Senate Bill sb1344c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 1344
By the Committees on Regulated Industries; Health, Aging, and
Long-Term Care; and Senator Constantine
315-2296-04
1 A bill to be entitled
2 An act relating to hospice facilities; amending
3 s. 553.73, F.S.; including hospice facilities
4 in the Florida Building Code; amending s.
5 400.605, F.S.; deleting provisions requiring
6 the Department of Elderly Affairs to adopt
7 physical plant standards for hospice
8 facilities; amending s. 400.601, F.S.;
9 redefining the term "hospice"; creating s.
10 400.6055, F.S.; requiring construction
11 standards for hospice facilities to comply with
12 the Florida Building Code; requiring the Agency
13 for Health Care Administration to provide
14 technical assistance to the Florida Building
15 Commission to update the Florida Building Code
16 for hospice facilities; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsection (2) of section 553.73, Florida
22 Statutes, is amended to read:
23 553.73 Florida Building Code.--
24 (2) The Florida Building Code shall contain provisions
25 or requirements for public and private buildings, structures,
26 and facilities relative to structural, mechanical, electrical,
27 plumbing, energy, and gas systems, existing buildings,
28 historical buildings, manufactured buildings, elevators,
29 coastal construction, lodging facilities, food sales and food
30 service facilities, health care facilities, including assisted
31 living facilities, adult day care facilities, hospice
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Florida Senate - 2004 CS for CS for SB 1344
315-2296-04
1 residential and inpatient facilities and units, and facilities
2 for the control of radiation hazards, public or private
3 educational facilities, swimming pools, and correctional
4 facilities and enforcement of and compliance with such
5 provisions or requirements. Further, the Florida Building Code
6 must provide for uniform implementation of ss. 515.25, 515.27,
7 and 515.29 by including standards and criteria for residential
8 swimming pool barriers, pool covers, latching devices, door
9 and window exit alarms, and other equipment required therein,
10 which are consistent with the intent of s. 515.23. Technical
11 provisions to be contained within the Florida Building Code
12 are restricted to requirements related to the types of
13 materials used and construction methods and standards employed
14 in order to meet criteria specified in the Florida Building
15 Code. Provisions relating to the personnel, supervision or
16 training of personnel, or any other professional qualification
17 requirements relating to contractors or their workforce may
18 not be included within the Florida Building Code, and
19 subsections (4), (5), (6), and (7) are not to be construed to
20 allow the inclusion of such provisions within the Florida
21 Building Code by amendment. This restriction applies to both
22 initial development and amendment of the Florida Building
23 Code.
24 Section 2. Subsection (1) of section 400.605, Florida
25 Statutes, is amended to read:
26 400.605 Administration; forms; fees; rules;
27 inspections; fines.--
28 (1) The department, in consultation with the agency,
29 shall by rule establish minimum standards and procedures for a
30 hospice. The rules must include:
31 (a) License application procedures and requirements.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 1344
315-2296-04
1 (b) The qualifications of professional and ancillary
2 personnel to ensure the provision of appropriate and adequate
3 hospice care.
4 (c) Standards and procedures for the administrative
5 management of a hospice.
6 (d) Standards for hospice services that ensure the
7 provision of quality patient care.
8 (e) Components of a patient plan of care.
9 (f) Procedures relating to the implementation of
10 advanced directives and do-not-resuscitate orders.
11 (g) Procedures for maintaining and ensuring
12 confidentiality of patient records.
13 (h) Standards for hospice care provided in
14 freestanding inpatient facilities that are not otherwise
15 licensed medical facilities and in residential care facilities
16 such as nursing homes, assisted living facilities, adult
17 family care homes, and hospice residential units and
18 facilities.
19 (i) Physical plant standards for hospice residential
20 and inpatient facilities and units.
21 (i)(j) Components of a comprehensive emergency
22 management plan, developed in consultation with the Department
23 of Health, the Department of Elderly Affairs, and the
24 Department of Community Affairs.
25 (j)(k) Standards and procedures relating to the
26 establishment and activities of a quality assurance and
27 utilization review committee.
28 (k)(l) Components and procedures relating to the
29 collection of patient demographic data and other information
30 on the provision of hospice care in this state.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 1344
315-2296-04
1 Section 3. Subsection (3) of section 400.601, Florida
2 Statutes, is amended to read:
3 400.601 Definitions.--As used in this part, the term:
4 (3) "Hospice" means a centrally administered
5 corporation not for profit, as defined in chapter 617, and
6 exempt from federal taxation under s. 501(c)(3) of the
7 Internal Revenue Code, providing a continuum of palliative and
8 supportive care for the terminally ill patient and his or her
9 family.
10 Section 4. Section 400.6055, Florida Statutes, is
11 created to read:
12 400.6055 Construction and renovation;
13 requirements.--The requirements for the construction and the
14 renovation of a hospice residential or inpatient facility or
15 unit must comply with the provisions of chapter 553 which
16 pertain to building construction standards, including
17 plumbing, electrical, glass, manufactured buildings,
18 accessibility by physically handicapped persons, and the state
19 minimum building codes. The Agency for Health Care
20 Administration shall provide technical assistance to the
21 Florida Building Commission in updating the construction
22 standards of the Florida Building Code relative to hospice
23 facilities.
24 Section 5. This act shall take effect July 1, 2004.
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26 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
27 CS for SB 1344
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29 The committee substitute amends s. 400.601, F.S., to redefine
the term "hospice" to provide that the corporation must be
30 exempt from federal taxation under s. 501(c)(3) of the
Internal Revenue Code.
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