Senate Bill sb1062c1

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    Florida Senate - 2004                           CS for SB 1062

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




    317-2520-04

  1                      A bill to be entitled

  2         An act relating to health care facilities;

  3         creating s. 400.0712, F.S.; authorizing the

  4         Agency for Health Care Administration to issue

  5         inactive licenses to nursing homes for all or a

  6         portion of their beds under certain

  7         circumstances; providing requirements for

  8         application for and issuance of such licenses;

  9         providing rulemaking authority; amending s.

10         400.071, F.S.; deleting a provision relating to

11         issuance of inactive licenses, to conform;

12         amending s. 400.021, F.S.; redefining the term

13         "resident care plan," as used in part II of ch.

14         400, F.S.; amending s. 400.23, F.S.; providing

15         that certain information from the agency must

16         be promptly updated to reflect the most current

17         agency actions; amending s. 400.211, F.S.;

18         revising inservice training requirements for

19         persons employed as nursing assistants in a

20         nursing home facility; amending s. 408.034,

21         F.S.; requiring the nursing-home-bed-need

22         methodology established by the agency by rule

23         to include a goal of maintaining a specified

24         subdistrict average occupancy rate; amending s.

25         408.036, F.S., relating to health-care-related

26         projects subject to review for a certificate of

27         need; subjecting certain projects relating to

28         replacement of a nursing home and relocation of

29         nursing home beds to expedited review; revising

30         requirements for certain projects relating to

31         the addition of nursing home beds which are

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    Florida Senate - 2004                           CS for SB 1062
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 1         exempt from review; exempting from review

 2         certain projects relating to replacement of a

 3         licensed nursing home bed on the same site or

 4         nearby and consolidation or combination of

 5         licensed nursing homes or transfer of beds

 6         between licensed nursing homes within the same

 7         planning subdistrict; providing rulemaking

 8         authority; providing for assessment of

 9         exemption-request fees; amending s. 52, ch.

10         2001-45, Laws of Florida; specifying

11         nonapplication of a moratorium on certificates

12         of need and authorizing approval of certain

13         certificates of need for certain counties under

14         certain circumstances; providing review

15         requirements and bed limitations; amending s.

16         651.118, F.S.; revising provisions relating to

17         use of sheltered nursing home beds at a

18         continuing care facility by persons who are not

19         residents of the continuing care facility;

20         providing an effective date.

21  

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

23  

24         Section 1.  Section 400.0712, Florida Statutes, is

25  created to read:

26         400.0712  Application for inactive license.--

27         (1)  As specified in this section, the agency may issue

28  an inactive license to a nursing home facility for all or a

29  portion of its beds. Any request by a licensee that a nursing

30  home or portion of a nursing home become inactive must be

31  submitted to the agency in the format specified by the agency.

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    Florida Senate - 2004                           CS for SB 1062
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 1  The facility may not initiate any suspension of services,

 2  notify residents, or initiate facility closure before

 3  receiving approval from the agency; and a facility that

 4  violates this provision shall not be issued an inactive

 5  license. Upon agency approval of an inactive license, the

 6  nursing home shall notify residents of any necessary discharge

 7  or transfer as provided in s. 400.0255.

 8         (2)  The agency may issue an inactive license to a

 9  nursing home that chooses to use an unoccupied contiguous

10  portion of the facility for an alternative use to meet the

11  needs of elderly persons through the use of less restrictive,

12  less institutional services.

13         (a)  An inactive license issued under this subsection

14  may be granted for a period not to exceed 12 months but may be

15  renewed annually by the agency for 12 months.

16         (b)  A request to extend the inactive license must be

17  submitted to the agency in the format specified by the agency

18  and is not effective unless approved by the agency in writing.

19         (c)  Nursing homes that receive an inactive license to

20  provide alternative services shall not receive preference for

21  participation in the Assisted Living for the Elderly Medicaid

22  waiver.

23         (3)  The agency may issue an inactive license to a

24  nursing home that will be temporarily unable to provide

25  services but is reasonably expected to resume services.

26         (a)  An inactive license issued under this subsection

27  may be issued for a period not to exceed 12 months and may be

28  renewed by the agency for an additional 6 months upon

29  demonstration of progress toward reopening.

30  

31  

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    Florida Senate - 2004                           CS for SB 1062
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 1         (b)  All licensure fees must be current and paid in

 2  full, and may be prorated as provided by agency rule, before

 3  the inactive license is issued.

 4         (c)  Reactivation of an inactive license requires that

 5  the applicant pay all licensure fees and the facility be

 6  inspected by the agency to confirm compliance with this part

 7  and applicable rules.

 8         (4)  The agency shall adopt rules pursuant to ss.

 9  120.536(1) and 120.54 as necessary to implement this section.

10         Section 2.  Subsections (10), (11), and (12) of section

11  400.071, Florida Statutes, are amended to read:

12         400.071  Application for license.--

13         (10)  The agency may issue an inactive license to a

14  nursing home that will be temporarily unable to provide

15  services but that is reasonably expected to resume services.

16  Such designation may be made for a period not to exceed 12

17  months but may be renewed by the agency for up to 6 additional

18  months. Any request by a licensee that a nursing home become

19  inactive must be submitted to the agency and approved by the

20  agency prior to initiating any suspension of service or

21  notifying residents. Upon agency approval, the nursing home

22  shall notify residents of any necessary discharge or transfer

23  as provided in s. 400.0255.

24         (10)(11)  As a condition of licensure, each facility

25  must establish and submit with its application a plan for

26  quality assurance and for conducting risk management.

27         (11)(12)  The applicant must provide the agency with

28  proof of a legal right to occupy the property before a license

29  may be issued. Proof may include, but is not limited to,

30  copies of warranty deeds, lease or rental agreements,

31  contracts for deeds, or quitclaim deeds.

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    Florida Senate - 2004                           CS for SB 1062
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 1         Section 3.  Subsection (17) 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         (17)  "Resident care plan" means a written plan

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

 7  a registered nurse, with participation from other facility

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

 9  representative, which includes a comprehensive assessment of

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

11  services required to provide the necessary care for the

12  resident to attain or maintain the highest practicable

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

14  services provided within or outside the facility to meet those

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

16  plan must be signed by the director of nursing or another

17  registered nurse employed by the facility to whom

18  institutional responsibilities have been delegated and by the

19  resident, the resident's designee, or the resident's legal

20  representative. The facility may not use an agency or

21  temporary registered nurse to satisfy the foregoing

22  requirement and must document the institutional

23  responsibilities that have been delegated to the registered

24  nurse.

25         Section 4.  Subsection (10) is added to section 400.23,

26  Florida Statutes, to read:

27         400.23  Rules; evaluation and deficiencies; licensure

28  status.--

29         (10)  Agency records, reports, ranking systems,

30  Internet information, and publications must be promptly

31  updated to reflect the most current agency actions.

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    Florida Senate - 2004                           CS for SB 1062
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 1         Section 5.  Subsection (4) of section 400.211, Florida

 2  Statutes, is amended to read:

 3         400.211  Persons employed as nursing assistants;

 4  certification requirement.--

 5         (4)  When employed by a nursing home facility for a

 6  12-month period or longer, a nursing assistant, to maintain

 7  certification, shall submit to a performance review every 12

 8  months and must receive regular inservice education based on

 9  the outcome of such reviews. The inservice training must:

10         (a)  Be sufficient to ensure the continuing competence

11  of nursing assistants and must meet the standard specified in

12  s. 464.203(7), must be at least 18 hours per year, and may

13  include hours accrued under s. 464.203(8);

14         (b)  Include, at a minimum:

15         1.  Techniques for assisting with eating and proper

16  feeding;

17         2.  Principles of adequate nutrition and hydration;

18         3.  Techniques for assisting and responding to the

19  cognitively impaired resident or the resident with difficult

20  behaviors;

21         4.  Techniques for caring for the resident at the

22  end-of-life; and

23         5.  Recognizing changes that place a resident at risk

24  for pressure ulcers and falls; and

25         (c)  Address areas of weakness as determined in nursing

26  assistant performance reviews and may address the special

27  needs of residents as determined by the nursing home facility

28  staff.

29  

30  Costs associated with this training may not be reimbursed from

31  additional Medicaid funding through interim rate adjustments.

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    Florida Senate - 2004                           CS for SB 1062
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 1         Section 6.  Subsection (5) of section 408.034, Florida

 2  Statutes, is amended to read:

 3         408.034  Duties and responsibilities of agency;

 4  rules.--

 5         (5)  The agency shall establish by rule a

 6  nursing-home-bed-need methodology that has a goal of

 7  maintaining a subdistrict average occupancy rate of 94 percent

 8  and that reduces the community nursing home bed need for the

 9  areas of the state where the agency establishes pilot

10  community diversion programs through the Title XIX aging

11  waiver program.

12         Section 7.  Paragraphs (g) and (h) are added to

13  subsection (2) of section 408.036, Florida Statutes, paragraph

14  (p) of subsection (3) is amended, paragraphs (u) and (v) are

15  added to subsection (3) of that section, and subsection (4) of

16  that section is reenacted to read:

17         408.036  Projects subject to review; exemptions.--

18         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

19  exempt pursuant to subsection (3), projects subject to an

20  expedited review shall include, but not be limited to:

21         (g)  Replacement of a nursing home within the same

22  district, provided the proposed project site is located within

23  a geographic area that contains at least 65 percent of the

24  facility's current residents and is within a 30-mile radius of

25  the replaced nursing home.

26         (h)  Relocation of a portion of a nursing home's

27  licensed beds to a facility within the same district, provided

28  the relocation is within a 30-mile radius of the existing

29  facility and the total number of nursing home beds in the

30  district does not increase.

31  

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    Florida Senate - 2004                           CS for SB 1062
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 1  The agency shall develop rules to implement the provisions for

 2  expedited review, including time schedule, application content

 3  which may be reduced from the full requirements of s.

 4  408.037(1), and application processing.

 5         (3)  EXEMPTIONS.--Upon request, the following projects

 6  are subject to exemption from the provisions of subsection

 7  (1):

 8         (p)  For the addition of nursing home beds licensed

 9  under chapter 400 in a number not exceeding 10 total beds or

10  10 percent of the number of beds licensed in the facility

11  being expanded, whichever is greater, or for the addition of

12  nursing home beds licensed under chapter 400 at a facility

13  that has been designated as a Gold Seal nursing home under s.

14  400.235 in a number not exceeding 20 total beds or 10 percent

15  of the number of beds licensed in the facility being expanded,

16  whichever is greater.

17         1.  In addition to any other documentation required by

18  the agency, a request for exemption submitted under this

19  paragraph must:

20         a.  Effective until June 30, 2001, Certify that the

21  facility has not had any class I or class II deficiencies

22  within the 30 months preceding the request for addition.

23         b.  Effective on July 1, 2001, certify that the

24  facility has been designated as a Gold Seal nursing home under

25  s. 400.235.

26         b.c.  Certify that the prior 12-month average occupancy

27  rate for the nursing home beds at the facility meets or

28  exceeds 96 percent.

29         c.d.  Certify that any beds authorized for the facility

30  under this paragraph before the date of the current request

31  

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    Florida Senate - 2004                           CS for SB 1062
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 1  for an exemption have been licensed and operational for at

 2  least 12 months.

 3         2.  The timeframes and monitoring process specified in

 4  s. 408.040(2)(a)-(c) apply to any exemption issued under this

 5  paragraph.

 6         3.  The agency shall count beds authorized under this

 7  paragraph as approved beds in the published inventory of

 8  nursing home beds until the beds are licensed.

 9         (u)  For replacement of a licensed nursing home on the

10  same site, or within 3 miles of the same site, provided the

11  number of licensed beds does not increase.

12         (v)  For consolidation or combination of licensed

13  nursing homes or transfer of beds between licensed nursing

14  homes within the same planning subdistrict, by providers that

15  operate multiple nursing homes within that planning

16  subdistrict, provided there is no increase in the planning

17  subdistrict total of nursing home beds and the relocation does

18  not exceed 30 miles from the original location.

19         (4)  A request for exemption under subsection (3) may

20  be made at any time and is not subject to the batching

21  requirements of this section. The request shall be supported

22  by such documentation as the agency requires by rule. The

23  agency shall assess a fee of $250 for each request for

24  exemption submitted under subsection (3).

25         Section 8.  Section 52 of chapter 2001-45, Laws of

26  Florida, as amended by section 1693 of chapter 2003-261, Laws

27  of Florida, is amended to read:

28         Section 52.  (1)  Notwithstanding the establishment of

29  need as provided for in chapter 408, Florida Statutes, no

30  certificate of need for additional community nursing home beds

31  shall be approved by the agency until July 1, 2006.

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    Florida Senate - 2004                           CS for SB 1062
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 1         (2)  The Legislature finds that the continued growth in

 2  the Medicaid budget for nursing home care has constrained the

 3  ability of the state to meet the needs of its elderly

 4  residents through the use of less restrictive and less

 5  institutional methods of long-term care. It is therefore the

 6  intent of the Legislature to limit the increase in Medicaid

 7  nursing home expenditures in order to provide funds to invest

 8  in long-term care that is community-based and provides

 9  supportive services in a manner that is both more

10  cost-effective and more in keeping with the wishes of the

11  elderly residents of this state.

12         (3)  This moratorium on certificates of need shall not

13  apply to sheltered nursing home beds in a continuing care

14  retirement community certified by the former Department of

15  Insurance or by the Office of Insurance Regulation pursuant to

16  chapter 651, Florida Statutes.

17         (4)(a)  The moratorium on certificates of need does not

18  apply and a certificate of need for additional community

19  nursing home beds may be approved for a county that meets the

20  following circumstances:

21         1.  The county has no community nursing home beds; and

22         2.  The lack of community nursing home beds occurs

23  because all nursing home beds in the county which were

24  licensed on July 1, 2001, have subsequently closed.

25         (b)  The certificate-of-need review for such

26  circumstances shall be subject to the comparative review

27  process consistent with the provisions of section 408.039,

28  Florida Statutes, and the number of beds may not exceed the

29  number of beds lost by the county after July 1, 2001.

30  

31  

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    Florida Senate - 2004                           CS for SB 1062
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 1  This subsection shall be repealed upon the expiration of the

 2  moratorium established in subsection (1).

 3         (5)  The moratorium on certificates of need does not

 4  apply for the addition of nursing home beds licensed under

 5  chapter 400, Florida Statutes, to a nursing home located in a

 6  county having up to 50,000 residents, in a number not

 7  exceeding 10 total beds or 10 percent of the number of beds

 8  licensed in the facility being expanded, whichever is greater.

 9  In addition to any other documentation required by the agency,

10  a request submitted under this subsection must:

11         (a)  Certify that the facility has not had any class I

12  or class II deficiencies within the 30 months preceding the

13  request for addition.

14         (b)  Certify that the prior 12-month average occupancy

15  rate for the nursing home beds at the facility meets or

16  exceeds 94 percent and the facility has not had any class I or

17  class II deficiencies since its initial licensure.

18         (c)  For a facility that has been licensed for less

19  than 24 months, certify that the prior 6-month average

20  occupancy rate for the nursing home beds at the facility meets

21  or exceeds 94 percent and that the facility has not had any

22  class I or class II deficiencies since its initial licensure.

23  

24  This subsection shall be repealed upon the expiration of the

25  moratorium established in subsection (1).

26         Section 9.  Subsection (7) of section 651.118, Florida

27  Statutes, is amended to read:

28         651.118  Agency for Health Care Administration;

29  certificates of need; sheltered beds; community beds.--

30         (7)  Notwithstanding the provisions of subsection (2),

31  at the discretion of the continuing care provider, sheltered

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    Florida Senate - 2004                           CS for SB 1062
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 1  nursing home beds may be used for persons who are not

 2  residents of the continuing care facility and who are not

 3  parties to a continuing care contract for a period of up to 5

 4  years after the date of issuance of the initial nursing home

 5  license. A provider whose 5-year period has expired or is

 6  expiring may request the Agency for Health Care Administration

 7  for an extension, not to exceed 30 percent of the total

 8  sheltered nursing home beds, if the utilization by residents

 9  of the nursing home facility in the sheltered beds will not

10  generate sufficient income to cover nursing home facility

11  expenses, as evidenced by one of the following:

12         (a)  The nursing home facility has a net loss for the

13  most recent fiscal year as determined under generally accepted

14  accounting principles, excluding the effects of extraordinary

15  or unusual items, as demonstrated in the most recently audited

16  financial statement; or

17         (b)  The nursing home facility would have had a pro

18  forma loss for the most recent fiscal year, excluding the

19  effects of extraordinary or unusual items, if revenues were

20  reduced by the amount of revenues from persons in sheltered

21  beds who were not residents, as reported on by a certified

22  public accountant.

23  

24  The agency shall be authorized to grant an extension to the

25  provider based on the evidence required in this subsection.

26  The agency may request a continuing care facility to use up to

27  25 percent of the patient days generated by new admissions of

28  nonresidents during the extension period to serve Medicaid

29  recipients for those beds authorized for extended use if there

30  is a demonstrated need in the respective service area and if

31  funds are available. A provider who obtains an extension is

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    Florida Senate - 2004                           CS for SB 1062
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 1  prohibited from applying for additional sheltered beds under

 2  the provision of subsection (2), unless additional residential

 3  units are built or the provider can demonstrate need by

 4  continuing care facility residents to the Agency for Health

 5  Care Administration. The 5-year limit does not apply to up to

 6  five sheltered beds designated for inpatient hospice care as

 7  part of a contractual arrangement with a hospice licensed

 8  under part VI of chapter 400. A continuing care facility that

 9  uses such beds after the 5-year period shall report such use

10  to the Agency for Health Care Administration. For purposes of

11  this subsection, "resident" means a person who, upon admission

12  to the continuing care facility, initially resides in a part

13  of the continuing care facility not licensed under part II of

14  chapter 400.

15         Section 10.  This act shall take effect upon becoming a

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1062

20                                 

21  The Committee Substitute does not create a new section of law
    for alternative use of nursing homes but creates instead a new
22  section of law for the issuance of an inactive license for a
    nursing home and repeals the current provision.
23  
    A new exception to the moratorium on certificates of need is
24  created for the addition of beds in a nursing home in a county
    of fewer than 50,000 residents.
25  

26  

27  

28  

29  

30  

31  

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