HB 1109CS

CHAMBER ACTION




1The Committee on Future of Florida's Families recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to hospice facilities; amending s. 553.73,
8F.S.; including certain hospice facilities in the Florida
9Building Code; amending s. 400.601, F.S.; limiting the
10definition of hospice to an entity exempt from federal
11taxation under s. 501(c)(3) of the Internal Revenue Code;
12amending s. 400.605, F.S.; deleting a provision requiring
13the Department of Elderly Affairs to adopt physical plant
14standards for hospice facilities; creating s. 400.6055,
15F.S.; requiring construction standards for certain hospice
16facilities to comply with the Florida Building Code;
17requiring the Agency for Health Care Administration to
18provide technical assistance to the Florida Building
19Commission to update the Florida Building Code for hospice
20facilities; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (2) of section 553.73, Florida
25Statutes, is amended to read:
26     553.73  Florida Building Code.--
27     (2)  The Florida Building Code shall contain provisions or
28requirements for public and private buildings, structures, and
29facilities relative to structural, mechanical, electrical,
30plumbing, energy, and gas systems, existing buildings,
31historical buildings, manufactured buildings, elevators, coastal
32construction, lodging facilities, food sales and food service
33facilities, health care facilities, including assisted living
34facilities, adult day care facilities, hospice residential and
35inpatient facilities and units, and facilities for the control
36of radiation hazards, public or private educational facilities,
37swimming pools, and correctional facilities and enforcement of
38and compliance with such provisions or requirements. Further,
39the Florida Building Code must provide for uniform
40implementation of ss. 515.25, 515.27, and 515.29 by including
41standards and criteria for residential swimming pool barriers,
42pool covers, latching devices, door and window exit alarms, and
43other equipment required therein, which are consistent with the
44intent of s. 515.23. Technical provisions to be contained within
45the Florida Building Code are restricted to requirements related
46to the types of materials used and construction methods and
47standards employed in order to meet criteria specified in the
48Florida Building Code. Provisions relating to the personnel,
49supervision or training of personnel, or any other professional
50qualification requirements relating to contractors or their
51workforce may not be included within the Florida Building Code,
52and subsections (4), (5), (6), and (7) are not to be construed
53to allow the inclusion of such provisions within the Florida
54Building Code by amendment. This restriction applies to both
55initial development and amendment of the Florida Building Code.
56     Section 2.  Subsection (3) of section 400.601, Florida
57Statutes, is amended to read:
58     400.601  Definitions.--As used in this part, the term:
59     (3)  "Hospice" means a centrally administered corporation
60not for profit, as defined in chapter 617, exempt from federal
61taxation under s. 501(c)(3) of the Internal Revenue Code of
621986, as amended, providing a continuum of palliative and
63supportive care for the terminally ill patient and his or her
64family.
65     Section 3.  Subsection (1) of section 400.605, Florida
66Statutes, is amended to read:
67     400.605  Administration; forms; fees; rules; inspections;
68fines.--
69     (1)  The department, in consultation with the agency, shall
70by rule establish minimum standards and procedures for a
71hospice. The rules must include:
72     (a)  License application procedures and requirements.
73     (b)  The qualifications of professional and ancillary
74personnel to ensure the provision of appropriate and adequate
75hospice care.
76     (c)  Standards and procedures for the administrative
77management of a hospice.
78     (d)  Standards for hospice services that ensure the
79provision of quality patient care.
80     (e)  Components of a patient plan of care.
81     (f)  Procedures relating to the implementation of advanced
82directives and do-not-resuscitate orders.
83     (g)  Procedures for maintaining and ensuring
84confidentiality of patient records.
85     (h)  Standards for hospice care provided in freestanding
86inpatient facilities that are not otherwise licensed medical
87facilities and in residential care facilities such as nursing
88homes, assisted living facilities, adult family care homes, and
89hospice residential units and facilities.
90     (i)  Physical plant standards for hospice residential and
91inpatient facilities and units.
92     (i)(j)  Components of a comprehensive emergency management
93plan, developed in consultation with the Department of Health,
94the Department of Elderly Affairs, and the Department of
95Community Affairs.
96     (j)(k)  Standards and procedures relating to the
97establishment and activities of a quality assurance and
98utilization review committee.
99     (k)(l)  Components and procedures relating to the
100collection of patient demographic data and other information on
101the provision of hospice care in this state.
102     Section 4.  Section 400.6055, Florida Statutes, is created
103to read:
104     400.6055  Construction and renovation; requirements.--The
105requirements for the construction and the renovation of hospice
106residential or inpatient facilities or units must comply with
107the provisions of chapter 553 which pertain to building
108construction standards, including plumbing, electrical, glass,
109manufactured buildings, accessibility by physically handicapped
110persons, and the state minimum building codes. The Agency for
111Health Care Administration shall provide technical assistance to
112the Florida Building Commission in updating the construction
113standards of the Florida Building Code relative to hospice
114facilities.
115     Section 5.  This act shall take effect July 1, 2004.


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