuant
270to s. 633.022.
271     b.  Any new facility, regardless of size, that applies for
272a license on or after January 1, 1996, must be equipped with an
273automatic fire sprinkler system. The exceptions as provided in
274section 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein,
275apply to any new facility housing eight or fewer residents. On
276July 1, 1995, local governmental entities responsible for the
277issuance of permits for construction shall inform, without
278liability, any facility whose permit for construction is
279obtained prior to January 1, 1996, of this automatic fire
280sprinkler requirement. As used in this part, the term "a new
281facility" does not mean an existing facility that has undergone
282change of ownership.
283     c.  Notwithstanding any provision of s. 633.022 or of the
284National Fire Protection Association, NFPA 101A, Chapter 5, 1995
285edition, to the contrary, any existing facility housing eight or
286fewer residents is not required to install an automatic fire
287sprinkler system, nor to comply with any other requirement in
288Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
289requirements of NFPA 101, 1988 edition, that applies to this
290size facility, unless the facility has been classified as
291impractical to evacuate. Any existing facility housing eight or
292fewer residents that is classified as impractical to evacuate
293must install an automatic fire sprinkler system within the
294timeframes granted in this section.
295     d.  Any existing facility that is required to install an
296automatic fire sprinkler system under this paragraph need not
297meet other firesafety requirements of Chapter 23, NFPA 101, 1994
298edition, which exceed the provisions of NFPA 101, 1988 edition.
299The mandate contained in this paragraph which requires certain
300facilities to install an automatic fire sprinkler system
301supersedes any other requirement.
302     e.  This paragraph does not supersede the exceptions
303granted in NFPA 101, 1988 edition or 1994 edition.
304     f.  This paragraph does not exempt facilities from other
305firesafety provisions adopted under s. 633.022 and local
306building code requirements in effect before July 1, 1995.
307     g.  A local government may charge fees only in an amount
308not to exceed the actual expenses incurred by local government
309relating to the installation and maintenance of an automatic
310fire sprinkler system in an existing and properly licensed
311assisted living facility structure as of January 1, 1996.
312     h.  If a licensed facility undergoes major reconstruction
313or addition to an existing building on or after January 1, 1996,
314the entire building must be equipped with an automatic fire
315sprinkler system. Major reconstruction of a building means
316repair or restoration that costs in excess of 50 percent of the
317value of the building as reported on the tax rolls, excluding
318land, before reconstruction. Multiple reconstruction projects
319within a 5-year period the total costs of which exceed 50
320percent of the initial value of the building at the time the
321first reconstruction project was permitted are to be considered
322as major reconstruction. Application for a permit for an
323automatic fire sprinkler system is required upon application for
324a permit for a reconstruction project that creates costs that go
325over the 50-percent threshold.
326     i.  Any facility licensed before January 1, 1996, that is
327required to install an automatic fire sprinkler system shall
328ensure that the installation is completed within the following
329timeframes based upon evacuation capability of the facility as
330determined under subparagraph 1.:
331     (I)  Impractical evacuation capability, 24 months.
332     (II)  Slow evacuation capability, 48 months.
333     (III)  Prompt evacuation capability, 60 months.
334
335The beginning date from which the deadline for the automatic
336fire sprinkler installation requirement must be calculated is
337upon receipt of written notice from the local fire official that
338an automatic fire sprinkler system must be installed. The local
339fire official shall send a copy of the document indicating the
340requirement of a fire sprinkler system to the Agency for Health
341Care Administration.
342     j.  It is recognized that the installation of an automatic
343fire sprinkler system may create financial hardship for some
344facilities. The appropriate local fire official shall, without
345liability, grant two 1-year extensions to the timeframes for
346installation established herein, if an automatic fire sprinkler
347installation cost estimate and proof of denial from two
348financial institutions for a construction loan to install the
349automatic fire sprinkler system are submitted. However, for any
350facility with a class I or class II, or a history of uncorrected
351class III, firesafety deficiencies, an extension must not be
352granted. The local fire official shall send a copy of the
353document granting the time extension to the Agency for Health
354Care Administration.
355     k.  A facility owner whose facility is required to be
356equipped with an automatic fire sprinkler system under Chapter
35723, NFPA 101, 1994 edition, as adopted herein, must disclose to
358any potential buyer of the facility that an installation of an
359automatic fire sprinkler requirement exists. The sale of the
360facility does not alter the timeframe for the installation of
361the automatic fire sprinkler system.
362     l.  Existing facilities required to install an automatic
363fire sprinkler system as a result of construction-type
364restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
365herein, or evacuation capability requirements shall be notified
366by the local fire official in writing of the automatic fire
367sprinkler requirement, as well as the appropriate date for final
368compliance as provided in this subparagraph. The local fire
369official shall send a copy of the document to the Agency for
370Health Care Administration.
371     m.  Except in cases of life-threatening fire hazards, if an
372existing facility experiences a change in the evacuation
373capability, or if the local authority having jurisdiction
374identifies a construction-type restriction, such that an
375automatic fire sprinkler system is required, it shall be
376afforded time for installation as provided in this subparagraph.
377
378Facilities that are fully sprinkled and in compliance with other
379firesafety standards are not required to conduct more than one
380of the required fire drills between the hours of 11 p.m. and 7
381a.m., per year. In lieu of the remaining drills, staff
382responsible for residents during such hours may be required to
383participate in a mock drill that includes a review of evacuation
384procedures. Such standards must be included or referenced in the
385rules adopted by the State Fire Marshal. Pursuant to s.
386633.022(1)(b), the State Fire Marshal is the final
387administrative authority for firesafety standards established
388and enforced pursuant to this section. All licensed facilities
389must have an annual fire inspection conducted by the local fire
390marshal or authority having jurisdiction.
391     3.  Resident elopement requirements.--Facilities are
392required to conduct a minimum of two resident elopement
393prevention and response drills per year. All administrators and
394direct care staff must participate in the drills which shall
395include a review of procedures to address resident elopement.
396Facilities must document the implementation of the drills and
397ensure that the drills are conducted in a manner consistent with
398the facility's resident elopement policies and procedures.
399     Section 8.  Subsection (13) of section 400.619, Florida
400Statutes, is amended to read:
401     400.619  Licensure application and renewal.--
402     (13)  All moneys collected under this section must be
403deposited into the Department of Elderly Affairs Administrative
404Trust Fund and used to offset the expenses of departmental
405training and education for adult family-care home providers.
406     Section 9.  Subsection (5) of section 408.034, Florida
407Statutes, is amended to read:
408     408.034  Duties and responsibilities of agency; rules.--
409     (5)  The agency shall establish by rule a nursing-home-bed-
410need methodology that has a goal of maintaining a subdistrict
411average occupancy rate of 94 percent and that reduces the
412community nursing home bed need for the areas of the state where
413the agency establishes pilot community diversion programs
414through the Title XIX aging waiver program.
415     Section 10.  Paragraphs (g) and (h) are added to subsection
416(2) of section 408.036, Florida Statutes, paragraph (p) of
417subsection (3) is amended, paragraphs (u) and (v) are added to
418subsection (3) of said section, and subsection (4) is reenacted
419to read:
420     408.036  Projects subject to review; exemptions.--
421     (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless exempt
422pursuant to subsection (3), projects subject to an expedited
423review shall include, but not be limited to:
424     (g)  Replacement of a nursing home within the same
425district, provided the proposed project site is located within a
426geographic area that contains at least 65 percent of the
427facility's current residents and is within a 30-mile radius of
428the replaced nursing home.
429     (h)  Relocation of a portion of a nursing home's licensed
430beds to a facility within the same district, provided the
431relocation is within a 30-mile radius of the existing facility
432and the total number of nursing home beds in the district does
433not increase.
434
435The agency shall develop rules to implement the provisions for
436expedited review, including time schedule, application content
437which may be reduced from the full requirements of s.
438408.037(1), and application processing.
439     (3)  EXEMPTIONS.--Upon request, the following projects are
440subject to exemption from the provisions of subsection (1):
441     (p)  For the addition of nursing home beds licensed under
442chapter 400 in a number not exceeding 10 total beds or 10
443percent of the number of beds licensed in the facility being
444expanded, whichever is greater, or for the addition of nursing
445home beds licensed under chapter 400 at a facility that has been
446designated as a Gold Seal nursing home under s. 400.235 in a
447number not exceeding 20 total beds or 10 percent of the number
448of beds licensed in the facility being expanded, whichever is
449greater.
450     1.  In addition to any other documentation required by the
451agency, a request for exemption submitted under this paragraph
452must:
453     a.  Effective until June 30, 2001, Certify that the
454facility has not had any class I or class II deficiencies within
455the 30 months preceding the request for addition.
456     b.  Effective on July 1, 2001, certify that the facility
457has been designated as a Gold Seal nursing home under s.
458400.235.
459     b.c.  Certify that the prior 12-month average occupancy
460rate for the nursing home beds at the facility meets or exceeds
46196 percent.
462     c.d.  Certify that any beds authorized for the facility
463under this paragraph before the date of the current request for
464an exemption have been licensed and operational for at least 12
465months.
466     2.  The timeframes and monitoring process specified in s.
467408.040(2)(a)-(c) apply to any exemption issued under this
468paragraph.
469     3.  The agency shall count beds authorized under this
470paragraph as approved beds in the published inventory of nursing
471home beds until the beds are licensed.
472     (u)  For replacement of a licensed nursing home on the same
473site, or within 3 miles of the same site, provided the number of
474licensed beds does not increase.
475     (v)  For consolidation or combination of licensed nursing
476homes or transfer of beds between licensed nursing homes within
477the same planning subdistrict, by providers that operate
478multiple nursing homes within that planning subdistrict,
479provided there is no increase in the planning subdistrict total
480of nursing home beds and the relocation does not exceed 30 miles
481from the original location.
482     (4)  A request for exemption under subsection (3) may be
483made at any time and is not subject to the batching requirements
484of this section. The request shall be supported by such
485documentation as the agency requires by rule. The agency shall
486assess a fee of $250 for each request for exemption submitted
487under subsection (3).
488     Section 11.  Section 430.701, Florida Statutes, is amended
489to read:
490     430.701  Legislative findings and intent.--
491     (1)  The Legislature finds that state expenditures for
492long-term care services continue to increase at a rapid rate and
493that Florida faces increasing pressure in its efforts to meet
494the long-term care needs of the public. It is the intent of the
495Legislature that the Department of Elderly Affairs, in
496consultation with the Agency for Health Care Administration,
497implement long-term care community diversion pilot projects to
498test the effectiveness of managed care and outcome-based
499reimbursement principles when applied to long-term care.
500     (2)  The agency may seek federal approval in advance of its
501formal waiver application to limit the diversion provider
502network by freezing enrollment of providers at current levels
503when an area already has three or more providers or, in an
504expansion area, when enrollment reaches a level of three
505providers. This subsection does not prevent the department from
506approving a provider to expand service to additional counties
507within a planning and service area for which the provider is
508already approved to serve.
509     Section 12.  Section 52 of chapter 2001-45, Laws of
510Florida, as amended by section 1693 of chapter 2003-261, Laws of
511Florida, is amended to read:
512     Section 52.  (1)  Notwithstanding the establishment of need
513as provided for in chapter 408, Florida Statutes, no certificate
514of need for additional community nursing home beds shall be
515approved by the agency until July 1, 2006.
516     (2)  The Legislature finds that the continued growth in the
517Medicaid budget for nursing home care has constrained the
518ability of the state to meet the needs of its elderly residents
519through the use of less restrictive and less institutional
520methods of long-term care. It is therefore the intent of the
521Legislature to limit the increase in Medicaid nursing home
522expenditures in order to provide funds to invest in long-term
523care that is community-based and provides supportive services in
524a manner that is both more cost-effective and more in keeping
525with the wishes of the elderly residents of this state.
526     (3)  This moratorium on certificates of need shall not
527apply to sheltered nursing home beds in a continuing care
528retirement community certified by the former Department of
529Insurance or by the Office of Insurance Regulation pursuant to
530chapter 651, Florida Statutes.
531     (4)(a)  The moratorium on certificates of need does not
532apply and a certificate of need for additional community nursing
533home beds may be approved for a county that meets the following
534circumstances:
535     1.  The county has no community nursing home beds; and
536     2.  The lack of community nursing home beds occurs because
537all nursing home beds in the county that were licensed on July
5381, 2001, have subsequently closed.
539     (b)  The certificate-of-need review for such circumstances
540shall be subject to the comparative review process consistent
541with the provisions of s. 408.039, Florida Statutes, and the
542number of beds may not exceed the number of beds lost by the
543county after July 1, 2001.
544
545This subsection shall be repealed upon the expiration of the
546moratorium established in subsection (1).
547     (5)  The moratorium on certificates of need does not apply
548for the addition of nursing home beds licensed under chapter
549400, Florida Statutes, to a nursing home located in a county
550having up to 50,000 residents, in a number not exceeding 10
551total beds or 10 percent of the number of beds licensed in the
552facility being expanded, whichever is greater. In addition to
553any other documentation required by the agency, a request
554submitted under this subsection must:
555     (a)  Certify that the facility has not had any class I or
556class II deficiencies within the 30 months preceding the request
557for addition.
558     (b)  Certify that the prior 12-month average occupancy rate
559for the nursing home beds at the facility meets or exceeds 94
560percent.
561     (c)  For a facility that has been licensed for less than 24
562months, certify that the prior 6-month average occupancy rate
563for the nursing home beds at the facility meets or exceeds 94
564percent and that the facility has not had any class I or class
565II deficiencies since its initial licensure.
566
567This subsection shall be repealed upon the expiration of the
568moratorium established in subsection (1).
569     Section 13.  Subsection (7) of section 651.118, Florida
570Statutes, is amended to read:
571     651.118  Agency for Health Care Administration;
572certificates of need; sheltered beds; community beds.--
573     (7)  Notwithstanding the provisions of subsection (2), at
574the discretion of the continuing care provider, sheltered
575nursing home beds may be used for persons who are not residents
576of the continuing care facility and who are not parties to a
577continuing care contract for a period of up to 5 years after the
578date of issuance of the initial nursing home license. A provider
579whose 5-year period has expired or is expiring may request the
580Agency for Health Care Administration for an extension, not to
581exceed 30 percent of the total sheltered nursing home beds, if
582the utilization by residents of the nursing home facility in the
583sheltered beds will not generate sufficient income to cover
584nursing home facility expenses, as evidenced by one of the
585following:
586     (a)  The nursing home facility has a net loss for the most
587recent fiscal year as determined under generally accepted
588accounting principles, excluding the effects of extraordinary or
589unusual items, as demonstrated in the most recently audited
590financial statement; or
591     (b)  The nursing home facility would have had a pro forma
592loss for the most recent fiscal year, excluding the effects of
593extraordinary or unusual items, if revenues were reduced by the
594amount of revenues from persons in sheltered beds who were not
595residents, as reported on by a certified public accountant.
596
597The agency shall be authorized to grant an extension to the
598provider based on the evidence required in this subsection. The
599agency may request a continuing care facility to use up to 25
600percent of the patient days generated by new admissions of
601nonresidents during the extension period to serve Medicaid
602recipients for those beds authorized for extended use if there
603is a demonstrated need in the respective service area and if
604funds are available. A provider who obtains an extension is
605prohibited from applying for additional sheltered beds under the
606provision of subsection (2), unless additional residential units
607are built or the provider can demonstrate need by continuing
608care facility residents to the Agency for Health Care
609Administration. The 5-year limit does not apply to up to five
610sheltered beds designated for inpatient hospice care as part of
611a contractual arrangement with a hospice licensed under part VI
612of chapter 400. A continuing care facility that uses such beds
613after the 5-year period shall report such use to the Agency for
614Health Care Administration. For purposes of this subsection,
615"resident" means a person who, upon admission to the continuing
616care facility, initially resides in a part of the continuing
617care facility not licensed under part II of chapter 400.
618     Section 14.  Subsections (3) and (4) of section 400.9905,
619Florida Statutes, are renumbered as subsections (4) and (5),
620respectively, and amended, and new subsections (3), (6), and (7)
621are added to said section, to read:
622     400.9905  Definitions.--
623     (3)  "Chief financial officer" means an individual who has
624a bachelor's degree from an accredited university in accounting
625or finance, or a related field, and who is the person
626responsible for the preparation of a clinic's billing.
627     (4)(3)  "Clinic" means an entity at which health care
628services are provided to individuals and which tenders charges
629for reimbursement for such services, including a mobile clinic
630and a portable equipment provider. For purposes of this part,
631the term does not include and the licensure requirements of this
632part do not apply to:
633     (a)  Entities licensed or registered by the state under
634chapter 395; or entities licensed or registered by the state and
635providing only health care services within the scope of services
636authorized under their respective licenses granted under s.
637383.30-383.335, chapter 390, chapter 394, chapter 395, chapter
638397, this chapter except part XIII, chapter 463, chapter 465,
639chapter 466, chapter 478, part I of chapter 483 chapter 480,
640chapter 484, or chapter 651; end-stage renal disease providers
641authorized under 42 C.F.R. part 405, subpart U; or providers
642certified under 42 C.F.R. part 485, subpart B or subpart H, or
643any entity that provides neonatal or pediatric hospital-based
644healthcare services by licensed practitioners solely within a
645hospital licensed under chapter 395.
646     (b)  Entities that own, directly or indirectly, entities
647licensed or registered by the state pursuant to chapter 395; or
648entities that own, directly or indirectly, entities licensed or
649registered by the state and providing only health care services
650within the scope of services authorized pursuant to their
651respective licenses granted under s. 383.30-383.335, chapter
652390, chapter 394, chapter 395, chapter 397, this chapter except
653part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
654part I of chapter 483 chapter 480, chapter 484, or chapter 651,
655end-stage renal disease providers authorized under 42 C.F.R.
656part 405, subpart U, or providers certified under 42 C.F.R. part
657485, subpart B or subpart H, or any entity that provides
658neonatal or pediatric hospital-based healthcare services by
659licensed practitioners solely within a hospital licensed under
660chapter 395.
661     (c)  Entities that are owned, directly or indirectly, by an
662entity licensed or registered by the state pursuant to chapter
663395; or entities that are owned, directly or indirectly, by an
664entity licensed or registered by the state and providing only
665health care services within the scope of services authorized
666pursuant to their respective licenses granted under s. 383.30-
667383.335, chapter 390, chapter 394, chapter 395, chapter 397,
668this chapter except part XIII, chapter 463, chapter 465, chapter
669466, chapter 478, part I of chapter 483 chapter 480, chapter
670484, or chapter 651; end-stage renal disease providers
671authorized under 42 C.F.R. part 405, subpart U; or providers
672certified under 42 C.F.R. part 485, subpart B or subpart H, or
673any entity that provides neonatal or pediatric hospital-based
674healthcare services by licensed practitioners solely within a
675hospital under chapter 395.
676     (d)  Entities that are under common ownership, directly or
677indirectly, with an entity licensed or registered by the state
678pursuant to chapter 395; or entities that are under common
679ownership, directly or indirectly, with an entity licensed or
680registered by the state and providing only health care services
681within the scope of services authorized pursuant to their
682respective licenses granted under s. 383.30-383.335, chapter
683390, chapter 394, chapter 395, chapter 397, this chapter except
684part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
685part I of chapter 483 480, chapter 484, or chapter 651; end-
686stage renal disease providers authorized under 42 C.F.R. part
687405, subpart U; or providers certified under 42 C.F.R. part 485,
688subpart B or subpart H or any entity that provides neonatal or
689pediatric hospital-based healthcare services by licensed
690practitioners solely within a hospital licensed under chapter
691395.
692     (e)  An entity that is exempt from federal taxation under
69326 U.S.C. s. 501(c)(3) or s. 501(c)(4) and any community college
694or university clinic, and any entity owned or operated by
695federal or state government, including agencies, subdivisions,
696or municipalities thereof.
697     (f) A sole proprietorship, group practice, partnership, or
698corporation that provides health care services by physicians
699covered by s. 627.419, that is directly supervised by one or
700more of such physicians, and that is wholly owned by one or more
701of those physicians or by a physician and the spouse, child, or
702sibling of that physician.
703     (g)(f)  A sole proprietorship, group practice, partnership,
704or corporation that provides health care services by licensed
705health care practitioners under chapter 457, chapter 458,
706chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
707chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
708chapter 490, chapter 491, or part I, part III, part X, part
709XIII, or part XIV of chapter 468, or s. 464.012, which are
710wholly owned by one or more a licensed health care practitioners
711practitioner, or the licensed health care practitioners set
712forth in this paragraph practitioner and the spouse, parent, or
713child, or sibling of a licensed health care practitioner, so
714long as one of the owners who is a licensed health care
715practitioner is supervising the business activities services
716performed therein and is legally responsible for the entity's
717compliance with all federal and state laws. However, a health
718care practitioner may not supervise services beyond the scope of
719the practitioner's license, except that, for the purposes of
720this part, a clinic owned by a licensee in s. 456.053(3)(b) that
721provides only services authorized pursuant to s. 456.053(3)(b)
722may be supervised by a licensee specified in s. 456.053(3)(b).
723     (h)(g)  Clinical facilities affiliated with an accredited
724medical school at which training is provided for medical
725students, residents, or fellows.
726     (i)  Entities that provide only oncology or radiation
727therapy services by physicians licensed under chapter 458 or
728chapter 459.
729     (5)(4)  "Medical director" means a physician who is
730employed or under contract with a clinic and who maintains a
731full and unencumbered physician license in accordance with
732chapter 458, chapter 459, chapter 460, or chapter 461. However,
733if the clinic does not provide services pursuant to the
734respective physician practices acts listed in this subsection,
735it is limited to providing health care services pursuant to
736chapter 457, chapter 484, chapter 486, chapter 490, or chapter
737491 or part I, part III, part X, part XIII, or part XIV of
738chapter 468, the clinic may appoint a Florida-licensed health
739care practitioner who does not provide services pursuant to the
740respective physician practices acts listed in this subsection
741licensed under that chapter to serve as a clinic director who is
742responsible for the clinic's activities. A health care
743practitioner may not serve as the clinic director if the
744services provided at the clinic are beyond the scope of that
745practitioner's license, except that a licensee specified in s.
746456.053(3)(b) who provides only services authorized pursuant to
747s. 456.053(3)(b) may serve as clinic director of an entity
748providing services as specified in s. 456.053(3)(b).
749     (6)  "Mobile clinic" means a movable or detached self-
750contained health care unit within or from which direct health
751care services are provided to individuals and which otherwise
752meets the definition of a clinic in subsection (4).
753     (7)  "Portable equipment provider" means an entity that
754contracts with or employs persons to provide portable equipment
755to multiple locations performing treatment or diagnostic testing
756of individuals, that bills third-party payors for those
757services, and that otherwise meets the definition of a clinic in
758subsection (4).
759     Section 15.  The creation of s. 400.9905(4)(i), Florida
760Statutes, by this act is intended to clarify the legislative
761intent of this provision as it existed at the time the
762provisions initially took effect as ss. 456.0375(1)(b) and
763400.9905(4)(i), Florida Statutes, as created by this act, shall
764operate retroactively to October 1, 2001. Nothing in this
765section shall be construed as amending, modifying, limiting, or
766otherwise affecting in any way the legislative intent, scope,
767terms, prohibition, or requirements of s. 456.053, Florida
768Statutes.
769     Section 16.  Effective upon this act becoming a law and
770applicable retroactively to March 1, 2004, subsections (1), (2),
771and (3) and paragraphs (a) and (b) of subsection (7) of section
772400.991, Florida Statutes, are amended to read:
773     400.991  License requirements; background screenings;
774prohibitions.--
775     (1)(a)  Each clinic, as defined in s. 400.9905, must be
776licensed and shall at all times maintain a valid license with
777the agency. Each clinic location shall be licensed separately
778regardless of whether the clinic is operated under the same
779business name or management as another clinic.
780     (b)  Each mobile clinic must obtain a separate health care
781clinic license and clinics must provide to the agency, at least
782quarterly, its their projected street location locations to
783enable the agency to locate and inspect such clinic clinics. A
784portable equipment provider must obtain a health care clinic
785license for a single administrative office and is not required
786to submit quarterly projected street locations.
787     (2)  The initial clinic license application shall be filed
788with the agency by all clinics, as defined in s. 400.9905, on or
789before July March 1, 2004. A clinic license must be renewed
790biennially.
791     (3)  Applicants that submit an application on or before
792July March 1, 2004, which meets all requirements for initial
793licensure as specified in this section shall receive a temporary
794license until the completion of an initial inspection verifying
795that the applicant meets all requirements in rules authorized in
796s. 400.9925. However, a clinic engaged in magnetic resonance
797imaging services may not receive a temporary license unless it
798presents evidence satisfactory to the agency that such clinic is
799making a good faith effort and substantial progress in seeking
800accreditation required under s. 400.9935.
801     (7)  Each applicant for licensure shall comply with the
802following requirements:
803     (a)  As used in this subsection, the term "applicant" means
804individuals owning or controlling, directly or indirectly, 5
805percent or more of an interest in a clinic; the medical or
806clinic director, or a similarly titled person who is responsible
807for the day-to-day operation of the licensed clinic; the
808financial officer or similarly titled individual who is
809responsible for the financial operation of the clinic; and
810licensed health care practitioners medical providers at the
811clinic.
812     (b)  Upon receipt of a completed, signed, and dated
813application, the agency shall require background screening of
814the applicant, in accordance with the level 2 standards for
815screening set forth in chapter 435. Proof of compliance with the
816level 2 background screening requirements of chapter 435 which
817has been submitted within the previous 5 years in compliance
818with any other health care licensure requirements of this state
819is acceptable in fulfillment of this paragraph. Applicants who
820own less than 10 percent of a health care clinic are not
821required to submit fingerprints under this section.
822     Section 17.  Paragraph (g) of subsection (1), subsection
823(9), and paragraph (b) of subsection (11) of section 400.9935,
824Florida Statutes, are amended to read:
825     400.9935  Clinic responsibilities.--
826     (1)  Each clinic shall appoint a medical director or clinic
827director who shall agree in writing to accept legal
828responsibility for the following activities on behalf of the
829clinic. The medical director or the clinic director shall:
830     (g)  Conduct systematic reviews of clinic billings to
831ensure that the billings are not fraudulent or unlawful. Upon
832discovery of an unlawful charge, the medical director or clinic
833director shall take immediate corrective action. If the clinic
834performs only the technical component of magnetic resonance
835imaging, static radiographs, computed tomography, or positron
836emission tomography and provides the professional interpretation
837of such services, in a fixed facility that is accredited by the
838Joint Commission on Accreditation of Healthcare Organizations or
839the Accreditation Association for Ambulatory Health Care and the
840American College of Radiology, and if, in the preceding quarter,
841the percentage of scans performed by that clinic that were
842billed to a personal injury protection insurance carrier was
843less than 15 percent, the chief financial officer of the clinic
844may, in a written acknowledgment provided to the agency, assume
845the responsibility for the conduct of the systematic reviews of
846clinic billings to ensure that the billings are not fraudulent
847or unlawful.
848     (9)  Any person or entity providing health care services
849which is not a clinic, as defined under s. 400.9905, may
850voluntarily apply for a certificate of exemption from licensure
851under its exempt status with the agency on a form that sets
852forth its name or names and addresses, a statement of the
853reasons why it cannot be defined as a clinic, and other
854information deemed necessary by the agency. An exemption is not
855transferable. The agency may charge an applicant for a
856certificate of exemption in an amount equal to $100 or the
857actual cost of processing the certificate, whichever is less.
858     (11)
859     (b)  The agency may deny disallow the application or revoke
860the license of any entity formed for the purpose of avoiding
861compliance with the accreditation provisions of this subsection
862and whose principals were previously principals of an entity
863that was unable to meet the accreditation requirements within
864the specified timeframes. The agency may adopt rules as to the
865accreditation of magnetic resonance imaging clinics.
866     Section 18.  Subsections (1) and (3) of section 400.995,
867Florida Statutes, are amended, and a new subsection (10) is
868added to said section, to read:
869     400.995  Agency administrative penalties.--
870     (1)  The agency may deny the application for a license
871renewal, revoke or suspend the license, and impose
872administrative fines penalties against clinics of up to $5,000
873per violation for violations of the requirements of this part or
874rules of the agency. In determining if a penalty is to be
875imposed and in fixing the amount of the fine, the agency shall
876consider the following factors:
877     (a)  The gravity of the violation, including the
878probability that death or serious physical or emotional harm to
879a patient will result or has resulted, the severity of the
880action or potential harm, and the extent to which the provisions
881of the applicable laws or rules were violated.
882     (b)  Actions taken by the owner, medical director, or
883clinic director to correct violations.
884     (c)  Any previous violations.
885     (d)  The financial benefit to the clinic of committing or
886continuing the violation.
887     (3)  Any action taken to correct a violation shall be
888documented in writing by the owner, medical director, or clinic
889director of the clinic and verified through followup visits by
890agency personnel. The agency may impose a fine and, in the case
891of an owner-operated clinic, revoke or deny a clinic's license
892when a clinic medical director or clinic director knowingly
893fraudulently misrepresents actions taken to correct a violation.
894     (10)  If the agency issues a notice of intent to deny a
895license application after a temporary license has been issued
896pursuant to s. 400.991(3), the temporary license shall expire on
897the date of the notice and may not be extended during any
898proceeding for administrative or judicial review pursuant to
899chapter 120.
900     Section 19.  The Agency for Health Care Administration is
901directed to make refunds to applicants that submitted their
902health care clinic licensure fees and applications but were
903subsequently exempted from licensure by this act as follows:
904     (1)  Seventy-five percent of the application fee if the
905temporary license has not been issued;
906     (2)  Fifty percent of the application fee if the temporary
907license has been issued but the inspection has not been
908completed; or
909     (3)  No refund if the inspection has been completed.
910     Section 20.  Any person or entity defined as a clinic under
911s. 400.9905, Florida Statutes, shall not be in violation of part
912XIII of chapter 400, Florida Statutes, due to failure to apply
913for a clinic license by March 1, 2004, as previously required by
914s. 400.991, Florida Statutes. Payment to any such person or
915entity by an insurer or other person liable for payment to such
916person or entity may not be denied on the grounds that the
917person or entity failed to apply for or obtain a clinic license
918before March 1, 2004.
919     Section 21.  This act shall take effect upon becoming a
920law.
921
922================= T I T L E  A M E N D M E N T =================
923     Remove the entire title and insert:
924
A bill to be entitled
925An act relating to health care facilities; creating s. 400.0712,
926F.S.; authorizing the Agency for Health Care Administration to
927issue inactive licenses to nursing homes for all or a portion of
928their beds under certain circumstances; providing requirements
929for application for and issuance of such licenses; providing
930rulemaking authority; amending s. 400.071, F.S.; deleting a
931provision relating to issuance of inactive licenses, to conform;
932amending s. 400.021, F.S.; redefining the term "resident care
933plan," as used in part II of ch. 400, F.S.; amending s. 400.23,
934F.S.; providing that certain information from the agency must be
935promptly updated to reflect the most current agency actions;
936amending s. 400.211, F.S.; revising inservice training
937requirements for persons employed as nursing assistants in a
938nursing home facility; amending s. 400.235, F.S.; providing for
939financial stability for Gold Seal for certain nursing
940facilities; amending s. 400.441, F.S.; requiring facilities to
941conduct resident elopement prevention and response drills;
942providing documentation thereof; amending s. 400.619, F.S.;
943removing the requirement that certain moneys deposited into the
944Department of Elderly Affairs Administrative Trust Fund be used
945to offset the expenses of departmental training and education
946for adult family-care home providers; amending s. 408.034, F.S.;
947requiring the nursing-home-bed-need methodology established by
948the agency by rule to include a goal of maintaining a specified
949subdistrict average occupancy rate; amending s. 408.036, F.S.,
950relating to health-care-related projects subject to review for a
951certificate of need; subjecting certain projects relating to
952replacement of a nursing home and relocation of nursing home
953beds to expedited review; revising requirements for certain
954projects relating to the addition of nursing home beds which are
955exempt from review; exempting from review certain projects
956relating to replacement of a licensed nursing home bed on the
957same site or nearby and consolidation or combination of licensed
958nursing homes or transfer of beds between licensed nursing homes
959within the same planning subdistrict; providing rulemaking
960authority; providing for assessment of exemption-request fees;
961amending s. 430.701, F.S.; authorizing the agency to seek
962federal approval prior to seeking a certain waiver relating to
963the long-term care diversion provider network; amending s. 52,
964ch. 2001-45, Laws of Florida; specifying nonapplication of a
965moratorium on certificates of need and authorizing approval of
966certain certificates of need for certain counties; specifying
967nonapplication of the moratorium for the addition of nursing
968home beds in certain counties; providing requirements and
969limitations; providing for repeal upon expiration of the
970moratorium; amending s. 651.118, F.S.; revising provisions
971relating to use of sheltered nursing home beds at a continuing
972care facility by persons who are not residents of the continuing
973care facility; amending s. 400.9905, F.S.; revising and
974providing definitions; amending s. 400.991, F.S.; revising
975health care clinic licensing requirements; requiring separate
976licenses for each mobile clinic; providing licensing
977requirements for portable equipment providers; providing for
978retroactive effect; amending s. 400.9935, F.S.; providing that a
979chief financial officer may assume responsibility for clinic
980billings under certain circumstances; providing that an
981exemption is not transferable; authorizing a fee for a
982certificate of exemption; allowing the agency to deny or revoke
983a license; amending s. 400.995, F.S.; allowing the agency to
984deny the renewal of a license or to revoke or suspend a license;
985prohibiting extension of a temporary license under certain
986circumstances; requiring the Agency for Health Care
987Administration to refund certain application fees; providing
988exceptions for certain late filed applications; providing an
989effective date.


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