Senate Bill sb1680e2

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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the licensure of health care

  3         providers; designating parts I, II, III, and IV

  4         of ch. 408, F.S., relating to health care

  5         administration; creating ss. 408.801-408.819,

  6         F.S.; amending ss. 400.991, 400.9915, 400.992,

  7         400.9925, 400.993, 400.9935, and 400.995, F.S.,

  8         and repealing ss. 400.9905(2), 400.994, and

  9         400.9945, F.S., relating to health care

10         clinics; defining terms; providing licensure

11         requirements for mobile clinics; prohibiting

12         the transfer of certain exemptions; providing

13         for the expiration of certain temporary

14         licenses; providing for the refund of certain

15         fees; exempting certain persons from license

16         application deadlines; requiring health care

17         clinics to be in compliance with part II of ch.

18         408, F.S.; providing for licensure fees;

19         authorizing the agency to adopt rules;

20         providing for administrative fines; conforming

21         provisions with the requirements of part II of

22         ch. 408, F.S.; providing requirements for

23         license application; providing for late fees;

24         providing duties of the agency, including

25         requirements for inspections; authorizing the

26         electronic submission of information to the

27         agency; providing requirements for licensure

28         upon a change of ownership of a provider;

29         specifying license categories; requiring

30         background screening of a licensee,

31         administrator, financial officer, or


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         controlling interest; providing minimum

 2         licensure requirements; providing requirements

 3         for a licensee that discontinues operation;

 4         requiring that notice be provided to clients;

 5         requiring a licensee to inform clients of

 6         certain rights; requiring an applicant for

 7         licensure to provide proof of liability

 8         insurance and financial ability to operate;

 9         authorizing the agency to make inspections and

10         investigations; prohibiting certain unlicensed

11         activity; providing penalties; providing for

12         administrative fines; authorizing the agency to

13         impose a moratorium under certain

14         circumstances; specifying grounds under which

15         the agency may deny or revoke a license;

16         authorizing the agency to institute proceedings

17         for an injunction against a provider; requiring

18         that fees and fines be deposited into the

19         Health Care Trust Fund and used for

20         administering the laws and rules governing

21         providers; providing rulemaking authority;

22         amending s. 112.045, F.S., relating to the

23         Drug-Free Workplace Act; requiring drug-testing

24         laboratories to be in compliance with part II

25         of ch. 408, F.S.; deleting obsolete and

26         repetitive provisions; providing for rules and

27         licensure fees; amending ss. 383.301, 383.305,

28         383.309, 383.315, 383.324, 383.33, and 383.335,

29         F.S., and repealing ss. 383.304, 383.325,

30         383.331, and 383.332, F.S., relating to the

31         Birth Center Licensure Act; requiring birth


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         centers to be in compliance with part II of ch.

 2         408, F.S.; providing for licensure fees;

 3         authorizing the agency to adopt rules;

 4         providing for administrative fines; conforming

 5         provisions with the requirements of part II of

 6         ch. 408, F.S.; amending ss. 390.011, 390.012,

 7         390.014, and 390.018, F.S., and repealing ss.

 8         390.013, 390.015, 390.016, 390.017, 390.019,

 9         and 390.021, F.S., relating to the regulation

10         of abortion clinics; requiring abortion clinics

11         to be in compliance with part II of ch. 408,

12         F.S.; providing for licensure fees; authorizing

13         the agency to adopt rules; providing for

14         administrative fines; amending s. 400.9905,

15         F.S.; revising the definitions of "clinic" and

16         "medical director" and defining "mobile clinic"

17         and "portable equipment provider" for purposes

18         of the Health Care Clinic Act; providing that

19         certain entities providing oncology or

20         radiation therapy services are exempt from the

21         licensure requirements of part XIII of ch. 400,

22         F.S.; providing legislative intent with respect

23         to such exemption; providing for retroactive

24         application; amending s. 400.991, F.S.;

25         requiring each mobile clinic to obtain a health

26         care clinic license; requiring a portable

27         equipment provider to obtain a health care

28         clinic license for a single office and

29         exempting such a provider from submitting

30         certain information to the Agency for Health

31         Care Administration; revising the date by which


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         an initial application for a health care clinic

 2         license must be filed with the agency; revising

 3         the definition of "applicant"; amending s.

 4         400.9935, F.S.; providing that an exemption

 5         from licensure is not transferable; providing

 6         that the agency may charge a fee of applicants

 7         for certificates of exemption; providing that

 8         the agency may deny an application or revoke a

 9         license under certain circumstances; amending

10         s. 400.995, F.S.; providing that the agency may

11         deny, revoke, or suspend specified licenses and

12         impose fines for certain violations; providing

13         that a temporary license expires after a notice

14         of intent to deny an application is issued by

15         the agency; providing that persons or entities

16         made exempt under the act and which have paid

17         the clinic licensure fee to the agency are

18         entitled to a partial refund from the agency;

19         providing that certain persons or entities are

20         not in violation of part XIII of ch. 400, F.S.,

21         due to failure to apply for a clinic license by

22         a specified date; providing that certain

23         payments may not be denied to such persons or

24         entities for failure to apply for or obtain a

25         clinic license before a specified date;

26         requiring substance abuse or mental health

27         facilities, programs, and services to be in

28         compliance with part II of ch. 408, F.S.;

29         providing for licensure fees; authorizing the

30         agency to adopt rules; providing for

31         administrative penalties; conforming provisions


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         with the requirements of part II of ch. 408,

 2         F.S.; amending ss. 395.003, 395.004, 395.0161,

 3         395.0163, 395.0199, 395.1046, 395.1055, and

 4         395.1065, F.S., and repealing ss. 395.002(4),

 5         395.0055, and 395.0162, F.S., relating to

 6         hospitals and other licensed facilities;

 7         requiring hospitals and other licensed

 8         facilities to be in compliance with part II of

 9         ch. 408, F.S.; providing for licensure fees;

10         authorizing the agency to adopt rules;

11         providing for administrative fines; conforming

12         provisions with the requirements of part II of

13         ch. 408, F.S.; amending s. 395.1041, F.S.;

14         requiring a facility licensed under ch. 395,

15         F.S., to withhold or withdraw cardiopulmonary

16         resuscitation when presented with an order not

17         to resuscitate; creating s. 395.10411, F.S.;

18         providing requirements to be carried out by a

19         facility licensed under ch. 395, F.S., when a

20         patient has an advance directive, has an order

21         not to resuscitate, or is a designated organ

22         donor; amending s. 765.1105, F.S.; requiring a

23         health care provider that refuses to carry out

24         a patient's advance directive to transfer the

25         patient within a specified time to a health

26         care provider that will comply with the advance

27         directive; creating s. 765.1021, F.S., to

28         encourage physicians and patients to discuss

29         end-of-life care and to specify when an advance

30         directive be part of the patient's medical

31         record; amending s. 765.304, F.S.; requiring an


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         attending physician who refuses to comply with

 2         a person's living will to transfer the person

 3         to a physician who will comply; amending s.

 4         395.0197, F.S.; providing that a health care

 5         facility must use the services of, rather than

 6         hire, a risk manager; restricting the number of

 7         internal risk management programs in separate

 8         hospitals which may be the responsibility of a

 9         risk manager; providing exceptions; amending

10         ss. 395.10973, 395.10974, and 395.10975, F.S.,

11         relating to health care risk managers;

12         requiring health care risk managers to comply

13         with part II of ch. 408, F.S.; providing for

14         fees; authorizing the agency to adopt rules;

15         providing for administrative fines; conforming

16         provisions with the requirements of part II of

17         ch. 408, F.S.; amending s. 400.21, F.S.;

18         providing that certain registered nurses may

19         sign a resident care plan; amending ss.

20         400.022, 400.051, 400.062, 400.063, 400.071,

21         400.102, 400.111, 400.1183, 400.121, 400.141,

22         400.17, 400.179, 400.18, 400.19, 400.191,

23         400.20, 400.211, and 400.23, F.S., and

24         repealing ss. 400.021(5) and (20), 400.125, and

25         400.241(1) and (2), F.S., relating to nursing

26         homes; requiring nursing homes to be in

27         compliance with part II of ch. 408, F.S.;

28         providing for licensure fees; authorizing the

29         agency to adopt rules; providing for

30         administrative fines; revising reporting

31         requirements; conforming provisions with the


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         requirements of part II of ch. 408, F.S.;

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

 3         Agency for Health Care Administration to issue

 4         an inactive license to a nursing home facility

 5         for all or a portion of its beds; providing

 6         procedures when applying for an inactive

 7         license; permitting the agency to issue an

 8         inactive license to a nursing home that chooses

 9         to use an unoccupied contiguous portion of the

10         facility for an alternative use to meet the

11         needs of elderly persons through the use of

12         less restrictive, less institutional services;

13         providing that an inactive license issued may

14         be granted for specified periods of time;

15         directing that a nursing home that receives an

16         inactive license to provide alternative

17         services may not receive preference for

18         participation in the Assisted Living for the

19         Elderly Medicaid waiver; providing that

20         reactivation of an inactive license requires

21         the applicant to meet certain specified

22         conditions; amending ss. 400.402, 400.407,

23         400.4075, 400.408, 400.411, 400.412, 400.414,

24         400.417, 400.4174, 400.4176, 400.418, 400.419,

25         400.42, 400.424, 400.4255, 400.4256, 400.427,

26         400.4275, 400.431, 400.434, 400.441, 400.442,

27         400.444, 400.452, and 400.454, F.S., and

28         repealing ss. 400.415, 400.4178(7), 400.435(1),

29         400.447(1), (2), and (3), and 400.451, F.S.,

30         relating to assisted living facilities;

31         requiring assisted living facilities to be in


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         compliance with part II of ch. 408, F.S.;

 2         providing for licensure fees; requiring

 3         assisted living facilities to conduct resident

 4         elopement prevention and response drills;

 5         authorizing the agency to adopt rules;

 6         providing for administrative fines; conforming

 7         provisions with the requirements of part II of

 8         ch. 408, F.S.; amending s. 400.487, F.S.;

 9         revising home health agency service agreements

10         and treatment orders; amending ss. 400.464,

11         400.471, 400.474, 400.484, 400.494, 400.495,

12         400.497, 400.506, 400.509, and 400.512, F.S.,

13         and repealing s. 400.515, F.S., relating to

14         home health agencies and nurse registries;

15         requiring home health agencies and nurse

16         registries to be in compliance with part II of

17         ch. 408, F.S.; providing for licensure fees;

18         authorizing the agency to adopt rules;

19         providing for administrative fines; conforming

20         provisions with the requirements of part II of

21         ch. 408, F.S.; amending ss. 400.551, 400.554,

22         400.555, 400.556, 400.5565, 400.557, 400.5572,

23         400.559, 400.56, and 400.562, F.S., and

24         repealing ss. 400.5575, 400.558, and 400.564,

25         F.S., relating to adult day care centers;

26         requiring adult day care centers to be in

27         compliance with part II of ch. 408, F.S.;

28         providing for licensure fees; authorizing the

29         agency to adopt rules; providing for

30         administrative fines; conforming provisions

31         with the requirements of part II of ch. 408,


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         F.S.; amending ss. 400.602, 400.605, 400.606,

 2         400.6065, 400.607, and 400.6095, F.S., relating

 3         to hospices; requiring hospices to be in

 4         compliance with part II of ch. 408, F.S.;

 5         providing for licensure fees; authorizing the

 6         agency to adopt rules; providing for

 7         administrative fines; conforming provisions

 8         with the requirements of part II of ch. 408,

 9         F.S.; amending ss. 400.617, 400.619, 400.6194,

10         400.6196, 400.621, 400.6211, and 400.625, F.S.,

11         and repealing s. 400.622, F.S., relating to

12         adult family-care homes; requiring adult

13         family-care homes to be in compliance with part

14         II of ch. 408, F.S.; providing for licensure

15         fees; authorizing the agency to adopt rules;

16         providing for administrative fines; conforming

17         provisions with the requirements of part II of

18         ch. 408, F.S.; amending ss. 400.801 and

19         400.805, F.S., relating to homes for special

20         services and transitional living facilities;

21         requiring such homes and facilities to be in

22         compliance with part II of ch. 408, F.S.;

23         providing for licensure fees; authorizing the

24         agency to adopt rules; providing for

25         administrative fines; conforming provisions

26         with the requirements of part II of ch. 408,

27         F.S.; amending ss. 400.902, 400.903, 400.905,

28         400.907, 400.908, 400.912, 400.914, and

29         400.915, F.S., and repealing ss. 400.906,

30         400.910, 400.911, 400.913, 400.916, and

31         400.917, F.S., relating to prescribed pediatric


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         extended care centers; requiring such centers

 2         to be in compliance with part II of ch. 408,

 3         F.S.; providing for licensure fees; authorizing

 4         the agency to adopt rules; providing for

 5         administrative fines; conforming provisions

 6         with the requirements of part II of ch. 408,

 7         F.S.; amending ss. 400.925, 400.93, 400.931,

 8         400.932, 400.933, and 400.935, F.S., and

 9         repealing ss. 400.95, 400.953(2), 400.955(4),

10         and 400.956, F.S., relating to home medical

11         equipment providers; requiring home medical

12         equipment providers to be in compliance with

13         part II of ch. 408, F.S.; providing for

14         licensure fees; authorizing the agency to adopt

15         rules; providing for administrative fines;

16         conforming provisions with the requirements of

17         part II of ch. 408, F.S.; amending ss. 400.960,

18         400.962, 400.967, 400.968, and 400.969, F.S.,

19         and repealing ss. 400.963 and 400.965, F.S.,

20         relating to intermediate care facilities for

21         the developmentally disabled; requiring such

22         facilities to be in compliance with part II of

23         ch. 408, F.S.; providing for licensure fees;

24         authorizing the agency to adopt rules;

25         providing for administrative fines; conforming

26         provisions with the requirements of part II of

27         ch. 408, F.S.; amending s. 400.908, F.S.;

28         requiring health care services pools to be in

29         compliance with part II of ch. 408, F.S.;

30         providing for licensure fees; authorizing the

31         agency to adopt rules; providing for


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         administrative fines; conforming provisions

 2         with the requirements of part II of ch. 408,

 3         F.S.; amending ss. 400.991, 400.9915, 400.992,

 4         400.9925, 400.993, 400.9935, and 400.995, F.S.,

 5         and repealing ss. 400.9905(2), 400.994, and

 6         400.9945, F.S., relating to health care

 7         clinics; requiring health care clinics to be in

 8         compliance with part II of ch. 408, F.S.;

 9         providing for licensure fees; authorizing the

10         agency to adopt rules; providing for

11         administrative fines; conforming provisions

12         with the requirements of part II of ch. 408,

13         F.S.; amending s. 408.036, F.S.; revising the

14         prerequisites for allowing an exemption from

15         certificate-of-need review for adding skilled

16         nursing facility beds to a licensed skilled

17         nursing facility or for construction of a

18         skilled nursing facility; allowing such an

19         exemption only in counties having a specified

20         maximum population; amending s. 408.831, F.S.,

21         relating to the authority of the Agency for

22         Health Care Administration to impose certain

23         penalties against a regulated or licensed

24         entity; conforming provisions to changes made

25         by the act; amending s. 440.102, F.S., relating

26         to the drug-free workplace program; requiring

27         laboratories to be in compliance with the

28         requirements of part II of ch. 408, F.S.;

29         conforming provisions to changes made by the

30         act; amending s. 468.711, F.S.; deleting the

31         requirement that continuing education for


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         athletic trainers include first aid; amending

 2         s. 468.723, F.S.; revising exemptions from

 3         licensure requirements; amending s. 1012.46,

 4         F.S.; providing that a first responder for a

 5         school district may not represent himself or

 6         herself as an athletic trainer; amending ss.

 7         483.035, 483.051, 483.061, 483.091, 483.101,

 8         483.111, 483.172, 483.201, 483.221, and 483.23,

 9         F.S., and repealing ss. 483.131 and 483.25,

10         F.S., relating to clinical laboratories;

11         requiring clinical laboratories to be in

12         compliance with part II of ch. 408, F.S.;

13         providing for licensure fees; authorizing the

14         agency to adopt rules; providing for

15         administrative fines; conforming provisions

16         with the requirements of part II of ch. 408,

17         F.S.; amending ss. 483.291, 483.294, 483.30,

18         483.302, and 483.32, F.S., and repealing ss.

19         483.311, 483.317(1), 483.322(1), and 483.328,

20         F.S., relating to multiphasic health testing

21         centers; requiring such centers to be in

22         compliance with part II of ch. 408, F.S.;

23         providing for licensure fees; authorizing the

24         agency to adopt rules; providing for

25         administrative fines; conforming provisions

26         with the requirements of part II of ch. 408,

27         F.S.; providing for ss. 408.801-408.819, F.S.,

28         to prevail in the case of a conflict with other

29         laws governing the licensure of health care

30         providers by the agency; authorizing the agency

31         to issue a license for less than a specified


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         period and to charge a prorated fee; amending

 2         s. 651.118, F.S.; revising standards for use of

 3         sheltered nursing home beds by certain persons;

 4         amending s. 456.025, F.S.; deleting

 5         requirements for the Department of Health to

 6         administer an electronic continuing education

 7         tracking system for health care practitioners;

 8         creating s. 456.0251, F.S.; providing for

 9         enforcement of continuing education

10         requirements required for license renewal;

11         authorizing citations and fines to be imposed

12         for failure to comply with required continuing

13         education requirements; amending s. 456.072,

14         F.S.; providing for discipline of licensees who

15         fail to meet continuing education requirements

16         as a prerequisite for license renewal three or

17         more times; providing a short title; requiring

18         the Agency for Workforce Innovation to

19         establish a pilot program for delivery of

20         certified geriatric specialty nursing

21         education; specifying eligibility requirements

22         for certified nursing assistants to obtain

23         certified geriatric specialty nursing

24         education; specifying requirements for the

25         education of certified nursing assistants to

26         prepare for certification as a certified

27         geriatric specialist; creating a Certified

28         Geriatric Specialty Nursing Initiative Steering

29         Committee; providing for the composition of and

30         manner of appointment to the Certified

31         Geriatric Specialty Nursing Initiative Steering


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         Committee; providing responsibilities of the

 2         steering committee; providing for reimbursement

 3         for per diem and travel expenses; requiring the

 4         Agency for Workforce Innovation to conduct or

 5         contract for an evaluation of the pilot program

 6         for delivery of certified geriatric specialty

 7         nursing education; requiring the evaluation to

 8         include recommendations regarding the expansion

 9         of the delivery of certified geriatric

10         specialty nursing education in nursing homes;

11         requiring the Agency for Workforce Innovation

12         to report to the Governor and Legislature

13         regarding the status and evaluation of the

14         pilot program; creating s. 464.0125, F.S.;

15         providing definitions; providing requirements

16         for persons to become certified geriatric

17         specialists; specifying fees; providing for

18         articulation of geriatric specialty nursing

19         coursework and practical nursing coursework;

20         providing practice standards and grounds for

21         which certified geriatric specialists may be

22         subject to discipline by the Board of Nursing;

23         creating restrictions on the use of

24         professional nursing titles; prohibiting the

25         use of certain professional titles; providing

26         penalties; authorizing approved nursing

27         programs to provide education for the

28         preparation of certified geriatric specialists

29         without further board approval; authorizing

30         certified geriatric specialists to supervise

31         the activities of others in nursing home


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         facilities according to rules by the Board of

 2         Nursing; revising terminology relating to

 3         nursing to conform to the certification of

 4         geriatric specialists; amending s. 381.00315,

 5         F.S.; revising requirements for the

 6         reactivation of the licenses of specified

 7         health care practitioners in the event of a

 8         public health emergency to include certified

 9         geriatric specialists; amending s. 400.021,

10         F.S.; including services provided by a

11         certified geriatric specialist within the

12         definition of nursing service; amending s.

13         400.211, F.S.; revising requirements for

14         persons employed as nursing assistants to

15         conform to the certification of certified

16         geriatric specialists; amending s. 400.23,

17         F.S.; specifying that certified geriatric

18         specialists shall be considered licensed

19         nursing staff; authorizing licensed practical

20         nurses to supervise the activities of certified

21         geriatric specialists in nursing home

22         facilities according to rules adopted by the

23         Board of Nursing; amending s. 409.908, F.S.;

24         revising the methodology for reimbursement of

25         Medicaid program providers to include services

26         of certified geriatric specialists; amending s.

27         458.303, F.S.; revising exceptions to the

28         practice of medicine to include services

29         delegated to a certified geriatric specialist

30         under specified circumstances; amending s.

31         1009.65, F.S.; revising eligibility for the


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         Medical Education Reimbursement and Loan

 2         Repayment Program to include certified

 3         geriatric specialists; amending s. 1009.66,

 4         F.S.; revising eligibility requirements for the

 5         Nursing Student Loan Forgiveness Program to

 6         include certified geriatric specialists;

 7         providing an appropriation; amending s.

 8         464.201, F.S.; defining terms; amending s.

 9         464.202, F.S.; authorizing the Board of Nursing

10         to adopt rules regarding the practice and

11         supervision of certified nursing assistants;

12         providing inapplicability to ss. 456.052 and

13         456.053, F.S.; providing effective dates.

14  

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

16  

17         Section 1.  Part I of chapter 408, Florida Statutes,

18  consisting of sections 408.02, 408.031, 408.032, 408.033,

19  408.034, 408.035, 408.036, 408.0361, 408.037, 408.038,

20  408.039, 408.040, 408.041, 408.042, 408.043, 408.044, 408.045,

21  408.0455, 408.05, 408.061, 408.062, 408.063, 408.07, 408.08,

22  408.09, 408.10, 408.15, 408.16, 408.18, 408.185, 408.20,

23  408.301, 408.302, 408.40, 408.50, 408.70, 408.7056, 408.7057,

24  and 408.7071, is created and entitled "Health Facility and

25  Services Planning."

26         Section 2.  Part II of chapter 408, Florida Statutes,

27  consisting of sections 408.801, 408.802, 408.803, 408.804,

28  408.805, 408.806, 408.807, 408.808, 408.809, 408.810, 408.811,

29  408.812, 408.813, 408.814, 408.815, 408.816, 408.817, 408.818,

30  408.819, and 408.831, is created and entitled "Health Care

31  Licensing: General Provisions."


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         Section 3.  Part III of chapter 408, Florida Statutes,

 2  consisting of sections 408.90, 408.901, 408.902, 408.903,

 3  408.904, 408.905, 408.906, 408.907, 408.908, and 408.909, is

 4  created and entitled "Health Insurance Access."

 5         Section 4.  Part IV of chapter 408, Florida Statutes,

 6  consisting of sections 408.911, 408.913, 408.914, 408.915,

 7  408.916, 408.917, and 408.918, is created and entitled "Health

 8  and Human Services Eligibility Access System."

 9         Section 5.  Sections 408.801 through 408.819, Florida

10  Statutes, are created to read:

11         408.801  Short title; purpose.--

12         (1)  This part may be cited as the "Health Care

13  Licensing Procedures Act."

14         (2)  The Legislature finds that there is unnecessary

15  duplication and variation in the requirements for licensure by

16  the Agency for Health Care Administration, brought about by

17  the historical pattern of legislative action focused

18  exclusively on a single type of regulated provider. It is the

19  intent of the Legislature to provide a streamlined and

20  consistent set of basic licensing requirements for all such

21  providers in order to minimize confusion, standardize

22  terminology, and include issues that are otherwise not

23  adequately addressed in the statutes pertaining to specific

24  providers.

25         408.802  Applicability.--The provisions of this part

26  apply to the provision of services that necessitate licensure

27  as defined in this part and to the following entities licensed

28  or registered by the Agency for Health Care Administration, as

29  further described in chapters 112, 383, 390, 394, 395, 400,

30  440, and 483:

31  


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 1         (1)  Laboratories authorized to perform testing under

 2  the Drug-Free Workplace Act, as provided under ss. 112.0455

 3  and 440.102.

 4         (2)  Birth centers, as provided under chapter 383.

 5         (3)  Abortion clinics, as provided under chapter 390.

 6         (4)  Crisis stabilization units, as provided under

 7  parts I and IV of chapter 394.

 8         (5)  Short-term residential treatment units, as

 9  provided under parts I and IV of chapter 394.

10         (6)  Residential treatment facilities, as provided

11  under part IV of chapter 394.

12         (7)  Residential treatment centers for children and

13  adolescents, as provided under part IV of chapter 394.

14         (8)  Hospitals, as provided under part I of chapter

15  395.

16         (9)  Ambulatory surgical centers, as provided under

17  part I of chapter 395.

18         (10)  Mobile surgical facilities, as provided under

19  part I of chapter 395.

20         (11)  Private review agents, as provided under part I

21  of chapter 395.

22         (12)  Health care risk managers, as provided under part

23  I of chapter 395.

24         (13)  Nursing homes, as provided under part II of

25  chapter 400.

26         (14)  Assisted living facilities, as provided under

27  part III of chapter 400.

28         (15)  Home health agencies, as provided under part IV

29  of chapter 400.

30         (16)  Nurse registries, as provided under part IV of

31  chapter 400.


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 1         (17)  Companion services or homemaker services

 2  providers, as provided under part IV of chapter 400.

 3         (18)  Adult day care centers, as provided under part V

 4  of chapter 400.

 5         (19)  Hospices, as provided under part VI of chapter

 6  400.

 7         (20)  Adult family-care homes, as provided under part

 8  VII of chapter 400.

 9         (21)  Homes for special services, as provided under

10  part VIII of chapter 400.

11         (22)  Transitional living facilities, as provided under

12  part VIII of chapter 400.

13         (23)  Prescribed pediatric extended care centers, as

14  provided under part IX of chapter 400.

15         (24)  Home medical equipment providers, as provided

16  under part X of chapter 400.

17         (25)  Intermediate care facilities for the

18  developmentally disabled, as provided under part XI of chapter

19  400.

20         (26)  Health care services pools, as provided under

21  part XII of chapter 400.

22         (27)  Health care clinics, as provided under part XIII

23  of chapter 400.

24         (28)  Clinical laboratories, as provided under part I

25  of chapter 483.

26         (29)  Multiphasic health testing centers, as provided

27  under part II of chapter 483.

28         408.803  Definitions.--As used in this part, the term:

29         (1)  "Agency" means the Agency for Health Care

30  Administration, which is the licensing agency under this part.

31  


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 1         (2)  "Applicant" means an individual, corporation,

 2  partnership, firm, association, or governmental entity that

 3  submits an application to the agency for a license.

 4         (3)  "Authorizing statute" means the statute

 5  authorizing the licensed operation of a provider listed in s.

 6  408.802.

 7         (4)  "Certification" means certification as a Medicare

 8  or Medicaid provider of the services that necessitate

 9  licensure or certification pursuant to the federal Clinical

10  Laboratory Improvement Amendments (CLIA).

11         (5)  "Change in ownership" means an event in which the

12  licensee changes to a different legal entity or in which 45

13  percent or more of the ownership, voting shares, or

14  controlling interest in a corporation whose shares are not

15  publicly traded on a recognized stock exchange is transferred

16  or assigned, including the final transfer or assignment of

17  multiple transfers or assignments over a 2-year period which

18  cumulatively total 45 percent or greater. However, a change

19  solely in the management company is not a change of ownership.

20         (6)  "Client" means any person receiving services from

21  a provider listed in s. 408.802.

22         (7)  "Controlling interest" means:

23         (a)  The applicant for licensure or a licensee;

24         (b)  A person or entity that serves as an officer of,

25  is on the board of directors of, or has a 5 percent or greater

26  ownership interest in the applicant or licensee; or

27         (c)  A person or entity that serves as an officer of,

28  is on the board of directors of, or has a 5 percent or greater

29  ownership interest in the management company or other entity,

30  related or unrelated, which the applicant or licensee may

31  contract with to operate the provider.


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 1  

 2  The term does not include a voluntary board member.

 3         (8)  "License" means any permit, registration,

 4  certificate, or license issued by the agency.

 5         (9)  "Licensee" means an individual, corporation,

 6  partnership, firm, association, or governmental entity that is

 7  issued a permit, registration, certificate, or license by the

 8  agency. The licensee is legally responsible for all aspects of

 9  the provider operation.

10         (10)  "Moratorium" means a prohibition on the

11  acceptance of new clients.

12         (11)  "Provider" means any activity, service, agency,

13  or facility regulated by the agency and listed in s. 408.802.

14         (12)  "Services that necessitate licensure" means those

15  services, including residential services, which require a

16  valid license before those services may be provided in

17  accordance with authorizing statutes and agency rules.

18         (13)  "Voluntary board member" means a board member of

19  a not-for-profit corporation or organization who serves solely

20  in a voluntary capacity for the licensee, does not receive any

21  remuneration for his or her services on the board of

22  directors, and has no financial interest in the corporation or

23  organization. The agency shall recognize a person as a

24  voluntary board member following submission of a statement to

25  the agency by the board member and the not-for-profit

26  corporation or organization which affirms that the board

27  member conforms to this definition. The statement affirming

28  the status of the board member must be submitted to the agency

29  on a form provided by the agency.

30         408.804  License required; display.--

31  


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 1         (1)  It is unlawful to provide services that

 2  necessitate licensure, or operate or maintain a provider

 3  offering or providing services that necessitate licensure,

 4  without first obtaining from the agency a license authorizing

 5  such operation.

 6         (2)  A license must be displayed in a conspicuous place

 7  readily visible to clients who enter at the address that

 8  appears on the license and is valid only in the hands of the

 9  individual, firm, partnership, association, or corporation to

10  whom it is issued and may not be sold, assigned, or otherwise

11  transferred, voluntarily or involuntarily. The license is

12  valid only for the licensee, provider, and location for which

13  the license is originally issued.

14         408.805  Fees required; adjustments.--Unless otherwise

15  limited by authorizing statutes, license fees must be

16  reasonably calculated by the agency to cover its costs in

17  carrying out its responsibilities under this part, authorizing

18  statutes, and applicable rules, including the cost of

19  licensure, inspection, and regulation of providers, and must

20  be of such amount that the total fees collected do not exceed

21  the cost of administering and enforcing compliance with this

22  part, authorizing statutes, and applicable rules.

23         (1)  Licensure fees shall be adjusted for biennial

24  licensure in agency rules.

25         (2)  The agency shall annually adjust licensure fees,

26  including fees paid per bed, by not more than the change in

27  the consumer price index based on the 12 months immediately

28  preceding the increase.

29         (3)  The agency may, by rule, adjust licensure fees to

30  cover the cost of regulation under this part, authorizing

31  statutes, and applicable rules.


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 1         (4)  An inspection fee must be paid as required in

 2  authorizing statutes.

 3         (5)  Licensure and inspection fees are nonrefundable.

 4         (6)  When a change is reported which requires issuance

 5  of a license, a fee must be assessed. The fee must be based on

 6  the actual cost of processing and issuing the license.

 7         (7)  A fee may be charged to a licensee requesting a

 8  duplicate license. The fee may not exceed the actual cost of

 9  duplication and postage.

10         (8)  Total fees collected may not exceed the cost of

11  carrying out the provisions of this part, authorizing

12  statutes, or applicable rules.

13         408.806  License application process.--

14         (1)  An application for licensure must be made to the

15  agency on forms furnished by the agency, submitted under oath,

16  and accompanied by the appropriate license fee in order to be

17  accepted and considered timely. The application must contain

18  information required by authorizing statutes and applicable

19  rules and must include:

20         (a)  The name, address, and social security number of

21  the applicant and each controlling interest if the applicant

22  or controlling interest is an individual.

23         (b)  The name, address, and federal employer

24  identification number or taxpayer identification number of the

25  applicant and each controlling interest if the applicant or

26  controlling interest is not an individual.

27         (c)  The name by which the provider is to be known.

28         (d)  The total number of beds or capacity requested, as

29  applicable.

30         (e)  The location of the provider for which application

31  is made, a report or letter from the zoning authority


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 1  indicating the location is zoned appropriately for its use,

 2  and a satisfactory fire safety report from the local authority

 3  having jurisdiction or the state fire marshal. If the provider

 4  is a community residential home under chapter 419, the zoning

 5  requirement must be satisfied by proof of compliance with

 6  chapter 419.

 7         (f)  The name of the person or persons under whose

 8  management or supervision the provider will be operated and

 9  the name of the administrator if required.

10         (g)  Any information that the agency finds is necessary

11  to determine the ability of the applicant to carry out its

12  responsibilities, including satisfactory inspection results,

13  under this part and authorizing statutes, as specified in

14  rule.

15         (2)(a)  The applicant for a renewal license must submit

16  an application that must be received by the agency at least 60

17  days prior to the expiration of the current license.

18         (b)  The applicant for initial licensure due to a

19  change of ownership must submit an application that must be

20  received by the agency at least 60 days prior to the date of

21  change of ownership.

22         (c)  For any other application or request, the

23  applicant must submit an application or request that must be

24  received by the agency at least 60 days prior to the requested

25  effective date, unless otherwise specified in authorizing

26  statutes or rules.

27         (3)  Upon receipt of an application for a license, the

28  agency shall examine the application and, within 30 days after

29  receipt, notify the applicant in writing of any apparent

30  errors or omissions and request any additional information

31  required.


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 1         (4)  Requested information omitted from an application

 2  for licensure, license renewal, or change of ownership, other

 3  than an inspection, must be filed with the agency within 21

 4  days after the agency's request for omitted information, or

 5  the application shall be deemed incomplete, and shall be

 6  withdrawn from further consideration and the fees forfeited.

 7         (5)  Licensees subject to the provisions of this part

 8  shall be issued biennial licenses unless conditions of the

 9  license category specify a shorter license period. The agency

10  may not issue an initial license to a health care provider

11  subject to the certificate-of-need provisions in ss.

12  408.031-408.045 if the licensee has not been issued a

13  certificate of need or exemption, when applicable.  Failure to

14  apply for the renewal of a license prior to the expiration

15  date renders the license null and void and the former licensee

16  may not be issued a new license unless the licensee reapplies

17  for an initial license and meets all current qualifications

18  for licensure, including construction standards for facilities

19  where applicable and complies with certificate-of-need

20  requirements if the applicant is subject to the provisions of

21  ss. 408.031-408.045.

22         (6)  The failure to file a timely application and

23  license fee shall result in a late fee charged to the licensee

24  in an amount equal to 50 percent of the licensure fee. If a

25  renewal application is not received by the agency 60 days in

26  advance of the license expiration date, the agency shall

27  notify the licensee of this late fee within 10 days after the

28  date the renewal application was due.

29         (7)  Within 60 days after the receipt of a complete

30  application, the agency shall approve or deny the application.

31  


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 1         (8)  Each license issued shall indicate the name of the

 2  licensee, the provider or service that the licensee is

 3  required or authorized to operate or offer, the date the

 4  license is issued, the expiration date of the license, the

 5  maximum capacity of the licensed premises if applicable, and

 6  any other information required by authorizing statutes or

 7  deemed necessary by the agency.

 8         (9)(a)  An initial inspection is not required for

 9  companion services or homemaker services providers, as

10  provided under part IV of chapter 400 or for health care

11  services pools, as provided under part XII of chapter 400.

12         (b)  If an inspection is required by the authorizing

13  statute for a license application other than an initial

14  application, the inspection must be unannounced. This

15  paragraph does not apply to inspections required pursuant to

16  ss. 483.061(2), 395.0161(4), and 383.324(3).

17         (c)  If a provider is not available when an inspection

18  is attempted, the application shall be withdrawn from further

19  consideration.

20         (10)  The agency may establish procedures for the

21  electronic submission of required information, including, but

22  not limited to:

23         (a)  Licensure applications and required signatures.

24         (b)  Payment of fees.

25         (c)  Notarization of applications.

26  

27  Requirements for electronic submission of any documents

28  required by this part or authorizing statutes may be

29  established by rule.

30         408.807  Change of ownership.--Whenever a change of

31  ownership occurs:


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 1         (1)  The transferor shall notify the agency in writing

 2  at least 60 days before the anticipated date of transfer of

 3  ownership.

 4         (2)  The transferee shall make application to the

 5  agency for a license within the timeframes required in s.

 6  408.806.

 7         (3)  The transferor shall be responsible and liable

 8  for:

 9         (a)  The lawful operation of the provider and the

10  welfare of the clients served until the date the transferee is

11  licensed by the agency.

12         (b)  Any and all penalties imposed against the

13  transferor for violations occurring before the date of change

14  of ownership.

15         (4)  Any restriction on licensure, including a

16  conditional license existing at the time of a change of

17  ownership, shall remain in effect until removed by the agency.

18         (5)  The transferee shall maintain records of the

19  transferor as required in this part, authorizing statutes, and

20  applicable rules including:

21         (a)  All client records.

22         (b)  Inspection reports.

23         (c)  All records required to be maintained pursuant to

24  409.913, if applicable.

25         408.808  License categories.--

26         (1)  STANDARD LICENSE.--A standard license may be

27  issued at the time of initial licensure, license renewal, or

28  change of ownership. A standard license shall be issued when

29  the applicant is in compliance with all statutory requirements

30  and agency rules. Unless sooner revoked, a standard license

31  expires 2 years following the date of issue.


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 1         (2)  PROVISIONAL LICENSE.--A provisional license may be

 2  issued:

 3         (a)  Pursuant to s. 408.809(3).

 4         (b)  When a denial or revocation proceeding is pending,

 5  a provisional license for this purpose is effective until

 6  final agency disposition of the proceeding.

 7         (3)  INACTIVE LICENSE.--An inactive license may be

 8  issued to a health care provider subject to the

 9  certificate-of-need provisions in ss. 408.031-408.045 when the

10  provider is currently licensed, does not have a provisional

11  license, and will be temporarily unable to provide services

12  but is reasonably expected to resume services within 12

13  months. Such designation may be made for a period not to

14  exceed 12 months but may be renewed by the agency for up to 6

15  additional months upon demonstration by the licensee of the

16  provider's progress toward reopening. Any request by a

17  licensee for an inactive license or to extend the previously

18  approved inactive period must be submitted to the agency,

19  accompanied by written justification for the inactive license

20  with the beginning and ending dates of inactivity, including a

21  plan for the transfer of any clients to other providers, and

22  the appropriate licensure fees. The agency may not accept a

23  request that is submitted after initiating closure, after any

24  suspension of service, or after notifying clients of closure

25  or suspension of service. Upon agency approval, the provider

26  shall notify clients of any necessary discharge or transfer as

27  required by authorizing statutes. The beginning of the

28  inactive license shall be the date the provider ceases

29  operations. The end of the inactive period shall become the

30  license expiration date and all licensure fees must be

31  current, paid in full, and may be prorated. Reactivation of an


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 1  inactive license requires the approval of a renewal

 2  application, including payment of licensure fees and agency

 3  inspections indicating compliance with all requirements of

 4  this part, authorizing statutes, and applicable rules.

 5         (4)  OTHER LICENSES.--Other licensure types may be

 6  issued pursuant to authorizing statutes.

 7         408.809  Background screening; prohibited offenses.--

 8         (1)  Level 2 background screening pursuant to chapter

 9  435 must be conducted through the agency on each of the

10  following persons, who shall be considered an employee for the

11  purposes of conducting screening under chapter 435:

12         (a)  The licensee if an individual;

13         (b)  The administrator or a similarly titled person who

14  is responsible for the day-to-day operation of the provider;

15         (c)  The financial officer or similarly titled

16  individual who is responsible for the financial operation of

17  the licensee or provider; and

18         (d)  Any person who is a controlling interest if the

19  agency has reason to believe that such person has been

20  convicted of any offense prohibited by s. 435.04. For each

21  controlling interest who has been convicted of any such

22  offense, the licensee shall submit to the agency a description

23  and explanation of the conviction at the time of license

24  application.

25         (2)  Proof of compliance with level 2 screening

26  standards submitted within the previous 5 years to meet any

27  provider or professional licensure requirements of the agency,

28  the Department of Health, or the Department of Children and

29  Family Services satisfies the requirements of this section,

30  provided that such proof is accompanied, under penalty of

31  perjury, by an affidavit of compliance with the provisions of


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 1  chapter 435. Proof of compliance with the background screening

 2  requirements of the Office of Insurance Regulation for an

 3  applicant for a certificate of authority to operate a

 4  continuing care retirement community under chapter 651,

 5  submitted within the previous 5 years, satisfies the

 6  Department of Law Enforcement and Federal Bureau of

 7  Investigation portions of a level 2 background check.

 8         (3)  A provisional license may be granted to an

 9  applicant when each individual required by this section to

10  undergo background screening has met the standards for the

11  Department of Law Enforcement background check, but the agency

12  has not yet received background screening results from the

13  Federal Bureau of Investigation. A standard license may be

14  granted to the licensee upon the agency's receipt of a report

15  of the results of the Federal Bureau of Investigation

16  background screening for each individual required by this

17  section to undergo background screening which confirms that

18  all standards have been met, or upon the granting of a

19  disqualification exemption by the agency as set forth in

20  chapter 435. Any other person who is required to undergo level

21  2 background screening may serve in his or her capacity

22  pending the agency's receipt of the report from the Federal

23  Bureau of Investigation. However, the person may not continue

24  to serve if the report indicates any violation of background

25  screening standards and a disqualification exemption has not

26  been requested of or granted by the agency as set forth in

27  chapter 435.

28         (4)  When a change in the administrator of a provider

29  occurs, the licensee must notify the agency of the change

30  within the time period specified in the authorizing statute or

31  rules unless otherwise reported to the administrator's


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 1  professional licensing board, or Department of Health if there

 2  is no board, and must provide evidence of compliance with

 3  background screening requirements of this section; except that

 4  an administrator who has met the standards for the Department

 5  of Law Enforcement background check, but for whom background

 6  screening results from the Federal Bureau of Investigation

 7  have not yet been received, may be employed pending a receipt

 8  of the Federal Bureau of Investigation background screening

 9  report. An individual may not continue to serve as

10  administrator if the Federal Bureau of Investigation

11  background screening report indicates any violation of

12  background screening standards.

13         (5)  Background screening is not required to obtain a

14  certificate of exemption issued under s. 483.106.

15         408.810  Minimum licensure requirements.--In addition

16  to the licensure requirements specified in this part, chapter

17  112, chapter 383, chapter 390, chapter 394, chapter 395,

18  chapter 400, chapter 440, or chapter 483, each applicant for

19  licensure by the Agency for Health Care Administration must

20  comply with the requirements of this section in order to

21  obtain and maintain a license.

22         (1)  An applicant for licensure must comply with

23  background screening requirements of s. 408.809.

24         (2)  An applicant for licensure must provide a

25  description and explanation of any exclusions, suspensions, or

26  terminations of the applicant from the Medicare, Medicaid, or

27  federal Clinical Laboratory Improvement Amendments (CLIA)

28  programs.

29         (3)  Unless otherwise specified in this part,

30  authorizing statutes, or applicable rules, any information

31  required to be reported to the agency must be submitted within


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 1  10 calendar days after the report period or effective date of

 2  the information.

 3         (4)  Whenever a licensee discontinues operation of a

 4  provider:

 5         (a)  The licensee must inform the agency not less than

 6  30 days prior to the discontinuance of operation and inform

 7  clients of discharge as required by authorizing statutes.

 8  Immediately upon discontinuance of operation of a provider,

 9  the licensee shall surrender the license to the agency and the

10  license shall be canceled.

11         (b)  Upon closure of a provider, the licensee shall

12  remain responsible for retaining and appropriately

13  distributing all records within the timeframes prescribed in

14  authorizing statutes and applicable rules. In addition, the

15  licensee or, in the event of death or dissolution of a

16  licensee, the estate or agent of the licensee shall:

17         1.  Make arrangements to forward records for each

18  client to one of the following, based upon the client's

19  choice: the client or the client's legal representative, the

20  client's attending physician, or the health care provider

21  where the client currently receives services; or

22         2.  Cause a notice to be published in the newspaper of

23  greatest general circulation in the county where the provider

24  was located which advises clients of the discontinuance of the

25  provider operation. The notice must inform clients that they

26  may obtain copies of their records and specify the name,

27  address, and telephone number of the person from whom the

28  copies of records may be obtained. The notice must appear at

29  least once a week for 4 consecutive weeks.

30  

31  


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 1  Failure to comply with this paragraph is a misdemeanor of the

 2  second degree, punishable as provided in s. 775.083.

 3         (5)(a)  On or before the first day services are

 4  provided to a client, a licensee must inform the client and

 5  his or her immediate family or representative, if appropriate,

 6  of the right to report:

 7         1.  Complaints. The statewide toll-free telephone

 8  number for reporting complaints to the agency must be provided

 9  to clients in a manner that is clearly legible and must

10  include the words: "To report a complaint regarding the

11  services you receive, please call toll free (phone number)".

12         2.  Abusive, neglectful, or exploitative practices. The

13  statewide toll-free telephone number for the central abuse

14  hotline must be provided to clients in a manner that is

15  clearly legible and must include the words: "To report abuse,

16  neglect, or exploitation, please call toll-free (phone

17  number)."

18  

19  The agency shall publish a minimum of a 90-day advance notice

20  of a change in the toll-free telephone numbers.

21         (b)  Each licensee shall establish appropriate policies

22  and procedures for providing such notice to clients.

23         (6)  An applicant must provide the agency with proof of

24  the applicant's legal right to occupy the property before a

25  license may be issued. Proof may include, but need not be

26  limited to, copies of warranty deeds, lease or rental

27  agreements, contracts for deeds, quitclaim deeds, or other

28  such documentation.

29         (7)  If proof of insurance is required by the

30  authorizing statute, that insurance must be in compliance with

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  chapter 624, chapter 626, chapter 627, or chapter 628 and with

 2  agency rules.

 3         (8)  Upon application for initial licensure or

 4  change-of-ownership licensure, the applicant shall furnish

 5  satisfactory proof of the applicant's financial ability to

 6  operate in accordance with the requirements of this part,

 7  authorizing statutes, and applicable rules. The agency shall

 8  establish standards for this purpose, including information

 9  concerning the applicant's controlling interests. The agency

10  also shall establish documentation requirements, to be

11  completed by each applicant, that show anticipated provider

12  revenues and expenditures, the basis for financing the

13  anticipated cash-flow requirements of the provider, and an

14  applicant's access to contingency financing. A current

15  certificate of authority, pursuant to chapter 651, may be

16  provided as proof of financial ability to operate. The agency

17  may require a licensee to provide proof of financial ability

18  to operate at any time if there is evidence of financial

19  instability, including, but not limited to, unpaid expenses

20  necessary for the basic operations of the provider.

21         (9)  A licensee or controlling interest may not

22  withhold from the agency any evidence of financial

23  instability, including, but not limited to, checks returned

24  due to insufficient funds, delinquent accounts, nonpayment of

25  withholding taxes, unpaid utility expenses, nonpayment for

26  essential services, or adverse court action concerning the

27  financial viability of the provider or any other provider

28  licensed under this part which is under the control of the

29  licensee. Any person found guilty of violating this subsection

30  commits a misdemeanor of the second degree, punishable as

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  provided in s. 775.083. Each day of continuing violation is a

 2  separate offense.

 3         (10)  The agency may not issue a license to a health

 4  care provider subject to the certificate of need provisions in

 5  ss. 408.031-408.045 if the licensee has not been issued a

 6  certificate of need or an exemption. Upon initial licensure of

 7  any such provider, the authorization contained in the

 8  certificate of need shall be considered fully implemented and

 9  merged into the license, and shall have no force and effect

10  upon termination of the license for any reason.

11         408.811  Right of inspection; copies; inspection

12  reports.--

13         (1)  An authorized officer or employee of the agency

14  may make or cause to be made any inspections and

15  investigations as the agency deems necessary to determine the

16  state of compliance with this part, authorizing statutes, and

17  applicable rules. The right of inspection extends to any

18  business that the agency has reason to believe is being

19  operated as a provider without a license, but inspection of

20  any business suspected of being operated without the

21  appropriate license may not be made without the permission of

22  the owner or person in charge unless a warrant is first

23  obtained from a circuit court. Any application for a license

24  issued under this part, authorizing statutes, or applicable

25  rules constitutes permission for an appropriate inspection to

26  verify the information submitted on or in connection with the

27  application.

28         (a)  All inspections shall be unannounced, except as

29  specified in s. 408.806.

30  

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         (b)  Inspections for relicensure shall be conducted

 2  biennially unless otherwise specified by authorizing statutes

 3  or applicable rules.

 4         (2)  Inspections conducted in conjunction with

 5  certification may be accepted in lieu of a complete licensure

 6  inspection. However, a licensure inspection may also be

 7  conducted to review any licensure requirements that are not

 8  also requirements of certification.

 9         (3)  The agency shall have access to and the licensee

10  shall provide copies of all provider records required during

11  an inspection at no cost to the agency.

12         (4)(a)  Each licensee shall maintain as public

13  information, available upon request, records of all inspection

14  reports pertaining to that provider which have been filed

15  with, or issued by, any governmental agency unless those

16  reports are exempt from, or contain information that is exempt

17  from, s. 119.07(1), or is otherwise made confidential by law.

18  Effective July 1, 2004, copies of such reports shall be

19  retained in the records of the provider for at least 5 years

20  following the date the reports are filed and issued,

21  regardless of a change of ownership.

22         (b)  A licensee shall, upon the request of any person

23  who has completed a written application with intent to be

24  admitted by such provider or any person who is a patient of

25  such provider, or any relative, spouse, or guardian of any

26  such person, furnish to the requester a copy of the last

27  inspection report pertaining to the licensed provider which

28  was issued by the agency or by an accrediting organization if

29  such report is used in lieu of a licensure inspection.

30         408.812  Unlicensed activity.--

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         (1)  A person may not offer or advertise to the public

 2  services as defined by this part, authorizing statutes, or

 3  application rules without obtaining a valid license from the

 4  Agency for Health Care Administration. The holder of a license

 5  may not advertise or hold out to the public that he or she

 6  holds a license for other than that for which he or she

 7  actually holds a license.

 8         (2)  The operation or maintenance of an unlicensed

 9  provider or the performance of any services that necessitate

10  licensure without such licensure is a violation of this part

11  and authorizing statutes. Unlicensed activity constitutes harm

12  that materially affects the health, safety, and welfare of

13  clients. The agency, or any state attorney, may, in addition

14  to other remedies provided in this part, bring an action for

15  an injunction to restrain such violation, or to enjoin the

16  future operation or maintenance of any such provider or the

17  provision of services that necessitate licensure in violation

18  of this part and authorizing statutes, until compliance with

19  this part, authorizing statutes, and agency rules has been

20  demonstrated to the satisfaction of the agency.

21         (3)  Any person who owns, operates, or maintains an

22  unlicensed provider and who, after receiving notification from

23  the agency, fails to cease operation and apply for a license

24  under this part and authorizing statutes commits a felony of

25  the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084. Each day of continued operation is a

27  separate offense.

28         (4)  Any person found guilty of violating subsection

29  (3) a second or subsequent time commits a felony of the second

30  degree, punishable as provided under s. 775.082, s. 775.083,

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  or s. 775.084. Each day of continued operation is a separate

 2  offense.

 3         (5)  Any provider that fails to cease operation after

 4  agency notification may be fined $1,000 for each day of

 5  noncompliance.

 6         (6)  When a licensee has an interest in more than one

 7  provider and fails to license any provider rendering services

 8  that necessitate licensure, the agency may revoke all

 9  licenses, impose actions under s. 408.814, or impose a fine of

10  $1,000 unless otherwise specified by authorizing statutes

11  against the licensee until such time as the licensee becomes

12  appropriately licensed.

13         (7)  In addition to injunctive relief pursuant to

14  subsection (2), if the agency determines that an owner is

15  operating or maintaining a provider without obtaining a

16  license and determines that a condition exists that poses a

17  threat to the health, safety, or welfare of a client of the

18  provider, the owner is subject to the same actions and fines

19  imposed against a licensed provider as specified in this part,

20  the authorizing statute, and agency rules.

21         (8)  Any person aware of the operation of an unlicensed

22  provider must report that provider and operation to the

23  agency.

24         408.813  Administrative fines.--As a penalty for any

25  violation of this part, authorizing statutes, or applicable

26  rules, the agency may impose an administrative fine. Unless

27  the amount of the fine is prescribed by authorizing statutes

28  or applicable rules, the agency may establish criteria for the

29  amount of administrative fines applicable to this part,

30  authorizing statutes, and applicable rules. Each day of

31  violation constitutes a separate violation and is subject to a


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  separate fine. For fines imposed by final agency action, the

 2  violator shall pay the fine, plus interest at the rate as

 3  specified in s. 55.03 for each day beyond the date set by the

 4  agency for payment of the fine.

 5         408.814  Moratoriums; emergency suspensions.--

 6         (1)  The agency may impose an immediate moratorium or

 7  emergency suspension as defined in s. 120.60 on any provider

 8  if the agency determines that any condition related to the

 9  provider presents a threat to the health, safety, or welfare

10  of the clients.

11         (2)  A provider, the license of which is denied or

12  revoked, may be subject to immediate imposition of a

13  moratorium or emergency suspension to run concurrently with

14  licensure denial, revocation, or injunction.

15         (3)  A moratorium or emergency suspension remains in

16  effect after a change of ownership, unless the agency has

17  determined that the conditions that created the moratorium,

18  emergency suspension, or denial of licensure have been

19  corrected.

20         (4)  When a moratorium or emergency suspension is

21  placed on a provider, notice of the action shall be posted and

22  visible to the public at the location of the provider until

23  the action is lifted.

24         408.815  License denial; revocation.--

25         (1)  In addition to grounds in authorizing statutes,

26  grounds that may be used by the agency for denying or revoking

27  a license or application include any of the following actions

28  by a controlling interest:

29         (a)  False representation of a material fact in the

30  license application or omission of any material fact from the

31  application.


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         (b)  An intentional or negligent act materially

 2  affecting the health or safety of clients of the provider.

 3         (c)  A violation of this part, authorizing statutes, or

 4  applicable rules.

 5         (d)  A demonstrated pattern of deficient performance.

 6         (e)  The applicant, licensee, or controlling interest

 7  has been or is currently excluded, suspended, terminated from,

 8  or has involuntarily withdrawn from participation in the state

 9  Medicaid program, the Medicaid program of any other state, or

10  the Medicare program.

11         (2)  If a licensee lawfully continues to operate while

12  a denial or revocation is pending in litigation, the licensee

13  must continue to meet all other requirements of this part,

14  authorizing statutes, and applicable rules, and must file

15  subsequent renewal applications for licensure, including

16  licensure fees. The provisions of s. 120.60(1) shall not apply

17  to renewal applications filed during the time period the

18  litigation of the denial or revocation is pending until that

19  litigation is final.

20         (3)  An action under s. 408.814, or denial of the

21  license of the transferor, may be grounds for denial of a

22  change-of-ownership application of the transferee.

23         408.816  Injunctions.--

24         (1)  In addition to the other powers provided by this

25  part and authorizing statutes, the agency may institute

26  injunction proceedings in a court of competent jurisdiction

27  to:

28         (a)  Restrain or prevent the establishment or operation

29  of a provider that does not have a license or is in violation

30  of any provision of this part, authorizing statutes, or

31  applicable rules. The agency may also institute injunction


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  proceedings in a court of competent jurisdiction when a

 2  violation of this part, authorizing statutes, or applicable

 3  rules constitutes an emergency affecting the immediate health

 4  and safety of a client.

 5         (b)  Enforce the provisions of this part, authorizing

 6  statutes, or any minimum standard, rule, or order issued or

 7  entered into pursuant thereto when the attempt by the agency

 8  to correct a violation through administrative sanctions has

 9  failed or when the violation materially affects the health,

10  safety, or welfare of clients or involves any operation of an

11  unlicensed provider.

12         (c)  Terminate the operation of a provider when a

13  violation of any provision of this part, authorizing statutes,

14  or any standard or rule adopted pursuant thereto exist that

15  materially affect the health, safety, or welfare of clients.

16         (2)  Such injunctive relief may be temporary or

17  permanent.

18         (3)  If action is necessary to protect clients of

19  providers from immediate, life-threatening situations, the

20  court may allow a temporary injunction without bond upon

21  proper proof being made. If it appears by competent evidence

22  or a sworn, substantiated affidavit that a temporary

23  injunction should be issued, the court, pending the

24  determination on final hearing, shall enjoin the operation of

25  the provider.

26         408.817  Administrative proceedings.--Administrative

27  proceedings challenging agency licensure enforcement action

28  shall be reviewed on the basis of the facts and conditions

29  that resulted in the agency action.

30         408.818  Health Care Trust Fund.--Unless otherwise

31  prescribed by authorizing statutes, all fees and fines


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  collected pursuant to this part, authorizing statutes, and

 2  applicable rules shall be deposited into the Health Care Trust

 3  Fund, created in s. 408.16, and used to pay the costs of the

 4  agency in administering the provider program paying the fees

 5  or fines.

 6         408.819  Rules.--The agency is authorized to adopt

 7  rules as necessary to administer this part. Any licensed

 8  provider that is in operation at the time of adoption of any

 9  applicable rule under this part or authorizing statutes shall

10  be given a reasonable time under the particular circumstances,

11  not to exceed 6 months after the date of such adoption, within

12  which to comply with such rule, unless otherwise specified by

13  rule.

14         Section 6.  Subsection (12), paragraph (a) of

15  subsection (13), and subsection (17) of section 112.0455,

16  Florida Statutes, are amended to read:

17         112.0455  Drug-Free Workplace Act.--

18         (12)  DRUG-TESTING STANDARDS; LABORATORIES.--

19         (a)  The requirements of ss. 408.801-408.819 apply to

20  the provision of services that necessitate licensure pursuant

21  to this section and part II of chapter 408 and to entities

22  licensed by or applying for such licensure from the Agency for

23  Health Care Administration pursuant to this section.

24         (b)(a)  A laboratory may analyze initial or

25  confirmation drug specimens only if:

26         1.  The laboratory is licensed and approved by the

27  Agency for Health Care Administration using criteria

28  established by the United States Department of Health and

29  Human Services as general guidelines for modeling the state

30  drug testing program and in accordance with part II of chapter

31  408. Each applicant for licensure must comply with all


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  requirements of part II of chapter 408, with the exception of

 2  s. 408.810(5)-(10). the following requirements:

 3         a.  Upon receipt of a completed, signed, and dated

 4  application, the agency shall require background screening, in

 5  accordance with the level 2 standards for screening set forth

 6  in chapter 435, of the managing employee, or other similarly

 7  titled individual responsible for the daily operation of the

 8  laboratory, and of the financial officer, or other similarly

 9  titled individual who is responsible for the financial

10  operation of the laboratory, including billings for services.

11  The applicant must comply with the procedures for level 2

12  background screening as set forth in chapter 435, as well as

13  the requirements of s. 435.03(3).

14         b.  The agency may require background screening of any

15  other individual who is an applicant if the agency has

16  probable cause to believe that he or she has been convicted of

17  an offense prohibited under the level 2 standards for

18  screening set forth in chapter 435.

19         c.  Proof of compliance with the level 2 background

20  screening requirements of chapter 435 which has been submitted

21  within the previous 5 years in compliance with any other

22  health care licensure requirements of this state is acceptable

23  in fulfillment of screening requirements.

24         d.  A provisional license may be granted to an

25  applicant when each individual required by this section to

26  undergo background screening has met the standards for the

27  Department of Law Enforcement background check, but the agency

28  has not yet received background screening results from the

29  Federal Bureau of Investigation, or a request for a

30  disqualification exemption has been submitted to the agency as

31  set forth in chapter 435, but a response has not yet been


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  issued. A license may be granted to the applicant upon the

 2  agency's receipt of a report of the results of the Federal

 3  Bureau of Investigation background screening for each

 4  individual required by this section to undergo background

 5  screening which confirms that all standards have been met, or

 6  upon the granting of a disqualification exemption by the

 7  agency as set forth in chapter 435. Any other person who is

 8  required to undergo level 2 background screening may serve in

 9  his or her capacity pending the agency's receipt of the report

10  from the Federal Bureau of Investigation. However, the person

11  may not continue to serve if the report indicates any

12  violation of background screening standards and a

13  disqualification exemption has not been requested of and

14  granted by the agency as set forth in chapter 435.

15         e.  Each applicant must submit to the agency, with its

16  application, a description and explanation of any exclusions,

17  permanent suspensions, or terminations of the applicant from

18  the Medicare or Medicaid programs. Proof of compliance with

19  the requirements for disclosure of ownership and control

20  interests under the Medicaid or Medicare programs shall be

21  accepted in lieu of this submission.

22         f.  Each applicant must submit to the agency a

23  description and explanation of any conviction of an offense

24  prohibited under the level 2 standards of chapter 435 by a

25  member of the board of directors of the applicant, its

26  officers, or any individual owning 5 percent or more of the

27  applicant. This requirement does not apply to a director of a

28  not-for-profit corporation or organization if the director

29  serves solely in a voluntary capacity for the corporation or

30  organization, does not regularly take part in the day-to-day

31  operational decisions of the corporation or organization,


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  receives no remuneration for his or her services on the

 2  corporation or organization's board of directors, and has no

 3  financial interest and has no family members with a financial

 4  interest in the corporation or organization, provided that the

 5  director and the not-for-profit corporation or organization

 6  include in the application a statement affirming that the

 7  director's relationship to the corporation satisfies the

 8  requirements of this sub-subparagraph.

 9         g.  A license may not be granted to any applicant if

10  the applicant or managing employee has been found guilty of,

11  regardless of adjudication, or has entered a plea of nolo

12  contendere or guilty to, any offense prohibited under the

13  level 2 standards for screening set forth in chapter 435,

14  unless an exemption from disqualification has been granted by

15  the agency as set forth in chapter 435.

16         h.  The agency may deny or revoke licensure if the

17  applicant:

18         (I)  Has falsely represented a material fact in the

19  application required by sub-subparagraph e. or

20  sub-subparagraph f., or has omitted any material fact from the

21  application required by sub-subparagraph e. or

22  sub-subparagraph f.; or

23         (II)  Has had prior action taken against the applicant

24  under the Medicaid or Medicare program as set forth in

25  sub-subparagraph e.

26         i.  An application for license renewal must contain the

27  information required under sub-subparagraphs e. and f.

28         2.  The laboratory has written procedures to ensure

29  chain of custody.

30         3.  The laboratory follows proper quality control

31  procedures, including, but not limited to:


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         a.  The use of internal quality controls including the

 2  use of samples of known concentrations which are used to check

 3  the performance and calibration of testing equipment, and

 4  periodic use of blind samples for overall accuracy.

 5         b.  An internal review and certification process for

 6  drug test results, conducted by a person qualified to perform

 7  that function in the testing laboratory.

 8         c.  Security measures implemented by the testing

 9  laboratory to preclude adulteration of specimens and drug test

10  results.

11         d.  Other necessary and proper actions taken to ensure

12  reliable and accurate drug test results.

13         (c)(b)  A laboratory shall disclose to the employer a

14  written test result report within 7 working days after receipt

15  of the sample.  All laboratory reports of a drug test result

16  shall, at a minimum, state:

17         1.  The name and address of the laboratory which

18  performed the test and the positive identification of the

19  person tested.

20         2.  Positive results on confirmation tests only, or

21  negative results, as applicable.

22         3.  A list of the drugs for which the drug analyses

23  were conducted.

24         4.  The type of tests conducted for both initial and

25  confirmation tests and the minimum cutoff levels of the tests.

26         5.  Any correlation between medication reported by the

27  employee or job applicant pursuant to subparagraph (8)(b)2.

28  and a positive confirmed drug test result.

29  

30  

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  No report shall disclose the presence or absence of any drug

 2  other than a specific drug and its metabolites listed pursuant

 3  to this section.

 4         (d)(c)  The laboratory shall submit to the Agency for

 5  Health Care Administration a monthly report with statistical

 6  information regarding the testing of employees and job

 7  applicants.  The reports shall include information on the

 8  methods of analyses conducted, the drugs tested for, the

 9  number of positive and negative results for both initial and

10  confirmation tests, and any other information deemed

11  appropriate by the Agency for Health Care Administration. No

12  monthly report shall identify specific employees or job

13  applicants.

14         (e)(d)  Laboratories shall provide technical assistance

15  to the employer, employee, or job applicant for the purpose of

16  interpreting any positive confirmed test results which could

17  have been caused by prescription or nonprescription medication

18  taken by the employee or job applicant.

19         (13)  RULES.--

20         (a)  The Agency for Health Care Administration may

21  adopt additional rules to support this law and part II of

22  chapter 408, using criteria established by the United States

23  Department of Health and Human Services as general guidelines

24  for modeling drug-free workplace laboratories the state

25  drug-testing program, concerning, but not limited to:

26         1.  Standards for drug-testing laboratory licensing and

27  denial, suspension, and revocation of a license.

28         2.  Urine, hair, blood, and other body specimens and

29  minimum specimen amounts which are appropriate for drug

30  testing, not inconsistent with other provisions established by

31  law.


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         3.  Methods of analysis and procedures to ensure

 2  reliable drug-testing results, including standards for initial

 3  tests and confirmation tests, not inconsistent with other

 4  provisions established by law.

 5         4.  Minimum cutoff detection levels for drugs or their

 6  metabolites for the purposes of determining a positive test

 7  result, not inconsistent with other provisions established by

 8  law.

 9         5.  Chain-of-custody procedures to ensure proper

10  identification, labeling, and handling of specimens being

11  tested, not inconsistent with other provisions established by

12  law.

13         6.  Retention, storage, and transportation procedures

14  to ensure reliable results on confirmation tests and retests.

15         7.  A list of the most common medications by brand name

16  or common name, as applicable, as well as by chemical name,

17  which may alter or affect a drug test.

18         (17)  LICENSE FEE.--Fees from licensure of drug-testing

19  laboratories shall be sufficient to carry out the

20  responsibilities of the Agency for Health Care Administration

21  for the regulation of drug-testing laboratories. In accordance

22  with s. 408.805, an applicant or licensee shall pay a fee for

23  each license application submitted under this part and part II

24  of chapter 408. The fee may not be less than $16,000 or more

25  than $20,000 per biennium and shall be established by rule.

26  The Agency for Health Care Administration shall collect fees

27  for all licenses issued under this part.  Each nonrefundable

28  fee shall be due at the time of application and shall be

29  payable to the Agency for Health Care Administration to be

30  deposited in a trust fund administered by the Agency for

31  Health Care Administration and used only for the purposes of


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  this section. The fee schedule is as follows:  For licensure

 2  as a drug-testing laboratory, an annual fee of not less than

 3  $8,000 or more than $10,000 per fiscal year; for late filing

 4  of an application for renewal, an additional fee of $500 per

 5  day shall be charged.

 6         Section 7.  Section 383.301, Florida Statutes, is

 7  amended to read:

 8         383.301  Licensure and regulation of birth centers;

 9  legislative intent.--It is the intent of the Legislature to

10  provide for the protection of public health and safety in the

11  establishment, maintenance, and operation of birth centers by

12  providing for licensure of birth centers and for the

13  development, establishment, and enforcement of minimum

14  standards with respect to birth centers. The requirements of

15  part II of chapter 408 apply to the provision of services that

16  necessitate licensure pursuant to ss. 383.30-383.335 and part

17  II of chapter 408 and to entities licensed by or applying for

18  such licensure from the Agency for Health Care Administration

19  pursuant to ss. 383.30-383.335.

20         Section 8.  Section 383.304, Florida Statutes, is

21  repealed.

22         Section 9.  Section 383.305, Florida Statutes, is

23  amended to read:

24         383.305  Licensure; issuance, renewal, denial,

25  suspension, revocation; fees; background screening.--

26         (1)  In accordance with s. 408.805, an applicant or

27  licensee shall pay a fee for each license application

28  submitted under this part and part II of chapter 408. The

29  amount of the fee shall be established by rule.

30         (1)(a)  Upon receipt of an application for a license

31  and the license fee, the agency shall issue a license if the


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 1  applicant and facility have received all approvals required by

 2  law and meet the requirements established under ss.

 3  383.30-383.335 and by rules promulgated hereunder.

 4         (b)  A provisional license may be issued to any birth

 5  center that is in substantial compliance with ss.

 6  383.30-383.335 and with the rules of the agency.  A

 7  provisional license may be granted for a period of no more

 8  than 1 year from the effective date of rules adopted by the

 9  agency, shall expire automatically at the end of its term, and

10  may not be renewed.

11         (c)  A license, unless sooner suspended or revoked,

12  automatically expires 1 year from its date of issuance and is

13  renewable upon application for renewal and payment of the fee

14  prescribed, provided the applicant and the birth center meet

15  the requirements established under ss. 383.30-383.335 and by

16  rules promulgated hereunder.  A complete application for

17  renewal of a license shall be made 90 days prior to expiration

18  of the license on forms provided by the agency.

19         (2)  An application for a license, or renewal thereof,

20  shall be made to the agency upon forms provided by it and

21  shall contain such information as the agency reasonably

22  requires, which may include affirmative evidence of ability to

23  comply with applicable laws and rules.

24         (3)(a)  Each application for a birth center license, or

25  renewal thereof, shall be accompanied by a license fee.  Fees

26  shall be established by rule of the agency.  Such fees are

27  payable to the agency and shall be deposited in a trust fund

28  administered by the agency, to be used for the sole purpose of

29  carrying out the provisions of ss. 383.30-383.335.

30         (b)  The fees established pursuant to ss.

31  383.30-383.335 shall be based on actual costs incurred by the


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 1  agency in the administration of its duties under such

 2  sections.

 3         (4)  Each license is valid only for the person or

 4  governmental unit to whom or which it is issued; is not

 5  subject to sale, assignment, or other transfer, voluntary or

 6  involuntary; and is not valid for any premises other than

 7  those for which it was originally issued.

 8         (5)  Each license shall be posted in a conspicuous

 9  place on the licensed premises.

10         (6)  Whenever the agency finds that there has been a

11  substantial failure to comply with the requirements

12  established under ss. 383.30-383.335 or in rules adopted under

13  those sections, it is authorized to deny, suspend, or revoke a

14  license.

15         (2)(7)  Each applicant for licensure must comply with

16  the following requirements of part II of chapter 408, with the

17  exception of s. 408.810(7)-(10).:

18         (a)  Upon receipt of a completed, signed, and dated

19  application, the agency shall require background screening, in

20  accordance with the level 2 standards for screening set forth

21  in chapter 435, of the managing employee, or other similarly

22  titled individual who is responsible for the daily operation

23  of the center, and of the financial officer, or other

24  similarly titled individual who is responsible for the

25  financial operation of the center, including billings for

26  patient care and services.  The applicant must comply with the

27  procedures for level 2 background screening as set forth in

28  chapter 435 as well as the requirements of s. 435.03(3).

29         (b)  The agency may require background screening of any

30  other individual who is an applicant if the agency has

31  probable cause to believe that he or she has been convicted of


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 1  a crime or has committed any other offense prohibited under

 2  the level 2 standards for screening set forth in chapter 435.

 3         (c)  Proof of compliance with the level 2 background

 4  screening requirements of chapter 435 which has been submitted

 5  within the previous 5 years in compliance with any other

 6  health care licensure requirements of this state is acceptable

 7  in fulfillment of the requirements of paragraph (a).

 8         (d)  A provisional license may be granted to an

 9  applicant when each individual required by this section to

10  undergo background screening has met the standards for the

11  Department of Law Enforcement background check, but the agency

12  has not yet received background screening results from the

13  Federal Bureau of Investigation, or a request for a

14  disqualification exemption has been submitted to the agency as

15  set forth in chapter 435 but a response has not yet been

16  issued. A standard license may be granted to the applicant

17  upon the agency's receipt of a report of the results of the

18  Federal Bureau of Investigation background screening for each

19  individual required by this section to undergo background

20  screening which confirms that all standards have been met, or

21  upon the granting of a disqualification exemption by the

22  agency as set forth in chapter 435. Any other person who is

23  required to undergo level 2 background screening may serve in

24  his or her capacity pending the agency's receipt of the report

25  from the Federal Bureau of Investigation. However, the person

26  may not continue to serve if the report indicates any

27  violation of background screening standards and a

28  disqualification exemption has not been requested of and

29  granted by the agency as set forth in chapter 435.

30         (e)  Each applicant must submit to the agency, with its

31  application, a description and explanation of any exclusions,


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 1  permanent suspensions, or terminations of the applicant from

 2  the Medicare or Medicaid programs. Proof of compliance with

 3  the requirements for disclosure of ownership and control

 4  interests under the Medicaid or Medicare programs shall be

 5  accepted in lieu of this submission.

 6         (f)  Each applicant must submit to the agency a

 7  description and explanation of any conviction of an offense

 8  prohibited under the level 2 standards of chapter 435 by a

 9  member of the board of directors of the applicant, its

10  officers, or any individual owning 5 percent or more of the

11  applicant. This requirement does not apply to a director of a

12  not-for-profit corporation or organization if the director

13  serves solely in a voluntary capacity for the corporation or

14  organization, does not regularly take part in the day-to-day

15  operational decisions of the corporation or organization,

16  receives no remuneration for his or her services on the

17  corporation or organization's board of directors, and has no

18  financial interest and has no family members with a financial

19  interest in the corporation or organization, provided that the

20  director and the not-for-profit corporation or organization

21  include in the application a statement affirming that the

22  director's relationship to the corporation satisfies the

23  requirements of this paragraph.

24         (g)  A license may not be granted to an applicant if

25  the applicant or managing employee has been found guilty of,

26  regardless of adjudication, or has entered a plea of nolo

27  contendere or guilty to, any offense prohibited under the

28  level 2 standards for screening set forth in chapter 435,

29  unless an exemption from disqualification has been granted by

30  the agency as set forth in chapter 435.

31  


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 1         (h)  The agency may deny or revoke licensure if the

 2  applicant:

 3         1.  Has falsely represented a material fact in the

 4  application required by paragraph (e) or paragraph (f), or has

 5  omitted any material fact from the application required by

 6  paragraph (e) or paragraph (f); or

 7         2.  Has had prior action taken against the applicant

 8  under the Medicaid or Medicare program as set forth in

 9  paragraph (e).

10         (i)  An application for license renewal must contain

11  the information required under paragraphs (e) and (f).

12         Section 10.  Section 383.309, Florida Statutes, is

13  amended to read:

14         383.309  Minimum standards for birth centers; rules and

15  enforcement.--

16         (1)  The agency shall adopt and enforce rules to

17  administer ss. 383.30-383.335 and part II of chapter 408,

18  which rules shall include, but are not limited to, reasonable

19  and fair minimum standards for ensuring that:

20         (a)  Sufficient numbers and qualified types of

21  personnel and occupational disciplines are available at all

22  times to provide necessary and adequate patient care and

23  safety.

24         (b)  Infection control, housekeeping, sanitary

25  conditions, disaster plan, and medical record procedures that

26  will adequately protect patient care and provide safety are

27  established and implemented.

28         (c)  Licensed facilities are established, organized,

29  and operated consistent with established programmatic

30  standards.

31  


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 1         (2)  Any licensed facility that is in operation at the

 2  time of adoption of any applicable rule under ss.

 3  383.30-383.335 shall be given a reasonable time under the

 4  particular circumstances, not to exceed 1 year after the date

 5  of such adoption, within which to comply with such rule.

 6         (2)(3)  The agency may not establish any rule governing

 7  the design, construction, erection, alteration, modification,

 8  repair, or demolition of birth centers. It is the intent of

 9  the Legislature to preempt that function to the Florida

10  Building Commission and the State Fire Marshal through

11  adoption and maintenance of the Florida Building Code and the

12  Florida Fire Prevention Code. However, the agency shall

13  provide technical assistance to the commission and the State

14  Fire Marshal in updating the construction standards of the

15  Florida Building Code and the Florida Fire Prevention Code

16  which govern birth centers. In addition, the agency may

17  enforce the special-occupancy provisions of the Florida

18  Building Code and the Florida Fire Prevention Code which apply

19  to birth centers in conducting any inspection authorized under

20  this chapter.

21         Section 11.  Subsection (1) of section 383.315, Florida

22  Statutes, is amended to read:

23         383.315  Agreements with consultants for advice or

24  services; maintenance.--

25         (1)  A birth center shall maintain in writing a

26  consultation agreement, signed within the current license

27  period year, with each consultant who has agreed to provide

28  advice and services to the birth center as requested.

29         Section 12.  Section 383.324, Florida Statutes, is

30  amended to read:

31  


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 1         383.324  Inspections and investigations; Inspection

 2  fees.--

 3         (1)  The agency shall make or cause to be made such

 4  inspections and investigations as it deems necessary.

 5         (2)  Each facility licensed under s. 383.305 shall pay

 6  to the agency, at the time of inspection, an inspection fee

 7  established by rule of the agency.

 8         (3)  The agency shall coordinate all periodic

 9  inspections for licensure made by the agency to ensure that

10  the cost to the facility of such inspections and the

11  disruption of services by such inspections is minimized.

12         Section 13.  Section 383.325, Florida Statutes, is

13  repealed.

14         Section 14.  Section 383.33, Florida Statutes, is

15  amended to read:

16         383.33  Administrative fines penalties; emergency

17  orders; moratorium on admissions.--

18         (1)(a)  In addition to the requirements of part II of

19  chapter 408, the agency may deny, revoke, or suspend a

20  license, or impose an administrative fine, not to exceed $500

21  per violation per day, for the violation of any provision of

22  ss. 383.30-383.335, part II of chapter 408, or applicable

23  rules or any rule adopted under ss. 383.30-383.335.  Each day

24  of violation constitutes a separate violation and is subject

25  to a separate fine.

26         (2)(b)  In determining the amount of the fine to be

27  levied for a violation, as provided in paragraph (a), the

28  following factors shall be considered:

29         (a)1.  The severity of the violation, including the

30  probability that death or serious harm to the health or safety

31  of any person will result or has resulted; the severity of the


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 1  actual or potential harm; and the extent to which the

 2  provisions of ss. 383.30-383.335, part II of chapter 408, or

 3  applicable rules were violated.

 4         (b)2.  Actions taken by the licensee to correct the

 5  violations or to remedy complaints.

 6         (c)3.  Any previous violations by the licensee.

 7         (c)  All amounts collected pursuant to this section

 8  shall be deposited into a trust fund administered by the

 9  agency to be used for the sole purpose of carrying out the

10  provisions of ss. 383.30-383.335.

11         (2)  The agency may issue an emergency order

12  immediately suspending or revoking a license when it

13  determines that any condition in the licensed facility

14  presents a clear and present danger to the public health and

15  safety.

16         (3)  The agency may impose an immediate moratorium on

17  elective admissions to any licensed facility, building or

18  portion thereof, or service when the agency determines that

19  any condition in the facility presents a threat to the public

20  health or safety.

21         Section 15.  Sections 383.331 and 383.332, Florida

22  Statutes, are repealed.

23         Section 16.  Subsection (1) of section 383.335, Florida

24  Statutes, is amended to read:

25         383.335  Partial exemptions.--

26         (1)  Any facility that which was providing obstetrical

27  and gynecological surgical services and was owned and operated

28  by a board-certified obstetrician on June 15, 1984, and that

29  which is otherwise subject to licensure under ss.

30  383.30-383.335 as a birth center, is exempt from the

31  provisions of ss. 383.30-383.335 and part II of chapter 408


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 1  which restrict the provision of surgical services and outlet

 2  forceps delivery and the administration of anesthesia at birth

 3  centers. The agency shall adopt rules specifically related to

 4  the performance of such services and the administration of

 5  anesthesia at such facilities.

 6         Section 17.  Subsection (5) of section 390.011, Florida

 7  Statutes, is amended to read:

 8         390.011  Definitions.--As used in this chapter, the

 9  term:

10         (5)  "Hospital" means a facility defined in s. 395.002

11  and licensed under chapter 395.

12         Section 18.  Subsection (1) of section 390.012, Florida

13  Statutes, is amended to read:

14         390.012  Powers of agency; rules; disposal of fetal

15  remains.--

16         (1)  The agency may shall have the authority to develop

17  and enforce rules under ss. 390.001-390.021 and part II of

18  chapter 408 for the health, care, and treatment of persons in

19  abortion clinics and for the safe operation of such clinics.

20  These rules shall be comparable to rules which apply to all

21  surgical procedures requiring approximately the same degree of

22  skill and care as the performance of first trimester

23  abortions. The rules shall be reasonably related to the

24  preservation of maternal health of the clients. The rules

25  shall not impose a legally significant burden on a woman's

26  freedom to decide whether to terminate her pregnancy.  The

27  rules shall provide for:

28         (a)  The performance of pregnancy termination

29  procedures only by a licensed physician.

30  

31  


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 1         (b)  The making, protection, and preservation of

 2  patient records, which shall be treated as medical records

 3  under chapter 458.

 4         Section 19.  Section 390.013, Florida Statutes, is

 5  repealed.

 6         Section 20.  Section 390.014, Florida Statutes, is

 7  amended to read:

 8         390.014  Licenses; fees, display, etc.--

 9         (1)  The requirements of part II of chapter 408 apply

10  to the provision of services that necessitate licensure

11  pursuant to ss. 390.011-390.021 and part II of chapter 408 and

12  to entities licensed by or applying for such licensure from

13  the Agency for Health Care Administration pursuant to ss.

14  390.011-390.021. However, an applicant for licensure is exempt

15  from s. 408.810(7)-(10). No abortion clinic shall operate in

16  this state without a currently effective license issued by the

17  agency.

18         (2)  A separate license shall be required for each

19  clinic maintained on separate premises, even though it is

20  operated by the same management as another clinic; but a

21  separate license shall not be required for separate buildings

22  on the same premises.

23         (3)  In accordance with s. 408.805, an applicant or

24  licensee shall pay a fee for each license application

25  submitted under this part and part II of chapter 408. The fee

26  shall be established by rule and The annual license fee

27  required for a clinic shall be nonrefundable and shall be

28  reasonably calculated to cover the cost of regulation under

29  this chapter, but may not be less than $70 or $35 nor more

30  than $500 per biennium $250.

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1         (4)  Counties and municipalities applying for licenses

 2  under this act shall be exempt from the payment of the license

 3  fees.

 4         (5)  The license shall be displayed in a conspicuous

 5  place inside the clinic.

 6         (6)  A license shall be valid only for the clinic to

 7  which it is issued, and it shall not be subject to sale,

 8  assignment, or other transfer, voluntary or involuntary.  No

 9  license shall be valid for any premises other than those for

10  which it was originally issued.

11         Section 21.  Sections 390.015, 390.016, and 390.017,

12  Florida Statutes, are repealed.

13         Section 22.  Section 390.018, Florida Statutes, is

14  amended to read:

15         390.018  Administrative fine penalty in lieu of

16  revocation or suspension.--In addition to the requirements of

17  part II of chapter 408 If the agency finds that one or more

18  grounds exist for the revocation or suspension of a license

19  issued to an abortion clinic, the agency may, in lieu of such

20  suspension or revocation, impose a fine upon the clinic in an

21  amount not to exceed $1,000 for each violation of any

22  provision of this part, part II of chapter 408, or applicable

23  rules. The fine shall be paid to the agency within 60 days

24  from the date of entry of the administrative order.  If the

25  licensee fails to pay the fine in its entirety to the agency

26  within the period allowed, the license of the licensee shall

27  stand suspended, revoked, or renewal or continuation may be

28  refused, as the case may be, upon expiration of such period

29  and without any further administrative or judicial

30  proceedings.

31  


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 1         Section 23.  Sections 390.019 and 390.021, Florida

 2  Statutes, are repealed.

 3         Section 24.  Subsection (13) of section 394.455,

 4  Florida Statutes, is amended to read:

 5         394.455  Definitions.--As used in this part, unless the

 6  context clearly requires otherwise, the term:

 7         (13)  "Hospital" means a facility defined in s. 395.002

 8  and licensed under chapter 395.

 9         Section 25.  Section 394.67, Florida Statutes, is

10  amended to read:

11         394.67  Definitions.--As used in this part, the term:

12         (1)  "Agency" means the Agency for Health Care

13  Administration.

14         (2)  "Applicant" means an individual applicant, or any

15  officer, director, agent, managing employee, or affiliated

16  person, or any partner or shareholder having an ownership

17  interest equal to a 5-percent or greater interest in the

18  corporation, partnership, or other business entity.

19         (2)(3)  "Client" means any individual receiving

20  services in any substance abuse or mental health facility,

21  program, or service, which facility, program, or service is

22  operated, funded, or regulated by the agency and the

23  department or regulated by the agency.

24         (3)(4)  "Crisis services" means short-term evaluation,

25  stabilization, and brief intervention services provided to a

26  person who is experiencing an acute mental or emotional

27  crisis, as defined in subsection (17) (18), or an acute

28  substance abuse crisis, as defined in subsection (18) (19), to

29  prevent further deterioration of the person's mental health.

30  Crisis services are provided in settings such as a crisis

31  stabilization unit, an inpatient unit, a short-term


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 1  residential treatment program, a detoxification facility, or

 2  an addictions receiving facility; at the site of the crisis by

 3  a mobile crisis response team; or at a hospital on an

 4  outpatient basis.

 5         (4)(5)  "Crisis stabilization unit" means a program

 6  that provides an alternative to inpatient hospitalization and

 7  that provides brief, intensive services 24 hours a day, 7 days

 8  a week, for mentally ill individuals who are in an acutely

 9  disturbed state.

10         (5)(6)  "Department" means the Department of Children

11  and Family Services.

12         (6)(7)  "Director" means any member of the official

13  board of directors reported in the organization's annual

14  corporate report to the Florida Department of State, or, if no

15  such report is made, any member of the operating board of

16  directors. The term excludes members of separate, restricted

17  boards that serve only in an advisory capacity to the

18  operating board.

19         (7)(8)  "District administrator" means the person

20  appointed by the Secretary of Children and Family Services for

21  the purpose of administering a department service district as

22  set forth in s. 20.19.

23         (8)(9)  "District plan" or "plan" means the combined

24  district substance abuse and mental health plan approved by

25  the district administrator and governing bodies in accordance

26  with this part.

27         (9)(10)  "Federal funds" means funds from federal

28  sources for substance abuse or mental health facilities and

29  programs, exclusive of federal funds that are deemed eligible

30  by the Federal Government, and are eligible through state

31  regulation, for matching purposes.


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 1         (10)(11)  "Governing body" means the chief legislative

 2  body of a county, a board of county commissioners, or boards

 3  of county commissioners in counties acting jointly, or their

 4  counterparts in a charter government.

 5         (11)(12)  "Health and human services board" or "board"

 6  means the board within a district or subdistrict of the

 7  department which is established in accordance with s. 20.19

 8  and designated in this part for the purpose of assessing the

 9  substance abuse and mental health needs of the community and

10  developing a plan to address those needs.

11         (12)(13)  "Licensed facility" means a facility licensed

12  in accordance with this chapter.

13         (13)(14)  "Local matching funds" means funds received

14  from governing bodies of local government, including city

15  commissions, county commissions, district school boards,

16  special tax districts, private hospital funds, private gifts,

17  both individual and corporate, and bequests and funds received

18  from community drives or any other sources.

19         (14)(15)  "Managing employee" means the administrator

20  or other similarly titled individual who is responsible for

21  the daily operation of the facility.

22         (15)(16)  "Mental health services" means those

23  therapeutic interventions and activities that help to

24  eliminate, reduce, or manage symptoms or distress for persons

25  who have severe emotional distress or a mental illness and to

26  effectively manage the disability that often accompanies a

27  mental illness so that the person can recover from the mental

28  illness, become appropriately self-sufficient for his or her

29  age, and live in a stable family or in the community. The term

30  also includes those preventive interventions and activities

31  


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 1  that reduce the risk for or delay the onset of mental

 2  disorders. The term includes the following types of services:

 3         (a)  Treatment services, such as psychiatric

 4  medications and supportive psychotherapies, which are intended

 5  to reduce or ameliorate the symptoms of severe distress or

 6  mental illness.

 7         (b)  Rehabilitative services, which are intended to

 8  reduce or eliminate the disability that is associated with

 9  mental illness. Rehabilitative services may include assessment

10  of personal goals and strengths, readiness preparation,

11  specific skill training, and assistance in designing

12  environments that enable individuals to maximize their

13  functioning and community participation.

14         (c)  Support services, which include services that

15  assist individuals in living successfully in environments of

16  their choice. Such services may include income supports,

17  social supports, housing supports, vocational supports, or

18  accommodations related to the symptoms or disabilities

19  associated with mental illness.

20         (d)  Case management services, which are intended to

21  assist individuals in obtaining the formal and informal

22  resources that they need to successfully cope with the

23  consequences of their illness. Resources may include treatment

24  or rehabilitative or supportive interventions by both formal

25  and informal providers. Case management may include an

26  assessment of client needs; intervention planning with the

27  client, his or her family, and service providers; linking the

28  client to needed services; monitoring service delivery;

29  evaluating the effect of services and supports; and advocating

30  on behalf of the client.

31  


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 1  Mental health services may be delivered in a variety of

 2  settings, such as inpatient, residential, partial hospital,

 3  day treatment, outpatient, club house, or a drop-in or

 4  self-help center, as well as in other community settings, such

 5  as the client's residence or workplace. The types and

 6  intensity of services provided shall be based on the client's

 7  clinical status and goals, community resources, and

 8  preferences. Services such as assertive community treatment

 9  involve all four types of services which are delivered by a

10  multidisciplinary treatment team that is responsible for

11  identified individuals who have a serious mental illness.

12         (16)(17)  "Patient fees" means compensation received by

13  a community substance abuse or mental health facility for

14  services rendered to a specific client from any source of

15  funds, including city, county, state, federal, and private

16  sources.

17         (17)(18)  "Person who is experiencing an acute mental

18  or emotional crisis" means a child, adolescent, or adult who

19  is experiencing a psychotic episode or a high level of mental

20  or emotional distress which may be precipitated by a traumatic

21  event or a perceived life problem for which the individual's

22  typical coping strategies are inadequate. The term includes an

23  individual who meets the criteria for involuntary examination

24  specified in s. 394.463(1).

25         (18)(19)  "Person who is experiencing an acute

26  substance abuse crisis" means a child, adolescent, or adult

27  who is experiencing a medical or emotional crisis because of

28  the use of alcoholic beverages or any psychoactive or

29  mood-altering substance. The term includes an individual who

30  meets the criteria for involuntary admission specified in s.

31  397.675.


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 1         (19)(20)  "Premises" means those buildings, beds, and

 2  facilities located at the main address of the licensee and all

 3  other buildings, beds, and facilities for the provision of

 4  acute or residential care which are located in such reasonable

 5  proximity to the main address of the licensee as to appear to

 6  the public to be under the dominion and control of the

 7  licensee.

 8         (20)(21)  "Program office" means the Mental Health

 9  Program Office of the Department of Children and Family

10  Services.

11         (21)(22)  "Residential treatment center for children

12  and adolescents" means a 24-hour residential program,

13  including a therapeutic group home, which provides mental

14  health services to emotionally disturbed children or

15  adolescents as defined in s. 394.492(5) or (6) and which is a

16  private for-profit or not-for-profit corporation under

17  contract with the department which offers a variety of

18  treatment modalities in a more restrictive setting.

19         (22)(23)  "Residential treatment facility" means a

20  facility providing residential care and treatment to

21  individuals exhibiting symptoms of mental illness who are in

22  need of a 24-hour-per-day, 7-day-a-week structured living

23  environment, respite care, or long-term community placement.

24         (23)  "Short-term residential treatment facility" means

25  a program that provides an alternative to inpatient

26  hospitalization and that provides brief, intensive services 24

27  hours a day, 7 days a week, for mentally ill individuals who

28  are temporarily in need of a 24-hour-a-day structured

29  therapeutic setting in a less restrictive, but longer-stay

30  alternative to hospitalization.

31  


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 1         (24)  "Sliding fee scale" means a schedule of fees for

 2  identified services delivered by a service provider which are

 3  based on a uniform schedule of discounts deducted from the

 4  service provider's usual and customary charges. These charges

 5  must be consistent with the prevailing market rates in the

 6  community for comparable services.

 7         (25)  "Substance abuse services" means services

 8  designed to prevent or remediate the consequences of substance

 9  abuse, improve an individual's quality of life and

10  self-sufficiency, and support long-term recovery. The term

11  includes the following service categories:

12         (a)  Prevention services, which include information

13  dissemination; education regarding the consequences of

14  substance abuse; alternative drug-free activities; problem

15  identification; referral of persons to appropriate prevention

16  programs; community-based programs that involve members of

17  local communities in prevention activities; and environmental

18  strategies to review, change, and enforce laws that control

19  the availability of controlled and illegal substances.

20         (b)  Assessment services, which include the evaluation

21  of individuals and families in order to identify their

22  strengths and determine their required level of care,

23  motivation, and need for treatment and ancillary services.

24         (c)  Intervention services, which include early

25  identification, short-term counseling and referral, and

26  outreach.

27         (d)  Rehabilitation services, which include

28  residential, outpatient, day or night, case management,

29  in-home, psychiatric, and medical treatment, and methadone or

30  medication management.

31  


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 1         (e)  Ancillary services, which include self-help and

 2  other support groups and activities; aftercare provided in a

 3  structured, therapeutic environment; supported housing;

 4  supported employment; vocational services; and educational

 5  services.

 6         Section 26.  Section 394.875, Florida Statutes, is

 7  amended to read:

 8         394.875  Crisis stabilization units, short-term

 9  residential treatment facilities, residential treatment

10  facilities, and residential treatment centers for children and

11  adolescents; authorized services; license required;

12  penalties.--

13         (1)(a)  The purpose of a crisis stabilization unit is

14  to stabilize and redirect a client to the most appropriate and

15  least restrictive community setting available, consistent with

16  the client's needs.  Crisis stabilization units may screen,

17  assess, and admit for stabilization persons who present

18  themselves to the unit and persons who are brought to the unit

19  under s. 394.463.  Clients may be provided 24-hour

20  observation, medication prescribed by a physician or

21  psychiatrist, and other appropriate services.  Crisis

22  stabilization units shall provide services regardless of the

23  client's ability to pay and shall be limited in size to a

24  maximum of 30 beds.

25         (b)  The purpose of a short-term residential treatment

26  unit is to provide intensive services in a 24-hour-a-day

27  structured therapeutic setting as a less restrictive, but

28  longer-stay alternative to hospitalization.

29         (c)(b)  The purpose of a residential treatment facility

30  is to be a part of a comprehensive treatment program for

31  


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 1  mentally ill individuals in a community-based residential

 2  setting.

 3         (d)(c)  The purpose of a residential treatment center

 4  for children and adolescents is to provide mental health

 5  assessment and treatment services pursuant to ss. 394.491,

 6  394.495, and 394.496 to children and adolescents who meet the

 7  target population criteria specified in s. 394.493(1)(a), (b),

 8  or (c).

 9         (2)  The requirements of part II of chapter 408 apply

10  to the provision of services that necessitate licensure

11  pursuant to ss. 394.455-394.904 and part II of chapter 408 and

12  to entities licensed by or applying for such licensure from

13  the Agency for Health Care Administration pursuant to ss.

14  394.455-394.904. However, an applicant for licensure is exempt

15  from the provisions of s. 408.810(8), (9), and (10). It is

16  unlawful for any entity to hold itself out as a crisis

17  stabilization unit, a residential treatment facility, or a

18  residential treatment center for children and adolescents, or

19  to act as a crisis stabilization unit, a residential treatment

20  facility, or a residential treatment center for children and

21  adolescents, unless it is licensed by the agency pursuant to

22  this chapter.

23         (3)  Any person who violates subsection (2) is guilty

24  of a misdemeanor of the first degree, punishable as provided

25  in s. 775.082 or s. 775.083.

26         (4)  The agency may maintain an action in circuit court

27  to enjoin the unlawful operation of a crisis stabilization

28  unit, a residential treatment facility, or a residential

29  treatment center for children and adolescents if the agency

30  first gives the violator 14 days' notice of its intention to

31  


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 1  maintain such action and if the violator fails to apply for

 2  licensure within such 14-day period.

 3         (3)(5)  The following entities are exempt from

 4  licensure as required in ss. 394.455-394.904 Subsection (2)

 5  does not apply to:

 6         (a)  Hospitals licensed under chapter 395 or programs

 7  operated within such hospitals. Homes for special services

 8  licensed under chapter 400; or

 9         (b)  Nursing homes licensed under chapter 400.

10         (c)  Comprehensive transitional education programs

11  licensed under s. 393.067.

12         (4)(6)  The department, in consultation with the

13  agency, may establish multiple license classifications for

14  residential treatment facilities.

15         (5)(7)  The agency may not issue a license to a crisis

16  stabilization unit unless the unit receives state mental

17  health funds and is affiliated with a designated public

18  receiving facility.

19         (6)(8)  The agency may issue a license for a crisis

20  stabilization unit or short-term residential treatment

21  facility, certifying the number of authorized beds for such

22  facility as indicated by existing need and available

23  appropriations.  The agency may disapprove an application for

24  such a license if it determines that a facility should not be

25  licensed pursuant to the provisions of this chapter.  Any

26  facility operating beds in excess of those authorized by the

27  agency shall, upon demand of the agency, reduce the number of

28  beds to the authorized number, forfeit its license, or provide

29  evidence of a license issued pursuant to chapter 395 for the

30  excess beds.

31  


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 1         (7)(9)  A children's crisis stabilization unit which

 2  does not exceed 20 licensed beds and which provides separate

 3  facilities or a distinct part of a facility, separate

 4  staffing, and treatment exclusively for minors may be located

 5  on the same premises as a crisis stabilization unit serving

 6  adults. The department, in consultation with the agency, shall

 7  adopt rules governing facility construction, staffing and

 8  licensure requirements, and the operation of such units for

 9  minors.

10         (8)(10)  The department, in consultation with the

11  agency, must adopt rules governing a residential treatment

12  center for children and adolescents which specify licensure

13  standards for:  admission; length of stay; program and

14  staffing; discharge and discharge planning; treatment

15  planning; seclusion, restraints, and time-out; rights of

16  patients under s. 394.459; use of psychotropic medications;

17  and standards for the operation of such centers.

18         (9)(11)  Notwithstanding the provisions of subsection

19  (6) (8), crisis stabilization units may not exceed their

20  licensed capacity by more than 10 percent, nor may they exceed

21  their licensed capacity for more than 3 consecutive working

22  days or for more than 7 days in 1 month.

23         (10)(12)  Notwithstanding the other provisions of this

24  section, any facility licensed under former chapter 396 and

25  chapter 397 for detoxification, residential level I care, and

26  outpatient treatment may elect to license concurrently all of

27  the beds at such facility both for that purpose and as a

28  long-term residential treatment facility pursuant to this

29  section, if all of the following conditions are met:

30         (a)  The licensure application is received by the

31  department prior to January 1, 1993.


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 1         (b)  On January 1, 1993, the facility was licensed

 2  under former chapter 396 and chapter 397 as a facility for

 3  detoxification, residential level I care, and outpatient

 4  treatment of substance abuse.

 5         (c)  The facility restricted its practice to the

 6  treatment of law enforcement personnel for a period of at

 7  least 12 months beginning after January 1, 1992.

 8         (d)  The number of beds to be licensed under this

 9  chapter is equal to or less than the number of beds licensed

10  under former chapter 396 and chapter 397 as of January 1,

11  1993.

12         (e)  The licensee agrees in writing to a condition

13  placed upon the license that the facility will limit its

14  treatment exclusively to law enforcement personnel and their

15  immediate families who are seeking admission on a voluntary

16  basis and who are exhibiting symptoms of posttraumatic stress

17  disorder or other mental health problems, including drug or

18  alcohol abuse, which are directly related to law enforcement

19  work and which are amenable to verbal treatment therapies; the

20  licensee agrees to coordinate the provision of appropriate

21  postresidential care for discharged individuals; and the

22  licensee further agrees in writing that a failure to meet any

23  condition specified in this paragraph shall constitute grounds

24  for a revocation of the facility's license as a residential

25  treatment facility.

26         (f)  The licensee agrees that the facility will meet

27  all licensure requirements for a residential treatment

28  facility, including minimum standards for compliance with

29  lifesafety requirements, except those licensure requirements

30  which are in express conflict with the conditions and other

31  provisions specified in this subsection.


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 1         (g)  The licensee agrees that the conditions stated in

 2  this subsection must be agreed to in writing by any person

 3  acquiring the facility by any means.

 4  

 5  Any facility licensed under this subsection is not required to

 6  provide any services to any persons except those included in

 7  the specified conditions of licensure, and is exempt from any

 8  requirements related to the 60-day or greater average length

 9  of stay imposed on community-based residential treatment

10  facilities otherwise licensed under this chapter.

11         (13)  Each applicant for licensure must comply with the

12  following requirements:

13         (a)  Upon receipt of a completed, signed, and dated

14  application, the agency shall require background screening, in

15  accordance with the level 2 standards for screening set forth

16  in chapter 435,  of the managing employee and financial

17  officer, or other similarly titled individual who is

18  responsible for the financial operation of the facility,

19  including billings for client care and services. The applicant

20  must comply with the procedures for level 2 background

21  screening as set forth in chapter 435, as well as the

22  requirements of s. 435.03(3).

23         (b)  The agency may require background screening of any

24  other individual who is an applicant if the agency has

25  probable cause to believe that he or she has been convicted of

26  a crime or has committed any other offense prohibited under

27  the level 2 standards for screening set forth in chapter 435.

28         (c)  Proof of compliance with the level 2 background

29  screening requirements of chapter 435 which has been submitted

30  within the previous 5 years in compliance with any other

31  


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 1  health care licensure requirements of this state is acceptable

 2  in fulfillment of the requirements of paragraph (a).

 3         (d)  A provisional license may be granted to an

 4  applicant when each individual required by this section to

 5  undergo background screening has met the standards for the

 6  Department of Law Enforcement background check, but the agency

 7  has not yet received background screening results from the

 8  Federal Bureau of Investigation, or a request for a

 9  disqualification exemption has been submitted to the agency as

10  set forth in chapter 435, but a response has not yet been

11  issued. A standard license may be granted to the applicant

12  upon the agency's receipt of a report of the results of the

13  Federal Bureau of Investigation background screening for each

14  individual required by this section to undergo background

15  screening which confirms that all standards have been met, or

16  upon the granting of a disqualification exemption by the

17  agency as set forth in chapter 435. Any other person who is

18  required to undergo level 2 background screening may serve in

19  his or her capacity pending the agency's receipt of the report

20  from the Federal Bureau of Investigation. However, the person

21  may not continue to serve if the report indicates any

22  violation of background screening standards and a

23  disqualification exemption has not been requested of and

24  granted by the agency as set forth in chapter 435.

25         (e)  Each applicant must submit to the agency, with its

26  application, a description and explanation of any exclusions,

27  permanent suspensions, or terminations of the applicant from

28  the Medicare or Medicaid programs. Proof of compliance with

29  the requirements for disclosure of ownership and control

30  interests under the Medicaid or Medicare programs shall be

31  accepted in lieu of this submission.


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 1         (f)  Each applicant must submit to the agency a

 2  description and explanation of any conviction of an offense

 3  prohibited under the level 2 standards of chapter 435 by a

 4  member of the board of directors of the applicant, its

 5  officers, or any individual owning 5 percent or more of the

 6  applicant. This requirement does not apply to a director of a

 7  not-for-profit corporation or organization if the director

 8  serves solely in a voluntary capacity for the corporation or

 9  organization, does not regularly take part in the day-to-day

10  operational decisions of the corporation or organization,

11  receives no remuneration for his or her services on the

12  corporation or organization's board of directors, and has no

13  financial interest and has no family members with a financial

14  interest in the corporation or organization, provided that the

15  director and the not-for-profit corporation or organization

16  include in the application a statement affirming that the

17  director's relationship to the corporation satisfies the

18  requirements of this paragraph.

19         (g)  A license may not be granted to an applicant if

20  the applicant or managing employee has been found guilty of,

21  regardless of adjudication, or has entered a plea of nolo

22  contendere or guilty to, any offense prohibited under the

23  level 2 standards for screening set forth in chapter 435,

24  unless an exemption from disqualification has been granted by

25  the agency as set forth in chapter 435.

26         (h)  The agency may deny or revoke licensure if the

27  applicant:

28         1.  Has falsely represented a material fact in the

29  application required by paragraph (e) or paragraph (f), or has

30  omitted any material fact from the application required by

31  paragraph (e) or paragraph (f); or


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 1         2.  Has had prior action taken against the applicant

 2  under the Medicaid or Medicare program as set forth in

 3  paragraph (e).

 4         (i)  An application for license renewal must contain

 5  the information required under paragraphs (e) and (f).

 6         Section 27.  Section 394.876, Florida Statutes, is

 7  repealed.

 8         Section 28.  Section 394.877, Florida Statutes, is

 9  amended to read:

10         394.877  Fees.--

11         (1)  In accordance with s. 408.805, an applicant or

12  licensee shall pay a fee for each license application

13  submitted under this part and part II of chapter 408. The

14  amount of the fee shall be established by rule. Each

15  application for licensure or renewal must be accompanied by a

16  fee set by the department, in consultation with the agency, by

17  rule. Such fees shall be reasonably calculated to cover only

18  the cost of regulation under this chapter.

19         (2)  All fees collected under this section shall be

20  deposited in the Health Care Trust Fund.

21         Section 29.  Section 394.878, Florida Statutes, is

22  amended to read:

23         394.878  Issuance and renewal of licenses.--

24         (1)  Upon review of the application for licensure and

25  receipt of appropriate fees, the agency shall issue an

26  original or renewal license to any applicant that meets the

27  requirements of this chapter.

28         (2)  A license is valid for a period of 1 year.  An

29  applicant for renewal of a license shall apply to the agency

30  no later than 90 days before expiration of the current

31  license.


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 1         (3)  A license may not be transferred from one entity

 2  to another and is valid only for the premises for which it was

 3  originally issued.  For the purposes of this subsection,

 4  "transfer" includes, but is not limited to, transfer of a

 5  majority of the ownership interests in a licensee or transfer

 6  of responsibilities under the license to another entity by

 7  contractual arrangement.

 8         (4)  Each license shall state the services which the

 9  licensee is required or authorized to perform and the maximum

10  residential capacity of the licensed premises.

11         (1)(5)  The agency may issue a probationary license to

12  an applicant that has completed the application requirements

13  of this chapter but has not, at the time of the application,

14  developed an operational crisis stabilization unit or

15  residential treatment facility.  The probationary license

16  shall expire 90 days after issuance and may once be renewed

17  for an additional 90-day period. The agency may cancel a

18  probationary license at any time.

19         (2)(6)  The agency may issue an interim license to an

20  applicant that has substantially completed all application

21  requirements and has initiated action to fully meet such

22  requirements.  The interim license shall expire 90 days after

23  issuance and, in cases of extreme hardship, may once be

24  renewed for an additional 90-day period.

25         (7)  Any applicant which fails to file an application

26  for license renewal during the 90-day relicensure period shall

27  be considered unlicensed and subject to penalties pursuant to

28  s. 394.875.

29         Section 30.  Subsections (1), (3), and (4) of section

30  394.879, Florida Statutes, are amended to read:

31         394.879  Rules; enforcement.--


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 1         (1)  The agency, in consultation with the department,

 2  may adopt rules to administer part II of chapter 408. The

 3  department, in consultation with the agency, shall adopt rules

 4  pursuant to ss. 120.536(1) and 120.54 to implement the

 5  provisions of this chapter, including, at a minimum, rules

 6  providing standards to ensure that:

 7         (a)  Sufficient numbers and types of qualified

 8  personnel are on duty and available at all times to provide

 9  necessary and adequate client safety and care.

10         (b)  Adequate space is provided each client of a

11  licensed facility.

12         (c)  Licensed facilities are limited to an appropriate

13  number of beds.

14         (d)  Each licensee establishes and implements adequate

15  infection control, housekeeping, sanitation, disaster

16  planning, and medical recordkeeping.

17         (e)  Licensed facilities are established, organized,

18  and operated in accordance with programmatic standards of the

19  department.

20         (f)  The operation and purposes of these facilities

21  assure individuals' health, safety, and welfare.

22         (3)  The department, in consultation with the agency,

23  shall allow any licensed facility in operation at the time of

24  adoption of any rule a reasonable period, not to exceed 1

25  year, to bring itself into compliance with department rules

26  such rule.

27         (4)  In accordance with part II of chapter 408, the

28  agency may impose an administrative penalty of no more than

29  $500 per day against any licensee that violates any rule

30  adopted pursuant to this section and may suspend or revoke the

31  license or deny the renewal application of such licensee.  In


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 1  imposing such penalty, the agency shall consider the severity

 2  of the violation, actions taken by the licensee to correct the

 3  violation, and previous violations by the licensee. Fines

 4  collected under this subsection shall be deposited in the

 5  Mental Health Facility Licensing Trust Fund.

 6         Section 31.  Paragraph (a) of subsection (1) of section

 7  394.90, Florida Statutes, is amended to read:

 8         394.90  Inspection; right of entry; records.--

 9         (1)(a)  The department and the agency, in accordance

10  with s. 408.811, may enter and inspect at any time a licensed

11  facility to determine whether the facility is in compliance

12  with this chapter and applicable the rules of the department.

13         Section 32.  Section 394.902, Florida Statutes, is

14  amended to read:

15         394.902  Denial, suspension, and revocation; other

16  remedies.--

17         (1)  The agency may issue an emergency order suspending

18  or revoking a license if the agency determines that the

19  continued operation of the licensed facility presents a clear

20  and present danger to the public health or safety.

21         (2)  The agency may impose a moratorium on elective

22  admissions to a licensee or any program or portion of a

23  licensed facility if the agency determines that any condition

24  in the facility presents a threat to the public health or

25  safety.

26         (3)  If the agency determines that an applicant or

27  licensee is not in compliance with this chapter or the rules

28  adopted under this chapter, the agency may deny, suspend, or

29  revoke the license or application or may suspend, revoke, or

30  impose reasonable restrictions on any portion of the license.

31  If a license is revoked, the licensee is barred from


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 1  submitting any application for licensure to the agency for a

 2  period of 6 months following revocation.

 3         (4)  The agency may maintain an action in circuit court

 4  to enjoin the operation of any licensed or unlicensed facility

 5  in violation of this chapter or the rules adopted under this

 6  chapter.

 7         (5)  License denial, suspension, or revocation

 8  procedures shall be in accordance with chapter 120.

 9         Section 33.  Subsection (4) of section 395.002, Florida

10  Statutes, is repealed.

11         Section 34.  Section 395.003, Florida Statutes, is

12  amended to read:

13         395.003  Licensure; issuance, renewal, denial,

14  modification, suspension, and revocation.--

15         (1)(a)  A No person may not shall establish, conduct,

16  or maintain a hospital, ambulatory surgical center, or mobile

17  surgical facility in this state without first obtaining a

18  license under this part.

19         (b)1.  It is unlawful for a any person to use or

20  advertise to the public, in any way or by any medium

21  whatsoever, any facility as a "hospital," "ambulatory surgical

22  center," or "mobile surgical facility" unless such facility

23  has first secured a license under the provisions of this part.

24         2.  Nothing in This part does not apply applies to

25  veterinary hospitals or to commercial business establishments

26  using the word "hospital," "ambulatory surgical center," or

27  "mobile surgical facility" as a part of a trade name if no

28  treatment of human beings is performed on the premises of such

29  establishments.

30         3.  By December 31, 2004, the agency shall submit a

31  report to the President of the Senate and the Speaker of the


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 1  House of Representatives recommending whether it is in the

 2  public interest to allow a hospital to license or operate an

 3  emergency department located off the premises of the hospital.

 4  If the agency finds it to be in the public interest, the

 5  report shall also recommend licensure criteria for such

 6  medical facilities, including criteria related to quality of

 7  care and, if deemed necessary, the elimination of the

 8  possibility of confusion related to the service capabilities

 9  of such facility in comparison to the service capabilities of

10  an emergency department located on the premises of the

11  hospital. Until July 1, 2005, additional emergency departments

12  located off the premises of licensed hospitals may not be

13  authorized by the agency.

14         (2)(a)  Upon the receipt of an application for a

15  license and the license fee, the agency shall issue a license

16  if the applicant and facility have received all approvals

17  required by law and meet the requirements established under

18  this part and in rules. Such license shall include all beds

19  and services located on the premises of the facility.

20         (b)  A provisional license may be issued to a new

21  facility or a facility that is in substantial compliance with

22  this part and with the rules of the agency.  A provisional

23  license shall be granted for a period of no more than 1 year

24  and shall expire automatically at the end of its term.  A

25  provisional license may not be renewed.

26         (c)  A license, unless sooner suspended or revoked,

27  shall automatically expire 2 years from the date of issuance

28  and shall be renewable biennially upon application for renewal

29  and payment of the fee prescribed by s. 395.004(2), provided

30  the applicant and licensed facility meet the requirements

31  established under this part and in rules.  An application for


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 1  renewal of a license shall be made 90 days prior to expiration

 2  of the license, on forms provided by the agency.

 3         (3)(d)  The agency shall, at the request of a licensee,

 4  issue a single license to a licensee for facilities located on

 5  separate premises.  Such a license shall specifically state

 6  the location of the facilities, the services, and the licensed

 7  beds available on each separate premises.  If a licensee

 8  requests a single license, the licensee shall designate which

 9  facility or office is responsible for receipt of information,

10  payment of fees, service of process, and all other activities

11  necessary for the agency to carry out the provisions of this

12  part.

13         (4)(e)  The agency shall, at the request of a licensee

14  that is a teaching hospital as defined in s. 408.07(44), issue

15  a single license to a licensee for facilities that have been

16  previously licensed as separate premises, provided such

17  separately licensed facilities, taken together, constitute the

18  same premises as defined in s. 395.002(24). Such license for

19  the single premises shall include all of the beds, services,

20  and programs that were previously included on the licenses for

21  the separate premises. The granting of a single license under

22  this paragraph shall not in any manner reduce the number of

23  beds, services, or programs operated by the licensee.

24         (5)(f)  Intensive residential treatment programs for

25  children and adolescents which have received accreditation

26  from the Joint Commission on Accreditation of Healthcare

27  Organizations and which meet the minimum standards developed

28  by rule of the agency for such programs shall be licensed by

29  the agency under this part.

30         (3)(a)  Each license shall be valid only for the person

31  to whom it is issued and shall not be sold, assigned, or


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 1  otherwise transferred, voluntarily or involuntarily.  A

 2  license is only valid for the premises for which it was

 3  originally issued.

 4         (b)1.  An application for a new license is required if

 5  ownership, a majority of the ownership, or controlling

 6  interest of a licensed facility is transferred or assigned and

 7  when a lessee agrees to undertake or provide services to the

 8  extent that legal liability for operation of the facility

 9  rests with the lessee. The application for a new license

10  showing such change shall be made at least 60 days prior to

11  the date of the sale, transfer, assignment, or lease.

12         (6)2.  After a change of ownership has occurred, the

13  transferee shall be liable for any liability to the state,

14  regardless of when identified, resulting from changes to

15  allowable costs affecting provider reimbursement for Medicaid

16  participation or Public Medical Assistance Trust Fund

17  Assessments, and related administrative fines.  The

18  transferee, simultaneously with the transfer of ownership,

19  shall pay or make arrangements to pay to the agency or the

20  department any amount owed to the agency or the department;

21  payment assurances may be in the form of an irrevocable credit

22  instrument or payment bond acceptable to the agency or the

23  department provided by or on behalf of the transferor.  The

24  issuance of a license to the transferee shall be delayed

25  pending payment or until arrangement for payment acceptable to

26  the agency or the department is made.

27         (7)(4)  The agency shall issue a license which

28  specifies the service categories and the number of hospital

29  beds in each bed category for which a license is received.

30  Such information shall be listed on the face of the license.

31  All beds which are not covered by any specialty-bed-need


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 1  methodology shall be specified as general beds.  A licensed

 2  facility shall not operate a number of hospital beds greater

 3  than the number indicated by the agency on the face of the

 4  license without approval from the agency under conditions

 5  established by rule.

 6         (8)(5)(a)  Adherence to patient rights, standards of

 7  care, and examination and placement procedures provided under

 8  part I of chapter 394 shall be a condition of licensure for

 9  hospitals providing voluntary or involuntary medical or

10  psychiatric observation, evaluation, diagnosis, or treatment.

11         (b)  Any hospital that provides psychiatric treatment

12  to persons under 18 years of age who have emotional

13  disturbances shall comply with the procedures pertaining to

14  the rights of patients prescribed in part I of chapter 394.

15         (9)(6)  A No specialty hospital may not shall provide

16  any service or regularly serve any population group beyond

17  those services or groups specified in its license.

18         (7)  Licenses shall be posted in a conspicuous place on

19  each of the licensed premises.

20         (10)(8)  In addition to the requirements of ss.

21  408.801-408.819, whenever the agency finds that there has been

22  a substantial failure to comply with the requirements

23  established under this part or in rules, the agency is

24  authorized to deny, modify, suspend, or revoke:

25         (a)  A license;

26         (b)  That part of a license which is limited to a

27  separate premises, as designated on the license; or

28         (c)  Licensure approval limited to a facility,

29  building, or portion thereof, or a service, within a given

30  premises.

31  


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 1         Section 35.  Section 395.004, Florida Statutes, is

 2  amended to read:

 3         395.004  Application for license, Fees; expenses.--

 4         (1)  In accordance with s. 408.805, an applicant or

 5  licensee shall pay a fee for each license application

 6  submitted under this part and ss. 408.801-408.819. The amount

 7  of the fee shall be established by rule An application for a

 8  license or renewal thereof shall be made under oath to the

 9  agency, upon forms provided by it, and shall contain such

10  information as the agency reasonably requires, which may

11  include affirmative evidence of ability to comply with

12  applicable laws and rules.

13         (2)  Each application for a general hospital license,

14  specialty hospital license, ambulatory surgical center

15  license, or mobile surgical facility license, or renewal

16  thereof, shall be accompanied by a license fee, in accordance

17  with the following schedule:

18         (a)  The biennial license, provisional license, and

19  license renewal fee required of a facility licensed under this

20  part shall be reasonably calculated to cover the cost of

21  regulation under this part and shall be established by rule at

22  the rate of not less than $9.50 per hospital bed, nor more

23  than $30 per hospital bed, except that the minimum license fee

24  shall be $1,500 and the total fees collected from all licensed

25  facilities may not exceed the cost of properly carrying out

26  the provisions of this part.

27         (b)  Such fees shall be paid to the agency and shall be

28  deposited in the Planning and Regulation Trust Fund of the

29  agency, which is hereby created, for the sole purpose of

30  carrying out the provisions of this part.

31  


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 1         Section 36.  Section 395.0055, Florida Statutes, is

 2  repealed.

 3         Section 37.  Section 395.0161, Florida Statutes, is

 4  amended to read:

 5         395.0161  Licensure inspection.--

 6         (1)  In accordance with s. 408.811, the agency shall

 7  make or cause to be made such inspections and investigations

 8  as it deems necessary, including:

 9         (a)  Inspections directed by the Health Care Financing

10  Administration.

11         (b)  Validation inspections.

12         (c)  Lifesafety inspections.

13         (d)  Licensure complaint investigations, including full

14  licensure investigations with a review of all licensure

15  standards as outlined in the administrative rules.  Complaints

16  received by the agency from individuals, organizations, or

17  other sources are subject to review and investigation by the

18  agency.

19         (e)  Emergency access complaint investigations.

20         (f)  inspections of mobile surgical facilities at each

21  time a facility establishes a new location, prior to the

22  admission of patients. However, such inspections shall not be

23  required when a mobile surgical facility is moved temporarily

24  to a location where medical treatment will not be provided.

25         (2)  The agency shall accept, in lieu of its own

26  periodic inspections for licensure, the survey or inspection

27  of an accrediting organization, provided the accreditation of

28  the licensed facility is not provisional and provided the

29  licensed facility authorizes release of, and the agency

30  receives the report of, the accrediting organization.  The

31  agency shall develop, and adopt by rule, criteria for


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 1  accepting survey reports of accrediting organizations in lieu

 2  of conducting a state licensure inspection.

 3         (3)  In accordance with s. 408.805, an applicant or

 4  licensee shall pay a fee for each license application

 5  submitted under this part and part II of chapter 408. With the

 6  exception of state-operated licensed facilities, each facility

 7  licensed under this part shall pay to the agency, at the time

 8  of inspection, the following fees:

 9         (a)  Inspection for licensure.--A fee shall be paid

10  which is not less than $8 per hospital bed, nor more than $12

11  per hospital bed, except that the minimum fee shall be $400

12  per facility.

13         (b)  Inspection for lifesafety only.--A fee shall be

14  paid which is not less than 75 cents per hospital bed, nor

15  more than $1.50 per hospital bed, except that the minimum fee

16  shall be $40 per facility.

17         (4)  The agency shall coordinate all periodic

18  inspections for licensure made by the agency to ensure that

19  the cost to the facility of such inspections and the

20  disruption of services by such inspections is minimized.

21         Section 38.  Section 395.0162, Florida Statutes, is

22  repealed.

23         Section 39.  Subsections (2) and (3) of section

24  395.0163, Florida Statutes, are amended to read:

25         395.0163  Construction inspections; plan submission and

26  approval; fees.--

27         (2)(a)  The agency is authorized to charge an initial

28  fee of $2,000 for review of plans and construction on all

29  projects, no part of which is refundable.  The agency may also

30  collect a fee, not to exceed 1 percent of the estimated

31  construction cost or the actual cost of review, whichever is


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 1  less, for the portion of the review which encompasses initial

 2  review through the initial revised construction document

 3  review.  The agency is further authorized to collect its

 4  actual costs on all subsequent portions of the review and

 5  construction inspections. The initial fee payment shall

 6  accompany the initial submission of plans and specifications.

 7  Any subsequent payment that is due is payable upon receipt of

 8  the invoice from the agency.

 9         (b)  Notwithstanding any other provisions of law to the

10  contrary, all moneys received by the agency pursuant to the

11  provisions of this section shall be deposited in the Planning

12  and Regulation Trust Fund, as created by s. 395.004, to be

13  held and applied solely for the operations required under this

14  section.

15         (3)  In accordance with s. 408.811, the agency shall

16  inspect a mobile surgical facility at initial licensure and at

17  each time the facility establishes a new location, prior to

18  admission of patients. However, such inspections shall not be

19  required when a mobile surgical facility is moved temporarily

20  to a location where medical treatment will not be provided.

21         Section 40.  Subsection (2) of section 395.0197,

22  Florida Statutes, is amended to read:

23         395.0197  Internal risk management program.--

24         (2)  The internal risk management program is the

25  responsibility of the governing board of the health care

26  facility. Each licensed facility shall use the services of

27  hire a risk manager, licensed under s. 395.10974, who is

28  responsible for implementation and oversight of such

29  facility's internal risk management program as required by

30  this section. A risk manager must not be made responsible for

31  more than four internal risk management programs in separate


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 1  hospitals licensed facilities, unless the hospitals facilities

 2  are under one corporate ownership or the risk management

 3  programs are in rural hospitals.

 4         Section 41.  Section 395.0199, Florida Statutes, is

 5  amended to read:

 6         395.0199  Private utilization review.--

 7         (1)  The purpose of this section is to:

 8         (a)  Promote the delivery of quality health care in a

 9  cost-effective manner.

10         (b)  Foster greater coordination between providers and

11  health insurers performing utilization review.

12         (c)  Protect patients and insurance providers by

13  ensuring that private review agents are qualified to perform

14  utilization review activities and to make informed decisions

15  on the appropriateness of medical care.

16         (d)  This section does not regulate the activities of

17  private review agents, health insurers, health maintenance

18  organizations, or hospitals, except as expressly provided

19  herein, or authorize regulation or intervention as to the

20  correctness of utilization review decisions of insurers or

21  private review agents.

22         (2)  The requirements of part II of chapter 408 apply

23  to the provision of services that necessitate registration or

24  licensure pursuant to this section and part II of chapter 408

25  and to persons registered by or applying for such registration

26  from the Agency for Health Care Administration pursuant to

27  this section. However, an applicant for registration is exempt

28  from the provisions of ss. 408.810(5), (6), (7), (8), (9), and

29  (10) and 408.811. A private review agent conducting

30  utilization review as to health care services performed or

31  


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 1  proposed to be performed in this state shall register with the

 2  agency in accordance with this section.

 3         (3)  In accordance with s. 408.805, an applicant or

 4  registrant shall pay a fee for each registration issued under

 5  this part and part II of chapter 408. The amount of the fee

 6  shall be established by rule, Registration shall be made

 7  annually with the agency on forms furnished by the agency and

 8  shall be accompanied by the appropriate registration fee as

 9  set by the agency.  The fee shall be sufficient to pay for the

10  administrative costs of registering the agent, but may shall

11  not exceed $250. The agency may also charge reasonable fees,

12  reflecting actual costs, to persons requesting copies of

13  registration.

14         (4)  Each applicant for registration must comply with

15  the following requirements:

16         (a)  Upon receipt of a completed, signed, and dated

17  application, the agency shall require background screening, in

18  accordance with the level 2 standards for screening set forth

19  in chapter 435, of the managing employee or other similarly

20  titled individual who is responsible for the operation of the

21  entity. The applicant must comply with the procedures for

22  level 2 background screening as set forth in chapter 435, as

23  well as the requirements of s. 435.03(3).

24         (b)  The agency may require background screening of any

25  other individual who is an applicant, if the agency has

26  probable cause to believe that he or she has been convicted of

27  a crime or has committed any other offense prohibited under

28  the level 2 standards for screening set forth in chapter 435.

29         (c)  Proof of compliance with the level 2 background

30  screening requirements of chapter 435 which has been submitted

31  within the previous 5 years in compliance with any other


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 1  health care licensure requirements of this state is acceptable

 2  in fulfillment of the requirements of paragraph (a).

 3         (d)  A provisional registration may be granted to an

 4  applicant when each individual required by this section to

 5  undergo background screening has met the standards for the

 6  Department of Law Enforcement background check, but the agency

 7  has not yet received background screening results from the

 8  Federal Bureau of Investigation, or a request for a

 9  disqualification exemption has been submitted to the agency as

10  set forth in chapter 435 but a response has not yet been

11  issued. A standard registration may be granted to the

12  applicant upon the agency's receipt of a report of the results

13  of the Federal Bureau of Investigation background screening

14  for each individual required by this section to undergo

15  background screening which confirms that all standards have

16  been met, or upon the granting of a disqualification exemption

17  by the agency as set forth in chapter 435. Any other person

18  who is required to undergo level 2 background screening may

19  serve in his or her capacity pending the agency's receipt of

20  the report from the Federal Bureau of Investigation. However,

21  the person may not continue to serve if the report indicates

22  any violation of background screening standards and a

23  disqualification exemption has not been requested of and

24  granted by the agency as set forth in chapter 435.

25         (e)  Each applicant must submit to the agency, with its

26  application, a description and explanation of any exclusions,

27  permanent suspensions, or terminations of the applicant from

28  the Medicare or Medicaid programs. Proof of compliance with

29  the requirements for disclosure of ownership and control

30  interests under the Medicaid or Medicare programs shall be

31  accepted in lieu of this submission.


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 1         (f)  Each applicant must submit to the agency a

 2  description and explanation of any conviction of an offense

 3  prohibited under the level 2 standards of chapter 435 by a

 4  member of the board of directors of the applicant, its

 5  officers, or any individual owning 5 percent or more of the

 6  applicant. This requirement does not apply to a director of a

 7  not-for-profit corporation or organization if the director

 8  serves solely in a voluntary capacity for the corporation or

 9  organization, does not regularly take part in the day-to-day

10  operational decisions of the corporation or organization,

11  receives no remuneration for his or her services on the

12  corporation or organization's board of directors, and has no

13  financial interest and has no family members with a financial

14  interest in the corporation or organization, provided that the

15  director and the not-for-profit corporation or organization

16  include in the application a statement affirming that the

17  director's relationship to the corporation satisfies the

18  requirements of this paragraph.

19         (g)  A registration may not be granted to an applicant

20  if the applicant or managing employee has been found guilty

21  of, regardless of adjudication, or has entered a plea of nolo

22  contendere or guilty to, any offense prohibited under the

23  level 2 standards for screening set forth in chapter 435,

24  unless an exemption from disqualification has been granted by

25  the agency as set forth in chapter 435.

26         (h)  The agency may deny or revoke the registration if

27  any applicant:

28         1.  Has falsely represented a material fact in the

29  application required by paragraph (e) or paragraph (f), or has

30  omitted any material fact from the application required by

31  paragraph (e) or paragraph (f); or


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 1         2.  Has had prior action taken against the applicant

 2  under the Medicaid or Medicare program as set forth in

 3  paragraph (e).

 4         (i)  An application for registration renewal must

 5  contain the information required under paragraphs (e) and (f).

 6         (4)(5)  Registration shall include the following:

 7         (a)  A description of the review policies and

 8  procedures to be used in evaluating proposed or delivered

 9  hospital care.

10         (b)  The name, address, and telephone number of the

11  utilization review agent performing utilization review, who

12  shall be at least:

13         1.  A licensed practical nurse or licensed registered

14  nurse, or other similarly qualified medical records or health

15  care professionals, for performing initial review when

16  information is necessary from the physician or hospital to

17  determine the medical necessity or appropriateness of hospital

18  services; or

19         2.  A licensed physician, or a licensed physician

20  practicing in the field of psychiatry for review of mental

21  health services, for an initial denial determination prior to

22  a final denial determination by the health insurer and which

23  shall include the written evaluation and findings of the

24  reviewing physician.

25         (c)  A description of an appeal procedure for patients

26  or health care providers whose services are under review, who

27  may appeal an initial denial determination prior to a final

28  determination by the health insurer with whom the private

29  review agent has contracted.  The appeal procedure shall

30  provide for review by a licensed physician, or by a licensed

31  physician practicing in the field of psychiatry for review of


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 1  mental health services, and shall include the written

 2  evaluation and findings of the reviewing physician.

 3         (d)  A designation of the times when the staff of the

 4  utilization review agent will be available by toll-free

 5  telephone, which shall include at least 40 hours per week

 6  during the normal business hours of the agent.

 7         (e)  An acknowledgment and agreement that any private

 8  review agent which, as a general business practice, fails to

 9  adhere to the policies, procedures, and representations made

10  in its application for registration shall have its

11  registration revoked.

12         (f)  Disclosure of any incentive payment provision or

13  quota provision which is contained in the agent's contract

14  with a health insurer and is based on reduction or denial of

15  services, reduction of length of stay, or selection of

16  treatment setting.

17         (g)  Updates of any material changes to review policies

18  or procedures.

19         (6)  The agency may impose fines or suspend or revoke

20  the registration of any private review agent in violation of

21  this section.  Any private review agent failing to register or

22  update registration as required by this section shall be

23  deemed to be within the jurisdiction of the agency and subject

24  to an administrative penalty not to exceed $1,000.  The agency

25  may bring actions to enjoin activities of private review

26  agents in violation of this section.

27         (5)(7)  An No insurer may not shall knowingly contract

28  with or utilize a private review agent that which has failed

29  to register as required by this section or which has had a

30  registration revoked by the agency.

31  


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 1         (6)(8)  A private review agent that which operates

 2  under contract with the federal or state government for

 3  utilization review of patients eligible for hospital or other

 4  services under Title XVIII or Title XIX of the Social Security

 5  Act is exempt from the provisions of this section for services

 6  provided under such contract.  A private review agent that

 7  which provides utilization review services to the federal or

 8  state government and a private insurer shall not be exempt for

 9  services provided to nonfederally funded patients.  This

10  section shall not apply to persons who perform utilization

11  review services for medically necessary hospital services

12  provided to injured workers pursuant to chapter 440 and shall

13  not apply to self-insurance funds or service companies

14  authorized pursuant to chapter 440 or part VII of chapter 626.

15         (7)(9)  Facilities licensed under this chapter shall

16  promptly comply with the requests of utilization review agents

17  or insurers which are reasonably necessary to facilitate

18  prompt accomplishment of utilization review activities.

19         (8)(10)  The agency shall adopt rules to implement the

20  provisions of this section.

21         Section 42.  Subsection (1) of section 395.1046,

22  Florida Statutes, is amended to read:

23         395.1046  Complaint investigation procedures.--

24         (1)  In accordance with s. 408.811, the agency shall

25  investigate any complaint against a hospital for any violation

26  of s. 395.1041 that the agency reasonably believes to be

27  legally sufficient.  A complaint is legally sufficient if it

28  contains ultimate facts which show that a violation of this

29  chapter, or any rule adopted under this chapter by the agency,

30  has occurred.  The agency may investigate, or continue to

31  investigate, and may take appropriate final action on a


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 1  complaint, even though the original complainant withdraws his

 2  or her complaint or otherwise indicates his or her desire not

 3  to cause it to be investigated to completion.  When an

 4  investigation of any person or facility is undertaken, the

 5  agency shall notify such person in writing of the

 6  investigation and inform the person or facility in writing of

 7  the substance, the facts which show that a violation has

 8  occurred, and the source of any complaint filed against him or

 9  her.  The agency may conduct an investigation without

10  notification to any person if the act under investigation is a

11  criminal offense.  The agency shall have access to all records

12  necessary for the investigation of the complaint.

13         Section 43.  Subsections (1), (7), and (8) of section

14  395.1055, Florida Statutes, are amended to read:

15         395.1055  Rules and enforcement.--

16         (1)  The agency shall adopt rules pursuant to ss.

17  120.536(1) and 120.54 to implement the provisions of this part

18  and part II of chapter 408, which shall include reasonable and

19  fair minimum standards for ensuring that:

20         (a)  Sufficient numbers and qualified types of

21  personnel and occupational disciplines are on duty and

22  available at all times to provide necessary and adequate

23  patient care and safety.

24         (b)  Infection control, housekeeping, sanitary

25  conditions, and medical record procedures that will adequately

26  protect patient care and safety are established and

27  implemented.

28         (c)  A comprehensive emergency management plan is

29  prepared and updated annually.  Such standards must be

30  included in the rules adopted by the agency after consulting

31  with the Department of Community Affairs.  At a minimum, the


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 1  rules must provide for plan components that address emergency

 2  evacuation transportation; adequate sheltering arrangements;

 3  postdisaster activities, including emergency power, food, and

 4  water; postdisaster transportation; supplies; staffing;

 5  emergency equipment; individual identification of residents

 6  and transfer of records, and responding to family inquiries.

 7  The comprehensive emergency management plan is subject to

 8  review and approval by the local emergency management agency.

 9  During its review, the local emergency management agency shall

10  ensure that the following agencies, at a minimum, are given

11  the opportunity to review the plan: the Department of Elderly

12  Affairs, the Department of Health, the Agency for Health Care

13  Administration, and the Department of Community Affairs. Also,

14  appropriate volunteer organizations must be given the

15  opportunity to review the plan.  The local emergency

16  management agency shall complete its review within 60 days and

17  either approve the plan or advise the facility of necessary

18  revisions.

19         (d)  Licensed facilities are established, organized,

20  and operated consistent with established standards and rules.

21         (e)  Licensed facility beds conform to minimum space,

22  equipment, and furnishings standards as specified by the

23  department.

24         (f)  All hospitals submit such data as necessary to

25  conduct certificate-of-need reviews required under ss.

26  408.031-408.045. Such data shall include, but shall not be

27  limited to, patient origin data, hospital utilization data,

28  type of service reporting, and facility staffing data.  The

29  agency shall not collect data that identifies or could

30  disclose the identity of individual patients. The agency shall

31  


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 1  utilize existing uniform statewide data sources when available

 2  and shall minimize reporting costs to hospitals.

 3         (g)  Each hospital has a quality improvement program

 4  designed according to standards established by their current

 5  accrediting organization. This program will enhance quality of

 6  care and emphasize quality patient outcomes, corrective action

 7  for problems, governing board review, and reporting to the

 8  agency of standardized data elements necessary to analyze

 9  quality of care outcomes.  The agency shall use existing data,

10  when available, and shall not duplicate the efforts of other

11  state agencies in order to obtain such data.

12         (7)  Any licensed facility which is in operation at the

13  time of promulgation of any applicable rules under this part

14  shall be given a reasonable time, under the particular

15  circumstances, but not to exceed 1 year from the date of such

16  promulgation, within which to comply with such rules.

17         (7)(8)  The agency may not adopt any rule governing the

18  design, construction, erection, alteration, modification,

19  repair, or demolition of any public or private hospital,

20  intermediate residential treatment facility, or ambulatory

21  surgical center. It is the intent of the Legislature to

22  preempt that function to the Florida Building Commission and

23  the State Fire Marshal through adoption and maintenance of the

24  Florida Building Code and the Florida Fire Prevention Code.

25  However, the agency shall provide technical assistance to the

26  commission and the State Fire Marshal in updating the

27  construction standards of the Florida Building Code and the

28  Florida Fire Prevention Code which govern hospitals,

29  intermediate residential treatment facilities, and ambulatory

30  surgical centers.

31  


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 1         Section 44.  Section 395.1065, Florida Statutes, is

 2  amended to read:

 3         395.1065  Criminal and administrative penalties;

 4  injunctions; emergency orders; moratorium.--

 5         (1)  Any person establishing, conducting, managing, or

 6  operating any facility without a license under this part is

 7  guilty of a misdemeanor and, upon conviction, shall be fined

 8  not more than $500 for the first offense and not more than

 9  $1,000 for each subsequent offense, and each day of continuing

10  violation after conviction shall be considered a separate

11  offense.

12         (1)(2)(a)  The agency may deny, revoke, or suspend a

13  license or impose an administrative fine, not to exceed $1,000

14  per violation, per day, for the violation of any provision of

15  this part, part II of chapter 408, or applicable rules adopted

16  under this part. Each day of violation constitutes a separate

17  violation and is subject to a separate fine.

18         (b)  In determining the amount of fine to be levied for

19  a violation, as provided in paragraph (a), the following

20  factors shall be considered:

21         1.  The severity of the violation, including the

22  probability that death or serious harm to the health or safety

23  of any person will result or has resulted, the severity of the

24  actual or potential harm, and the extent to which the

25  provisions of this part were violated.

26         2.  Actions taken by the licensee to correct the

27  violations or to remedy complaints.

28         3.  Any previous violations of the licensee.

29         (c)  All amounts collected pursuant to this section

30  shall be deposited into the Planning and Regulation Trust

31  Fund, as created by s. 395.004.


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 1         (c)(d)  The agency may impose an administrative fine

 2  for the violation of s. 641.3154 or, if sufficient claims due

 3  to a provider from a health maintenance organization do not

 4  exist to enable the take-back of an overpayment, as provided

 5  under s. 641.3155(5), for the violation of s. 641.3155(5). The

 6  administrative fine for a violation cited in this paragraph

 7  shall be in the amounts specified in s. 641.52(5), and the

 8  provisions of paragraph (a) do not apply.

 9         (2)(3)  Notwithstanding the existence or pursuit of any

10  other remedy, the agency may maintain an action in the name of

11  the state for injunction or other process to enforce the

12  provisions of this part, part II of chapter 408, and

13  applicable rules promulgated hereunder.

14         (4)  The agency may issue an emergency order

15  immediately suspending or revoking a license when it

16  determines that any condition in the licensed facility

17  presents a clear and present danger to public health and

18  safety.

19         (5)  The agency may impose an immediate moratorium on

20  elective admissions to any licensed facility, building, or

21  portion thereof, or service, when the agency determines that

22  any condition in the facility presents a threat to public

23  health or safety.

24         (3)(6)  In seeking to impose penalties against a

25  facility as defined in s. 394.455 for a violation of part I of

26  chapter 394, the agency is authorized to rely on the

27  investigation and findings by the Department of Health in lieu

28  of conducting its own investigation.

29         Section 45.  Subsection (1) of section 395.10973,

30  Florida Statutes, is amended to read:

31  


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 1         395.10973  Powers and duties of the agency.--It is the

 2  function of the agency to:

 3         (1)  Adopt rules pursuant to ss. 120.536(1) and 120.54

 4  to implement the provisions of this part and part II of

 5  chapter 408 conferring duties upon it.

 6         Section 46.  Section 395.10974, Florida Statutes, is

 7  amended to read:

 8         395.10974  Health care risk managers; qualifications,

 9  licensure, fees.--

10         (1)  The requirements of part II of chapter 408 apply

11  to the provision of services that necessitate licensure

12  pursuant to ss. 395.10971-395.10976 and part II of chapter 408

13  and to entities licensed by or applying for such licensure

14  from the Agency for Health Care Administration pursuant to ss.

15  395.10971-395.10976. Any person desiring to be licensed as a

16  health care risk manager shall submit an application on a form

17  provided by the agency. In order to qualify for licensure, the

18  applicant shall submit evidence satisfactory to the agency

19  which demonstrates the applicant's competence, by education or

20  experience, in the following areas:

21         (a)  Applicable standards of health care risk

22  management.

23         (b)  Applicable federal, state, and local health and

24  safety laws and rules.

25         (c)  General risk management administration.

26         (d)  Patient care.

27         (e)  Medical care.

28         (f)  Personal and social care.

29         (g)  Accident prevention.

30         (h)  Departmental organization and management.

31         (i)  Community interrelationships.


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 1         (j)  Medical terminology.

 2  

 3  Each applicant for licensure must comply with all provisions

 4  of part II of chapter 408, with the exception of ss. 408.809,

 5  408.810, and 408.811. The agency may require such additional

 6  information, from the applicant or any other person, as may be

 7  reasonably required to verify the information contained in the

 8  application.

 9         (2)  The agency shall not grant or issue a license as a

10  health care risk manager to any individual unless from the

11  application it affirmatively appears that the applicant:

12         (a)  Is 18 years of age or over;

13         (b)  Is a high school graduate or equivalent; and

14         (c)1.  Has fulfilled the requirements of a 1-year

15  program or its equivalent in health care risk management

16  training which may be developed or approved by the agency;

17         2.  Has completed 2 years of college-level studies

18  which would prepare the applicant for health care risk

19  management, to be further defined by rule; or

20         3.  Has obtained 1 year of practical experience in

21  health care risk management.

22         (3)  The agency shall issue a license to practice

23  health care risk management to any applicant who qualifies

24  under this section. In accordance with s. 408.805, an

25  applicant or licensee shall pay a fee for each license

26  application submitted under this part and part II of chapter

27  408. The amount of the fees shall be established by rule, as

28  follows: and submits an application fee of not more than $75,

29  a fingerprinting fee of not more than $75, and a license fee

30  of not more than $100. The agency shall by rule establish fees

31  and procedures for the issuance and cancellation of licenses.


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 1         (4)  The agency shall renew a health care risk manager

 2  license upon receipt of a biennial renewal application and

 3  fees. The agency shall by rule establish a procedure for the

 4  biennial renewal of licenses.

 5         Section 47.  Paragraph (l) of subsection (3) of section

 6  395.1041, Florida Statutes, is amended to read:

 7         395.1041  Access to emergency services and care.--

 8         (3)  EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF

 9  FACILITY OR HEALTH CARE PERSONNEL.--

10         (l)  Hospital personnel must may withhold or withdraw

11  cardiopulmonary resuscitation if presented with an order not

12  to resuscitate executed pursuant to s. 401.45. Facility staff

13  and facilities shall not be subject to criminal prosecution or

14  civil liability, nor be considered to have engaged in

15  negligent or unprofessional conduct, for withholding or

16  withdrawing cardiopulmonary resuscitation pursuant to such an

17  order. The absence of an order not to resuscitate executed

18  pursuant to s. 401.45 does not preclude a physician from

19  withholding or withdrawing cardiopulmonary resuscitation as

20  otherwise permitted by law.

21         Section 48.  Section 395.10411, Florida Statutes, is

22  created to read:

23         395.10411  Duty of a facility to carry out the advance

24  directive of a patient.--

25         (1)  When a person who has a terminal condition or an

26  end-stage condition or is in a persistent vegetative state and

27  who has an advance directive is a patient in a facility

28  licensed under this chapter which is providing health care

29  services to the person, the facility must carry out the

30  advance directive or must transfer the patient pursuant to s.

31  765.1105 to a facility that will carry out the advance


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 1  directive. The cost of transferring a patient for the purpose

 2  of carrying out an advance directive shall be paid by the

 3  facility from which the patient is transferred, and neither

 4  the patient nor the receiving facility is responsible for any

 5  part of such cost. A facility that fails to carry out a

 6  patient's advance directive will not receive payment of any

 7  state funds for life-prolonging treatment provided to the

 8  patient.

 9         (2)  When a person who has a terminal condition or an

10  end-stage condition or is in a persistent vegetative state and

11  who has an order not to resuscitate is a patient in a facility

12  licensed under this chapter which is providing health care

13  services to the person, the facility must carry out the order

14  not to resuscitate. A facility that fails to carry out a

15  patient's order not to resuscitate will not receive payment of

16  any state funds for life-prolonging treatment provided to the

17  patient.

18         (3)  When a person who has a terminal condition or an

19  end-stage condition or is in a persistent vegetative state and

20  who has an advance directive is a designated organ donor, a

21  health care facility may keep the organs of the person viable

22  for a period not to exceed 36 hours once the decision has been

23  made to remove life support. This subsection does not

24  supersede an advance directive, and life-prolonging procedures

25  may not be used beyond a period of 36 hours.

26         Section 49.  Section 765.1105, Florida Statutes, is

27  amended to read:

28         765.1105  Transfer of a patient.--

29         (1)  A health care provider or facility that refuses to

30  comply with a patient's advance directive, or the treatment

31  decision of his or her surrogate, must, within 48 hours after


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 1  a determination by the attending physician that the patient's

 2  condition is such that the advance directive applies, shall

 3  make reasonable efforts to transfer the patient to another

 4  health care provider or facility that will comply with the

 5  directive or treatment decision. This chapter does not require

 6  a health care provider or facility to commit any act which is

 7  contrary to the provider's or facility's moral or ethical

 8  beliefs, if the patient:

 9         (a)  Is not in an emergency condition; and

10         (b)  Has received written information upon admission

11  informing the patient of the policies of the health care

12  provider or facility regarding such moral or ethical beliefs.

13         (2)  A health care provider or facility that is

14  unwilling to carry out the wishes of the patient or the

15  treatment decision of his or her surrogate because of moral or

16  ethical beliefs must, within 48 hours after a determination by

17  the attending physician that the patient's condition is such

18  that the advance directive applies, 7 days either:

19         (a)  Transfer the patient to another health care

20  provider or facility. The health care provider or facility

21  shall pay the costs for transporting the patient to another

22  health care provider or facility; or

23         (b)  If the patient has not been transferred, carry out

24  the wishes of the patient or the patient's surrogate, unless

25  the provisions of s. 765.105 apply.

26         Section 50.  Section 765.1021, Florida Statutes, is

27  created to read:

28         765.1021  Advance directive as part of a patient's

29  medical record.--To encourage individuals to complete an

30  advance directive and to inform individuals about options for

31  care available to them at the end of life, the Legislature


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 1  encourages primary physicians and patients to discuss advance

 2  directives and end-of-life care in a physician's office

 3  setting on a nonemergency basis. If a patient completes an

 4  advance directive and gives a copy of it to a physician, the

 5  patient's advance directive must become part of the patient's

 6  medical record.

 7         Section 51.  Subsection (1) of section 765.304, Florida

 8  Statutes, is amended to read:

 9         765.304  Procedure for living will.--

10         (1)  If a person has made a living will expressing his

11  or her desires concerning life-prolonging procedures, but has

12  not designated a surrogate to execute his or her wishes

13  concerning life-prolonging procedures or designated a

14  surrogate under part II, the attending physician must may

15  proceed as directed by the principal in the living will or

16  must transfer him or her to a physician who will comply with

17  the living will. In the event of a dispute or disagreement

18  concerning the attending physician's decision to withhold or

19  withdraw life-prolonging procedures, the attending physician

20  shall not withhold or withdraw life-prolonging procedures

21  pending review under s. 765.105. If a review of a disputed

22  decision is not sought within 7 days following the attending

23  physician's decision to withhold or withdraw life-prolonging

24  procedures, the attending physician must may proceed in

25  accordance with the principal's instructions.

26         Section 52.  Subsection (2) of section 395.10975,

27  Florida Statutes, is amended to read:

28         395.10975  Grounds for denial, suspension, or

29  revocation of a health care risk manager's license;

30  administrative fine.--

31  


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 1         (2)  If the agency finds that one or more of the

 2  grounds set forth in subsection (1) exist, it may, in lieu of

 3  or in addition to denial suspension or revocation, enter an

 4  order imposing one or more of the following penalties:

 5         (a)  Imposition of an administrative fine not to exceed

 6  $2,500 for each count or separate offense.

 7         (b)  Issuance of a reprimand.

 8         (c)  Placement of the licensee on probation for a

 9  period of time and subject to such conditions as the agency

10  may specify, including requiring the licensee to attend

11  continuing education courses or to work under the supervision

12  of another licensee.

13         Section 53.  Subsection (17) of section 400.021,

14  Florida Statutes, is amended to read:

15         400.021  Definitions.--When used in this part, unless

16  the context otherwise requires, the term:

17         (17)  "Resident care plan" means a written plan

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

19  a registered nurse, with participation from other facility

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

21  representative, which includes a comprehensive assessment of

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

23  services required to provide the necessary care for the

24  resident to attain or maintain the highest practicable

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

26  services provided within or outside the facility to meet those

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

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

29  registered nurse employed by the facility to whom

30  institutional responsibilities have been delegated and by the

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


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 1  representative. The facility may not use an agency or

 2  temporary registered nurse to satisfy the foregoing

 3  requirement and must document the institutional

 4  responsibilities that have been delegated to the registered

 5  nurse.

 6         Section 54.  Subsections (5) and (20) of section

 7  400.021, Florida Statutes, are repealed.

 8         Section 55.  Subsection (3) of section 400.022, Florida

 9  Statutes, is amended to read:

10         400.022  Residents' rights.--

11         (3)  Any violation of the resident's rights set forth

12  in this section shall constitute grounds for action by the

13  agency under the provisions of s. 400.102, s. 400.121, or part

14  II of chapter 408.  In order to determine whether the licensee

15  is adequately protecting residents' rights, the licensure

16  annual inspection of the facility shall include private

17  informal conversations with a sample of residents to discuss

18  residents' experiences within the facility with respect to

19  rights specified in this section and general compliance with

20  standards, and consultation with the ombudsman council in the

21  local planning and service area of the Department of Elderly

22  Affairs in which the nursing home is located.

23         Section 56.  Paragraph (b) of subsection (1) of section

24  400.051, Florida Statutes, is amended to read:

25         400.051  Homes or institutions exempt from the

26  provisions of this part.--

27         (1)  The following shall be exempt from the provisions

28  of this part:

29         (b)  Any hospital, as defined in s. 395.002 s.

30  395.002(11), that is licensed under chapter 395.

31  


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 1         Section 57.  Section 400.062, Florida Statutes, is

 2  amended to read:

 3         400.062  License required; fee; disposition; display;

 4  transfer.--

 5         (1)  The requirements of part II of chapter 408 apply

 6  to the provision of services that necessitate licensure

 7  pursuant to this part and part II of chapter 408 and to

 8  entities licensed by or applying for such licensure from the

 9  Agency for Health Care Administration pursuant to this part.

10  It is unlawful to operate or maintain a facility without first

11  obtaining from the agency a license authorizing such

12  operation.

13         (2)  Separate licenses shall be required for facilities

14  maintained in separate premises, even though operated under

15  the same management. However, a separate license shall not be

16  required for separate buildings on the same grounds.

17         (3)  In accordance with s. 408.805, an applicant or

18  licensee shall pay a fee for each license application

19  submitted under this part and part II of chapter 408. The

20  annual license fee required for each license issued under this

21  part shall be comprised of two parts.  Part I of the license

22  fee shall be the basic license fee. The rate per bed for the

23  basic license fee shall be established biennially annually and

24  shall be $100 $50 per bed unless modified by rule. The agency

25  may adjust the per bed licensure fees by the Consumer Price

26  Index based on the 12 months immediately preceding the

27  increase to cover the cost of regulation under this part. Part

28  II of the license fee shall be the resident protection fee,

29  which shall be at the rate of not less than 50 25 cents per

30  bed. The rate per bed shall be the minimum rate per bed, and

31  such rate shall remain in effect until the effective date of a


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 1  rate per bed adopted by rule by the agency pursuant to this

 2  part. At such time as the amount on deposit in the Resident

 3  Protection Trust Fund is less than $1 million, the agency may

 4  adopt rules to establish a rate which may not exceed $20 $10

 5  per bed.  The rate per bed shall revert back to the minimum

 6  rate per bed when the amount on deposit in the Resident

 7  Protection Trust Fund reaches $1 million, except that any rate

 8  established by rule shall remain in effect until such time as

 9  the rate has been equally required for each license issued

10  under this part.  Any amount in the fund in excess of $2

11  million shall revert to the Health Care Trust Fund and may not

12  be expended without prior approval of the Legislature.  The

13  agency may prorate the biennial annual license fee for those

14  licenses which it issues under this part for less than 2 years

15  1 year.  Funds generated by license fees collected in

16  accordance with this section shall be deposited in the

17  following manner:

18         (a)  The basic license fee collected shall be deposited

19  in the Health Care Trust Fund, established for the sole

20  purpose of carrying out this part. When the balance of the

21  account established in the Health Care Trust Fund for the

22  deposit of fees collected as authorized under this section

23  exceeds one-third of the annual cost of regulation under this

24  part, the excess shall be used to reduce the licensure fees in

25  the next year.

26         (b)  The resident protection fee collected shall be

27  deposited in the Resident Protection Trust Fund for the sole

28  purpose of paying, in accordance with the provisions of s.

29  400.063, for the appropriate alternate placement, care, and

30  treatment of a resident removed from a nursing home facility

31  on a temporary, emergency basis or for the maintenance and


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 1  care of residents in a nursing home facility pending removal

 2  and alternate placement.

 3         (4)  Counties or municipalities applying for licenses

 4  under this part are exempt from license fees authorized under

 5  this section.

 6         (5)  The license shall be displayed in a conspicuous

 7  place inside the facility.

 8         (6)  A license shall be valid only in the hands of the

 9  individual, firm, partnership, association, or corporation to

10  whom it is issued and shall not be subject to sale,

11  assignment, or other transfer, voluntary or involuntary, nor

12  shall a license be valid for any premises other than those for

13  which originally issued.

14         Section 58.  Subsection (1) of section 400.063, Florida

15  Statutes, is amended to read:

16         400.063  Resident Protection Trust Fund.--

17         (1)  A Resident Protection Trust Fund shall be

18  established for the purpose of collecting and disbursing funds

19  generated from the license fees and administrative fines as

20  provided for in ss. 393.0673(2), 400.062(3) 400.062(3)(b),

21  400.111(1), 400.121(2), and 400.23(8).  Such funds shall be

22  for the sole purpose of paying for the appropriate alternate

23  placement, care, and treatment of residents who are removed

24  from a facility licensed under this part or a facility

25  specified in s. 393.0678(1) in which the agency determines

26  that existing conditions or practices constitute an immediate

27  danger to the health, safety, or security of the residents.

28  If the agency determines that it is in the best interest of

29  the health, safety, or security of the residents to provide

30  for an orderly removal of the residents from the facility, the

31  agency may utilize such funds to maintain and care for the


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 1  residents in the facility pending removal and alternative

 2  placement.  The maintenance and care of the residents shall be

 3  under the direction and control of a receiver appointed

 4  pursuant to s. 393.0678(1) or s. 400.126(1).  However, funds

 5  may be expended in an emergency upon a filing of a petition

 6  for a receiver, upon the declaration of a state of local

 7  emergency pursuant to s. 252.38(3)(a)5., or upon a duly

 8  authorized local order of evacuation of a facility by

 9  emergency personnel to protect the health and safety of the

10  residents.

11         Section 59.  Section 400.071, Florida Statutes, is

12  amended to read:

13         400.071  Application for license.--

14         (1)  An application for a license as required by s.

15  400.062 shall be made to the agency on forms furnished by it

16  and shall be accompanied by the appropriate license fee.

17         (1)(2)  The application shall be under oath and shall

18  contain the following:

19         (a)  The name, address, and social security number of

20  the applicant if an individual; if the applicant is a firm,

21  partnership, or association, its name, address, and employer

22  identification number (EIN), and the name and address of any

23  controlling interest; and the name by which the facility is to

24  be known.

25         (b)  The name of any person whose name is required on

26  the application under the provisions of paragraph (a) and who

27  owns at least a 10-percent interest in any professional

28  service, firm, association, partnership, or corporation

29  providing goods, leases, or services to the facility for which

30  the application is made, and the name and address of the

31  


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 1  professional service, firm, association, partnership, or

 2  corporation in which such interest is held.

 3         (c)  The location of the facility for which a license

 4  is sought and an indication, as in the original application,

 5  that such location conforms to the local zoning ordinances.

 6         (d)  The name of the person or persons under whose

 7  management or supervision the facility will be conducted and

 8  the name of the administrator.

 9         (a)(e)  A signed affidavit disclosing any financial or

10  ownership interest that a controlling interest, as defined in

11  s. 408.803, person or entity described in paragraph (a) or

12  paragraph (d) has held in the last 5 years in any entity

13  licensed by this state or any other state to provide health or

14  residential care which has closed voluntarily or

15  involuntarily; has filed for bankruptcy; has had a receiver

16  appointed; has had a license denied, suspended, or revoked; or

17  has had an injunction issued against it which was initiated by

18  a regulatory agency. The affidavit must disclose the reason

19  any such entity was closed, whether voluntarily or

20  involuntarily.

21         (b)(f)  The total number of beds and the total number

22  of Medicare and Medicaid certified beds.

23         (c)(g)  Information relating to the number, experience,

24  and training of the employees of the facility and of the moral

25  character of the applicant and employees which the agency

26  requires by rule, including the name and address of any

27  nursing home with which the applicant or employees have been

28  affiliated through ownership or employment within 5 years of

29  the date of the application for a license and the record of

30  any criminal convictions involving the applicant and any

31  criminal convictions involving an employee if known by the


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 1  applicant after inquiring of the employee.  The applicant must

 2  demonstrate that sufficient numbers of qualified staff, by

 3  training or experience, will be employed to properly care for

 4  the type and number of residents who will reside in the

 5  facility.

 6         (d)(h)  Copies of any civil verdict or judgment

 7  involving the applicant rendered within the 10 years preceding

 8  the application, relating to medical negligence, violation of

 9  residents' rights, or wrongful death.  As a condition of

10  licensure, the licensee agrees to provide to the agency copies

11  of any new verdict or judgment involving the applicant,

12  relating to such matters, within 30 days after filing with the

13  clerk of the court.  The information required in this

14  paragraph shall be maintained in the facility's licensure file

15  and in an agency database which is available as a public

16  record.

17         (3)  The applicant shall submit evidence which

18  establishes the good moral character of the applicant,

19  manager, supervisor, and administrator. No applicant, if the

20  applicant is an individual; no member of a board of directors

21  or officer of an applicant, if the applicant is a firm,

22  partnership, association, or corporation; and no licensed

23  nursing home administrator shall have been convicted, or found

24  guilty, regardless of adjudication, of a crime in any

25  jurisdiction which affects or may potentially affect residents

26  in the facility.

27         (4)  Each applicant for licensure must comply with the

28  following requirements:

29         (a)  Upon receipt of a completed, signed, and dated

30  application, the agency shall require background screening of

31  the applicant, in accordance with the level 2 standards for


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 1  screening set forth in chapter 435. As used in this

 2  subsection, the term "applicant" means the facility

 3  administrator, or similarly titled individual who is

 4  responsible for the day-to-day operation of the licensed

 5  facility, and the facility financial officer, or similarly

 6  titled individual who is responsible for the financial

 7  operation of the licensed facility.

 8         (b)  The agency may require background screening for a

 9  member of the board of directors of the licensee or an officer

10  or an individual owning 5 percent or more of the licensee if

11  the agency has probable cause to believe that such individual

12  has been convicted of an offense prohibited under the level 2

13  standards for screening set forth in chapter 435.

14         (c)  Proof of compliance with the level 2 background

15  screening requirements of chapter 435 which has been submitted

16  within the previous 5 years in compliance with any other

17  health care or assisted living licensure requirements of this

18  state is acceptable in fulfillment of paragraph (a). Proof of

19  compliance with background screening which has been submitted

20  within the previous 5 years to fulfill the requirements of the

21  Financial Services Commission and the Office of Insurance

22  Regulation pursuant to chapter 651 as part of an application

23  for a certificate of authority to operate a continuing care

24  retirement community is acceptable in fulfillment of the

25  Department of Law Enforcement and Federal Bureau of

26  Investigation background check.

27         (d)  A provisional license may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  Department of Law Enforcement background check, but the agency

31  has not yet received background screening results from the


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 1  Federal Bureau of Investigation, or a request for a

 2  disqualification exemption has been submitted to the agency as

 3  set forth in chapter 435, but a response has not yet been

 4  issued.  A license may be granted to the applicant upon the

 5  agency's receipt of a report of the results of the Federal

 6  Bureau of Investigation background screening for each

 7  individual required by this section to undergo background

 8  screening which confirms that all standards have been met, or

 9  upon the granting of a disqualification exemption by the

10  agency as set forth in chapter 435.  Any other person who is

11  required to undergo level 2 background screening may serve in

12  his or her capacity pending the agency's receipt of the report

13  from the Federal Bureau of Investigation; however, the person

14  may not continue to serve if the report indicates any

15  violation of background screening standards and a

16  disqualification exemption has not been requested of and

17  granted by the agency as set forth in chapter 435.

18         (e)  Each applicant must submit to the agency, with its

19  application, a description and explanation of any exclusions,

20  permanent suspensions, or terminations of the applicant from

21  the Medicare or Medicaid programs. Proof of compliance with

22  disclosure of ownership and control interest requirements of

23  the Medicaid or Medicare programs shall be accepted in lieu of

24  this submission.

25         (f)  Each applicant must submit to the agency a

26  description and explanation of any conviction of an offense

27  prohibited under the level 2 standards of chapter 435 by a

28  member of the board of directors of the applicant, its

29  officers, or any individual owning 5 percent or more of the

30  applicant. This requirement shall not apply to a director of a

31  not-for-profit corporation or organization if the director


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 1  serves solely in a voluntary capacity for the corporation or

 2  organization, does not regularly take part in the day-to-day

 3  operational decisions of the corporation or organization,

 4  receives no remuneration for his or her services on the

 5  corporation or organization's board of directors, and has no

 6  financial interest and has no family members with a financial

 7  interest in the corporation or organization, provided that the

 8  director and the not-for-profit corporation or organization

 9  include in the application a statement affirming that the

10  director's relationship to the corporation satisfies the

11  requirements of this paragraph.

12         (g)  An application for license renewal must contain

13  the information required under paragraphs (e) and (f).

14         (5)  The applicant shall furnish satisfactory proof of

15  financial ability to operate and conduct the nursing home in

16  accordance with the requirements of this part and all rules

17  adopted under this part, and the agency shall establish

18  standards for this purpose, including information reported

19  under paragraph (2)(e). The agency also shall establish

20  documentation requirements, to be completed by each applicant,

21  that show anticipated facility revenues and expenditures, the

22  basis for financing the anticipated cash-flow requirements of

23  the facility, and an applicant's access to contingency

24  financing.

25         (2)(6)  If the applicant offers continuing care

26  agreements as defined in chapter 651, proof shall be furnished

27  that such applicant has obtained a certificate of authority as

28  required for operation under that chapter.

29         (3)(7)  As a condition of licensure, each licensee,

30  except one offering continuing care agreements as defined in

31  chapter 651, must agree to accept recipients of Title XIX of


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 1  the Social Security Act on a temporary, emergency basis.  The

 2  persons whom the agency may require such licensees to accept

 3  are those recipients of Title XIX of the Social Security Act

 4  who are residing in a facility in which existing conditions

 5  constitute an immediate danger to the health, safety, or

 6  security of the residents of the facility.

 7         (4)(8)  The agency may not issue a license to a nursing

 8  home that fails to receive a certificate of need under the

 9  provisions of ss. 408.031-408.045. It is the intent of the

10  Legislature that, in reviewing a certificate-of-need

11  application to add beds to an existing nursing home facility,

12  preference be given to the application of a licensee who has

13  been awarded a Gold Seal as provided for in s. 400.235, if the

14  applicant otherwise meets the review criteria specified in s.

15  408.035.

16         (5)(9)  The agency may develop an abbreviated survey

17  for licensure renewal applicable to a licensee that has

18  continuously operated as a nursing facility since 1991 or

19  earlier, has operated under the same management for at least

20  the preceding 30 months, and has had during the preceding 30

21  months no class I or class II deficiencies.

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

23  nursing home that will be temporarily unable to provide

24  services but that is reasonably expected to resume services.

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

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

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

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

29  agency prior to initiating any suspension of service or

30  notifying residents. Upon agency approval, the nursing home

31  


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 1  shall notify residents of any necessary discharge or transfer

 2  as provided in s. 400.0255.

 3         (6)(11)  As a condition of licensure, each facility

 4  must establish and submit with its application a plan for

 5  quality assurance and for conducting risk management.

 6         (12)  The applicant must provide the agency with proof

 7  of a legal right to occupy the property before a license may

 8  be issued. Proof may include, but is not limited to, copies of

 9  warranty deeds, lease or rental agreements, contracts for

10  deeds, or quitclaim deeds.

11         Section 60.  Section 400.0712, Florida Statutes, is

12  created to read:

13         400.0712  Application for inactive license.--

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

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

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

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

18  submitted to the agency in the approved format. The facility

19  may not initiate any suspension of services, notify residents,

20  or initiate facility closure before receiving approval from

21  the agency; and a facility that violates this provision may

22  not be issued an inactive license. Upon agency approval of an

23  inactive license, the nursing home shall notify residents of

24  any necessary discharge or transfer as provided in s.

25  400.0255.

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

27  nursing home that chooses to use an unoccupied contiguous

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

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

30  less institutional services.

31  


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 1         (a)  An inactive license issued under this subsection

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

 3  renewed annually by the agency for 12 months.

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

 5  submitted to the agency in the approved format and approved by

 6  the agency in writing.

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

 8  provide alternative services shall not receive preference for

 9  participation in the Assisted Living for the Elderly Medicaid

10  waiver.

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

12  nursing home that will be temporarily unable to provide

13  services but is reasonably expected to resume services.

14         (a)  An inactive license issued under this subsection

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

16  renewed by the agency for an additional 6 months upon

17  demonstration of progress toward reopening.

18         (b)  All licensure fees must be current and paid in

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

20  the inactive license is issued.

21         (c)  Reactivation of an inactive license requires that

22  the applicant pay all licensure fees and be inspected by the

23  agency to confirm that all of the requirements of this part

24  and applicable rules are met.

25         (4)  The agency shall adopt rules necessary to

26  administer this section.

27         Section 61.  Section 400.102, Florida Statutes, is

28  amended to read:

29         400.102  Action by agency against licensee; grounds.--

30  

31  


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 1         (1)  In addition to the grounds listed in part II of

 2  chapter 408, any of the following conditions shall be grounds

 3  for action by the agency against a licensee:

 4         (a)  An intentional or negligent act materially

 5  affecting the health or safety of residents of the facility;

 6         (1)(b)  Misappropriation or conversion of the property

 7  of a resident of the facility;

 8         (2)(c)  Failure to follow the criteria and procedures

 9  provided under part I of chapter 394 relating to the

10  transportation, voluntary admission, and involuntary

11  examination of a nursing home resident or;

12         (d)  Violation of provisions of this part or rules

13  adopted under this part;

14         (3)(e)  Fraudulent altering, defacing, or falsifying

15  any medical or nursing home records, or causing or procuring

16  any of these offenses to be committed.; or

17         (f)  Any act constituting a ground upon which

18  application for a license may be denied.

19         (2)  If the agency has reasonable belief that any of

20  such conditions exist, it shall take the following action:

21         (a)  In the case of an applicant for original

22  licensure, denial action as provided in s. 400.121.

23         (b)  In the case of an applicant for relicensure or a

24  current licensee, administrative action as provided in s.

25  400.121 or injunctive action as authorized by s. 400.125.

26         (c)  In the case of a facility operating without a

27  license, injunctive action as authorized in s. 400.125.

28         Section 62.  Section 400.111, Florida Statutes, is

29  amended to read:

30         400.111  Renewal Expiration of license; renewal.--

31  


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 1         (1)  A license issued for the operation of a facility,

 2  unless sooner suspended or revoked, shall expire on the date

 3  set forth by the agency on the face of the license or 1 year

 4  from the date of issuance, whichever occurs first.  Ninety

 5  days prior to the expiration date, an application for renewal

 6  shall be submitted to the agency.  A license shall be renewed

 7  upon the filing of an application on forms furnished by the

 8  agency if the applicant has first met the requirements

 9  established under this part and all rules adopted under this

10  part.  The failure to file an application within the period

11  established in this subsection shall result in a late fee

12  charged to the licensee by the agency in an amount equal to 50

13  percent of the fee in effect on the last preceding regular

14  renewal date.  A late fee shall be levied for each and every

15  day the filing of the license application is delayed, but in

16  no event shall such fine aggregate more than $5,000.  If an

17  application is received after the required filing date and

18  exhibits a hand-canceled postmark obtained from a United

19  States Post Office dated on or before the required filing

20  date, no fine will be levied.

21         (2)  A licensee against whom a revocation or suspension

22  proceeding, or any judicial proceeding instituted by the

23  agency under this part, is pending at the time of license

24  renewal may be issued a temporary license effective until

25  final disposition by the agency of such proceeding. If

26  judicial relief is sought from the aforesaid administrative

27  order, the court having jurisdiction may issue such orders

28  regarding the issuance of a temporary permit during the

29  pendency of the judicial proceeding.

30         (3)  The agency may not renew a license if the

31  applicant has failed to pay any fines assessed by final order


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 1  of the agency or final order of the Health Care Financing

 2  Administration under requirements for federal certification.

 3  The agency may renew the license of an applicant following the

 4  assessment of a fine by final order if such fine has been paid

 5  into an escrow account pending an appeal of a final order.

 6         (4)  In addition to the requirements of part II of

 7  chapter 408, the licensee shall submit a signed affidavit

 8  disclosing any financial or ownership interest that a

 9  controlling interest licensee has held within the last 5 years

10  in any entity licensed by the state or any other state to

11  provide health or residential care which entity has closed

12  voluntarily or involuntarily; has filed for bankruptcy; has

13  had a receiver appointed; has had a license denied, suspended,

14  or revoked; or has had an injunction issued against it which

15  was initiated by a regulatory agency. The affidavit must

16  disclose the reason such entity was closed, whether

17  voluntarily or involuntarily.

18         Section 63.  Subsections (2) and (5) of section

19  400.1183, Florida Statutes, are amended to read:

20         400.1183  Resident grievance procedures.--

21         (2)  Each facility shall maintain records of all

22  grievances and shall report annually to the agency at the time

23  of relicensure the total number of grievances handled, a

24  categorization of the cases underlying the grievances, and the

25  final disposition of the grievances.

26         (5)  The agency may impose an administrative fine, in

27  accordance with s. 400.121, against a nursing home facility

28  for noncompliance with this section.

29         Section 64.  Section 400.121, Florida Statutes, is

30  amended to read:

31  


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 1         400.121  Denial or, suspension, revocation of license;

 2  moratorium on admissions; administrative fines; procedure;

 3  order to increase staffing.--

 4         (1)  The agency may deny an application, revoke or

 5  suspend a license, or impose an administrative fine, not to

 6  exceed $500 per violation per day, against any applicant or

 7  licensee for the following violations by the applicant,

 8  licensee, or other controlling interest:

 9         (a)  A violation of any provision of s. 400.102(1);

10         (b)  A violation of any provision of this part, part II

11  of chapter 408, or applicable rule; or A demonstrated pattern

12  of deficient practice;

13         (c)  Failure to pay any outstanding fines assessed by

14  final order of the agency or final order of the Health Care

15  Financing Administration pursuant to requirements for federal

16  certification. The agency may renew or approve the license of

17  an applicant following the assessment of a fine by final order

18  if such fine has been paid into an escrow account pending an

19  appeal of a final order;

20         (d)  Exclusion from the Medicare or Medicaid program;

21  or

22         (b)(e)  An adverse action by a regulatory agency

23  against any other licensed facility that has a common

24  controlling interest with the licensee or applicant against

25  whom the action under this section is being brought. If the

26  adverse action involves solely the management company, the

27  applicant or licensee shall be given 30 days to remedy before

28  final action is taken. If the adverse action is based solely

29  upon actions by a controlling interest, the applicant or

30  licensee may present factors in mitigation of any proposed

31  


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 1  penalty based upon a showing that such penalty is

 2  inappropriate under the circumstances.

 3  

 4  All hearings shall be held within the county in which the

 5  licensee or applicant operates or applies for a license to

 6  operate a facility as defined herein.

 7         (2)  Except as provided in s. 400.23(8), a $500 fine

 8  shall be imposed for each violation. Each day a violation of

 9  this part occurs constitutes a separate violation and is

10  subject to a separate fine, but in no event may any fine

11  aggregate more than $5,000.  A fine may be levied pursuant to

12  this section in lieu of and notwithstanding the provisions of

13  s. 400.23. Fines paid shall be deposited in the Resident

14  Protection Trust Fund and expended as provided in s. 400.063.

15         (3)  The agency shall revoke or deny a nursing home

16  license if the licensee or controlling interest operates a

17  facility in this state that:

18         (a)  Has had two moratoria imposed by final order for

19  substandard quality of care, as defined by 42 C.F.R. part 483,

20  within any 30-month period;

21         (b)  Is conditionally licensed for 180 or more

22  continuous days;

23         (c)  Is cited for two class I deficiencies arising from

24  unrelated circumstances during the same survey or

25  investigation; or

26         (d)  Is cited for two class I deficiencies arising from

27  separate surveys or investigations within a 30-month period.

28  

29  The licensee may present factors in mitigation of revocation,

30  and the agency may make a determination not to revoke a

31  


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 1  license based upon a showing that revocation is inappropriate

 2  under the circumstances.

 3         (4)  The agency may issue an order immediately

 4  suspending or revoking a license when it determines that any

 5  condition in the facility presents a danger to the health,

 6  safety, or welfare of the residents in the facility.

 7         (5)(a)  The agency may impose an immediate moratorium

 8  on admissions to any facility when the agency determines that

 9  any condition in the facility presents a threat to the health,

10  safety, or welfare of the residents in the facility.

11         (4)(b)  Where the agency has placed a moratorium on

12  admissions on any facility two times within a 7-year period,

13  the agency may revoke suspend the license of the nursing home

14  and the facility's management company, if any.  During the

15  suspension, the agency shall take the facility into

16  receivership and shall operate the facility.

17         (5)(6)  An action taken by the agency to deny, suspend,

18  or revoke a facility's license under this part shall be heard

19  by the Division of Administrative Hearings of the Department

20  of Management Services within 60 days after the assignment of

21  an administrative law judge, unless the time limitation is

22  waived by both parties.  The administrative law judge must

23  render a decision within 30 days after receipt of a proposed

24  recommended order.

25         (6)(7)  The agency is authorized to require a facility

26  to increase staffing beyond the minimum required by law, if

27  the agency has taken administrative action against the

28  facility for care-related deficiencies directly attributable

29  to insufficient staff. Under such circumstances, the facility

30  may request an expedited interim rate increase. The agency

31  shall process the request within 10 days after receipt of all


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 1  required documentation from the facility. A facility that

 2  fails to maintain the required increased staffing is subject

 3  to a fine of $500 per day for each day the staffing is below

 4  the level required by the agency.

 5         (8)  An administrative proceeding challenging an action

 6  taken by the agency pursuant to this section shall be reviewed

 7  on the basis of the facts and conditions that resulted in such

 8  agency action.

 9         (7)(9)  Notwithstanding any other provision of law to

10  the contrary, agency action in an administrative proceeding

11  under this section may be overcome by the licensee upon a

12  showing by a preponderance of the evidence to the contrary.

13         (8)(10)  In addition to any other sanction imposed

14  under this part, in any final order that imposes sanctions,

15  the agency may assess costs related to the investigation and

16  prosecution of the case. Payment of agency costs shall be

17  deposited into the Health Care Trust Fund.

18         Section 65.  Section 400.125, Florida Statutes, is

19  repealed.

20         Section 66.  Subsections (14), (15), and (16) of

21  section 400.141, Florida Statutes, are amended to read:

22         400.141  Administration and management of nursing home

23  facilities.--Every licensed facility shall comply with all

24  applicable standards and rules of the agency and shall:

25         (14)  Submit to the agency the information specified in

26  s. 400.071(1)(a) s. 400.071(2)(e) for a management company

27  within 30 days after the effective date of the management

28  agreement.

29         (15)(a)  At the end of each calendar quarter, submit

30  semiannually to the agency, or more frequently if requested by

31  the agency, information regarding facility staff-to-resident


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 1  ratios, staff turnover, and staff stability, including

 2  information regarding certified nursing assistants, licensed

 3  nurses, the director of nursing, and the facility

 4  administrator. For purposes of this reporting:

 5         1.(a)  Staff-to-resident ratios must be reported in the

 6  categories specified in s. 400.23(3)(a) and applicable rules.

 7  The ratio must be reported as an average for the most recent

 8  calendar quarter.

 9         2.(b)  Staff turnover must be reported for the most

10  recent 12-month period ending on the last workday of the most

11  recent calendar quarter prior to the date the information is

12  submitted. The turnover rate must be computed quarterly, with

13  the annual rate being the cumulative sum of the quarterly

14  rates. The turnover rate is the total number of terminations

15  or separations experienced during the quarter, excluding any

16  employee terminated during a probationary period of 3 months

17  or less, divided by the total number of staff employed at the

18  end of the period for which the rate is computed, and

19  expressed as a percentage.

20         3.(c)  The formula for determining staff stability is

21  the total number of employees that have been employed for more

22  than 12 months, divided by the total number of employees

23  employed at the end of the most recent calendar quarter, and

24  expressed as a percentage.

25         (b)(d)  A nursing facility that has failed to comply

26  with state minimum-staffing requirements for 2 consecutive

27  days is prohibited from accepting new admissions until the

28  facility has achieved the minimum-staffing requirements for a

29  period of 6 consecutive days. For the purposes of this

30  paragraph, any person who was a resident of the facility and

31  was absent from the facility for the purpose of receiving


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 1  medical care at a separate location or was on a leave of

 2  absence is not considered a new admission. Failure to impose

 3  such an admissions moratorium constitutes a class II

 4  deficiency.

 5         (c)(e)  A nursing facility that which does not have a

 6  conditional license may be cited for failure to comply with

 7  the standards in s. 400.23(3)(a) only if it has failed to meet

 8  those standards on 2 consecutive days or if it has failed to

 9  meet at least 97 percent of those standards on any one day.

10         (d)(f)  A facility that which has a conditional license

11  must be in compliance with the standards in s. 400.23(3)(a) at

12  all times from the effective date of the conditional license

13  until the effective date of a subsequent standard license.

14  

15  Nothing in this section shall limit the agency's ability to

16  impose a deficiency or take other actions if a facility does

17  not have enough staff to meet the residents' needs.

18         (16)  Report monthly the number of vacant beds in the

19  facility which are available for resident occupancy on the

20  last day of the month information is reported.

21  

22  Facilities that have been awarded a Gold Seal under the

23  program established in s. 400.235 may develop a plan to

24  provide certified nursing assistant training as prescribed by

25  federal regulations and state rules and may apply to the

26  agency for approval of their program.

27         Section 67.  Subsections (4) and (5) of section 400.17,

28  Florida Statutes, are amended to read:

29         400.17  Bribes, kickbacks, certain solicitations

30  prohibited.--

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 1         (4)  Solicitation of contributions of any kind in a

 2  threatening, coercive, or unduly forceful manner by or on

 3  behalf of a nursing home by any agent, employee, owner, or

 4  representative of a nursing home shall be grounds for denial,

 5  suspension, or revocation of the license for any nursing home

 6  on behalf of which such contributions were solicited.

 7         (5)  The admission, maintenance, or treatment of a

 8  nursing home resident whose care is supported in whole or in

 9  part by state funds may not be made conditional upon the

10  receipt of any manner of contribution or donation from any

11  person. However, this may not be construed to prohibit the

12  offer or receipt of contributions or donations to a nursing

13  home which are not related to the care of a specific resident.

14  Contributions solicited or received in violation of this

15  subsection shall be grounds for denial, suspension, or

16  revocation of a license for any nursing home on behalf of

17  which such contributions were solicited.

18         Section 68.  Section 400.179, Florida Statutes, is

19  amended to read:

20         400.179  Sale or transfer of ownership of a nursing

21  facility; Liability for Medicaid underpayments and

22  overpayments.--

23         (1)  It is the intent of the Legislature to protect the

24  rights of nursing home residents and the security of public

25  funds when a nursing facility is sold or the ownership is

26  transferred.

27         (2)  Whenever a nursing facility is sold or the

28  ownership is transferred, including leasing, the transferee

29  shall make application to the agency for a new license at

30  least 90 days prior to the date of transfer of ownership.

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 1         (3)  The transferor shall notify the agency in writing

 2  at least 90 days prior to the date of transfer of ownership.

 3  The transferor shall be responsible and liable for the lawful

 4  operation of the nursing facility and the welfare of the

 5  residents domiciled in the facility until the date the

 6  transferee is licensed by the agency.  The transferor shall be

 7  liable for any and all penalties imposed against the facility

 8  for violations occurring prior to the date of transfer of

 9  ownership.

10         (4)  The transferor shall, prior to transfer of

11  ownership, repay or make arrangements to repay to the agency

12  or the Department of Children and Family Services any amounts

13  owed to the agency or the department.  Should the transferor

14  fail to repay or make arrangements to repay the amounts owed

15  to the agency or the department prior to the transfer of

16  ownership, the issuance of a license to the transferee shall

17  be delayed until repayment or until arrangements for repayment

18  are made.

19         (2)(5)  Because any transfer of a nursing facility may

20  expose the fact that Medicaid may have underpaid or overpaid

21  the transferor, and because in most instances, any such

22  underpayment or overpayment can only be determined following a

23  formal field audit, the liabilities for any such underpayments

24  or overpayments shall be as follows:

25         (a)  The Medicaid program shall be liable to the

26  transferor for any underpayments owed during the transferor's

27  period of operation of the facility.

28         (b)  Without regard to whether the transferor had

29  leased or owned the nursing facility, the transferor shall

30  remain liable to the Medicaid program for all Medicaid

31  


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 1  overpayments received during the transferor's period of

 2  operation of the facility, regardless of when determined.

 3         (c)  Where the facility transfer takes any form of a

 4  sale of assets, in addition to the transferor's continuing

 5  liability for any such overpayments, if the transferor fails

 6  to meet these obligations, the transferee shall be liable for

 7  all liabilities that can be readily identifiable 90 days in

 8  advance of the transfer. Such liability shall continue in

 9  succession until the debt is ultimately paid or otherwise

10  resolved. It shall be the burden of the transferee to

11  determine the amount of all such readily identifiable

12  overpayments from the Agency for Health Care Administration,

13  and the agency shall cooperate in every way with the

14  identification of such amounts.  Readily identifiable

15  overpayments shall include overpayments that will result from,

16  but not be limited to:

17         1.  Medicaid rate changes or adjustments;

18         2.  Any depreciation recapture;

19         3.  Any recapture of fair rental value system indexing;

20  or

21         4.  Audits completed by the agency.

22  

23  The transferor shall remain liable for any such Medicaid

24  overpayments that were not readily identifiable 90 days in

25  advance of the nursing facility transfer.

26         (d)  Where the transfer involves a facility that has

27  been leased by the transferor:

28         1.  The transferee shall, as a condition to being

29  issued a license by the agency, acquire, maintain, and provide

30  proof to the agency of a bond with a term of 30 months,

31  renewable annually, in an amount not less than the total of 3


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 1  months Medicaid payments to the facility computed on the basis

 2  of the preceding 12-month average Medicaid payments to the

 3  facility.

 4         2.  A leasehold licensee may meet the requirements of

 5  subparagraph 1. by payment of a nonrefundable fee, paid at

 6  initial licensure, paid at the time of any subsequent change

 7  of ownership, and paid at the time of any subsequent change of

 8  ownership, and paid annually thereafter at the time of any

 9  subsequent annual license renewal, in the amount of 2 percent

10  of the total of 3 months' Medicaid payments to the facility

11  computed on the basis of the preceding 12-month average

12  Medicaid payments to the facility. If a preceding 12-month

13  average is not available, projected Medicaid payments may be

14  used. The fee shall be deposited into the Health Care Trust

15  Fund and shall be accounted for separately as a Medicaid

16  nursing home overpayment account. These fees shall be used at

17  the sole discretion of the agency to repay nursing home

18  Medicaid overpayments. Payment of this fee shall not release

19  the licensee from any liability for any Medicaid overpayments,

20  nor shall payment bar the agency from seeking to recoup

21  overpayments from the licensee and any other liable party. As

22  a condition of exercising this lease bond alternative,

23  licensees paying this fee must maintain an existing lease bond

24  through the end of the 30-month term period of that bond. The

25  agency is herein granted specific authority to promulgate all

26  rules pertaining to the administration and management of this

27  account, including withdrawals from the account, subject to

28  federal review and approval. This provision shall take effect

29  upon becoming law and shall apply to any leasehold license

30  application.

31  


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 1         a.  The financial viability of the Medicaid nursing

 2  home overpayment account shall be determined by the agency

 3  through annual review of the account balance and the amount of

 4  total outstanding, unpaid Medicaid overpayments owing from

 5  leasehold licensees to the agency as determined by final

 6  agency audits.

 7         b.  The agency, in consultation with the Florida Health

 8  Care Association and the Florida Association of Homes for the

 9  Aging, shall study and make recommendations on the minimum

10  amount to be held in reserve to protect against Medicaid

11  overpayments to leasehold licensees and on the issue of

12  successor liability for Medicaid overpayments upon sale or

13  transfer of ownership of a nursing facility. The agency shall

14  submit the findings and recommendations of the study to the

15  Governor, the President of the Senate, and the Speaker of the

16  House of Representatives by January 1, 2003.

17         3.  The leasehold licensee may meet the bond

18  requirement through other arrangements acceptable to the

19  agency. The agency is herein granted specific authority to

20  promulgate rules pertaining to lease bond arrangements.

21         4.  All existing nursing facility licensees, operating

22  the facility as a leasehold, shall acquire, maintain, and

23  provide proof to the agency of the 30-month bond required in

24  subparagraph 1., above, on and after July 1, 1993, for each

25  license renewal.

26         5.  It shall be the responsibility of all nursing

27  facility operators, operating the facility as a leasehold, to

28  renew the 30-month bond and to provide proof of such renewal

29  to the agency annually at the time of application for license

30  renewal.

31  


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 1         6.  Any failure of the nursing facility licensee

 2  operator to acquire, maintain, renew annually, or provide

 3  proof to the agency shall be grounds for the agency to deny

 4  or, cancel, revoke, or suspend the facility license to operate

 5  such facility and to take any further action, including, but

 6  not limited to, enjoining the facility, asserting a moratorium

 7  pursuant to part II of chapter 408, or applying for a

 8  receiver, deemed necessary to ensure compliance with this

 9  section and to safeguard and protect the health, safety, and

10  welfare of the facility's residents. A lease agreement

11  required as a condition of bond financing or refinancing under

12  s. 154.213 by a health facilities authority or required under

13  s. 159.30 by a county or municipality is not a leasehold for

14  purposes of this paragraph and is not subject to the bond

15  requirement of this paragraph.

16         Section 69.  Subsections (1) and (4) of section 400.18,

17  Florida Statutes, are amended to read:

18         400.18  Closing of nursing facility.--

19         (1)  Whenever a licensee voluntarily discontinues

20  operation, and during the period when it is preparing for such

21  discontinuance, it shall inform the agency not less than 90

22  days prior to the discontinuance of operation. The licensee

23  also shall inform the resident or the next of kin, legal

24  representative, or agency acting on behalf of the resident of

25  the fact, and the proposed time, of such discontinuance of

26  operation and give at least 90 days' notice so that suitable

27  arrangements may be made for the transfer and care of the

28  resident.  In the event any resident has no such person to

29  represent him or her, the licensee shall be responsible for

30  securing a suitable transfer of the resident before the

31  discontinuance of operation.  The agency shall be responsible


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 1  for arranging for the transfer of those residents requiring

 2  transfer who are receiving assistance under the Medicaid

 3  program.

 4         (4)  Immediately upon discontinuance of operation of a

 5  facility, the licensee shall surrender the license therefor to

 6  the agency, and the license shall be canceled.

 7         Section 70.  Subsections (1), (2), and (3) of section

 8  400.19, Florida Statutes, are amended to read:

 9         400.19  Right of entry and inspection.--

10         (1)  In accordance with part II of chapter 408, the

11  agency and any duly designated officer or employee thereof or

12  a member of the State Long-Term Care Ombudsman Council or the

13  local long-term care ombudsman council shall have the right to

14  enter upon and into the premises of any facility licensed

15  pursuant to this part, or any distinct nursing home unit of a

16  hospital licensed under chapter 395 or any freestanding

17  facility licensed under chapter 395 that provides extended

18  care or other long-term care services, at any reasonable time

19  in order to determine the state of compliance with the

20  provisions of this part and rules in force pursuant thereto.

21  The right of entry and inspection shall also extend to any

22  premises which the agency has reason to believe is being

23  operated or maintained as a facility without a license, but no

24  such entry or inspection of any premises shall be made without

25  the permission of the owner or person in charge thereof,

26  unless a warrant is first obtained from the circuit court

27  authorizing same.  Any application for a facility license or

28  renewal thereof, made pursuant to this part, shall constitute

29  permission for and complete acquiescence in any entry or

30  inspection of the premises for which the license is sought, in

31  order to facilitate verification of the information submitted


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 1  on or in connection with the application; to discover,

 2  investigate, and determine the existence of abuse or neglect;

 3  or to elicit, receive, respond to, and resolve complaints. The

 4  agency shall, within 60 days after receipt of a complaint made

 5  by a resident or resident's representative, complete its

 6  investigation and provide to the complainant its findings and

 7  resolution.

 8         (2)  The agency shall coordinate nursing home facility

 9  licensing activities and responsibilities of any duly

10  designated officer or employee involved in nursing home

11  facility inspection to assure necessary, equitable, and

12  consistent supervision of inspection personnel without

13  unnecessary duplication of inspections, consultation services,

14  or complaint investigations. To facilitate such coordination,

15  all rules promulgated by the agency pursuant to this part

16  shall be distributed to nursing homes licensed under s.

17  400.062 30 days prior to implementation.  This requirement

18  does not apply to emergency rules.

19         (3)  The agency shall every 15 months conduct at least

20  one unannounced inspection to determine compliance by the

21  licensee with statutes, and with rules promulgated under the

22  provisions of those statutes, governing minimum standards of

23  construction, quality and adequacy of care, and rights of

24  residents. The survey shall be conducted every 6 months for

25  the next 2-year period if the facility has been cited for a

26  class I deficiency, has been cited for two or more class II

27  deficiencies arising from separate surveys or investigations

28  within a 60-day period, or has had three or more substantiated

29  complaints within a 6-month period, each resulting in at least

30  one class I or class II deficiency. In addition to any other

31  fees or fines in this part, the agency shall assess a fine for


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 1  each facility that is subject to the 6-month survey cycle. The

 2  fine for the 2-year period shall be $6,000, one-half to be

 3  paid at the completion of each survey. The agency may adjust

 4  this fine by the change in the Consumer Price Index, based on

 5  the 12 months immediately preceding the increase, to cover the

 6  cost of the additional surveys. The agency shall verify

 7  through subsequent inspection that any deficiency identified

 8  during the annual inspection is corrected.  However, the

 9  agency may verify the correction of a class III or class IV

10  deficiency unrelated to resident rights or resident care

11  without reinspecting the facility if adequate written

12  documentation has been received from the facility, which

13  provides assurance that the deficiency has been corrected. The

14  giving or causing to be given of advance notice of such

15  unannounced inspections by an employee of the agency to any

16  unauthorized person shall constitute cause for suspension of

17  not fewer than 5 working days according to the provisions of

18  chapter 110.

19         Section 71.  Section 400.191, Florida Statutes, is

20  amended to read:

21         400.191  Availability, distribution, and posting of

22  reports and records.--

23         (1)  The agency shall provide information to the public

24  about all of the licensed nursing home facilities operating in

25  the state. The agency shall, within 60 days after an annual

26  inspection visit or within 30 days after any interim visit to

27  a facility, send copies of the inspection reports to the local

28  long-term care ombudsman council, the agency's local office,

29  and a public library or the county seat for the county in

30  which the facility is located. The agency may provide

31  


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 1  electronic access to inspection reports as a substitute for

 2  sending copies.

 3         (2)  The agency shall publish the Guide to Nursing

 4  Homes in Florida provide additional information in

 5  consumer-friendly printed and electronic formats to assist

 6  consumers and their families in comparing and evaluating

 7  nursing home facilities.

 8         (a)  The agency shall provide an Internet site which

 9  shall include at least the following information either

10  directly or indirectly through a link to another established

11  site or sites of the agency's choosing:

12         1.  A list by name and address of all nursing home

13  facilities in this state, including any prior name a facility

14  was known by during the previous 12-month period.

15         2.  Whether such nursing home facilities are

16  proprietary or nonproprietary.

17         3.  The current owner of the facility's license and the

18  year that that entity became the owner of the license.

19         4.  The name of the owner or owners of each facility

20  and whether the facility is affiliated with a company or other

21  organization owning or managing more than one nursing facility

22  in this state.

23         5.  The total number of beds in each facility and the

24  most recently available occupancy levels.

25         6.  The number of private and semiprivate rooms in each

26  facility.

27         7.  The religious affiliation, if any, of each

28  facility.

29         8.  The languages spoken by the administrator and staff

30  of each facility.

31  


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 1         9.  Whether or not each facility accepts Medicare or

 2  Medicaid recipients or insurance, health maintenance

 3  organization, Veterans Administration, CHAMPUS program, or

 4  workers' compensation coverage.

 5         10.  Recreational and other programs available at each

 6  facility.

 7         11.  Special care units or programs offered at each

 8  facility.

 9         12.  Whether the facility is a part of a retirement

10  community that offers other services pursuant to part III,

11  part IV, or part V.

12         13.  Survey and deficiency information contained on the

13  Online Survey Certification and Reporting (OSCAR) system of

14  the federal Centers for Medicare and Medicaid Services Health

15  Care Financing Administration, including recertification

16  annual survey, revisit, and complaint survey information, for

17  each facility for the past 30 45 months.  For noncertified

18  nursing homes, state survey and deficiency information,

19  including licensure annual survey, revisit, and complaint

20  survey information for the past 30 45 months shall be

21  provided.

22         14.  A summary of the Online Survey Certification and

23  Reporting (OSCAR) data for each facility over the past 30 45

24  months. Such summary may include a score, rating, or

25  comparison ranking with respect to other facilities based on

26  the number of citations received by the facility of

27  recertification annual, revisit, and complaint surveys; the

28  severity and scope of the citations; and the number of annual

29  recertification surveys the facility has had during the past

30  30 45 months. The score, rating, or comparison ranking may be

31  


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 1  presented in either numeric or symbolic form for the intended

 2  consumer audience.

 3         (b)  The agency shall provide the following information

 4  in printed form:

 5         1.  A list by name and address of all nursing home

 6  facilities in this state.

 7         2.  Whether such nursing home facilities are

 8  proprietary or nonproprietary.

 9         3.  The current owner or owners of the facility's

10  license and the year that entity became the owner of the

11  license.

12         4.  The total number of beds, and of private and

13  semiprivate rooms, in each facility.

14         5.  The religious affiliation, if any, of each

15  facility.

16         6.  The name of the owner of each facility and whether

17  the facility is affiliated with a company or other

18  organization owning or managing more than one nursing facility

19  in this state.

20         7.  The languages spoken by the administrator and staff

21  of each facility.

22         8.  Whether or not each facility accepts Medicare or

23  Medicaid recipients or insurance, health maintenance

24  organization, Veterans Administration, CHAMPUS program, or

25  workers' compensation coverage.

26         9.  Recreational programs, special care units, and

27  other programs available at each facility.

28         10.  The Internet address for the site where more

29  detailed information can be seen.

30  

31  


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 1         11.  A statement advising consumers that each facility

 2  will have its own policies and procedures related to

 3  protecting resident property.

 4         12.  A summary of the Online Survey Certification and

 5  Reporting (OSCAR) data for each facility over the past 30 45

 6  months. Such summary may include a score, rating, or

 7  comparison ranking with respect to other facilities based on

 8  the number of citations received by the facility on

 9  recertification annual, revisit, and complaint surveys; the

10  severity and scope of the citations; the number of citations;

11  and the number of annual recertification surveys the facility

12  has had during the past 30 45 months. The score, rating, or

13  comparison ranking may be presented in either numeric or

14  symbolic form for the intended consumer audience.

15         (c)  For purposes of this subsection, references to the

16  Online Survey Certification and Reporting (OSCAR) system shall

17  refer to any future system that the Centers for Medicare and

18  Medicaid Services Health Care Financing Administration

19  develops to replace the current OSCAR system.

20         (d)  The agency may provide the following additional

21  information on an Internet site or in printed form as the

22  information becomes available:

23         1.  The licensure status history of each facility.

24         2.  The rating history of each facility.

25         3.  The regulatory history of each facility, which may

26  include federal sanctions, state sanctions, federal fines,

27  state fines, and other actions.

28         4.  Whether the facility currently possesses the Gold

29  Seal designation awarded pursuant to s. 400.235.

30         5.  Internet links to the Internet sites of the

31  facilities or their affiliates.


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 1         (3)  Each nursing home facility licensee shall maintain

 2  as public information, available upon request, records of all

 3  cost and inspection reports pertaining to that facility that

 4  have been filed with, or issued by, any governmental agency.

 5  Copies of such reports shall be retained in such records for

 6  not less than 5 years from the date the reports are filed or

 7  issued.

 8         (a)  The agency shall quarterly publish in the Guide to

 9  Nursing Homes in Florida a "Nursing Home Guide Watch List" to

10  assist consumers in evaluating the quality of nursing home

11  care in Florida. The watch list must identify each facility

12  that met the criteria for a conditional licensure status on

13  any day within the quarter covered by the list and each

14  facility that was operating under bankruptcy protection on any

15  day within the quarter. The watch list must include, but is

16  not limited to, the facility's name, address, and ownership;

17  the county in which the facility operates; the license

18  expiration date; the number of licensed beds; a description of

19  the deficiency causing the facility to be placed on the list;

20  any corrective action taken; and the cumulative number and

21  percentage of days times the facility had a conditional

22  license and was has been on a watch list in the past 30

23  months. The watch list must include a brief description

24  regarding how to choose a nursing home, the categories of

25  licensure, the agency's inspection process, an explanation of

26  terms used in the watch list, and the addresses and phone

27  numbers of the agency's managed care and health quality

28  assurance field area offices.

29         (b)  Upon publication of each quarterly Guide to

30  Nursing Homes in Florida watch list, the agency must transmit

31  a copy of all pages listing the facility the watch list to


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 1  each nursing home facility by mail and must make the watch

 2  list available on the agency's Internet website.

 3         (4)  Any records of a nursing home facility determined

 4  by the agency to be necessary and essential to establish

 5  lawful compliance with any rules or standards shall be made

 6  available to the agency on the premises of the facility and

 7  submitted to the agency. Each facility must submit this

 8  information electronically when electronic transmission to the

 9  agency is available.

10         (5)  Every nursing home facility licensee shall:

11         (a)  Post, in a sufficient number of prominent

12  positions in the nursing home so as to be accessible to all

13  residents and to the general public:

14         1.  A concise summary of the last inspection report

15  pertaining to the nursing home and issued by the agency, with

16  references to the page numbers of the full reports, noting any

17  deficiencies found by the agency and the actions taken by the

18  licensee to rectify such deficiencies and indicating in such

19  summaries where the full reports may be inspected in the

20  nursing home.

21         2.  A copy of the most recent version of all pages

22  listing the facility in the Guide to Nursing Homes in Florida

23  the Florida Nursing Home Guide Watch List.

24         (b)  Upon request, provide to any person who has

25  completed a written application with an intent to be admitted

26  to, or to any resident of, such nursing home, or to any

27  relative, spouse, or guardian of such person, a copy of the

28  last inspection report pertaining to the nursing home and

29  issued by the agency, provided the person requesting the

30  report agrees to pay a reasonable charge to cover copying

31  costs.


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 1         (6)  The agency may adopt rules as necessary to

 2  administer this section.

 3         Section 72.  Section 400.20, Florida Statutes, is

 4  amended to read:

 5         400.20  Licensed nursing home administrator

 6  required.--A No nursing home may not shall operate except

 7  under the supervision of a licensed nursing home

 8  administrator, and a no person may not shall be a nursing home

 9  administrator unless he or she holds is the holder of a

10  current license as provided in chapter 468.

11         Section 73.  Subsection (4) of section 400.211, Florida

12  Statutes, is amended to read:

13         400.211  Persons employed as nursing assistants;

14  certification requirement.--

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

16  12-month period or longer, a nursing assistant, to maintain

17  certification, shall submit to a performance review every 12

18  months and must receive regular inservice education based on

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

20         (a)  Be sufficient to ensure the continuing competence

21  of nursing assistants and be in accordance with s. 464.203(7),

22  must be at least 18 hours per year, and may include hours

23  accrued under s. 464.203(8);

24         (b)  Include, at a minimum:

25         1.  Techniques for assisting with eating and proper

26  feeding;

27         2.  Principles of adequate nutrition and hydration;

28         3.  Techniques for assisting and responding to the

29  cognitively impaired resident or the resident with difficult

30  behaviors;

31  


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 1         4.  Techniques for caring for the resident at the

 2  end-of-life; and

 3         5.  Recognizing changes that place a resident at risk

 4  for pressure ulcers and falls; and

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

 6  assistant performance reviews and may address the special

 7  needs of residents as determined by the nursing home facility

 8  staff.

 9  

10  Costs associated with this training may not be reimbursed from

11  additional Medicaid funding through interim rate adjustments.

12         Section 74.  Subsections (2), (7), and (8) of section

13  400.23, Florida Statutes, are amended, and subsection (10) is

14  added to that section, to read:

15         400.23  Rules; evaluation and deficiencies; licensure

16  status.--

17         (2)  Pursuant to the intention of the Legislature, the

18  agency, in consultation with the Department of Health and the

19  Department of Elderly Affairs, shall adopt and enforce rules

20  to implement this part and part II of chapter 408, which shall

21  include reasonable and fair criteria in relation to:

22         (a)  The location of the facility and housing

23  conditions that will ensure the health, safety, and comfort of

24  residents, including an adequate call system. In making such

25  rules, the agency shall be guided by criteria recommended by

26  nationally recognized reputable professional groups and

27  associations with knowledge of such subject matters. The

28  agency shall update or revise such criteria as the need

29  arises. The agency may require alterations to a building if it

30  determines that an existing condition constitutes a distinct

31  hazard to life, health, or safety. In performing any


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 1  inspections of facilities authorized by this part, the agency

 2  may enforce the special-occupancy provisions of the Florida

 3  Building Code and the Florida Fire Prevention Code which apply

 4  to nursing homes. The agency is directed to provide assistance

 5  to the Florida Building Commission in updating the

 6  construction standards of the code relative to nursing homes.

 7         (b)  The number and qualifications of all personnel,

 8  including management, medical, nursing, and other professional

 9  personnel, and nursing assistants, orderlies, and support

10  personnel, having responsibility for any part of the care

11  given residents.

12         (c)  All sanitary conditions within the facility and

13  its surroundings, including water supply, sewage disposal,

14  food handling, and general hygiene which will ensure the

15  health and comfort of residents.

16         (d)  The equipment essential to the health and welfare

17  of the residents.

18         (e)  A uniform accounting system.

19         (f)  The care, treatment, and maintenance of residents

20  and measurement of the quality and adequacy thereof, based on

21  rules developed under this chapter and the Omnibus Budget

22  Reconciliation Act of 1987 (Pub. L. No. 100-203) (December 22,

23  1987), Title IV (Medicare, Medicaid, and Other Health-Related

24  Programs), Subtitle C (Nursing Home Reform), as amended.

25         (g)  The preparation and annual update of a

26  comprehensive emergency management plan.  The agency shall

27  adopt rules establishing minimum criteria for the plan after

28  consultation with the Department of Community Affairs.  At a

29  minimum, the rules must provide for plan components that

30  address emergency evacuation transportation; adequate

31  sheltering arrangements; postdisaster activities, including


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 1  emergency power, food, and water; postdisaster transportation;

 2  supplies; staffing; emergency equipment; individual

 3  identification of residents and transfer of records; and

 4  responding to family inquiries.  The comprehensive emergency

 5  management plan is subject to review and approval by the local

 6  emergency management agency.  During its review, the local

 7  emergency management agency shall ensure that the following

 8  agencies, at a minimum, are given the opportunity to review

 9  the plan:  the Department of Elderly Affairs, the Department

10  of Health, the Agency for Health Care Administration, and the

11  Department of Community Affairs.  Also, appropriate volunteer

12  organizations must be given the opportunity to review the

13  plan.  The local emergency management agency shall complete

14  its review within 60 days and either approve the plan or

15  advise the facility of necessary revisions.

16         (h)  The availability, distribution, and posting of

17  reports and records pursuant to s. 400.191 and the Gold Seal

18  Program pursuant to s. 400.235.

19         (7)  The agency shall, at least every 15 months,

20  evaluate all nursing home facilities and make a determination

21  as to the degree of compliance by each licensee with the

22  established rules adopted under this part as a basis for

23  assigning a licensure status to that facility.  The agency

24  shall base its evaluation on the most recent inspection

25  report, taking into consideration findings from other official

26  reports, surveys, interviews, investigations, and inspections.

27  The agency shall assign a licensure status of standard or

28  conditional to each nursing home.

29         (a)  A standard licensure status means that a facility

30  has no class I or class II deficiencies and has corrected all

31  


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 1  class III deficiencies within the time established by the

 2  agency.

 3         (b)  A conditional licensure status means that a

 4  facility, due to the presence of one or more class I or class

 5  II deficiencies, or class III deficiencies not corrected

 6  within the time established by the agency, is not in

 7  substantial compliance at the time of the survey with criteria

 8  established under this part or with rules adopted by the

 9  agency.  If the facility has no class I, class II, or class

10  III deficiencies at the time of the followup survey, a

11  standard licensure status may be assigned.

12         (c)  In evaluating the overall quality of care and

13  services and determining whether the facility will receive a

14  conditional or standard license, the agency shall consider the

15  needs and limitations of residents in the facility and the

16  results of interviews and surveys of a representative sampling

17  of residents, families of residents, ombudsman council members

18  in the planning and service area in which the facility is

19  located, guardians of residents, and staff of the nursing home

20  facility.

21         (d)  The current licensure status of each facility must

22  be indicated in bold print on the face of the license.  A list

23  of the deficiencies of the facility shall be posted in a

24  prominent place that is in clear and unobstructed public view

25  at or near the place where residents are being admitted to

26  that facility. Licensees receiving a conditional licensure

27  status for a facility shall prepare, within 10 working days

28  after receiving notice of deficiencies, a plan for correction

29  of all deficiencies and shall submit the plan to the agency

30  for approval.

31  


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 1         (e)  Each licensee shall post its license in a

 2  prominent place that is in clear and unobstructed public view

 3  at or near the place where residents are being admitted to the

 4  facility.

 5         (e)(f)  The agency shall adopt rules that:

 6         1.  Establish uniform procedures for the evaluation of

 7  facilities.

 8         2.  Provide criteria in the areas referenced in

 9  paragraph (c).

10         3.  Address other areas necessary for carrying out the

11  intent of this section.

12         (8)  The agency shall adopt rules pursuant to this part

13  and part II of chapter 408 to provide that, when the criteria

14  established under subsection (2) are not met, such

15  deficiencies shall be classified according to the nature and

16  the scope of the deficiency. The scope shall be cited as

17  isolated, patterned, or widespread. An isolated deficiency is

18  a deficiency affecting one or a very limited number of

19  residents, or involving one or a very limited number of staff,

20  or a situation that occurred only occasionally or in a very

21  limited number of locations. A patterned deficiency is a

22  deficiency where more than a very limited number of residents

23  are affected, or more than a very limited number of staff are

24  involved, or the situation has occurred in several locations,

25  or the same resident or residents have been affected by

26  repeated occurrences of the same deficient practice but the

27  effect of the deficient practice is not found to be pervasive

28  throughout the facility. A widespread deficiency is a

29  deficiency in which the problems causing the deficiency are

30  pervasive in the facility or represent systemic failure that

31  has affected or has the potential to affect a large portion of


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 1  the facility's residents. The agency shall indicate the

 2  classification on the face of the notice of deficiencies as

 3  follows:

 4         (a)  A class I deficiency is a deficiency that the

 5  agency determines presents a situation in which immediate

 6  corrective action is necessary because the facility's

 7  noncompliance has caused, or is likely to cause, serious

 8  injury, harm, impairment, or death to a resident receiving

 9  care in a facility. The condition or practice constituting a

10  class I violation shall be abated or eliminated immediately,

11  unless a fixed period of time, as determined by the agency, is

12  required for correction. A class I deficiency is subject to a

13  civil penalty of $10,000 for an isolated deficiency, $12,500

14  for a patterned deficiency, and $15,000 for a widespread

15  deficiency. The fine amount shall be doubled for each

16  deficiency if the facility was previously cited for one or

17  more class I or class II deficiencies during the last

18  licensure annual inspection or any inspection or complaint

19  investigation since the last licensure annual inspection. A

20  fine must be levied notwithstanding the correction of the

21  deficiency.

22         (b)  A class II deficiency is a deficiency that the

23  agency determines has compromised the resident's ability to

24  maintain or reach his or her highest practicable physical,

25  mental, and psychosocial well-being, as defined by an accurate

26  and comprehensive resident assessment, plan of care, and

27  provision of services. A class II deficiency is subject to a

28  civil penalty of $2,500 for an isolated deficiency, $5,000 for

29  a patterned deficiency, and $7,500 for a widespread

30  deficiency. The fine amount shall be doubled for each

31  deficiency if the facility was previously cited for one or


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 1  more class I or class II deficiencies during the last

 2  licensure annual inspection or any inspection or complaint

 3  investigation since the last licensure annual inspection. A

 4  fine shall be levied notwithstanding the correction of the

 5  deficiency.

 6         (c)  A class III deficiency is a deficiency that the

 7  agency determines will result in no more than minimal

 8  physical, mental, or psychosocial discomfort to the resident

 9  or has the potential to compromise the resident's ability to

10  maintain or reach his or her highest practical physical,

11  mental, or psychosocial well-being, as defined by an accurate

12  and comprehensive resident assessment, plan of care, and

13  provision of services. A class III deficiency is subject to a

14  civil penalty of $1,000 for an isolated deficiency, $2,000 for

15  a patterned deficiency, and $3,000 for a widespread

16  deficiency. The fine amount shall be doubled for each

17  deficiency if the facility was previously cited for one or

18  more class I or class II deficiencies during the last

19  licensure annual inspection or any inspection or complaint

20  investigation since the last licensure annual inspection. A

21  citation for a class III deficiency must specify the time

22  within which the deficiency is required to be corrected.  If a

23  class III deficiency is corrected within the time specified,

24  no civil penalty shall be imposed.

25         (d)  A class IV deficiency is a deficiency that the

26  agency determines has the potential for causing no more than a

27  minor negative impact on the resident. If the class IV

28  deficiency is isolated, no plan of correction is required.

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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 1         Section 75.  Subsections (1) and (2) of section

 2  400.241, Florida Statutes, are repealed.

 3         Section 76.  Subsection (5) of section 400.402, Florida

 4  Statutes, is repealed and present subsections (12), (14), and

 5  (17) of that section are redesignated as subsections (11),

 6  (13), and (16), respectively, and amended to read:

 7         400.402  Definitions.--When used in this part, the

 8  term:

 9         (5)  "Applicant" means an individual owner,

10  corporation, partnership, firm, association, or governmental

11  entity that applies for a license.

12         (11)(12)  "Extended congregate care" means acts beyond

13  those authorized in subsection (16) (17) that may be performed

14  pursuant to part I of chapter 464 by persons licensed

15  thereunder while carrying out their professional duties, and

16  other supportive services which may be specified by rule.  The

17  purpose of such services is to enable residents to age in

18  place in a residential environment despite mental or physical

19  limitations that might otherwise disqualify them from

20  residency in a facility licensed under this part.

21         (13)(14)  "Limited nursing services" means acts that

22  may be performed pursuant to part I of chapter 464 by persons

23  licensed thereunder while carrying out their professional

24  duties but limited to those acts which the agency department

25  specifies by rule.  Acts which may be specified by rule as

26  allowable limited nursing services shall be for persons who

27  meet the admission criteria established by the agency

28  department for assisted living facilities and shall not be

29  complex enough to require 24-hour nursing supervision and may

30  include such services as the application and care of routine

31  dressings, and care of casts, braces, and splints.


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 1         (16)(17)  "Personal services" means direct physical

 2  assistance with or supervision of the activities of daily

 3  living and the self-administration of medication and other

 4  similar services which the agency department may define by

 5  rule.  "Personal services" shall not be construed to mean the

 6  provision of medical, nursing, dental, or mental health

 7  services.

 8         Section 77.  Section 400.407, Florida Statutes, is

 9  amended to read:

10         400.407  License required; fee, display.--

11         (1)  The requirements of part II of chapter 408 apply

12  to the provision of services that necessitate licensure

13  pursuant to this part and part II of chapter 408 and to

14  entities licensed by or applying for such licensure from the

15  Agency for Health Care Administration pursuant to this part.

16  However, an applicant for licensure is exempt from s.

17  408.810(10). A license issued by the agency is required for an

18  assisted living facility operating in this state.

19         (2)  Separate licenses shall be required for facilities

20  maintained in separate premises, even though operated under

21  the same management.  A separate license shall not be required

22  for separate buildings on the same grounds.

23         (3)  In addition to the requirements of s. 408.806,

24  each any license granted by the agency must state the maximum

25  resident capacity of the facility, the type of care for which

26  the license is granted, the date the license is issued, the

27  expiration date of the license, and any other information

28  deemed necessary by the agency. Licenses shall be issued for

29  one or more of the following categories of care: standard,

30  extended congregate care, limited nursing services, or limited

31  mental health.


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 1         (a)  A standard license shall be issued to facilities

 2  providing one or more of the personal services identified in

 3  s. 400.402. Such facilities may also employ or contract with a

 4  person licensed under part I of chapter 464 to administer

 5  medications and perform other tasks as specified in s.

 6  400.4255.

 7         (b)  An extended congregate care license shall be

 8  issued to facilities providing, directly or through contract,

 9  services beyond those authorized in paragraph (a), including

10  acts performed pursuant to part I of chapter 464 by persons

11  licensed thereunder, and supportive services defined by rule

12  to persons who otherwise would be disqualified from continued

13  residence in a facility licensed under this part.

14         1.  In order for extended congregate care services to

15  be provided in a facility licensed under this part, the agency

16  must first determine that all requirements established in law

17  and rule are met and must specifically designate, on the

18  facility's license, that such services may be provided and

19  whether the designation applies to all or part of a facility.

20  Such designation may be made at the time of initial licensure

21  or relicensure, or upon request in writing by a licensee under

22  this part pursuant to s. 408.806. Notification of approval or

23  denial of such request shall be made in accordance with part

24  II of chapter 408 within 90 days after receipt of such request

25  and all necessary documentation. Existing facilities

26  qualifying to provide extended congregate care services must

27  have maintained a standard license and may not have been

28  subject to administrative sanctions during the previous 2

29  years, or since initial licensure if the facility has been

30  licensed for less than 2 years, for any of the following

31  reasons:


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 1         a.  A class I or class II violation;

 2         b.  Three or more repeat or recurring class III

 3  violations of identical or similar resident care standards as

 4  specified in rule from which a pattern of noncompliance is

 5  found by the agency;

 6         c.  Three or more class III violations that were not

 7  corrected in accordance with the corrective action plan

 8  approved by the agency;

 9         d.  Violation of resident care standards resulting in a

10  requirement to employ the services of a consultant pharmacist

11  or consultant dietitian;

12         e.  Denial, suspension, or revocation of a license for

13  another facility under this part in which the applicant for an

14  extended congregate care license has at least 25 percent

15  ownership interest; or

16         f.  Imposition of a moratorium on admissions or

17  initiation of injunctive proceedings.

18         2.  Facilities that are licensed to provide extended

19  congregate care services shall maintain a written progress

20  report on each person who receives such services, which report

21  describes the type, amount, duration, scope, and outcome of

22  services that are rendered and the general status of the

23  resident's health.  A registered nurse, or appropriate

24  designee, representing the agency shall visit such facilities

25  at least quarterly to monitor residents who are receiving

26  extended congregate care services and to determine if the

27  facility is in compliance with this part, part II of chapter

28  408, and with rules that relate to extended congregate care.

29  One of these visits may be in conjunction with the regular

30  survey.  The monitoring visits may be provided through

31  contractual arrangements with appropriate community agencies.


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 1  A registered nurse shall serve as part of the team that

 2  inspects such facility. The agency may waive one of the

 3  required yearly monitoring visits for a facility that has been

 4  licensed for at least 24 months to provide extended congregate

 5  care services, if, during the inspection, the registered nurse

 6  determines that extended congregate care services are being

 7  provided appropriately, and if the facility has no class I or

 8  class II violations and no uncorrected class III violations.

 9  Before such decision is made, the agency shall consult with

10  the long-term care ombudsman council for the area in which the

11  facility is located to determine if any complaints have been

12  made and substantiated about the quality of services or care.

13  The agency may not waive one of the required yearly monitoring

14  visits if complaints have been made and substantiated.

15         3.  Facilities that are licensed to provide extended

16  congregate care services shall:

17         a.  Demonstrate the capability to meet unanticipated

18  resident service needs.

19         b.  Offer a physical environment that promotes a

20  homelike setting, provides for resident privacy, promotes

21  resident independence, and allows sufficient congregate space

22  as defined by rule.

23         c.  Have sufficient staff available, taking into

24  account the physical plant and firesafety features of the

25  building, to assist with the evacuation of residents in an

26  emergency, as necessary.

27         d.  Adopt and follow policies and procedures that

28  maximize resident independence, dignity, choice, and

29  decisionmaking to permit residents to age in place to the

30  extent possible, so that moves due to changes in functional

31  status are minimized or avoided.


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 1         e.  Allow residents or, if applicable, a resident's

 2  representative, designee, surrogate, guardian, or attorney in

 3  fact to make a variety of personal choices, participate in

 4  developing service plans, and share responsibility in

 5  decisionmaking.

 6         f.  Implement the concept of managed risk.

 7         g.  Provide, either directly or through contract, the

 8  services of a person licensed pursuant to part I of chapter

 9  464.

10         h.  In addition to the training mandated in s. 400.452,

11  provide specialized training as defined by rule for facility

12  staff.

13         4.  Facilities licensed to provide extended congregate

14  care services are exempt from the criteria for continued

15  residency as set forth in rules adopted under s. 400.441.

16  Facilities so licensed shall adopt their own requirements

17  within guidelines for continued residency set forth by the

18  department in rule. However, such facilities may not serve

19  residents who require 24-hour nursing supervision. Facilities

20  licensed to provide extended congregate care services shall

21  provide each resident with a written copy of facility policies

22  governing admission and retention.

23         5.  The primary purpose of extended congregate care

24  services is to allow residents, as they become more impaired,

25  the option of remaining in a familiar setting from which they

26  would otherwise be disqualified for continued residency.  A

27  facility licensed to provide extended congregate care services

28  may also admit an individual who exceeds the admission

29  criteria for a facility with a standard license, if the

30  individual is determined appropriate for admission to the

31  extended congregate care facility.


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 1         6.  Before admission of an individual to a facility

 2  licensed to provide extended congregate care services, the

 3  individual must undergo a medical examination as provided in

 4  s. 400.426(4) and the facility must develop a preliminary

 5  service plan for the individual.

 6         7.  When a facility can no longer provide or arrange

 7  for services in accordance with the resident's service plan

 8  and needs and the facility's policy, the facility shall make

 9  arrangements for relocating the person in accordance with s.

10  400.428(1)(k).

11         8.  Failure to provide extended congregate care

12  services may result in denial of extended congregate care

13  license renewal.

14         9.  No later than January 1 of each year, the

15  department, in consultation with the agency, shall prepare and

16  submit to the Governor, the President of the Senate, the

17  Speaker of the House of Representatives, and the chairs of

18  appropriate legislative committees, a report on the status of,

19  and recommendations related to, extended congregate care

20  services. The status report must include, but need not be

21  limited to, the following information:

22         a.  A description of the facilities licensed to provide

23  such services, including total number of beds licensed under

24  this part.

25         b.  The number and characteristics of residents

26  receiving such services.

27         c.  The types of services rendered that could not be

28  provided through a standard license.

29         d.  An analysis of deficiencies cited during licensure

30  inspections.

31  


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 1         e.  The number of residents who required extended

 2  congregate care services at admission and the source of

 3  admission.

 4         f.  Recommendations for statutory or regulatory

 5  changes.

 6         g.  The availability of extended congregate care to

 7  state clients residing in facilities licensed under this part

 8  and in need of additional services, and recommendations for

 9  appropriations to subsidize extended congregate care services

10  for such persons.

11         h.  Such other information as the department considers

12  appropriate.

13         (c)  A limited nursing services license shall be issued

14  to a facility that provides services beyond those authorized

15  in paragraph (a) and as specified in this paragraph.

16         1.  In order for limited nursing services to be

17  provided in a facility licensed under this part, the agency

18  must first determine that all requirements established in law

19  and rule are met and must specifically designate, on the

20  facility's license, that such services may be provided. Such

21  designation may be made at the time of initial licensure or

22  relicensure, or upon request in writing by a licensee under

23  this part pursuant to s. 408.806. Notification of approval or

24  denial of such request shall be made in accordance with part

25  II of chapter 408 within 90 days after receipt of such request

26  and all necessary documentation. Existing facilities

27  qualifying to provide limited nursing services shall have

28  maintained a standard license and may not have been subject to

29  administrative sanctions that affect the health, safety, and

30  welfare of residents for the previous 2 years or since initial

31  


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 1  licensure if the facility has been licensed for less than 2

 2  years.

 3         2.  Facilities that are licensed to provide limited

 4  nursing services shall maintain a written progress report on

 5  each person who receives such nursing services, which report

 6  describes the type, amount, duration, scope, and outcome of

 7  services that are rendered and the general status of the

 8  resident's health.  A registered nurse representing the agency

 9  shall visit such facilities at least twice a year to monitor

10  residents who are receiving limited nursing services and to

11  determine if the facility is in compliance with applicable

12  provisions of this part and with related rules. The monitoring

13  visits may be provided through contractual arrangements with

14  appropriate community agencies.  A registered nurse shall also

15  serve as part of the team that inspects such facility.

16         3.  A person who receives limited nursing services

17  under this part must meet the admission criteria established

18  by the agency for assisted living facilities.  When a resident

19  no longer meets the admission criteria for a facility licensed

20  under this part, arrangements for relocating the person shall

21  be made in accordance with s. 400.428(1)(k), unless the

22  facility is licensed to provide extended congregate care

23  services.

24         (4)  In accordance with s. 408.805, an applicant or

25  licensee shall pay a fee for each license application

26  submitted under this part and part II of chapter 408. The

27  amount of the fee shall be established by rule.

28         (a)  The biennial license fee required of a facility is

29  $300 per license, with an additional fee of $50 per resident

30  based on the total licensed resident capacity of the facility,

31  except that no additional fee will be assessed for beds


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 1  designated for recipients of optional state supplementation

 2  payments provided for in s. 409.212. The total fee may not

 3  exceed $10,000, no part of which shall be returned to the

 4  facility.  The agency shall adjust the per bed license fee and

 5  the total licensure fee annually by not more than the change

 6  in the consumer price index based on the 12 months immediately

 7  preceding the increase.

 8         (b)  In addition to the total fee assessed under

 9  paragraph (a), the agency shall require facilities that are

10  licensed to provide extended congregate care services under

11  this part to pay an additional fee per licensed facility.  The

12  amount of the biennial fee shall be $400 per license, with an

13  additional fee of $10 per resident based on the total licensed

14  resident capacity of the facility. No part of this fee shall

15  be returned to the facility. The agency may adjust the per bed

16  license fee and the annual license fee once each year by not

17  more than the average rate of inflation for the 12 months

18  immediately preceding the increase.

19         (c)  In addition to the total fee assessed under

20  paragraph (a), the agency shall require facilities that are

21  licensed to provide limited nursing services under this part

22  to pay an additional fee per licensed facility.  The amount of

23  the biennial fee shall be $250 per license, with an additional

24  fee of $10 per resident based on the total licensed resident

25  capacity of the facility.  No part of this fee shall be

26  returned to the facility.  The agency may adjust the per bed

27  license fee and the biennial license fee once each year by not

28  more than the average rate of inflation for the 12 months

29  immediately preceding the increase.

30         (5)  Counties or municipalities applying for licenses

31  under this part are exempt from the payment of license fees.


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 1         (6)  The license shall be displayed in a conspicuous

 2  place inside the facility.

 3         (7)  A license shall be valid only in the possession of

 4  the individual, firm, partnership, association, or corporation

 5  to which it is issued and shall not be subject to sale,

 6  assignment, or other transfer, voluntary or involuntary; nor

 7  shall a license be valid for any premises other than that for

 8  which originally issued.

 9         (8)  A fee may be charged to a facility requesting a

10  duplicate license.  The fee shall not exceed the actual cost

11  of duplication and postage.

12         Section 78.  Subsection (1) of section 400.4075,

13  Florida Statutes, is amended to read:

14         400.4075  Limited mental health license.--An assisted

15  living facility that serves three or more mental health

16  residents must obtain a limited mental health license.

17         (1)  To obtain a limited mental health license, a

18  facility must hold a standard license as an assisted living

19  facility, must not have any current uncorrected deficiencies

20  or violations, and must ensure that, within 6 months after

21  receiving a limited mental health license, the facility

22  administrator and the staff of the facility who are in direct

23  contact with mental health residents must complete training of

24  no less than 6 hours related to their duties. Such designation

25  may be made at the time of initial licensure or relicensure,

26  or upon request in writing by a licensee under this part

27  pursuant to s. 408.806. Notification of approval or denial of

28  such request shall be made in accordance with part II of

29  chapter 408. The This training required by this subsection

30  shall will be provided by or approved by the Department of

31  Children and Family Services.


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 1         Section 79.  Section 400.408, Florida Statutes, is

 2  amended to read:

 3         400.408  Unlicensed facilities; referral of person for

 4  residency to unlicensed facility; penalties; verification of

 5  licensure status.--

 6         (1)(a)  It is unlawful to own, operate, or maintain an

 7  assisted living facility without obtaining a license under

 8  this part.

 9         (b)  Except as provided under paragraph (d), any person

10  who owns, operates, or maintains an unlicensed assisted living

11  facility commits a felony of the third degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

13  continued operation is a separate offense.

14         (c)  Any person found guilty of violating paragraph (a)

15  a second or subsequent time commits a felony of the second

16  degree, punishable as provided under s. 775.082, s. 775.083,

17  or s. 775.084. Each day of continued operation is a separate

18  offense.

19         (1)(d)  Any person who owns, operates, or maintains an

20  unlicensed assisted living facility due to a change in this

21  part or a modification in department rule within 6 months

22  after the effective date of such change and who, within 10

23  working days after receiving notification from the agency,

24  fails to cease operation or apply for a license under this

25  part commits a felony of the third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

27  continued operation is a separate offense.

28         (e)  Any facility that fails to cease operation after

29  agency notification may be fined for each day of noncompliance

30  pursuant to s. 400.419.

31  


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 1         (f)  When a licensee has an interest in more than one

 2  assisted living facility, and fails to license any one of

 3  these facilities, the agency may revoke the license, impose a

 4  moratorium, or impose a fine pursuant to s. 400.419, on any or

 5  all of the licensed facilities until such time as the

 6  unlicensed facility is licensed or ceases operation.

 7         (g)  If the agency determines that an owner is

 8  operating or maintaining an assisted living facility without

 9  obtaining a license and determines that a condition exists in

10  the facility that poses a threat to the health, safety, or

11  welfare of a resident of the facility, the owner is subject to

12  the same actions and fines imposed against a licensed facility

13  as specified in ss. 400.414 and 400.419.

14         (h)  Any person aware of the operation of an unlicensed

15  assisted living facility must report that facility to the

16  agency. The agency shall provide to the department's elder

17  information and referral providers a list, by county, of

18  licensed assisted living facilities, to assist persons who are

19  considering an assisted living facility placement in locating

20  a licensed facility.

21         (2)(i)  Each field office of the Agency for Health Care

22  Administration shall establish a local coordinating workgroup

23  which includes representatives of local law enforcement

24  agencies, state attorneys, local fire authorities, the

25  Department of Children and Family Services, the district

26  long-term care ombudsman council, and the district human

27  rights advocacy committee to assist in identifying the

28  operation of unlicensed facilities and to develop and

29  implement a plan to ensure effective enforcement of state laws

30  relating to such facilities. The workgroup shall report its

31  


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 1  findings, actions, and recommendations semiannually to the

 2  Director of Health Facility Regulation of the agency.

 3         (3)(2)  It is unlawful to knowingly refer a person for

 4  residency to an unlicensed assisted living facility; to an

 5  assisted living facility the license of which is under denial

 6  or has been suspended or revoked; or to an assisted living

 7  facility that has a moratorium pursuant to s. 408.814 on

 8  admissions.  Any person who violates this subsection commits a

 9  noncriminal violation, punishable by a fine not exceeding $500

10  as provided in s. 775.083.

11         (a)  Any health care practitioner, as defined in s.

12  456.001, who is aware of the operation of an unlicensed

13  facility shall report that facility to the agency. Failure to

14  report a facility that the practitioner knows or has

15  reasonable cause to suspect is unlicensed shall be reported to

16  the practitioner's licensing board.

17         (b)  Any hospital or community mental health center

18  licensed under chapter 395 or chapter 394 which knowingly

19  discharges a patient or client to an unlicensed facility is

20  subject to sanction by the agency.

21         (c)  Any employee of the agency or department, or the

22  Department of Children and Family Services, who knowingly

23  refers a person for residency to an unlicensed facility; to a

24  facility the license of which is under denial or has been

25  suspended or revoked; or to a facility that has a moratorium

26  pursuant to s. 408.814 on admissions is subject to

27  disciplinary action by the agency or department, or the

28  Department of Children and Family Services.

29         (d)  The employer of any person who is under contract

30  with the agency or department, or the Department of Children

31  and Family Services, and who knowingly refers a person for


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 1  residency to an unlicensed facility; to a facility the license

 2  of which is under denial or has been suspended or revoked; or

 3  to a facility that has a moratorium pursuant to s. 408.814 on

 4  admissions shall be fined and required to prepare a corrective

 5  action plan designed to prevent such referrals.

 6         (e)  The agency shall provide the department and the

 7  Department of Children and Family Services with a list of

 8  licensed facilities within each county and shall update the

 9  list at least quarterly.

10         (f)  At least annually, the agency shall notify, in

11  appropriate trade publications, physicians licensed under

12  chapter 458 or chapter 459, hospitals licensed under chapter

13  395, nursing home facilities licensed under part II of this

14  chapter, and employees of the agency or the department, or the

15  Department of Children and Family Services, who are

16  responsible for referring persons for residency, that it is

17  unlawful to knowingly refer a person for residency to an

18  unlicensed assisted living facility and shall notify them of

19  the penalty for violating such prohibition. The department and

20  the Department of Children and Family Services shall, in turn,

21  notify service providers under contract to the respective

22  departments who have responsibility for resident referrals to

23  facilities. Further, the notice must direct each noticed

24  facility and individual to contact the appropriate agency

25  office in order to verify the licensure status of any facility

26  prior to referring any person for residency. Each notice must

27  include the name, telephone number, and mailing address of the

28  appropriate office to contact.

29         Section 80.  Section 400.411, Florida Statutes, is

30  amended to read:

31  


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 1         400.411  Initial application for license; provisional

 2  license.--

 3         (1)  Each applicant for licensure must comply with all

 4  provisions of part II of chapter 408 and the following:

 5  Application for a license shall be made to the agency on forms

 6  furnished by it and shall be accompanied by the appropriate

 7  license fee.

 8         (2)  The applicant may be an individual owner, a

 9  corporation, a partnership, a firm, an association, or a

10  governmental entity.

11         (3)  The application must be signed by the applicant

12  under oath and must contain the following:

13         (a)  The name, address, date of birth, and social

14  security number of the applicant and the name by which the

15  facility is to be known. If the applicant is a firm,

16  partnership, or association, the application shall contain the

17  name, address, date of birth, and social security number of

18  every member thereof. If the applicant is a corporation, the

19  application shall contain the corporation's name and address;

20  the name, address, date of birth, and social security number

21  of each of its directors and officers; and the name and

22  address of each person having at least a 5-percent ownership

23  interest in the corporation.

24         (b)  The name and address of any professional service,

25  firm, association, partnership, or corporation that is to

26  provide goods, leases, or services to the facility if a

27  5-percent or greater ownership interest in the service, firm,

28  association, partnership, or corporation is owned by a person

29  whose name must be listed on the application under paragraph

30  (a).

31  


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 1         (c)  The name and address of any long-term care

 2  facility with which the applicant, administrator, or financial

 3  officer has been affiliated through ownership or employment

 4  within 5 years of the date of this license application; and a

 5  signed affidavit disclosing any financial or ownership

 6  interest that the applicant, or any person listed in paragraph

 7  (a), holds or has held within the last 5 years in any facility

 8  licensed under this part, or in any other entity licensed by

 9  this state or another state to provide health or residential

10  care, which facility or entity closed or ceased to operate as

11  a result of financial problems, or has had a receiver

12  appointed or a license denied, suspended or revoked, or was

13  subject to a moratorium on admissions, or has had an

14  injunctive proceeding initiated against it.

15         (d)  A description and explanation of any exclusions,

16  permanent suspensions, or terminations of the applicant from

17  the Medicare or Medicaid programs. Proof of compliance with

18  disclosure of ownership and control interest requirements of

19  the Medicaid or Medicare programs shall be accepted in lieu of

20  this submission.

21         (e)  The names and addresses of persons of whom the

22  agency may inquire as to the character, reputation, and

23  financial responsibility of the owner and, if different from

24  the applicant, the administrator and financial officer.

25         (a)(f)  Identify Identification of all other homes or

26  facilities, including the addresses and the license or

27  licenses under which they operate, if applicable, which are

28  currently operated by the applicant or administrator and which

29  provide housing, meals, and personal services to residents.

30         (b)(g)  Provide the location of the facility for which

31  a license is sought and documentation, signed by the


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 1  appropriate local government official, which states that the

 2  applicant has met local zoning requirements.

 3         (c)(h)  Provide the name, address, date of birth,

 4  social security number, education, and experience of the

 5  administrator, if different from the applicant.

 6         (4)  The applicant shall furnish satisfactory proof of

 7  financial ability to operate and conduct the facility in

 8  accordance with the requirements of this part. A certificate

 9  of authority, pursuant to chapter 651, may be provided as

10  proof of financial ability.

11         (5)  If the applicant is a continuing care facility

12  certified under chapter 651, a copy of the facility's

13  certificate of authority must be provided.

14         (2)(6)  The applicant shall provide proof of liability

15  insurance as defined in s. 624.605.

16         (7)  If the applicant is a community residential home,

17  the applicant must provide proof that it has met the

18  requirements specified in chapter 419.

19         (8)  The applicant must provide the agency with proof

20  of legal right to occupy the property.

21         (3)(9)  The applicant must furnish proof that the

22  facility has received a satisfactory firesafety inspection.

23  The local authority having jurisdiction or the State Fire

24  Marshal must conduct the inspection within 30 days after

25  written request by the applicant.

26         (4)(10)  The applicant must furnish documentation of a

27  satisfactory sanitation inspection of the facility by the

28  county health department.

29         (11)  The applicant must furnish proof of compliance

30  with level 2 background screening as required under s.

31  400.4174.


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 1         (5)(12)  A provisional license may be issued to an

 2  applicant making initial application for licensure or making

 3  application for a change of ownership.  A provisional license

 4  shall be limited in duration to a specific period of time not

 5  to exceed 6 months, as determined by the agency.

 6         (6)(13)  A county or municipality may not issue an

 7  occupational license that is being obtained for the purpose of

 8  operating a facility regulated under this part without first

 9  ascertaining that the applicant has been licensed to operate

10  such facility at the specified location or locations by the

11  agency.  The agency shall furnish to local agencies

12  responsible for issuing occupational licenses sufficient

13  instruction for making such determinations.

14         Section 81.  Section 400.412, Florida Statutes, is

15  amended to read:

16         400.412  Sale or transfer of ownership of a

17  facility.--It is the intent of the Legislature to protect the

18  rights of the residents of an assisted living facility when

19  the facility is sold or the ownership thereof is transferred.

20  Therefore, in addition to the requirements of part II of

21  chapter 408, whenever a facility is sold or the ownership

22  thereof is transferred, including leasing:

23         (1)  The transferee shall make application to the

24  agency for a new license at least 60 days before the date of

25  transfer of ownership.  The application must comply with the

26  provisions of s. 400.411.

27         (2)(a)  The transferor shall notify the agency in

28  writing at least 60 days before the date of transfer of

29  ownership.

30  

31  


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 1         (1)(b)  The transferee new owner shall notify the

 2  residents, in writing, of the change transfer of ownership

 3  within 7 days after of his or her receipt of the new license.

 4         (3)  The transferor shall be responsible and liable

 5  for:

 6         (a)  The lawful operation of the facility and the

 7  welfare of the residents domiciled in the facility until the

 8  date the transferee is licensed by the agency.

 9         (b)  Any and all penalties imposed against the facility

10  for violations occurring before the date of transfer of

11  ownership unless the penalty imposed is a moratorium on

12  admissions or denial of licensure.  The moratorium on

13  admissions or denial of licensure remains in effect after the

14  transfer of ownership, unless the agency has approved the

15  transferee's corrective action plan or the conditions which

16  created the moratorium or denial have been corrected, and may

17  be grounds for denial of license to the transferee in

18  accordance with chapter 120.

19         (c)  Any outstanding liability to the state, unless the

20  transferee has agreed, as a condition of sale or transfer, to

21  accept the outstanding liabilities and to guarantee payment

22  therefor; except that, if the transferee fails to meet these

23  obligations, the transferor shall remain liable for the

24  outstanding liability.

25         (2)(4)  The transferor of a facility the license of

26  which is denied pending an administrative hearing shall, as a

27  part of the written change-of-ownership transfer-of-ownership

28  contract, advise the transferee that a plan of correction must

29  be submitted by the transferee and approved by the agency at

30  least 7 days before the change transfer of ownership and that

31  failure to correct the condition which resulted in the


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 1  moratorium pursuant to s. 408.814 on admissions or denial of

 2  licensure is grounds for denial of the transferee's license.

 3         (5)  The transferee must provide the agency with proof

 4  of legal right to occupy the property before a license may be

 5  issued.  Proof may include, but is not limited to, copies of

 6  warranty deeds, or copies of lease or rental agreements,

 7  contracts for deeds, quitclaim deeds, or other such

 8  documentation.

 9         Section 82.  Section 400.414, Florida Statutes, is

10  amended to read:

11         400.414  Denial or, revocation, or suspension of

12  license; moratorium; imposition of administrative fine;

13  grounds.--

14         (1)  The agency may deny or, revoke, or suspend any

15  license issued under this part, impose a moratorium, or impose

16  an administrative fine in the manner provided in chapter 120,

17  for any of the following actions by an assisted living

18  facility, for the actions of any person subject to level 2

19  background screening under s. 400.4174, or for the actions of

20  any facility employee in violation of any provision of this

21  part, part II of chapter 408, or applicable rule:

22         (a)  An intentional or negligent act seriously

23  affecting the health, safety, or welfare of a resident of the

24  facility.

25         (b)  The determination by the agency that the owner

26  lacks the financial ability to provide continuing adequate

27  care to residents.

28         (c)  Misappropriation or conversion of the property of

29  a resident of the facility.

30         (d)  Failure to follow the criteria and procedures

31  provided under part I of chapter 394 relating to the


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 1  transportation, voluntary admission, and involuntary

 2  examination of a facility resident.

 3         (e)  A citation of any of the following deficiencies as

 4  defined in s. 400.419:

 5         1.  One or more cited class I deficiencies.

 6         2.  Three or more cited class II deficiencies.

 7         3.  Five or more cited class III deficiencies that have

 8  been cited on a single survey and have not been corrected

 9  within the times specified.

10         (f)  A determination that a person subject to level 2

11  background screening under s. 400.4174(1) does not meet the

12  screening standards of s. 435.04 or that the facility is

13  retaining an employee subject to level 1 background screening

14  standards under s. 400.4174(2) who does not meet the screening

15  standards of s. 435.03 and for whom exemptions from

16  disqualification have not been provided by the agency.

17         (g)  A determination that an employee, volunteer,

18  administrator, or owner, or person who otherwise has access to

19  the residents of a facility does not meet the criteria

20  specified in s. 435.03(2), and the owner or administrator has

21  not taken action to remove the person. Exemptions from

22  disqualification may be granted as set forth in s. 435.07. No

23  administrative action may be taken against the facility if the

24  person is granted an exemption.

25         (h)  Violation of a moratorium.

26         (i)  Failure of the license applicant, the licensee

27  during relicensure, or a licensee that holds a provisional

28  license to meet the minimum license requirements of this part,

29  or related rules, at the time of license application or

30  renewal.

31  


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 1         (j)  A fraudulent statement or omission of any material

 2  fact on an application for a license or any other document

 3  required by the agency, including the submission of a license

 4  application that conceals the fact that any board member,

 5  officer, or person owning 5 percent or more of the facility

 6  may not meet the background screening requirements of s.

 7  400.4174, or that the applicant has been excluded, permanently

 8  suspended, or terminated from the Medicaid or Medicare

 9  programs.

10         (h)(k)  An intentional or negligent life-threatening

11  act in violation of the uniform firesafety standards for

12  assisted living facilities or other firesafety standards that

13  threatens the health, safety, or welfare of a resident of a

14  facility, as communicated to the agency by the local authority

15  having jurisdiction or the State Fire Marshal.

16         (l)  Exclusion, permanent suspension, or termination

17  from the Medicare or Medicaid programs.

18         (i)(m)  Knowingly operating any unlicensed facility or

19  providing without a license any service that must be licensed

20  under this chapter.

21         (j)(n)  Any act constituting a ground upon which

22  application for a license may be denied.

23  

24  Administrative proceedings challenging agency action under

25  this subsection shall be reviewed on the basis of the facts

26  and conditions that resulted in the agency action.

27         (2)  Upon notification by the local authority having

28  jurisdiction or by the State Fire Marshal, the agency may deny

29  or revoke the license of an assisted living facility that

30  fails to correct cited fire code violations that affect or

31  


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 1  threaten the health, safety, or welfare of a resident of a

 2  facility.

 3         (3)  The agency may deny a license to any applicant

 4  controlling interest as defined in s. 408.803 that or to any

 5  officer or board member of an applicant who is a firm,

 6  corporation, partnership, or association or who owns 5 percent

 7  or more of the facility, if the applicant, officer, or board

 8  member has or had a 25-percent or greater financial or

 9  ownership interest in any other facility licensed under this

10  part, or in any entity licensed by this state or another state

11  to provide health or residential care, which facility or

12  entity during the 5 years prior to the application for a

13  license closed due to financial inability to operate; had a

14  receiver appointed or a license denied, suspended, or revoked;

15  was subject to a moratorium pursuant to s. 408.814 on

16  admissions; had an injunctive proceeding initiated against it;

17  or has an outstanding fine assessed under this chapter.

18         (4)  The agency shall deny or revoke the license of an

19  assisted living facility that has two or more class I

20  violations that are similar or identical to violations

21  identified by the agency during a survey, inspection,

22  monitoring visit, or complaint investigation occurring within

23  the previous 2 years.

24         (5)  An action taken by the agency to suspend, deny, or

25  revoke a facility's license under this part, in which the

26  agency claims that the facility owner or an employee of the

27  facility has threatened the health, safety, or welfare of a

28  resident of the facility be heard by the Division of

29  Administrative Hearings of the Department of Management

30  Services within 120 days after receipt of the facility's

31  request for a hearing, unless that time limitation is waived


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 1  by both parties. The administrative law judge must render a

 2  decision within 30 days after receipt of a proposed

 3  recommended order.

 4         (6)  The agency shall provide to the Division of Hotels

 5  and Restaurants of the Department of Business and Professional

 6  Regulation, on a monthly basis, a list of those assisted

 7  living facilities that have had their licenses denied,

 8  suspended, or revoked or that are involved in an appellate

 9  proceeding pursuant to s. 120.60 related to the denial,

10  suspension, or revocation of a license.

11         (7)  Agency notification of a license suspension or

12  revocation, or denial of a license renewal, shall be posted

13  and visible to the public at the facility.

14         (8)  The agency may issue a temporary license pending

15  final disposition of a proceeding involving the suspension or

16  revocation of an assisted living facility license.

17         Section 83.  Section 400.417, Florida Statutes, is

18  amended to read:

19         400.417  Expiration of license; renewal; conditional

20  license.--

21         (1)  Biennial licenses, unless sooner suspended or

22  revoked, shall expire 2 years from the date of issuance.

23  Limited nursing, extended congregate care, and limited mental

24  health licenses shall expire at the same time as the

25  facility's standard license, regardless of when issued. The

26  agency shall notify the facility at least 120 days prior to

27  expiration that a renewal license is necessary to continue

28  operation. The notification must be provided electronically or

29  by mail delivery. Ninety days prior to the expiration date, an

30  application for renewal shall be submitted to the agency. Fees

31  must be prorated. The failure to file a timely renewal


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 1  application shall result in a late fee charged to the facility

 2  in an amount equal to 50 percent of the current fee.

 3         (2)  A license shall be renewed in accordance with part

 4  II of chapter 408 within 90 days upon the timely filing of an

 5  application on forms furnished by the agency and the provision

 6  of satisfactory proof of ability to operate and conduct the

 7  facility in accordance with the requirements of this part and

 8  adopted rules, including proof that the facility has received

 9  a satisfactory firesafety inspection, conducted by the local

10  authority having jurisdiction or the State Fire Marshal,

11  within the preceding 12 months and an affidavit of compliance

12  with the background screening requirements of s. 400.4174.

13         (3)  In addition to the requirements of part II of

14  chapter 408, An applicant for renewal of a license who has

15  complied with the provisions of s. 400.411 with respect to

16  proof of financial ability to operate shall not be required to

17  provide further proof unless the facility or any other

18  facility owned or operated in whole or in part by the same

19  person has demonstrated financial instability as provided

20  under s. 400.447(2) or unless the agency suspects that the

21  facility is not financially stable as a result of the annual

22  survey or complaints from the public or a report from the

23  State Long-Term Care Ombudsman Council. each facility must

24  report to the agency any adverse court action concerning the

25  facility's financial viability, within 7 days after its

26  occurrence.  The agency shall have access to books, records,

27  and any other financial documents maintained by the facility

28  to the extent necessary to determine the facility's financial

29  stability. A license for the operation of a facility shall not

30  be renewed if the licensee has any outstanding fines assessed

31  pursuant to this part which are in final order status.


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 1         (4)  A licensee against whom a revocation or suspension

 2  proceeding is pending at the time of license renewal may be

 3  issued a conditional license effective until final disposition

 4  by the agency.  If judicial relief is sought from the final

 5  disposition, the court having jurisdiction may issue a

 6  conditional license for the duration of the judicial

 7  proceeding.

 8         (4)(5)  A conditional license may be issued to an

 9  applicant for license renewal if the applicant fails to meet

10  all standards and requirements for licensure.  A conditional

11  license issued under this subsection shall be limited in

12  duration to a specific period of time not to exceed 6 months,

13  as determined by the agency, and shall be accompanied by an

14  agency-approved plan of correction.

15         (5)(6)  When an extended care or limited nursing

16  license is requested during a facility's biennial license

17  period, the fee shall be prorated in order to permit the

18  additional license to expire at the end of the biennial

19  license period. The fee shall be calculated as of the date the

20  additional license application is received by the agency.

21         (6)(7)  The agency department may by rule establish

22  renewal procedures, identify forms, and specify documentation

23  necessary to administer this section and part II of chapter

24  408.

25         Section 84.  Section 400.415, Florida Statutes, is

26  repealed.

27         Section 85.  Section 400.4174, Florida Statutes, is

28  amended to read:

29         400.4174  Background screening; exemptions.--

30         (1)(a)  Level 2 background screening must be conducted

31  on each of the following persons, who shall be considered


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 1  employees for the purposes of conducting screening under

 2  chapter 435:

 3         1.  The facility owner if an individual, the

 4  administrator, and the financial officer.

 5         2.  An officer or board member if the facility owner is

 6  a firm, corporation, partnership, or association, or any

 7  person owning 5 percent or more of the facility if the agency

 8  has probable cause to believe that such person has been

 9  convicted of any offense prohibited by s. 435.04. For each

10  officer, board member, or person owning 5 percent or more who

11  has been convicted of any such offense, the facility shall

12  submit to the agency a description and explanation of the

13  conviction at the time of license application. This

14  subparagraph does not apply to a board member of a

15  not-for-profit corporation or organization if the board member

16  serves solely in a voluntary capacity, does not regularly take

17  part in the day-to-day operational decisions of the

18  corporation or organization, receives no remuneration for his

19  or her services, and has no financial interest and has no

20  family members with a financial interest in the corporation or

21  organization, provided that the board member and facility

22  submit a statement affirming that the board member's

23  relationship to the facility satisfies the requirements of

24  this subparagraph.

25         (b)  Proof of compliance with level 2 screening

26  standards which has been submitted within the previous 5 years

27  to meet any facility or professional licensure requirements of

28  the agency or the Department of Health satisfies the

29  requirements of this subsection, provided that such proof is

30  accompanied, under penalty of perjury, by an affidavit of

31  compliance with the provisions of chapter 435. Proof of


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 1  compliance with the background screening requirements of the

 2  Financial Services Commission and the Office of Insurance

 3  Regulation for applicants for a certificate of authority to

 4  operate a continuing care retirement community under chapter

 5  651, submitted within the last 5 years, satisfies the

 6  Department of Law Enforcement and Federal Bureau of

 7  Investigation portions of a level 2 background check.

 8         (c)  The agency may grant a provisional license to a

 9  facility applying for an initial license when each individual

10  required by this subsection to undergo screening has completed

11  the Department of Law Enforcement background checks, but has

12  not yet received results from the Federal Bureau of

13  Investigation, or when a request for an exemption from

14  disqualification has been submitted to the agency pursuant to

15  s. 435.07, but a response has not been issued.

16         (2)  The owner or administrator of an assisted living

17  facility must conduct level 1 background screening, as set

18  forth in chapter 435, on all employees hired on or after

19  October 1, 1998, who perform personal services as defined in

20  s. 400.402(17). The agency may exempt an individual from

21  employment disqualification as set forth in chapter 435. Such

22  persons shall be considered as having met this requirement if:

23         (1)(a)  Proof of compliance with level 1 screening

24  requirements obtained to meet any professional license

25  requirements in this state is provided and accompanied, under

26  penalty of perjury, by a copy of the person's current

27  professional license and an affidavit of current compliance

28  with the background screening requirements.

29         (2)(b)  The person required to be screened has been

30  continuously employed in the same type of occupation for which

31  the person is seeking employment without a breach in service


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 1  which exceeds 180 days, and proof of compliance with the level

 2  1 screening requirement which is no more than 2 years old is

 3  provided. Proof of compliance shall be provided directly from

 4  one employer or contractor to another, and not from the person

 5  screened. Upon request, a copy of screening results shall be

 6  provided by the employer retaining documentation of the

 7  screening to the person screened.

 8         (3)(c)  The person required to be screened is employed

 9  by a corporation or business entity or related corporation or

10  business entity that owns, operates, or manages more than one

11  facility or agency licensed under this chapter, and for whom a

12  level 1 screening was conducted by the corporation or business

13  entity as a condition of initial or continued employment.

14         Section 86.  Section 400.4176, Florida Statutes, is

15  amended to read:

16         400.4176  Notice of change of administrator.--If,

17  during the period for which a license is issued, the owner

18  changes administrators, the owner must notify the agency of

19  the change within 10 days and provide documentation within 90

20  days that the new administrator has completed the applicable

21  core educational requirements under s. 400.452.  Background

22  screening shall be completed on any new administrator as

23  specified in s. 400.4174.

24         Section 87.  Subsection (7) of section 400.4178,

25  Florida Statutes, is repealed.

26         Section 88.  Section 400.418, Florida Statutes, is

27  amended to read:

28         400.418  Disposition of fees and administrative

29  fines.--

30         (1)  Income from license fees, inspection fees, late

31  fees, and administrative fines collected under this part


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 1  generated pursuant to ss. 400.407, 400.408, 400.417, 400.419,

 2  and 400.431 shall be deposited in the Health Care Trust Fund

 3  administered by the agency.  Such funds shall be directed to

 4  and used by the agency for the following purposes:

 5         (1)(a)  Up to 50 percent of the trust funds accrued

 6  each fiscal year under this part may be used to offset the

 7  expenses of receivership, pursuant to s. 400.422, if the court

 8  determines that the income and assets of the facility are

 9  insufficient to provide for adequate management and operation.

10         (2)(b)  An amount of $5,000 of the trust funds accrued

11  each year under this part shall be allocated to pay for

12  inspection-related physical and mental health examinations

13  requested by the agency pursuant to s. 400.426 for residents

14  who are either recipients of supplemental security income or

15  have monthly incomes not in excess of the maximum combined

16  federal and state cash subsidies available to supplemental

17  security income recipients, as provided for in s. 409.212.

18  Such funds shall only be used where the resident is ineligible

19  for Medicaid.

20         (3)(c)  Any trust funds accrued each year under this

21  part and not used for the purposes specified in paragraphs (a)

22  and (b) shall be used to offset the costs of the licensure

23  program, including the costs of conducting background

24  investigations, verifying information submitted, defraying the

25  costs of processing the names of applicants, and conducting

26  inspections and monitoring visits pursuant to this part and

27  part II of chapter 408.

28         (2)  Income from fees generated pursuant to s.

29  400.441(5) shall be deposited in the Health Care Trust Fund

30  and used to offset the costs of printing and postage.

31  


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 1         Section 89.  Section 400.419, Florida Statutes, is

 2  amended to read:

 3         400.419  Violations; imposition of administrative

 4  fines; grounds.--

 5         (1)  The agency shall impose an administrative fine in

 6  the manner provided in chapter 120 for a violation of any

 7  provision of this part, part II of chapter 408, or applicable

 8  rule any of the actions or violations as set forth within this

 9  section by an assisted living facility, for the actions of any

10  person subject to level 2 background screening under s.

11  400.4174, for the actions of any facility employee, or for an

12  intentional or negligent act seriously affecting the health,

13  safety, or welfare of a resident of the facility.

14         (2)  Each violation of this part and adopted rules

15  shall be classified according to the nature of the violation

16  and the gravity of its probable effect on facility residents.

17  The agency shall indicate the classification on the written

18  notice of the violation as follows:

19         (a)  Class "I" violations are those conditions or

20  occurrences related to the operation and maintenance of a

21  facility or to the personal care of residents which the agency

22  determines present an imminent danger to the residents or

23  guests of the facility or a substantial probability that death

24  or serious physical or emotional harm would result therefrom.

25  The condition or practice constituting a class I violation

26  shall be abated or eliminated within 24 hours, unless a fixed

27  period, as determined by the agency, is required for

28  correction. The agency shall impose an administrative fine for

29  a cited class I violation in an amount not less than $5,000

30  and not exceeding $10,000 for each violation. A fine may be

31  levied notwithstanding the correction of the violation.


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 1         (b)  Class "II" violations are those conditions or

 2  occurrences related to the operation and maintenance of a

 3  facility or to the personal care of residents which the agency

 4  determines directly threaten the physical or emotional health,

 5  safety, or security of the facility residents, other than

 6  class I violations. The agency shall impose an administrative

 7  fine for a cited class II violation in an amount not less than

 8  $1,000 and not exceeding $5,000 for each violation. A fine

 9  shall be levied notwithstanding the correction of the

10  violation.

11         (c)  Class "III" violations are those conditions or

12  occurrences related to the operation and maintenance of a

13  facility or to the personal care of residents which the agency

14  determines indirectly or potentially threaten the physical or

15  emotional health, safety, or security of facility residents,

16  other than class I or class II violations. The agency shall

17  impose an administrative fine for a cited class III violation

18  in an amount not less than $500 and not exceeding $1,000 for

19  each violation. A citation for a class III violation must

20  specify the time within which the violation is required to be

21  corrected. If a class III violation is corrected within the

22  time specified, no fine may be imposed, unless it is a

23  repeated offense.

24         (d)  Class "IV" violations are those conditions or

25  occurrences related to the operation and maintenance of a

26  building or to required reports, forms, or documents that do

27  not have the potential of negatively affecting residents.

28  These violations are of a type that the agency determines do

29  not threaten the health, safety, or security of residents of

30  the facility. The agency shall impose an administrative fine

31  for a cited class IV violation in an amount not less than $100


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 1  and not exceeding $200 for each violation. A citation for a

 2  class IV violation must specify the time within which the

 3  violation is required to be corrected. If a class IV violation

 4  is corrected within the time specified, no fine shall be

 5  imposed. Any class IV violation that is corrected during the

 6  time an agency survey is being conducted will be identified as

 7  an agency finding and not as a violation.

 8         (3)  In determining if a penalty is to be imposed and

 9  in fixing the amount of the fine, the agency shall consider

10  the following factors:

11         (a)  The gravity of the violation, including the

12  probability that death or serious physical or emotional harm

13  to a resident will result or has resulted, the severity of the

14  action or potential harm, and the extent to which the

15  provisions of the applicable laws or rules were violated.

16         (b)  Actions taken by the owner or administrator to

17  correct violations.

18         (c)  Any previous violations.

19         (d)  The financial benefit to the facility of

20  committing or continuing the violation.

21         (e)  The licensed capacity of the facility.

22         (4)  Each day of continuing violation after the date

23  fixed for termination of the violation, as ordered by the

24  agency, constitutes an additional, separate, and distinct

25  violation.

26         (5)  Any action taken to correct a violation shall be

27  documented in writing by the owner or administrator of the

28  facility and verified through followup visits by agency

29  personnel. The agency may impose a fine and, in the case of an

30  owner-operated facility, revoke or deny a facility's license

31  


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 1  when a facility administrator fraudulently misrepresents

 2  action taken to correct a violation.

 3         (6)  For fines that are upheld following administrative

 4  or judicial review, the violator shall pay the fine, plus

 5  interest at the rate as specified in s. 55.03, for each day

 6  beyond the date set by the agency for payment of the fine.

 7         (7)  Any unlicensed facility that continues to operate

 8  after agency notification is subject to a $1,000 fine per day.

 9         (8)  Any licensed facility whose owner or administrator

10  concurrently operates an unlicensed facility shall be subject

11  to an administrative fine of $5,000 per day.

12         (9)  Any facility whose owner fails to apply for a

13  change-of-ownership license in accordance with s. 400.412 and

14  operates the facility under the new ownership is subject to a

15  fine of $5,000.

16         (6)(10)  In addition to any administrative fines

17  imposed, the agency may assess a survey fee, equal to the

18  lesser of one half of the facility's biennial license and bed

19  fee or $500, to cover the cost of conducting initial complaint

20  investigations that result in the finding of a violation that

21  was the subject of the complaint or monitoring visits

22  conducted under s. 400.428(3)(c) to verify the correction of

23  the violations.

24         (7)(11)  The agency, as an alternative to or in

25  conjunction with an administrative action against a facility

26  for violations of this part and adopted rules, shall make a

27  reasonable attempt to discuss each violation and recommended

28  corrective action with the owner or administrator of the

29  facility, prior to written notification. The agency, instead

30  of fixing a period within which the facility shall enter into

31  compliance with standards, may request a plan of corrective


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 1  action from the facility which demonstrates a good faith

 2  effort to remedy each violation by a specific date, subject to

 3  the approval of the agency.

 4         (12)  Administrative fines paid by any facility under

 5  this section shall be deposited into the Health Care Trust

 6  Fund and expended as provided in s. 400.418.

 7         (8)(13)  The agency shall develop and disseminate an

 8  annual list of all facilities sanctioned or fined $5,000 or

 9  more for violations of state standards, the number and class

10  of violations involved, the penalties imposed, and the current

11  status of cases. The list shall be disseminated, at no charge,

12  to the Department of Elderly Affairs, the Department of

13  Health, the Department of Children and Family Services, the

14  area agencies on aging, the Florida Statewide Advocacy

15  Council, and the state and local ombudsman councils. The

16  Department of Children and Family Services shall disseminate

17  the list to service providers under contract to the department

18  who are responsible for referring persons to a facility for

19  residency. The agency may charge a fee commensurate with the

20  cost of printing and postage to other interested parties

21  requesting a copy of this list.

22         Section 90.  Subsections (2) and (3) of section 400.42,

23  Florida Statutes, are amended to read:

24         400.42  Certain solicitation prohibited; third-party

25  supplementation.--

26         (2)  Solicitation of contributions of any kind in a

27  threatening, coercive, or unduly forceful manner by or on

28  behalf of an assisted living facility or facilities by any

29  agent, employee, owner, or representative of any assisted

30  living facility or facilities is grounds for denial,

31  suspension, or revocation of the license of the assisted


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 1  living facility or facilities by or on behalf of which such

 2  contributions were solicited.

 3         (3)  The admission or maintenance of assisted living

 4  facility residents whose care is supported, in whole or in

 5  part, by state funds may not be conditioned upon the receipt

 6  of any manner of contribution or donation from any person. The

 7  solicitation or receipt of contributions in violation of this

 8  subsection is grounds for denial, suspension, or revocation of

 9  license, as provided in s. 400.414, for any assisted living

10  facility by or on behalf of which such contributions were

11  solicited.

12         Section 91.  Section 400.421, Florida Statutes, is

13  repealed.

14         Section 92.  Subsection (10) of section 400.423,

15  Florida Statutes, is amended to read:

16         400.423  Internal risk management and quality assurance

17  program; adverse incidents and reporting requirements.--

18         (10)  The agency Department of Elderly Affairs may

19  adopt rules necessary to administer this section.

20         Section 93.  Subsection (8) of section 400.424, Florida

21  Statutes, is amended to read:

22         400.424  Contracts.--

23         (8)  The agency department may by rule clarify terms,

24  establish procedures, clarify refund policies and contract

25  provisions, and specify documentation as necessary to

26  administer this section.

27         Section 94.  Subsection (3) of section 400.4255,

28  Florida Statutes, is amended to read:

29         400.4255  Use of personnel; emergency care.--

30         (3)  Facility staff may withhold or withdraw

31  cardiopulmonary resuscitation if presented with an order not


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 1  to resuscitate executed pursuant to s. 401.45. The agency

 2  department shall adopt rules providing for the implementation

 3  of such orders. Facility staff and facilities shall not be

 4  subject to criminal prosecution or civil liability, nor be

 5  considered to have engaged in negligent or unprofessional

 6  conduct, for withholding or withdrawing cardiopulmonary

 7  resuscitation pursuant to such an order and applicable rules

 8  adopted by the department. The absence of an order to

 9  resuscitate executed pursuant to s. 401.45 does not preclude a

10  physician from withholding or withdrawing cardiopulmonary

11  resuscitation as otherwise permitted by law.

12         Section 95.  Subsection (6) of section 400.4256,

13  Florida Statutes, is amended to read:

14         400.4256  Assistance with self-administration of

15  medication.--

16         (6)  The agency department may by rule establish

17  facility procedures and interpret terms as necessary to

18  implement this section.

19         Section 96.  Subsection (8) of section 400.427, Florida

20  Statutes, is amended to read:

21         400.427  Property and personal affairs of residents.--

22         (8)  The agency department may by rule clarify terms

23  and specify procedures and documentation necessary to

24  administer the provisions of this section relating to the

25  proper management of residents' funds and personal property

26  and the execution of surety bonds.

27         Section 97.  Subsection (4) of section 400.4275,

28  Florida Statutes, is amended to read:

29         400.4275  Business practice; personnel records;

30  liability insurance.--The assisted living facility shall be

31  


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 1  administered on a sound financial basis that is consistent

 2  with good business practices.

 3         (4)  The agency department may by rule clarify terms,

 4  establish requirements for financial records, accounting

 5  procedures, personnel procedures, insurance coverage, and

 6  reporting procedures, and specify documentation as necessary

 7  to implement the requirements of this section.

 8         Section 98.  Subsections (1) and (5) of section

 9  400.431, Florida Statutes, are amended to read:

10         400.431  Closing of facility; notice; penalty.--

11         (1)  Whenever a facility voluntarily discontinues

12  operation, it shall inform the agency in writing at least 90

13  days prior to the discontinuance of operation.  The facility

14  shall also inform each resident or the next of kin, legal

15  representative, or agency acting on each resident's behalf, of

16  the fact and the proposed time of such discontinuance,

17  following the notification requirements provided in s.

18  400.428(1)(k).  In the event a resident has no person to

19  represent him or her, the facility shall be responsible for

20  referral to an appropriate social service agency for

21  placement.

22         (5)  The agency may levy a fine in an amount no greater

23  than $5,000 upon each person or business entity that owns any

24  interest in a facility that terminates operation without

25  providing notice to the agency and the residents of the

26  facility at least 30 days before operation ceases.  This fine

27  shall not be levied against any facility involuntarily closed

28  at the initiation of the agency.  The agency shall use the

29  proceeds of the fines to operate the facility until all

30  residents of the facility are relocated and shall deposit any

31  


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 1  balance of the proceeds into the Health Care Trust Fund

 2  established pursuant to s. 400.418.

 3         Section 99.  Section 400.434, Florida Statutes, is

 4  amended to read:

 5         400.434  Right of entry and inspection.--Any duly

 6  designated officer or employee of the department, the

 7  Department of Children and Family Services, the agency, the

 8  state or local fire marshal, or a member of the state or local

 9  long-term care ombudsman council, or the agency in accordance

10  with s. 408.811 shall have the right to enter unannounced upon

11  and into the premises of any facility licensed pursuant to

12  this part in order to determine the state of compliance with

13  the provisions of this part, part II of chapter 408, and

14  applicable of rules or standards in force pursuant thereto.

15  The right of entry and inspection shall also extend to any

16  premises which the agency has reason to believe is being

17  operated or maintained as a facility without a license; but no

18  such entry or inspection of any premises may be made without

19  the permission of the owner or person in charge thereof,

20  unless a warrant is first obtained from the circuit court

21  authorizing such entry.  The warrant requirement shall extend

22  only to a facility which the agency has reason to believe is

23  being operated or maintained as a facility without a license.

24  Any application for a license or renewal thereof made pursuant

25  to this part shall constitute permission for, and complete

26  acquiescence in, any entry or inspection of the premises for

27  which the license is sought, in order to facilitate

28  verification of the information submitted on or in connection

29  with the application; to discover, investigate, and determine

30  the existence of abuse or neglect; or to elicit, receive,

31  respond to, and resolve complaints. Any current valid license


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 1  shall constitute unconditional permission for, and complete

 2  acquiescence in, any entry or inspection of the premises by

 3  authorized personnel.  The agency shall retain the right of

 4  entry and inspection of facilities that have had a license

 5  revoked or suspended within the previous 24 months, to ensure

 6  that the facility is not operating unlawfully. However, before

 7  entering the facility, a statement of probable cause must be

 8  filed with the director of the agency, who must approve or

 9  disapprove the action within 48 hours.  Probable cause shall

10  include, but is not limited to, evidence that the facility

11  holds itself out to the public as a provider of personal care

12  services or the receipt of a complaint by the long-term care

13  ombudsman council about the facility. Data collected by the

14  state or local long-term care ombudsman councils or the state

15  or local advocacy councils may be used by the agency in

16  investigations involving violations of regulatory standards.

17         Section 100.  Subsection (1) of section 400.435,

18  Florida Statutes, is repealed.

19         Section 101.  Section 400.441, Florida Statutes, is

20  amended to read:

21         400.441  Rules establishing standards.--

22         (1)  It is the intent of the Legislature that rules

23  published and enforced pursuant to this section shall include

24  criteria by which a reasonable and consistent quality of

25  resident care and quality of life may be ensured and the

26  results of such resident care may be demonstrated.  Such rules

27  shall also ensure a safe and sanitary environment that is

28  residential and noninstitutional in design or nature.  It is

29  further intended that reasonable efforts be made to

30  accommodate the needs and preferences of residents to enhance

31  the quality of life in a facility. In order to provide safe


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 1  and sanitary facilities and the highest quality of resident

 2  care accommodating the needs and preferences of residents, the

 3  agency department, in consultation with the department agency,

 4  the Department of Children and Family Services, and the

 5  Department of Health, shall adopt rules, policies, and

 6  procedures to administer this part and part II of chapter 408,

 7  which must include reasonable and fair minimum standards in

 8  relation to:

 9         (a)  The requirements for and maintenance of

10  facilities, not in conflict with the provisions of chapter

11  553, relating to plumbing, heating, cooling, lighting,

12  ventilation, living space, and other housing conditions, which

13  will ensure the health, safety, and comfort of residents and

14  protection from fire hazard, including adequate provisions for

15  fire alarm and other fire protection suitable to the size of

16  the structure. Uniform firesafety standards shall be

17  established and enforced by the State Fire Marshal in

18  cooperation with the agency, the department, and the

19  Department of Health.

20         1.  Evacuation capability determination.--

21         a.  The provisions of the National Fire Protection

22  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used

23  for determining the ability of the residents, with or without

24  staff assistance, to relocate from or within a licensed

25  facility to a point of safety as provided in the fire codes

26  adopted herein.  An evacuation capability evaluation for

27  initial licensure shall be conducted within 6 months after the

28  date of licensure.  For existing licensed facilities that are

29  not equipped with an automatic fire sprinkler system, the

30  administrator shall evaluate the evacuation capability of

31  residents at least annually. The evacuation capability


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 1  evaluation for each facility not equipped with an automatic

 2  fire sprinkler system shall be validated, without liability,

 3  by the State Fire Marshal, by the local fire marshal, or by

 4  the local authority having jurisdiction over firesafety,

 5  before the license renewal date.  If the State Fire Marshal,

 6  local fire marshal, or local authority having jurisdiction

 7  over firesafety has reason to believe that the evacuation

 8  capability of a facility as reported by the administrator may

 9  have changed, it may, with assistance from the facility

10  administrator, reevaluate the evacuation capability through

11  timed exiting drills. Translation of timed fire exiting drills

12  to evacuation capability may be determined:

13         (I)  Three minutes or less: prompt.

14         (II)  More than 3 minutes, but not more than 13

15  minutes: slow.

16         (III)  More than 13 minutes: impractical.

17         b.  The Office of the State Fire Marshal shall provide

18  or cause the provision of training and education on the proper

19  application of Chapter 5, NFPA 101A, 1995 edition, to its

20  employees, to staff of the Agency for Health Care

21  Administration who are responsible for regulating facilities

22  under this part, and to local governmental inspectors. The

23  Office of the State Fire Marshal shall provide or cause the

24  provision of this training within its existing budget, but may

25  charge a fee for this training to offset its costs. The

26  initial training must be delivered within 6 months after July

27  1, 1995, and as needed thereafter.

28         c.  The Office of the State Fire Marshal, in

29  cooperation with provider associations, shall provide or cause

30  the provision of a training program designed to inform

31  facility operators on how to properly review bid documents


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 1  relating to the installation of automatic fire sprinklers.

 2  The Office of the State Fire Marshal shall provide or cause

 3  the provision of this training within its existing budget, but

 4  may charge a fee for this training to offset its costs.  The

 5  initial training must be delivered within 6 months after July

 6  1, 1995, and as needed thereafter.

 7         d.  The administrator of a licensed facility shall sign

 8  an affidavit verifying the number of residents occupying the

 9  facility at the time of the evacuation capability evaluation.

10         2.  Firesafety requirements.--

11         a.  Except for the special applications provided

12  herein, effective January 1, 1996, the provisions of the

13  National Fire Protection Association, Life Safety Code, NFPA

14  101, 1994 edition, Chapter 22 for new facilities and Chapter

15  23 for existing facilities shall be the uniform fire code

16  applied by the State Fire Marshal for assisted living

17  facilities, pursuant to s. 633.022.

18         b.  Any new facility, regardless of size, that applies

19  for a license on or after January 1, 1996, must be equipped

20  with an automatic fire sprinkler system.  The exceptions as

21  provided in section 22-2.3.5.1, NFPA 101, 1994 edition, as

22  adopted herein, apply to any new facility housing eight or

23  fewer residents.  On July 1, 1995, local governmental entities

24  responsible for the issuance of permits for construction shall

25  inform, without liability, any facility whose permit for

26  construction is obtained prior to January 1, 1996, of this

27  automatic fire sprinkler requirement.  As used in this part,

28  the term "a new facility" does not mean an existing facility

29  that has undergone change of ownership.

30         c.  Notwithstanding any provision of s. 633.022 or of

31  the National Fire Protection Association, NFPA 101A, Chapter


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 1  5, 1995 edition, to the contrary, any existing facility

 2  housing eight or fewer residents is not required to install an

 3  automatic fire sprinkler system, nor to comply with any other

 4  requirement in Chapter 23, NFPA 101, 1994 edition, that

 5  exceeds the firesafety requirements of NFPA 101, 1988 edition,

 6  that applies to this size facility, unless the facility has

 7  been classified as impractical to evacuate. Any existing

 8  facility housing eight or fewer residents that is classified

 9  as impractical to evacuate must install an automatic fire

10  sprinkler system within the timeframes granted in this

11  section.

12         d.  Any existing facility that is required to install

13  an automatic fire sprinkler system under this paragraph need

14  not meet other firesafety requirements of Chapter 23, NFPA

15  101, 1994 edition, which exceed the provisions of NFPA 101,

16  1988 edition.  The mandate contained in this paragraph which

17  requires certain facilities to install an automatic fire

18  sprinkler system supersedes any other requirement.

19         e.  This paragraph does not supersede the exceptions

20  granted in NFPA 101, 1988 edition or 1994 edition.

21         f.  This paragraph does not exempt facilities from

22  other firesafety provisions adopted under s. 633.022 and local

23  building code requirements in effect before July 1, 1995.

24         g.  A local government may charge fees only in an

25  amount not to exceed the actual expenses incurred by local

26  government relating to the installation and maintenance of an

27  automatic fire sprinkler system in an existing and properly

28  licensed assisted living facility structure as of January 1,

29  1996.

30         h.  If a licensed facility undergoes major

31  reconstruction or addition to an existing building on or after


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 1  January 1, 1996, the entire building must be equipped with an

 2  automatic fire sprinkler system.  Major reconstruction of a

 3  building means repair or restoration that costs in excess of

 4  50 percent of the value of the building as reported on the tax

 5  rolls, excluding land, before reconstruction.  Multiple

 6  reconstruction projects within a 5-year period the total costs

 7  of which exceed 50 percent of the initial value of the

 8  building at the time the first reconstruction project was

 9  permitted are to be considered as major reconstruction.

10  Application for a permit for an automatic fire sprinkler

11  system is required upon application for a permit for a

12  reconstruction project that creates costs that go over the

13  50-percent threshold.

14         i.  Any facility licensed before January 1, 1996, that

15  is required to install an automatic fire sprinkler system

16  shall ensure that the installation is completed within the

17  following timeframes based upon evacuation capability of the

18  facility as determined under subparagraph 1.:

19         (I)  Impractical evacuation capability, 24 months.

20         (II)  Slow evacuation capability, 48 months.

21         (III)  Prompt evacuation capability, 60 months.

22  

23  The beginning date from which the deadline for the automatic

24  fire sprinkler installation requirement must be calculated is

25  upon receipt of written notice from the local fire official

26  that an automatic fire sprinkler system must be installed. The

27  local fire official shall send a copy of the document

28  indicating the requirement of a fire sprinkler system to the

29  Agency for Health Care Administration.

30         j.  It is recognized that the installation of an

31  automatic fire sprinkler system may create financial hardship


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 1  for some facilities.  The appropriate local fire official

 2  shall, without liability, grant two 1-year extensions to the

 3  timeframes for installation established herein, if an

 4  automatic fire sprinkler installation cost estimate and proof

 5  of denial from two financial institutions for a construction

 6  loan to install the automatic fire sprinkler system are

 7  submitted.  However, for any facility with a class I or class

 8  II, or a history of uncorrected class III, firesafety

 9  deficiencies, an extension must not be granted.  The local

10  fire official shall send a copy of the document granting the

11  time extension to the Agency for Health Care Administration.

12         k.  A facility owner whose facility is required to be

13  equipped with an automatic fire sprinkler system under Chapter

14  23, NFPA 101, 1994 edition, as adopted herein, must disclose

15  to any potential buyer of the facility that an installation of

16  an automatic fire sprinkler requirement exists.  The sale of

17  the facility does not alter the timeframe for the installation

18  of the automatic fire sprinkler system.

19         l.  Existing facilities required to install an

20  automatic fire sprinkler system as a result of

21  construction-type restrictions in Chapter 23, NFPA 101, 1994

22  edition, as adopted herein, or evacuation capability

23  requirements shall be notified by the local fire official in

24  writing of the automatic fire sprinkler requirement, as well

25  as the appropriate date for final compliance as provided in

26  this subparagraph.  The local fire official shall send a copy

27  of the document to the Agency for Health Care Administration.

28         m.  Except in cases of life-threatening fire hazards,

29  if an existing facility experiences a change in the evacuation

30  capability, or if the local authority having jurisdiction

31  identifies a construction-type restriction, such that an


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 1  automatic fire sprinkler system is required, it shall be

 2  afforded time for installation as provided in this

 3  subparagraph.

 4  

 5  Facilities that are fully sprinkled and in compliance with

 6  other firesafety standards are not required to conduct more

 7  than one of the required fire drills between the hours of 11

 8  p.m. and 7 a.m., per year.  In lieu of the remaining drills,

 9  staff responsible for residents during such hours may be

10  required to participate in a mock drill that includes a review

11  of evacuation procedures. Such standards must be included or

12  referenced in the rules adopted by the State Fire Marshal.

13  Pursuant to s. 633.022(1)(b), the State Fire Marshal is the

14  final administrative authority for firesafety standards

15  established and enforced pursuant to this section. All

16  licensed facilities must have an annual fire inspection

17  conducted by the local fire marshal or authority having

18  jurisdiction.

19         3.  Resident elopement requirements.--Each facility

20  shall conduct a minimum of two resident elopement prevention

21  and response drills per year. All administrators and direct

22  care staff shall participate in the drills, which must include

23  a review of procedures to address resident elopement. Each

24  facility shall document the implementation of the drills and

25  ensure that the drills are conducted in a manner consistent

26  with the facility's resident elopement policies and

27  procedures.

28         (b)  The preparation and annual update of a

29  comprehensive emergency management plan.  Such standards must

30  be included in the rules adopted by the agency department

31  after consultation with the Department of Community Affairs.


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 1  At a minimum, the rules must provide for plan components that

 2  address emergency evacuation transportation; adequate

 3  sheltering arrangements; postdisaster activities, including

 4  provision of emergency power, food, and water; postdisaster

 5  transportation; supplies; staffing; emergency equipment;

 6  individual identification of residents and transfer of

 7  records; communication with families; and responses to family

 8  inquiries.  The comprehensive emergency management plan is

 9  subject to review and approval by the local emergency

10  management agency. During its review, the local emergency

11  management agency shall ensure that the following agencies, at

12  a minimum, are given the opportunity to review the plan:  the

13  Department of Elderly Affairs, the Department of Health, the

14  Agency for Health Care Administration, and the Department of

15  Community Affairs.  Also, appropriate volunteer organizations

16  must be given the opportunity to review the plan.  The local

17  emergency management agency shall complete its review within

18  60 days and either approve the plan or advise the facility of

19  necessary revisions.

20         (c)  The number, training, and qualifications of all

21  personnel having responsibility for the care of residents.

22  The rules must require adequate staff to provide for the

23  safety of all residents.  Facilities licensed for 17 or more

24  residents are required to maintain an alert staff for 24 hours

25  per day.

26         (d)  All sanitary conditions within the facility and

27  its surroundings which will ensure the health and comfort of

28  residents.  The rules must clearly delineate the

29  responsibilities of the agency's licensure and survey staff,

30  the county health departments, and the local authority having

31  jurisdiction over fire safety and ensure that inspections are


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 1  not duplicative.  The agency may collect fees for food service

 2  inspections conducted by the county health departments and

 3  transfer such fees to the Department of Health.

 4         (e)  License application and license renewal, transfer

 5  of ownership, Proper management of resident funds and personal

 6  property, surety bonds, resident contracts, refund policies,

 7  financial ability to operate, and facility and staff records.

 8         (f)  Inspections, complaint investigations,

 9  moratoriums, classification of deficiencies, levying and

10  enforcement of penalties, and use of income from fees and

11  fines.

12         (g)  The enforcement of the resident bill of rights

13  specified in s. 400.428.

14         (h)  The care and maintenance of residents, which must

15  include, but is not limited to:

16         1.  The supervision of residents;

17         2.  The provision of personal services;

18         3.  The provision of, or arrangement for, social and

19  leisure activities;

20         4.  The arrangement for appointments and transportation

21  to appropriate medical, dental, nursing, or mental health

22  services, as needed by residents;

23         5.  The management of medication;

24         6.  The nutritional needs of residents;

25         7.  Resident records; and

26         8.  Internal risk management and quality assurance.

27         (i)  Facilities holding a limited nursing, extended

28  congregate care, or limited mental health license.

29         (j)  The establishment of specific criteria to define

30  appropriateness of resident admission and continued residency

31  


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 1  in a facility holding a standard, limited nursing, extended

 2  congregate care, and limited mental health license.

 3         (k)  The use of physical or chemical restraints.  The

 4  use of physical restraints is limited to half-bed rails as

 5  prescribed and documented by the resident's physician with the

 6  consent of the resident or, if applicable, the resident's

 7  representative or designee or the resident's surrogate,

 8  guardian, or attorney in fact.  The use of chemical restraints

 9  is limited to prescribed dosages of medications authorized by

10  the resident's physician and must be consistent with the

11  resident's diagnosis. Residents who are receiving medications

12  that can serve as chemical restraints must be evaluated by

13  their physician at least annually to assess:

14         1.  The continued need for the medication.

15         2.  The level of the medication in the resident's

16  blood.

17         3.  The need for adjustments in the prescription.

18         (2)  In adopting any rules pursuant to this part, the

19  agency department, in conjunction with the department agency,

20  shall make distinct standards for facilities based upon

21  facility size; the types of care provided; the physical and

22  mental capabilities and needs of residents; the type,

23  frequency, and amount of services and care offered; and the

24  staffing characteristics of the facility. Rules developed

25  pursuant to this section shall not restrict the use of shared

26  staffing and shared programming in facilities that are part of

27  retirement communities that provide multiple levels of care

28  and otherwise meet the requirements of law and rule.  Except

29  for uniform firesafety standards, the agency department shall

30  adopt by rule separate and distinct standards for facilities

31  with 16 or fewer beds and for facilities with 17 or more beds.


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 1  The standards for facilities with 16 or fewer beds shall be

 2  appropriate for a noninstitutional residential environment,

 3  provided that the structure is no more than two stories in

 4  height and all persons who cannot exit the facility unassisted

 5  in an emergency reside on the first floor.  The agency

 6  department, in conjunction with the department agency, may

 7  make other distinctions among types of facilities as necessary

 8  to enforce the provisions of this part. Where appropriate, the

 9  agency shall offer alternate solutions for complying with

10  established standards, based on distinctions made by the

11  department and the agency relative to the physical

12  characteristics of facilities and the types of care offered

13  therein.

14         (3)  The department shall submit a copy of proposed

15  rules to the Speaker of the House of Representatives, the

16  President of the Senate, and appropriate committees of

17  substance for review and comment prior to the promulgation

18  thereof.

19         (a)  Rules adopted promulgated by the agency department

20  shall encourage the development of homelike facilities which

21  promote the dignity, individuality, personal strengths, and

22  decisionmaking ability of residents.

23         (b)  The agency, in consultation with the department,

24  may waive rules promulgated pursuant to this part in order to

25  demonstrate and evaluate innovative or cost-effective

26  congregate care alternatives which enable individuals to age

27  in place.  Such waivers may be granted only in instances where

28  there is reasonable assurance that the health, safety, or

29  welfare of residents will not be endangered.  To apply for a

30  waiver, the licensee shall submit to the agency a written

31  description of the concept to be demonstrated, including


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 1  goals, objectives, and anticipated benefits; the number and

 2  types of residents who will be affected, if applicable; a

 3  brief description of how the demonstration will be evaluated;

 4  and any other information deemed appropriate by the agency.

 5  Any facility granted a waiver shall submit a report of

 6  findings to the agency and the department within 12 months.

 7  At such time, the agency may renew or revoke the waiver or

 8  pursue any regulatory or statutory changes necessary to allow

 9  other facilities to adopt the same practices. The agency

10  department may by rule clarify terms and establish waiver

11  application procedures, criteria for reviewing waiver

12  proposals, and procedures for reporting findings, as necessary

13  to implement this subsection.

14         (4)  The agency may use an abbreviated biennial

15  standard licensure inspection that consists of a review of key

16  quality-of-care standards in lieu of a full inspection in

17  facilities which have a good record of past performance.

18  However, a full inspection shall be conducted in facilities

19  which have had a history of class I or class II violations,

20  uncorrected class III violations, confirmed ombudsman council

21  complaints, or confirmed licensure complaints, within the

22  previous licensure period immediately preceding the inspection

23  or when a potentially serious problem is identified during the

24  abbreviated inspection.  The agency, in consultation with the

25  department, shall develop the key quality-of-care standards

26  with input from the State Long-Term Care Ombudsman Council and

27  representatives of provider groups for incorporation into its

28  rules. The agency department, in consultation with the

29  department agency, shall report annually to the Legislature

30  concerning its implementation of this subsection. The report

31  shall include, at a minimum, the key quality-of-care standards


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 1  which have been developed; the number of facilities identified

 2  as being eligible for the abbreviated inspection; the number

 3  of facilities which have received the abbreviated inspection

 4  and, of those, the number that were converted to full

 5  inspection; the number and type of subsequent complaints

 6  received by the agency or department on facilities which have

 7  had abbreviated inspections; any recommendations for

 8  modification to this subsection; any plans by the agency to

 9  modify its implementation of this subsection; and any other

10  information which the agency department believes should be

11  reported.

12         (5)  A fee shall be charged by the department to any

13  person requesting a copy of this part or rules promulgated

14  under this part.  Such fees shall not exceed the actual cost

15  of duplication and postage.

16         Section 102.  Subsection (4) of section 400.442,

17  Florida Statutes, is amended to read:

18         400.442  Pharmacy and dietary services.--

19         (4)  The agency department may by rule establish

20  procedures and specify documentation as necessary to implement

21  this section.

22         Section 103.  Subsection (3) of section 400.444,

23  Florida Statutes, is amended to read:

24         400.444  Construction and renovation; requirements.--

25         (3)  The agency department may adopt rules to establish

26  procedures and specify the documentation necessary to

27  implement this section.

28         Section 104.  Subsections (1), (2), and (3) of section

29  400.447 and section 400.451, Florida Statutes, are repealed.

30  

31  


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 1         Section 105.  Subsections (1), (3), and (6) of section

 2  400.452, Florida Statutes, as amended by section 3 of chapter

 3  2003-405, Laws of Florida, are amended to read:

 4         400.452  Staff training and educational programs; core

 5  educational requirement.--

 6         (1)  Administrators and other assisted living facility

 7  staff must meet minimum training and education requirements

 8  established by the Department of Elderly Affairs or the agency

 9  by rule. This training and education is intended to assist

10  facilities to appropriately respond to the needs of residents,

11  to maintain resident care and facility standards, and to meet

12  licensure requirements.

13         (3)  Effective January 1, 2004, a new facility

14  administrator must complete the required training and

15  education, including the competency test, within a reasonable

16  time after being employed as an administrator, as determined

17  by the department.  Failure to do so is a violation of this

18  part and subjects the violator to an administrative fine as

19  prescribed in s. 400.419. Administrators licensed in

20  accordance with chapter 468, part II, are exempt from this

21  requirement. Other licensed professionals may be exempted, as

22  determined by the department by rule.

23         (6)  Other facility staff shall participate in training

24  relevant to their job duties as specified by rule of the

25  department.

26         Section 106.  Section 400.454, Florida Statutes, is

27  amended to read:

28         400.454  Collection of information; local subsidy.--

29         (1)  To enable the agency department to collect the

30  information requested by the Legislature regarding the actual

31  cost of providing room, board, and personal care in


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 1  facilities, the agency may department is authorized to conduct

 2  field visits and audits of facilities as may be necessary.

 3  The owners of randomly sampled facilities shall submit such

 4  reports, audits, and accountings of cost as required the

 5  department may require by rule; provided that such reports,

 6  audits, and accountings shall be the minimum necessary to

 7  implement the provisions of this section. Any facility

 8  selected to participate in the study shall cooperate with the

 9  agency department by providing cost of operation information

10  to interviewers.

11         (2)  Local governments or organizations may contribute

12  to the cost of care of local facility residents by further

13  subsidizing the rate of state-authorized payment to such

14  facilities.  Implementation of local subsidy shall require

15  agency departmental approval and shall not result in

16  reductions in the state supplement.

17         Section 107.  Subsections (1) and (4) of section

18  400.464, Florida Statutes, are amended to read:

19         400.464  Home health agencies to be licensed;

20  expiration of license; exemptions; unlawful acts; penalties.--

21         (1)  The requirements of part II of chapter 408 apply

22  to the provision of services that necessitate licensure

23  pursuant to this part and part II of chapter 408 and to

24  entities licensed or registered by or applying for such

25  licensure or registration from the Agency for Health Care

26  Administration pursuant to this part. However, an applicant

27  for licensure is exempt from the provisions of s. 408.810(10).

28  Any home health agency must be licensed by the agency to

29  operate in this state.  A license issued to a home health

30  agency, unless sooner suspended or revoked, expires 1 year

31  after its date of issuance.


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 1         (4)(a)  An organization may not provide, offer, or

 2  advertise home health services to the public unless the

 3  organization has a valid license or is specifically exempted

 4  under this part. An organization that offers or advertises to

 5  the public any service for which licensure or registration is

 6  required under this part must include in the advertisement the

 7  license number or regulation number issued to the organization

 8  by the agency.  The agency shall assess a fine of not less

 9  than $100 to any licensee or registrant who fails to include

10  the license or registration number when submitting the

11  advertisement for publication, broadcast, or printing.  The

12  holder of a license issued under this part may not advertise

13  or indicate to the public that it holds a home health agency

14  or nurse registry license other than the one it has been

15  issued.

16         (b)  A person who violates paragraph (a) is subject to

17  an injunctive proceeding under s. 408.816 s. 400.515.  A

18  violation of paragraph (a) or s. 408.812 is a deceptive and

19  unfair trade practice and constitutes a violation of the

20  Florida Deceptive and Unfair Trade Practices Act.

21         (c)  A person who violates the provisions of paragraph

22  (a) commits a misdemeanor of the second degree, punishable as

23  provided in s. 775.082 or s. 775.083.  Any person who commits

24  a second or subsequent violation commits a misdemeanor of the

25  first degree, punishable as provided in s. 775.082 or s.

26  775.083.  Each day of continuing violation constitutes a

27  separate offense.

28         Section 108.  Section 400.471, Florida Statutes, is

29  amended to read:

30         400.471  Application for license; fee; provisional

31  license; temporary permit.--


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 1         (1)  Each applicant for licensure must comply with all

 2  provisions of part II of chapter 408. Application for an

 3  initial license or for renewal of an existing license must be

 4  made under oath to the agency on forms furnished by it and

 5  must be accompanied by the appropriate license fee as provided

 6  in subsection (8).  The agency must take final action on an

 7  initial licensure application within 60 days after receipt of

 8  all required documentation.

 9         (2)  In addition to the requirements of part II of

10  chapter 408, the applicant must file with the application

11  satisfactory proof that the home health agency is in

12  compliance with this part and applicable rules, including:

13         (a)  A listing of services to be provided, either

14  directly by the applicant or through contractual arrangements

15  with existing providers; and

16         (b)  The number and discipline of professional staff to

17  be employed.; an annually thereafter

18         (c)  Proof of financial ability to operate.

19         (3)  An applicant for initial licensure must

20  demonstrate financial ability to operate by submitting a

21  balance sheet and income and expense statement for the first 2

22  years of operation which provide evidence of having sufficient

23  assets, credit, and projected revenues to cover liabilities

24  and expenses. The applicant shall have demonstrated financial

25  ability to operate if the applicant's assets, credit, and

26  projected revenues meet or exceed projected liabilities and

27  expenses.  All documents required under this subsection must

28  be prepared in accordance with generally accepted accounting

29  principles, and the financial statement must be signed by a

30  certified public accountant.

31  


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 1         (4)  Each applicant for licensure must comply with the

 2  following requirements:

 3         (a)  Upon receipt of a completed, signed, and dated

 4  application, the agency shall require background screening of

 5  the applicant, in accordance with the level 2 standards for

 6  screening set forth in chapter 435. As used in this

 7  subsection, the term "applicant" means the administrator, or a

 8  similarly titled person who is responsible for the day-to-day

 9  operation of the licensed home health agency, and the

10  financial officer, or similarly titled individual who is

11  responsible for the financial operation of the licensed home

12  health agency.

13         (b)  The agency may require background screening for a

14  member of the board of directors of the licensee or an officer

15  or an individual owning 5 percent or more of the licensee if

16  the agency reasonably suspects that such individual has been

17  convicted of an offense prohibited under the level 2 standards

18  for screening set forth in chapter 435.

19         (c)  Proof of compliance with the level 2 background

20  screening requirements of chapter 435 which has been submitted

21  within the previous 5 years in compliance with any other

22  health care or assisted living licensure requirements of this

23  state is acceptable in fulfillment of paragraph (a). Proof of

24  compliance with background screening which has been submitted

25  within the previous 5 years to fulfill the requirements of the

26  Financial Services Commission and the Office of Insurance

27  Regulation pursuant to chapter 651 as part of an application

28  for a certificate of authority to operate a continuing care

29  retirement community is acceptable in fulfillment of the

30  Department of Law Enforcement and Federal Bureau of

31  Investigation background check.


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 1         (d)  A provisional license may be granted to an

 2  applicant when each individual required by this section to

 3  undergo background screening has met the standards for the

 4  Department of Law Enforcement background check, but the agency

 5  has not yet received background screening results from the

 6  Federal Bureau of Investigation. A standard license may be

 7  granted to the licensee upon the agency's receipt of a report

 8  of the results of the Federal Bureau of Investigation

 9  background screening for each individual required by this

10  section to undergo background screening which confirms that

11  all standards have been met, or upon the granting of a

12  disqualification exemption by the agency as set forth in

13  chapter 435. Any other person who is required to undergo level

14  2 background screening may serve in his or her capacity

15  pending the agency's receipt of the report from the Federal

16  Bureau of Investigation. However, the person may not continue

17  to serve if the report indicates any violation of background

18  screening standards and a disqualification exemption has not

19  been requested of and granted by the agency as set forth in

20  chapter 435.

21         (e)  Each applicant must submit to the agency, with its

22  application, a description and explanation of any exclusions,

23  permanent suspensions, or terminations of the licensee or

24  potential licensee from the Medicare or Medicaid programs.

25  Proof of compliance with the requirements for disclosure of

26  ownership and control interest under the Medicaid or Medicare

27  programs may be accepted in lieu of this submission.

28         (f)  Each applicant must submit to the agency a

29  description and explanation of any conviction of an offense

30  prohibited under the level 2 standards of chapter 435 by a

31  member of the board of directors of the applicant, its


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 1  officers, or any individual owning 5 percent or more of the

 2  applicant. This requirement does not apply to a director of a

 3  not-for-profit corporation or organization if the director

 4  serves solely in a voluntary capacity for the corporation or

 5  organization, does not regularly take part in the day-to-day

 6  operational decisions of the corporation or organization,

 7  receives no remuneration for his or her services on the

 8  corporation or organization's board of directors, and has no

 9  financial interest and has no family members with a financial

10  interest in the corporation or organization, provided that the

11  director and the not-for-profit corporation or organization

12  include in the application a statement affirming that the

13  director's relationship to the corporation satisfies the

14  requirements of this paragraph.

15         (g)  A license may not be granted to an applicant if

16  the applicant, administrator, or financial officer has been

17  found guilty of, regardless of adjudication, or has entered a

18  plea of nolo contendere or guilty to, any offense prohibited

19  under the level 2 standards for screening set forth in chapter

20  435, unless an exemption from disqualification has been

21  granted by the agency as set forth in chapter 435.

22         (h)  The agency may deny or revoke licensure if the

23  applicant:

24         1.  Has falsely represented a material fact in the

25  application required by paragraph (e) or paragraph (f), or has

26  omitted any material fact from the application required by

27  paragraph (e) or paragraph (f); or

28         2.  Has been or is currently excluded, suspended,

29  terminated from, or has involuntarily withdrawn from

30  participation in this state's Medicaid program, or the

31  Medicaid program of any other state, or from participation in


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 1  the Medicare program or any other governmental or private

 2  health care or health insurance program.

 3         (i)  An application for license renewal must contain

 4  the information required under paragraphs (e) and (f).

 5         (3)(5)  In addition to the requirements of s. 408.810,

 6  the home health agency must also obtain and maintain the

 7  following insurance coverages in an amount of not less than

 8  $250,000 per claim, and the home health agency must submit

 9  proof of coverage with an initial application for licensure

10  and with each annual application for license renewal:

11         (a)  Malpractice insurance as defined in s.

12  624.605(1)(k); and

13         (b)  Liability insurance as defined in s.

14  624.605(1)(b).

15         (6)  Ninety days before the expiration date, an

16  application for renewal must be submitted to the agency under

17  oath on forms furnished by it, and a license must be renewed

18  if the applicant has met the requirements established under

19  this part and applicable rules. The home health agency must

20  file with the application satisfactory proof that it is in

21  compliance with this part and applicable rules.  If there is

22  evidence of financial instability, the home health agency must

23  submit satisfactory proof of its financial ability to comply

24  with the requirements of this part.

25         (7)  When transferring the ownership of a home health

26  agency, the transferee must submit an application for a

27  license at least 60 days before the effective date of the

28  transfer.  If the home health agency is being leased, a copy

29  of the lease agreement must be filed with the application.

30         (4)(8)  In accordance with s. 408.805, an applicant or

31  licensee shall pay a fee for each license application


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 1  submitted under this part and part II of chapter 408. The fee

 2  shall be established by rule and shall be set at The license

 3  fee and annual renewal fee required of a home health agency

 4  are nonrefundable.  The agency shall set the fees in an amount

 5  that is sufficient to cover the agency's its costs in carrying

 6  out its responsibilities under this part, but may not to

 7  exceed $2,000 per biennium $1,000. However, state, county, or

 8  municipal governments applying for licenses under this part

 9  are exempt from the payment of license fees.  All fees

10  collected under this part must be deposited in the Health Care

11  Trust Fund for the administration of this part.

12         (9)  The license must be displayed in a conspicuous

13  place in the administrative office of the home health agency

14  and is valid only while in the possession of the person to

15  which it is issued.  The license may not be sold, assigned, or

16  otherwise transferred, voluntarily or involuntarily, and is

17  valid only for the home health agency and location for which

18  originally issued.

19         (10)  A home health agency against whom a revocation or

20  suspension proceeding is pending at the time of license

21  renewal may be issued a provisional license effective until

22  final disposition by the agency of such proceedings. If

23  judicial relief is sought from the final disposition, the

24  court that has jurisdiction may issue a temporary permit for

25  the duration of the judicial proceeding.

26         (5)(11)  The agency may not issue a license designated

27  as certified to a home health agency that fails to satisfy the

28  requirements of a Medicare certification survey from the

29  agency.

30  

31  


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 1         (12)  The agency may not issue a license to a home

 2  health agency that has any unpaid fines assessed under this

 3  part.

 4         Section 109.  Section 400.474, Florida Statutes, is

 5  amended to read:

 6         400.474  Denial or, suspension, revocation of license;

 7  injunction; grounds; penalties.--

 8         (1)  The agency may deny or, revoke, or suspend a

 9  license, or impose an administrative fine in the manner

10  provided in chapter 120, or initiate injunctive proceedings

11  under s. 408.816 for the violation of any provision of this

12  part, part II of chapter 408, or applicable rules s. 400.515.

13         (2)  Any of the following actions by a home health

14  agency or its employee is grounds for disciplinary action by

15  the agency:

16         (a)  Violation of this part, part II of chapter 408, or

17  of applicable rules.

18         (b)  An intentional, reckless, or negligent act that

19  materially affects the health or safety of a patient.

20         (c)  Knowingly providing home health services in an

21  unlicensed assisted living facility or unlicensed adult

22  family-care home, unless the home health agency or employee

23  reports the unlicensed facility or home to the agency within

24  72 hours after providing the services.

25         (3)  The agency may impose the following penalties for

26  operating without a license upon an applicant or owner who has

27  in the past operated, or who currently operates, a licensed

28  home health agency.

29         (a)  If a home health agency that is found to be

30  operating without a license wishes to apply for a license, the

31  home health agency may submit an application only after the


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 1  agency has verified that the home health agency no longer

 2  operates an unlicensed home health agency.

 3         (b)  Any person, partnership, or corporation that

 4  violates paragraph (a) and that previously operated a licensed

 5  home health agency or concurrently operates both a licensed

 6  home health agency and an unlicensed home health agency

 7  commits a felony of the third degree punishable as provided in

 8  s. 775.082, s. 775.083, or s. 775.084.  If an owner has an

 9  interest in more than one home health agency and fails to

10  license any one of those home health agencies, the agency must

11  issue a cease and desist order for the activities of the

12  unlicensed home health agency and impose a moratorium on any

13  or all of the licensed related home health agencies until the

14  unlicensed home health agency is licensed.

15         (3)(c)  If any home health agency is found to be

16  operating without a license meets the criteria in paragraph

17  (a) or paragraph (b) and that home health agency has received

18  any government reimbursement for services provided by an

19  unlicensed home health agency, the agency shall make a fraud

20  referral to the appropriate government reimbursement program.

21         (4)  The agency may deny, revoke, or suspend the

22  license of a home health agency, or may impose on a home

23  health agency administrative fines not to exceed the aggregate

24  sum of $5,000 if:

25         (a)  The agency is unable to obtain entry to the home

26  health agency to conduct a licensure survey, complaint

27  investigation, surveillance visit, or monitoring visit.

28         (b)  An applicant or a licensed home health agency has

29  falsely represented a material fact in the application, or has

30  omitted from the application any material fact, including, but

31  not limited to, the fact that the controlling or ownership


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 1  interest is held by any officer, director, agent, manager,

 2  employee, affiliated person, partner, or shareholder who is

 3  not eligible to participate.

 4         (c)  An applicant, owner, or person who has a 5 percent

 5  or greater interest in a licensed entity:

 6         1.  Has been previously found by any licensing,

 7  certifying, or professional standards board or agency to have

 8  violated the standards or conditions that relate to home

 9  health-related licensure or certification, or to the quality

10  of home health-related services provided; or

11         2.  Has been or is currently excluded, suspended,

12  terminated from, or has involuntarily withdrawn from,

13  participation in the Medicaid program of this state or any

14  other state, the Medicare program, or any other governmental

15  health care or health insurance program.

16         Section 110.  Subsection (1) and paragraphs (a) and (b)

17  of subsection (2) of section 400.484, Florida Statutes, are

18  amended to read:

19         400.484  Right of inspection; deficiencies; fines.--

20         (1)  In accordance with s. 408.811, Any duly authorized

21  officer or employee of the agency may make such inspections

22  and investigations as are necessary in order to determine the

23  state of compliance with this part and with applicable rules.

24  The right of inspection extends to any business that the

25  agency has reason to believe is being operated as a home

26  health agency without a license, but such inspection of any

27  such business may not be made without the permission of the

28  owner or person in charge unless a warrant is first obtained

29  from a circuit court. Any application for a license issued

30  under this part or for license renewal constitutes permission

31  


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 1  for an appropriate inspection to verify the information

 2  submitted on or in connection with the application.

 3         (2)  The agency shall impose fines for various classes

 4  of deficiencies in accordance with the following schedule:

 5         (a)  A class I deficiency is any act, omission, or

 6  practice that results in a patient's death, disablement, or

 7  permanent injury, or places a patient at imminent risk of

 8  death, disablement, or permanent injury.  Upon finding a class

 9  I deficiency, the agency may impose an administrative fine in

10  the amount of $5,000 for each occurrence and each day that the

11  deficiency exists.  In addition, the agency may immediately

12  revoke the license, or impose a moratorium pursuant to s.

13  408.814 on the admission of new patients, until the factors

14  causing the deficiency have been corrected.

15         (b)  A class II deficiency is any act, omission, or

16  practice that has a direct adverse effect on the health,

17  safety, or security of a patient. Upon finding a class II

18  deficiency, the agency may impose an administrative fine in

19  the amount of $1,000 for each occurrence and each day that the

20  deficiency exists.  In addition, the agency may suspend the

21  license, or impose a moratorium pursuant to s. 408.814 on the

22  admission of new patients, until the deficiency has been

23  corrected.

24         Section 111.  Subsections (1) and (2) of section

25  400.487, Florida Statutes, are amended to read:

26         400.487  Home health service agreements; physician's,

27  physician's assistant's, and advanced registered nurse

28  practitioner's treatment orders; patient assessment;

29  establishment and review of plan of care; provision of

30  services; orders not to resuscitate.--

31  


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 1         (1)  Services provided by a home health agency must be

 2  covered by an agreement between the home health agency and the

 3  patient or the patient's legal representative specifying the

 4  home health services to be provided, the rates or charges for

 5  services paid with private funds, and the sources method of

 6  payment, which may include Medicare, Medicaid, private

 7  insurance, personal funds, or a combination thereof. A home

 8  health agency providing skilled care must make an assessment

 9  of the patient's needs within 48 hours after the start of

10  services.

11         (2)  When required by the provisions of chapter 464;

12  part I, part III, or part V of chapter 468; or chapter 486,

13  the attending physician, physician's assistant, or advanced

14  registered nurse practitioner, acting within his or her

15  respective scope of practice, shall for a patient who is to

16  receive skilled care must establish treatment orders for a

17  patient who is to receive skilled care. The treatment orders

18  must be signed by the physician, physician's assistant, or

19  advanced registered nurse practitioner before a claim for

20  payment for the skilled services is submitted by the home

21  health agency. If the claim is submitted to a managed care

22  organization, the treatment orders must be signed in the time

23  allowed under the provider agreement. The treatment orders

24  shall within 30 days after the start of care and must be

25  reviewed, as frequently as the patient's illness requires, by

26  the physician, physician's assistant, or advanced registered

27  nurse practitioner in consultation with the home health agency

28  personnel that provide services to the patient.

29         Section 112.  Section 400.494, Florida Statutes, is

30  amended to read:

31         400.494  Information about patients confidential.--


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 1         (1)  Information about patients received by persons

 2  employed by, or providing services to, a home health agency or

 3  received by the licensing agency through reports or inspection

 4  shall be confidential and exempt from the provisions of s.

 5  119.07(1) and may shall not be disclosed to any person other

 6  than the patient without the written consent of that patient

 7  or the patient's guardian.

 8         (2)  This section does not apply to information

 9  lawfully requested by the Medicaid Fraud Control Unit of the

10  Office of the Attorney General or requested under s. 408.811

11  Department of Legal Affairs.

12         Section 113.  Section 400.495, Florida Statutes, is

13  amended to read:

14         400.495  Notice of toll-free telephone number for

15  central abuse hotline.--In addition to the requirements of s.

16  408.810(5), On or before the first day home health services

17  are provided to a patient, any home health agency or nurse

18  registry licensed under this part must inform the patient and

19  his or her immediate family, if appropriate, of the right to

20  report abusive, neglectful, or exploitative practices.  The

21  statewide toll-free telephone number for the central abuse

22  hotline must be provided to patients in a manner that is

23  clearly legible and must include the words: "To report abuse,

24  neglect, or exploitation, please call toll-free ...(phone

25  number)...." the Agency for Health Care Administration shall

26  adopt rules that provide for 90 days' advance notice of a

27  change in the toll-free telephone number and that outline due

28  process procedures, as provided under chapter 120, for home

29  health agency personnel and nurse registry personnel who are

30  reported to the central abuse hotline.  Home health agencies

31  


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 1  and nurse registries shall establish appropriate policies and

 2  procedures for providing such notice to patients.

 3         Section 114.  Section 400.497, Florida Statutes, is

 4  amended to read:

 5         400.497  Rules establishing minimum standards.--The

 6  agency shall adopt, publish, and enforce rules to implement

 7  part II of chapter 408, this part, including, as applicable,

 8  ss. 400.506 and 400.509, which must provide reasonable and

 9  fair minimum standards relating to:

10         (1)  The home health aide competency test and home

11  health aide training. The agency shall create the home health

12  aide competency test and establish the curriculum and

13  instructor qualifications for home health aide training.

14  Licensed home health agencies may provide this training and

15  shall furnish documentation of such training to other licensed

16  home health agencies upon request. Successful passage of the

17  competency test by home health aides may be substituted for

18  the training required under this section and any rule adopted

19  pursuant thereto.

20         (2)  Shared staffing. The agency shall allow shared

21  staffing if the home health agency is part of a retirement

22  community that provides multiple levels of care, is located on

23  one campus, is licensed under this chapter, and otherwise

24  meets the requirements of law and rule.

25         (3)  The criteria for the frequency of onsite licensure

26  surveys.

27         (4)  Licensure application and renewal.

28         (5)  The requirements for onsite and electronic

29  accessibility of supervisory personnel of home health

30  agencies.

31         (6)  Information to be included in patients' records.


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 1         (7)  Geographic service areas.

 2         (8)  Preparation of a comprehensive emergency

 3  management plan pursuant to s. 400.492.

 4         (a)  The Agency for Health Care Administration shall

 5  adopt rules establishing minimum criteria for the plan and

 6  plan updates, with the concurrence of the Department of Health

 7  and in consultation with the Department of Community Affairs.

 8         (b)  The rules must address the requirements in s.

 9  400.492. In addition, the rules shall provide for the

10  maintenance of patient-specific medication lists that can

11  accompany patients who are transported from their homes.

12         (c)  The plan is subject to review and approval by the

13  county health department. During its review, the county health

14  department shall ensure that the following agencies, at a

15  minimum, are given the opportunity to review the plan:

16         1.  The local emergency management agency.

17         2.  The Agency for Health Care Administration.

18         3.  The local chapter of the American Red Cross or

19  other lead sheltering agency.

20         4.  The district office of the Department of Children

21  and Family Services.

22  

23  The county health department shall complete its review within

24  60 days after receipt of the plan and shall either approve the

25  plan or advise the home health agency of necessary revisions.

26         (d)  For any home health agency that operates in more

27  than one county, the Department of Health shall review the

28  plan, after consulting with all of the county health

29  departments, the agency, and all the local chapters of the

30  American Red Cross or other lead sheltering agencies in the

31  areas of operation for that particular home health agency. The


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 1  Department of Health shall complete its review within 90 days

 2  after receipt of the plan and shall either approve the plan or

 3  advise the home health agency of necessary revisions. The

 4  Department of Health shall make every effort to avoid imposing

 5  differing requirements based on differences between counties

 6  on the home health agency.

 7         (e)  The requirements in this subsection do not apply

 8  to:

 9         1.  A facility that is certified under chapter 651 and

10  has a licensed home health agency used exclusively by

11  residents of the facility; or

12         2.  A retirement community that consists of residential

13  units for independent living and either a licensed nursing

14  home or an assisted living facility, and has a licensed home

15  health agency used exclusively by the residents of the

16  retirement community, provided the comprehensive emergency

17  management plan for the facility or retirement community

18  provides for continuous care of all residents with special

19  needs during an emergency.

20         Section 115.  Section 400.506, Florida Statutes, is

21  amended to read:

22         400.506  Licensure of nurse registries; requirements;

23  penalties.--

24         (1)  A nurse registry is exempt from the licensing

25  requirements of a home health agency but must be licensed as a

26  nurse registry. The requirements of part II of chapter 408

27  apply to the provision of services that necessitate licensure

28  pursuant to 400.506-400.518 and part II of chapter 408 and to

29  entities licensed by or applying for such licensed from the

30  Agency for Health Care Administration pursuant to ss.

31  400.506-400.518. Each operational site of the nurse registry


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 1  must be licensed, unless there is more than one site within a

 2  county.  If there is more than one site within a county, only

 3  one license per county is required.  Each operational site

 4  must be listed on the license.

 5         (2)  Each applicant for licensure must comply with all

 6  provisions of part II of chapter 408, with the exception of s.

 7  408.810(6) and (10). the following requirements:

 8         (a)  Upon receipt of a completed, signed, and dated

 9  application, the agency shall require background screening, in

10  accordance with the level 2 standards for screening set forth

11  in chapter 435, of the managing employee, or other similarly

12  titled individual who is responsible for the daily operation

13  of the nurse registry, and of the financial officer, or other

14  similarly titled individual who is responsible for the

15  financial operation of the registry, including billings for

16  patient care and services.  The applicant shall comply with

17  the procedures for level 2 background screening as set forth

18  in chapter 435.

19         (b)  The agency may require background screening of any

20  other individual who is an applicant if the agency has

21  probable cause to believe that he or she has been convicted of

22  a crime or has committed any other offense prohibited under

23  the level 2 standards for screening set forth in chapter 435.

24         (c)  Proof of compliance with the level 2 background

25  screening requirements of chapter 435 which has been submitted

26  within the previous 5 years in compliance with any other

27  health care or assisted living licensure requirements of this

28  state is acceptable in fulfillment of the requirements of

29  paragraph (a).

30         (d)  A provisional license may be granted to an

31  applicant when each individual required by this section to


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  undergo background screening has met the standards for the

 2  Department of Law Enforcement background check but the agency

 3  has not yet received background screening results from the

 4  Federal Bureau of Investigation. A standard license may be

 5  granted to the applicant upon the agency's receipt of a report

 6  of the results of the Federal Bureau of Investigation

 7  background screening for each individual required by this

 8  section to undergo background screening which confirms that

 9  all standards have been met, or upon the granting of a

10  disqualification exemption by the agency as set forth in

11  chapter 435. Any other person who is required to undergo level

12  2 background screening may serve in his or her capacity

13  pending the agency's receipt of the report from the Federal

14  Bureau of Investigation. However, the person may not continue

15  to serve if the report indicates any violation of background

16  screening standards and a disqualification exemption has not

17  been requested of and granted by the agency as set forth in

18  chapter 435.

19         (e)  Each applicant must submit to the agency, with its

20  application, a description and explanation of any exclusions,

21  permanent suspensions, or terminations of the applicant from

22  the Medicare or Medicaid programs. Proof of compliance with

23  the requirements for disclosure of ownership and control

24  interests under the Medicaid or Medicare programs may be

25  accepted in lieu of this submission.

26         (f)  Each applicant must submit to the agency a

27  description and explanation of any conviction of an offense

28  prohibited under the level 2 standards of chapter 435 by a

29  member of the board of directors of the applicant, its

30  officers, or any individual owning 5 percent or more of the

31  applicant. This requirement does not apply to a director of a


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 1  not-for-profit corporation or organization if the director

 2  serves solely in a voluntary capacity for the corporation or

 3  organization, does not regularly take part in the day-to-day

 4  operational decisions of the corporation or organization,

 5  receives no remuneration for his or her services on the

 6  corporation or organization's board of directors, and has no

 7  financial interest and has no family members with a financial

 8  interest in the corporation or organization, provided that the

 9  director and the not-for-profit corporation or organization

10  include in the application a statement affirming that the

11  director's relationship to the corporation satisfies the

12  requirements of this paragraph.

13         (g)  A license may not be granted to an applicant if

14  the applicant or managing employee has been found guilty of,

15  regardless of adjudication, or has entered a plea of nolo

16  contendere or guilty to, any offense prohibited under the

17  level 2 standards for screening set forth in chapter 435,

18  unless an exemption from disqualification has been granted by

19  the agency as set forth in chapter 435.

20         (h)  The agency may deny or revoke the license if any

21  applicant:

22         1.  Has falsely represented a material fact in the

23  application required by paragraph (e) or paragraph (f), or has

24  omitted any material fact from the application required by

25  paragraph (e) or paragraph (f); or

26         2.  Has had prior action taken against the applicant

27  under the Medicaid or Medicare program as set forth in

28  paragraph (e).

29         (i)  An application for license renewal must contain

30  the information required under paragraphs (e) and (f).

31  


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 1         (3)  In accordance with s. 408.805, an applicant or

 2  licensee shall pay a fee for each license application

 3  submitted under ss. 400.508-400.518 and part II of chapter

 4  408. The amount of the fee shall be established by rule and

 5  may not exceed $2,000 per biennium. Application for license

 6  must be made to the Agency for Health Care Administration on

 7  forms furnished by it and must be accompanied by the

 8  appropriate licensure fee, as established by rule and not to

 9  exceed the cost of regulation under this part.  The licensure

10  fee for nurse registries may not exceed $1,000 and must be

11  deposited in the Health Care Trust Fund.

12         (4)  The Agency for Health Care Administration may

13  deny, revoke, or suspend a license or impose an administrative

14  fine in the manner provided in chapter 120 against a nurse

15  registry that:

16         (a)  Fails to comply with this section or applicable

17  rules.

18         (b)  Commits an intentional, reckless, or negligent act

19  that materially affects the health or safety of a person

20  receiving services.

21         (5)  A license issued for the operation of a nurse

22  registry, unless sooner suspended or revoked, expires 1 year

23  after its date of issuance. Sixty days before the expiration

24  date, an application for renewal must be submitted to the

25  Agency for Health Care Administration on forms furnished by

26  it. The Agency for Health Care Administration shall renew the

27  license if the applicant has met the requirements of this

28  section and applicable rules.  A nurse registry against which

29  a revocation or suspension proceeding is pending at the time

30  of license renewal may be issued a conditional license

31  effective until final disposition by the Agency for Health


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 1  Care Administration of such proceedings. If judicial relief is

 2  sought from the final disposition, the court having

 3  jurisdiction may issue a conditional license for the duration

 4  of the judicial proceeding.

 5         (6)  The Agency for Health Care Administration may

 6  institute injunctive proceedings under s. 400.515.

 7         (4)(7)  A person that offers or advertises to the

 8  public that it provides any service for which licensure is

 9  required under this section must include in such advertisement

10  the license number issued to it by the Agency for Health Care

11  Administration.

12         (8)  It is unlawful for a person to offer or advertise

13  to the public services as defined by rule without obtaining a

14  valid license from the Agency for Health Care Administration.

15  It is unlawful for any holder of a license to advertise or

16  hold out to the public that he or she holds a license for

17  other than that for which he or she actually holds a license.

18  A person who violates this subsection is subject to injunctive

19  proceedings under s. 400.515.

20         (9)  Any duly authorized officer or employee of the

21  Agency for Health Care Administration may make such

22  inspections and investigations as are necessary to respond to

23  complaints or to determine the state of compliance with this

24  section and applicable rules.

25         (a)  If, in responding to a complaint, an agent or

26  employee of the Agency for Health Care Administration has

27  reason to believe that a crime has been committed, he or she

28  shall notify the appropriate law enforcement agency.

29         (b)  If, in responding to a complaint, an agent or

30  employee of the Agency for Health Care Administration has

31  reason to believe that abuse, neglect, or exploitation has


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 1  occurred, according to the definitions in chapter 415, he or

 2  she shall file a report under chapter 415.

 3         (5)(10)(a)  A nurse registry may refer for contract in

 4  private residences registered nurses and licensed practical

 5  nurses registered and licensed under part I of chapter 464,

 6  certified nursing assistants certified under part II of

 7  chapter 464, home health aides who present documented proof of

 8  successful completion of the training required by rule of the

 9  agency, and companions or homemakers for the purposes of

10  providing those services authorized under s. 400.509(1). Each

11  person referred by a nurse registry must provide current

12  documentation that he or she is free from communicable

13  diseases.

14         (b)  A certified nursing assistant or home health aide

15  may be referred for a contract to provide care to a patient in

16  his or her home only if that patient is under a physician's

17  care.  A certified nursing assistant or home health aide

18  referred for contract in a private residence shall be limited

19  to assisting a patient with bathing, dressing, toileting,

20  grooming, eating, physical transfer, and those normal daily

21  routines the patient could perform for himself or herself were

22  he or she physically capable.  A certified nursing assistant

23  or home health aide may not provide medical or other health

24  care services that require specialized training and that may

25  be performed only by licensed health care professionals. The

26  nurse registry shall obtain the name and address of the

27  attending physician and send written notification to the

28  physician within 48 hours after a contract is concluded that a

29  certified nursing assistant or home health aide will be

30  providing care for that patient.

31  


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 1         (c)  A nurse registry shall, at the time of contracting

 2  for services through the nurse registry, advise the patient,

 3  the patient's family, or a person acting on behalf of the

 4  patient of the availability of registered nurses to make

 5  visits to the patient's home at an additional cost. A

 6  registered nurse shall make monthly visits to the patient's

 7  home to assess the patient's condition and quality of care

 8  being provided by the certified nursing assistant or home

 9  health aide.  Any condition that which in the professional

10  judgment of the nurse requires further medical attention shall

11  be reported to the attending physician and the nurse registry.

12  The assessment shall become a part of the patient's file with

13  the nurse registry and may be reviewed by the agency during

14  their survey procedure.

15         (6)(11)  A person who is referred by a nurse registry

16  for contract in private residences and who is not a nurse

17  licensed under part I of chapter 464 may perform only those

18  services or care to clients that the person has been certified

19  to perform or trained to perform as required by law or rules

20  of the Agency for Health Care Administration or the Department

21  of Business and Professional Regulation. Providing services

22  beyond the scope authorized under this subsection constitutes

23  the unauthorized practice of medicine or a violation of the

24  Nurse Practice Act and is punishable as provided under chapter

25  458, chapter 459, or part I of chapter 464.

26         (7)(12)  Each nurse registry must require every

27  applicant for contract to complete an application form

28  providing the following information:

29         (a)  The name, address, date of birth, and social

30  security number of the applicant.

31  


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 1         (b)  The educational background and employment history

 2  of the applicant.

 3         (c)  The number and date of the applicable license or

 4  certification.

 5         (d)  When appropriate, information concerning the

 6  renewal of the applicable license, registration, or

 7  certification.

 8         (8)(13)  Each nurse registry must comply with the

 9  procedures set forth in s. 400.512 for maintaining records of

10  the employment history of all persons referred for contract

11  and is subject to the standards and conditions set forth in

12  that section. However, an initial screening may not be

13  required for persons who have been continuously registered

14  with the nurse registry since September 30, 1990.

15         (9)(14)  The nurse registry must maintain the

16  application on file, and that file must be open to the

17  inspection of the Agency for Health Care Administration.  The

18  nurse registry must maintain on file the name and address of

19  the client to whom the nurse or other nurse registry personnel

20  is sent for contract and the amount of the fee received by the

21  nurse registry. A nurse registry must maintain the file that

22  includes the application and other applicable documentation

23  for 3 years after the date of the last file entry of

24  client-related information.

25         (10)(15)  Nurse registries shall assist persons who

26  would need assistance and sheltering during evacuations

27  because of physical, mental, or sensory disabilities in

28  registering with the appropriate local emergency management

29  agency pursuant to s. 252.355.

30         (11)(16)  Each nurse registry shall prepare and

31  maintain a comprehensive emergency management plan that is


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 1  consistent with the criteria in this subsection and with the

 2  local special needs plan. The plan shall be updated annually.

 3  The plan shall specify how the nurse registry shall facilitate

 4  the provision of continuous care by persons referred for

 5  contract to persons who are registered pursuant to s. 252.355

 6  during an emergency that interrupts the provision of care or

 7  services in private residencies.

 8         (a)  All persons referred for contract who care for

 9  persons registered pursuant to s. 252.355 must include in the

10  patient record a description of how care will be continued

11  during a disaster or emergency that interrupts the provision

12  of care in the patient's home. It shall be the responsibility

13  of the person referred for contract to ensure that continuous

14  care is provided.

15         (b)  Each nurse registry shall maintain a current

16  prioritized list of patients in private residences who are

17  registered pursuant to s. 252.355 and are under the care of

18  persons referred for contract and who need continued services

19  during an emergency. This list shall indicate, for each

20  patient, if the client is to be transported to a special needs

21  shelter and if the patient is receiving skilled nursing

22  services. Nurse registries shall make this list available to

23  county health departments and to local emergency management

24  agencies upon request.

25         (c)  Each person referred for contract who is caring

26  for a patient who is registered pursuant to s. 252.355 shall

27  provide a list of the patient's medication and equipment needs

28  to the nurse registry. Each person referred for contract shall

29  make this information available to county health departments

30  and to local emergency management agencies upon request.

31  


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 1         (d)  Each person referred for contract shall not be

 2  required to continue to provide care to patients in emergency

 3  situations that are beyond the person's control and that make

 4  it impossible to provide services, such as when roads are

 5  impassable or when patients do not go to the location

 6  specified in their patient records.

 7         (e)  The comprehensive emergency management plan

 8  required by this subsection is subject to review and approval

 9  by the county health department. During its review, the county

10  health department shall ensure that, at a minimum, the local

11  emergency management agency, the Agency for Health Care

12  Administration, and the local chapter of the American Red

13  Cross or other lead sheltering agency are given the

14  opportunity to review the plan. The county health department

15  shall complete its review within 60 days after receipt of the

16  plan and shall either approve the plan or advise the nurse

17  registry of necessary revisions.

18         (f)  The Agency for Health Care Administration shall

19  adopt rules establishing minimum criteria for the

20  comprehensive emergency management plan and plan updates

21  required by this subsection, with the concurrence of the

22  Department of Health and in consultation with the Department

23  of Community Affairs.

24         (12)(17)  All persons referred for contract in private

25  residences by a nurse registry must comply with the following

26  requirements for a plan of treatment:

27         (a)  When, in accordance with the privileges and

28  restrictions imposed upon a nurse under part I of chapter 464,

29  the delivery of care to a patient is under the direction or

30  supervision of a physician or when a physician is responsible

31  for the medical care of the patient, a medical plan of


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 1  treatment must be established for each patient receiving care

 2  or treatment provided by a licensed nurse in the home.  The

 3  original medical plan of treatment must be timely signed by

 4  the physician, physician's assistant, or advanced registered

 5  nurse practitioner, acting within his or her respective scope

 6  of practice, and reviewed by him or her in consultation with

 7  the licensed nurse at least every 2 months.  Any additional

 8  order or change in orders must be obtained from the physician,

 9  physician's assistant, or advanced registered nurse

10  practitioner and reduced to writing and timely signed by the

11  physician, physician's assistant, or advanced registered nurse

12  practitioner.  The delivery of care under a medical plan of

13  treatment must be substantiated by the appropriate nursing

14  notes or documentation made by the nurse in compliance with

15  nursing practices established under part I of chapter 464.

16         (b)  Whenever a medical plan of treatment is

17  established for a patient, the initial medical plan of

18  treatment, any amendment to the plan, additional order or

19  change in orders, and copy of nursing notes must be filed in

20  the office of the nurse registry.

21         (13)(18)  The nurse registry must comply with the

22  notice requirements of s. 400.495, relating to abuse

23  reporting.

24         (14)(19)  In addition to any other penalties imposed

25  pursuant to this section or part, the agency may assess costs

26  related to an investigation that results in a successful

27  prosecution, excluding costs associated with an attorney's

28  time. If the agency imposes such an assessment and the

29  assessment is not paid, and if challenged is not the subject

30  of a pending appeal, prior to the renewal of the license, the

31  


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 1  license shall not be issued until the assessment is paid or

 2  arrangements for payment of the assessment are made.

 3         (15)(20)  The Agency for Health Care Administration

 4  shall adopt rules to implement this section and part II of

 5  chapter 408.

 6         Section 116.  Section 400.509, Florida Statutes, is

 7  amended to read:

 8         400.509  Registration of particular service providers

 9  exempt from licensure; certificate of registration; regulation

10  of registrants.--

11         (1)  Any organization that provides companion services

12  or homemaker services and does not provide a home health

13  service to a person is exempt from licensure under this part.

14  However, any organization that provides companion services or

15  homemaker services must register with the agency.

16         (2)  The requirements of part II of chapter 408 apply

17  to the provision of services that necessitate registration or

18  licensure pursuant to ss. 400.509-400.512 and ss.

19  408.801-408.819 and to entities registered by or applying for

20  such registration from the Agency for Health Care

21  Administration pursuant to ss. 400.509-400.512. Each applicant

22  for registration must comply with all provisions of part II of

23  chapter 408, with the exception of s. 408.810(6)-(10).

24  Registration consists of annually filing with the agency,

25  under oath, on forms provided by it, the following

26  information:

27         (a)  If the registrant is a firm or partnership, the

28  name, address, date of birth, and social security number of

29  every member.

30         (b)  If the registrant is a corporation or association,

31  its name and address; the name, address, date of birth, and


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 1  social security number of each of its directors and officers;

 2  and the name and address of each person having at least a 5

 3  percent interest in the corporation or association.

 4         (c)  The name, address, date of birth, and social

 5  security number of each person employed by or under contract

 6  with the organization.

 7         (3)  In accordance with s. 408.805, an applicant or

 8  registrant shall pay a fee for each registration issued under

 9  this part and part II of chapter 408. The amount of the fee

10  shall be $50 per biennium. The agency shall charge a

11  registration fee of $25 to be submitted with the information

12  required under subsection (2).

13         (4)  Each applicant for registration must comply with

14  the following requirements:

15         (a)  Upon receipt of a completed, signed, and dated

16  application, the agency shall require background screening, in

17  accordance with the level 1 standards for screening set forth

18  in chapter 435, of every individual who will have contact with

19  the client. The agency shall require background screening of

20  the managing employee or other similarly titled individual who

21  is responsible for the operation of the entity, and of the

22  financial officer or other similarly titled individual who is

23  responsible for the financial operation of the entity,

24  including billings for client services in accordance with the

25  level 2 standards for background screening as set forth in

26  chapter 435.

27         (b)  The agency may require background screening of any

28  other individual who is affiliated with the applicant if the

29  agency has a reasonable basis for believing that he or she has

30  been convicted of a crime or has committed any other offense

31  


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 1  prohibited under the level 2 standards for screening set forth

 2  in chapter 435.

 3         (c)  Proof of compliance with the level 2 background

 4  screening requirements of chapter 435 which has been submitted

 5  within the previous 5 years in compliance with any other

 6  health care or assisted living licensure requirements of this

 7  state is acceptable in fulfillment of paragraph (a).

 8         (d)  A provisional registration may be granted to an

 9  applicant when each individual required by this section to

10  undergo background screening has met the standards for the

11  abuse-registry background check through the agency and the

12  Department of Law Enforcement background check, but the agency

13  has not yet received background screening results from the

14  Federal Bureau of Investigation.  A standard registration may

15  be granted to the applicant upon the agency's receipt of a

16  report of the results of the Federal Bureau of Investigation

17  background screening for each individual required by this

18  section to undergo background screening which confirms that

19  all standards have been met, or upon the granting of a

20  disqualification exemption by the agency as set forth in

21  chapter 435.  Any other person who is required to undergo

22  level 2 background screening may serve in his or her capacity

23  pending the agency's receipt of the report from the Federal

24  Bureau of Investigation. However, the person may not continue

25  to serve if the report indicates any violation of background

26  screening standards and if a disqualification exemption has

27  not been requested of and granted by the agency as set forth

28  in chapter 435.

29         (e)  Each applicant must submit to the agency, with its

30  application, a description and explanation of any exclusions,

31  permanent suspensions, or terminations of the applicant from


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 1  the Medicare or Medicaid programs.  Proof of compliance with

 2  the requirements for disclosure of ownership and control

 3  interests under the Medicaid or Medicare programs may be

 4  accepted in lieu of this submission.

 5         (f)  Each applicant must submit to the agency a

 6  description and explanation of any conviction of an offense

 7  prohibited under the level 2 standards of chapter 435 which

 8  was committed by a member of the board of directors of the

 9  applicant, its officers, or any individual owning 5 percent or

10  more of the applicant.  This requirement does not apply to a

11  director of a not-for-profit corporation or organization who

12  serves solely in a voluntary capacity for the corporation or

13  organization, does not regularly take part in the day-to-day

14  operational decisions of the corporation or organization,

15  receives no remuneration for his or her services on the

16  corporation's or organization's board of directors, and has no

17  financial interest and no family members having a financial

18  interest in the corporation or organization, if the director

19  and the not-for-profit corporation or organization include in

20  the application a statement affirming that the director's

21  relationship to the corporation satisfies the requirements of

22  this paragraph.

23         (g)  A registration may not be granted to an applicant

24  if the applicant or managing employee has been found guilty

25  of, regardless of adjudication, or has entered a plea of nolo

26  contendere or guilty to, any offense prohibited under the

27  level 2 standards for screening set forth in chapter 435,

28  unless an exemption from disqualification has been granted by

29  the agency as set forth in chapter 435.

30         (h)  The agency may deny or revoke the registration of

31  any applicant who:


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 1         1.  Has falsely represented a material fact in the

 2  application required by paragraph (e) or paragraph (f), or has

 3  omitted any material fact from the application required by

 4  paragraph (e) or paragraph (f); or

 5         2.  Has had prior action taken against the applicant

 6  under the Medicaid or Medicare program as set forth in

 7  paragraph (e).

 8         (i)  An application for licensure renewal must contain

 9  the information required under paragraphs (e) and (f).

10         (4)(5)  Each registrant must obtain the employment or

11  contract history of persons who are employed by or under

12  contract with the organization and who will have contact at

13  any time with patients or clients in their homes by:

14         (a)  Requiring such persons to submit an employment or

15  contractual history to the registrant; and

16         (b)  Verifying the employment or contractual history,

17  unless through diligent efforts such verification is not

18  possible.  The agency shall prescribe by rule the minimum

19  requirements for establishing that diligent efforts have been

20  made.

21  

22  There is no monetary liability on the part of, and no cause of

23  action for damages arises against, a former employer of a

24  prospective employee of or prospective independent contractor

25  with a registrant who reasonably and in good faith

26  communicates his or her honest opinions about the former

27  employee's or contractor's job performance.  This subsection

28  does not affect the official immunity of an officer or

29  employee of a public corporation.

30         (6)  On or before the first day on which services are

31  provided to a patient or client, any registrant under this


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 1  part must inform the patient or client and his or her

 2  immediate family, if appropriate, of the right to report

 3  abusive, neglectful, or exploitative practices.  The statewide

 4  toll-free telephone number for the central abuse hotline must

 5  be provided to patients or clients in a manner that is clearly

 6  legible and must include the words: "To report abuse, neglect,

 7  or exploitation, please call toll-free ...(phone number)...."

 8  Registrants must establish appropriate policies and procedures

 9  for providing such notice to patients or clients.

10         (7)  The provisions of s. 400.512 regarding screening

11  apply to any person or business entity registered under this

12  section on or after October 1, 1994.

13         (8)  Upon verification that all requirements for

14  registration have been met, the Agency for Health Care

15  Administration shall issue a certificate of registration valid

16  for no more than 1 year.

17         (9)  The Agency for Health Care Administration may

18  deny, suspend, or revoke the registration of a person that:

19         (a)  Fails to comply with this section or applicable

20  rules.

21         (b)  Commits an intentional, reckless, or negligent act

22  that materially affects the health or safety of a person

23  receiving services.

24         (10)  The Agency for Health Care Administration may

25  institute injunctive proceedings under s. 400.515.

26         (5)(11)  A person that offers or advertises to the

27  public a service for which registration is required must

28  include in its advertisement the registration number issued by

29  the Agency for Health Care Administration.

30         (12)  It is unlawful for a person to offer or advertise

31  to the public services, as defined by rule, without obtaining


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 1  a certificate of registration from the Agency for Health Care

 2  Administration.  It is unlawful for any holder of a

 3  certificate of registration to advertise or hold out to the

 4  public that he or she holds a certificate of registration for

 5  other than that for which he or she actually holds a

 6  certificate of registration.  Any person who violates this

 7  subsection is subject to injunctive proceedings under s.

 8  400.515.

 9         (13)  Any duly authorized officer or employee of the

10  Agency for Health Care Administration has the right to make

11  such inspections and investigations as are necessary in order

12  to respond to complaints or to determine the state of

13  compliance with this section and applicable rules.

14         (a)  If, in responding to a complaint, an officer or

15  employee of the Agency for Health Care Administration has

16  reason to believe that a crime has been committed, he or she

17  shall notify the appropriate law enforcement agency.

18         (b)  If, in responding to a complaint, an officer or

19  employee of the Agency for Health Care Administration has

20  reason to believe that abuse, neglect, or exploitation has

21  occurred, according to the definitions in chapter 415, he or

22  she shall file a report under chapter 415.

23         (6)(14)  In addition to any other penalties imposed

24  pursuant to this section or part, the agency may assess costs

25  related to an investigation that results in a successful

26  prosecution, excluding costs associated with an attorney's

27  time. If the agency imposes such an assessment and the

28  assessment is not paid, and if challenged is not the subject

29  of a pending appeal, prior to the renewal of the registration,

30  the registration shall not be issued until the assessment is

31  paid or arrangements for payment of the assessment are made.


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 1         (7)(15)  The Agency for Health Care Administration

 2  shall adopt rules to administer this section and part II of

 3  chapter 408.

 4         (8)  Notwithstanding the penalties provided in s.

 5  408.812(3), any registrant that provides personal care to a

 6  client in the client's private residence commits a misdemeanor

 7  of the first degree, punishable as provided in s. 775.082 or

 8  s. 775.083, if the client's residence is not a facility

 9  licensed in accordance with part II of chapter 408. Section

10  408.812 applies to all other unlicensed activity by a

11  registrant, including the offering or advertising of any

12  service that necessitates licensure under part II of chapter

13  408.

14         Section 117.  Subsections (2) and (7) of section

15  400.512, Florida Statutes, are amended to read:

16         400.512  Screening of home health agency personnel;

17  nurse registry personnel; and companions and homemakers.--The

18  agency shall require employment or contractor screening as

19  provided in chapter 435, using the level 1 standards for

20  screening set forth in that chapter, for home health agency

21  personnel; persons referred for employment by nurse

22  registries; and persons employed by companion or homemaker

23  services registered under s. 400.509.

24         (2)  The administrator of each home health agency, the

25  managing employee of each nurse registry, and the managing

26  employee of each companion or homemaker service registered

27  under s. 400.509 must sign an affidavit annually, under

28  penalty of perjury, stating that all personnel hired,

29  contracted with, or registered on or after October 1, 1994,

30  who enter the home of a patient or client in their service

31  capacity have been screened and that its remaining personnel


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 1  have worked for the home health agency or registrant

 2  continuously since before October 1, 1994.

 3         (7)(a)  It is a misdemeanor of the first degree,

 4  punishable under s. 775.082 or s. 775.083, for any person

 5  willfully, knowingly, or intentionally to:

 6         1.  Fail, by false statement, misrepresentation,

 7  impersonation, or other fraudulent means, to disclose in any

 8  application for voluntary or paid employment a material fact

 9  used in making a determination as to such person's

10  qualifications to be an employee under this section;

11         2.  Operate or attempt to operate an entity licensed or

12  registered under this part with persons who do not meet the

13  minimum standards for good moral character as contained in

14  this section; or

15         2.3.  Use information from the criminal records

16  obtained under this section for any purpose other than

17  screening that person for employment as specified in this

18  section or release such information to any other person for

19  any purpose other than screening for employment under this

20  section.

21         (b)  It is a felony of the third degree, punishable

22  under s. 775.082, s. 775.083, or s. 775.084, for any person

23  willfully, knowingly, or intentionally to use information from

24  the juvenile records of a person obtained under this section

25  for any purpose other than screening for employment under this

26  section.

27         Section 118.  Section 400.515, Florida Statutes, is

28  repealed.

29         Section 119.  Subsections (6) and (7) of section

30  400.551, Florida Statutes, are amended to read:

31         400.551  Definitions.--As used in this part, the term:


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 1         (6)  "Operator" means the licensee or person having

 2  general administrative charge of an adult day care center.

 3         (7)  "Owner" means the licensee owner of an adult day

 4  care center.

 5         Section 120.  Section 400.554, Florida Statutes, is

 6  amended to read:

 7         400.554  License requirement; fee; exemption;

 8  display.--

 9         (1)  The requirements of part II of chapter 408 apply

10  to the provision of services that necessitate licensure

11  pursuant to this part and part II of chapter 408 and to

12  entities licensed by or applying for such licensure from the

13  Agency for Health Care Administration pursuant to this part.

14  However, an applicant for licensure is exempt from the

15  provisions of s. 408.810(10). It is unlawful to operate an

16  adult day care center without first obtaining from the agency

17  a license authorizing such operation.  The agency is

18  responsible for licensing adult day care centers in accordance

19  with this part.

20         (2)  Separate licenses are required for centers

21  operated on separate premises, even though operated under the

22  same management.  Separate licenses are not required for

23  separate buildings on the same premises.

24         (3)  In accordance with s. 408.805, an applicant or

25  licensee shall pay a fee for each license application

26  submitted under this part and part II of chapter 408. The

27  amount of the fee shall be established by rule and The

28  biennial license fee required of a center shall be determined

29  by the department, but may not exceed $150 per biennium.

30  

31  


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 1         (4)  County-operated or municipally operated centers

 2  applying for licensure under this part are exempt from the

 3  payment of license fees.

 4         (5)  The license for a center shall be displayed in a

 5  conspicuous place inside the center.

 6         (6)  A license is valid only in the possession of the

 7  individual, firm, partnership, association, or corporation to

 8  which it is issued and is not subject to sale, assignment, or

 9  other transfer, voluntary or involuntary; nor is a license

10  valid for any premises other than the premises for which

11  originally issued.

12         Section 121.  Section 400.555, Florida Statutes, is

13  amended to read:

14         400.555  Application for license.--

15         (1)  An application for a license to operate an adult

16  day care center must be made to the agency on forms furnished

17  by the agency and must be accompanied by the appropriate

18  license fee unless the applicant is exempt from payment of the

19  fee as provided in s. 400.554(4).

20         (2)  In addition to all provisions of part II of

21  chapter 408, the applicant for licensure must furnish:

22         (a)  a description of the physical and mental

23  capabilities and needs of the participants to be served and

24  the availability, frequency, and intensity of basic services

25  and of supportive and optional services to be provided and

26  proof of adequate liability insurance coverage.;

27         (b)  Satisfactory proof of financial ability to operate

28  and conduct the center in accordance with the requirements of

29  this part, which must include, in the case of an initial

30  application, a 1-year operating plan and proof of a 3-month

31  operating reserve fund; and


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 1         (c)  Proof of adequate liability insurance coverage.

 2         (d)  Proof of compliance with level 2 background

 3  screening as required under s. 400.5572.

 4         (e)  A description and explanation of any exclusions,

 5  permanent suspensions, or terminations of the application from

 6  the Medicare or Medicaid programs. Proof of compliance with

 7  disclosure of ownership and control interest requirements of

 8  the Medicare or Medicaid programs shall be accepted in lieu of

 9  this submission.

10         Section 122.  Section 400.556, Florida Statutes, is

11  amended to read:

12         400.556  Denial or, suspension, revocation of license;

13  emergency action; administrative fines; investigations and

14  inspections.--

15         (1)  The agency may deny or, revoke, or suspend a

16  license under this part, impose an action under s. 408.814, or

17  may impose an administrative fine against the owner of an

18  adult day care center or its operator or employee in the

19  manner provided in chapter 120 for a violation of any

20  provision of this part, part II of chapter 408, or applicable

21  rules.

22         (2)  Each of the following actions by the owner of an

23  adult day care center or by its operator or employee is a

24  ground for action by the agency against the owner of the

25  center or its operator or employee:

26         (a)  An intentional or negligent act materially

27  affecting the health or safety of center participants.

28         (b)  A violation of this part or of any standard or

29  rule under this part.

30         (b)(c)  A failure of persons subject to level 2

31  background screening under s. 400.4174(1) to meet the


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 1  screening standards of s. 435.04, or the retention by the

 2  center of an employee subject to level 1 background screening

 3  standards under s. 400.4174(2) who does not meet the screening

 4  standards of s. 435.03 and for whom exemptions from

 5  disqualification have not been provided by the agency.

 6         (c)(d)  Failure to follow the criteria and procedures

 7  provided under part I of chapter 394 relating to the

 8  transportation, voluntary admission, and involuntary

 9  examination of center participants.

10         (d)(e)  Multiple or repeated violations of this part or

11  of any standard or rule adopted under this part or part II of

12  chapter 408.

13         (f)  Exclusion, permanent suspension, or termination of

14  the owner, if an individual, officer, or board member of the

15  adult day care center, if the owner is a firm, corporation,

16  partnership, or association, or any person owning 5 percent or

17  more of the center, from the Medicare or Medicaid program.

18         (3)  The agency is responsible for all investigations

19  and inspections conducted pursuant to this part.

20         Section 123.  Section 400.5565, Florida Statutes, is

21  amended to read:

22         400.5565  Administrative fines; interest.--

23         (1)(a)  If the agency determines that an adult day care

24  center is not operated in compliance with this part, part II

25  of chapter 408, or applicable with rules adopted under this

26  part, the agency, notwithstanding any other administrative

27  action it takes, shall make a reasonable attempt to discuss

28  with the owner each violation and recommended corrective

29  action prior to providing the owner with written notification.

30  The agency may request the submission of a corrective action

31  plan for the center which demonstrates a good faith effort to


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 1  remedy each violation by a specific date, subject to the

 2  approval of the agency.

 3         (b)  The owner of a center or its operator or employee

 4  found in violation of this part, part II of chapter 408, or

 5  applicable of rules adopted under this part may be fined by

 6  the agency.  A fine may not exceed $500 for each violation.

 7  In no event, however, may such fines in the aggregate exceed

 8  $5,000.

 9         (c)  The failure to correct a violation by the date set

10  by the agency, or the failure to comply with an approved

11  corrective action plan, is a separate violation for each day

12  such failure continues, unless the agency approves an

13  extension to a specific date.

14         (d)  If the owner of a center or its operator or

15  employee appeals an agency action under this section and the

16  fine is upheld, the violator shall pay the fine, plus interest

17  at the legal rate specified in s. 687.01 for each day that the

18  fine remains unpaid after the date set by the agency for

19  payment of the fine.

20         (2)  In determining whether to impose a fine and in

21  fixing the amount of any fine, the agency shall consider the

22  following factors:

23         (a)  The gravity of the violation, including the

24  probability that death or serious physical or emotional harm

25  to a participant will result or has resulted, the severity of

26  the actual or potential harm, and the extent to which the

27  provisions of the applicable statutes or rules were violated.

28         (b)  Actions taken by the owner or operator to correct

29  violations.

30         (c)  Any previous violations.

31  


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 1         (d)  The financial benefit to the center of committing

 2  or continuing the violation.

 3         Section 124.  Section 400.557, Florida Statutes, is

 4  amended to read:

 5         400.557  Expiration of license; renewal; Conditional

 6  license or permit.--

 7         (1)  A license issued for the operation of an adult day

 8  care center, unless sooner suspended or revoked, expires 2

 9  years after the date of issuance. The agency shall notify a

10  licensee at least 120 days before the expiration date that

11  license renewal is required to continue operation. The

12  notification must be provided electronically or by mail

13  delivery. At least 90 days prior to the expiration date, an

14  application for renewal must be submitted to the agency. A

15  license shall be renewed, upon the filing of an application on

16  forms furnished by the agency, if the applicant has first met

17  the requirements of this part and of the rules adopted under

18  this part. The applicant must file with the application

19  satisfactory proof of financial ability to operate the center

20  in accordance with the requirements of this part and in

21  accordance with the needs of the participants to be served and

22  an affidavit of compliance with the background screening

23  requirements of s. 400.5572.

24         (2)  A licensee against whom a revocation or suspension

25  proceeding is pending at the time for license renewal may be

26  issued a conditional license effective until final disposition

27  by the agency of the proceeding.  If judicial relief is sought

28  from the final disposition, the court having jurisdiction may

29  issue a conditional permit effective for the duration of the

30  judicial proceeding.

31  


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 1         (3)  The agency may issue a conditional license to an

 2  applicant for license renewal or change of ownership if the

 3  applicant fails to meet all standards and requirements for

 4  licensure.  A conditional license issued under this subsection

 5  must be limited to a specific period not exceeding 6 months,

 6  as determined by the agency, and must be accompanied by an

 7  approved plan of correction.

 8         Section 125.  Section 400.5572, Florida Statutes, is

 9  amended to read:

10         400.5572  Background screening.--

11         (1)(a)  Level 2 background screening must be conducted

12  on each of the following persons, who shall be considered

13  employees for the purposes of conducting screening under

14  chapter 435:

15         1.  The adult day care center owner if an individual,

16  the operator, and the financial officer.

17         2.  An officer or board member if the owner of the

18  adult day care center is a firm, corporation, partnership, or

19  association, or any person owning 5 percent or more of the

20  facility, if the agency has probable cause to believe that

21  such person has been convicted of any offense prohibited by s.

22  435.04. For each officer, board member, or person owning 5

23  percent or more who has been convicted of any such offense,

24  the facility shall submit to the agency a description and

25  explanation of the conviction at the time of license

26  application. This subparagraph does not apply to a board

27  member of a not-for-profit corporation or organization if the

28  board member serves solely in a voluntary capacity, does not

29  regularly take part in the day-to-day operational decisions of

30  the corporation or organization, receives no remuneration for

31  his or her services, and has no financial interest and has no


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 1  family members with a financial interest in the corporation or

 2  organization, provided that the board member and facility

 3  submit a statement affirming that the board member's

 4  relationship to the facility satisfies the requirements of

 5  this subparagraph.

 6         (b)  Proof of compliance with level 2 screening

 7  standards which has been submitted within the previous 5 years

 8  to meet any facility or professional licensure requirements of

 9  the agency or the Department of Health satisfies the

10  requirements of this subsection.

11         (c)  The agency may grant a provisional license to an

12  adult day care center applying for an initial license when

13  each individual required by this subsection to undergo

14  screening has completed the Department of Law Enforcement

15  background check, but has not yet received results from the

16  Federal Bureau of Investigation, or when a request for an

17  exemption from disqualification has been submitted to the

18  agency pursuant to s. 435.07, but a response has not been

19  issued.

20         (2)  The owner or administrator of an adult day care

21  center must conduct level 1 background screening as set forth

22  in chapter 435 on all employees hired on or after October 1,

23  1998, who provide basic services or supportive and optional

24  services to the participants. Such persons satisfy this

25  requirement if:

26         (1)(a)  Proof of compliance with level 1 screening

27  requirements obtained to meet any professional license

28  requirements in this state is provided and accompanied, under

29  penalty of perjury, by a copy of the person's current

30  professional license and an affidavit of current compliance

31  with the background screening requirements.


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 1         (2)(b)  The person required to be screened has been

 2  continuously employed, without a breach in service that

 3  exceeds 180 days, in the same type of occupation for which the

 4  person is seeking employment and provides proof of compliance

 5  with the level 1 screening requirement which is no more than 2

 6  years old. Proof of compliance must be provided directly from

 7  one employer or contractor to another, and not from the person

 8  screened. Upon request, a copy of screening results shall be

 9  provided to the person screened by the employer retaining

10  documentation of the screening.

11         (3)(c)  The person required to be screened is employed

12  by a corporation or business entity or related corporation or

13  business entity that owns, operates, or manages more than one

14  facility or agency licensed under this chapter, and for whom a

15  level 1 screening was conducted by the corporation or business

16  entity as a condition of initial or continued employment.

17         Section 126.  Sections 400.5575 and 400.558, Florida

18  Statutes, are repealed.

19         Section 127.  Section 400.559, Florida Statutes, is

20  amended to read:

21         400.559  Closing or change of owner or operator of

22  center.--

23         (1)  Before operation of an adult day care center may

24  be voluntarily discontinued, the operator must, inform the

25  agency in writing at least 60 days prior to the discontinuance

26  of operation. The operator must also, at such time, inform

27  each participant of the fact and the proposed date of such

28  discontinuance.

29         (2)  Immediately upon discontinuance of the operation

30  of a center, the owner or operator shall surrender the license

31  


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 1  for the center to the agency, and the license shall be

 2  canceled by the agency.

 3         (3)  If a center has a change of ownership, the new

 4  owner shall apply to the agency for a new license at least 60

 5  days before the date of the change of ownership.

 6         (4)  If a center has a change of operator, the new

 7  operator shall notify the agency in writing within 30 days

 8  after the change of operator.

 9         Section 128.  Section 400.56, Florida Statutes, is

10  amended to read:

11         400.56  Right of entry and inspection.--In accordance

12  with s. 408.811, Any duly designated officer or employee of

13  the agency or department has the right to enter the premises

14  of any adult day care center licensed pursuant to this part,

15  at any reasonable time, in order to determine the state of

16  compliance with this part, part II of chapter 408, and

17  applicable the rules or standards in force pursuant to this

18  part.  The right of entry and inspection also extends to any

19  premises that the agency has reason to believe are being

20  operated as a center without a license, but no entry or

21  inspection of any unlicensed premises may be made without the

22  permission of the owner or operator unless a warrant is first

23  obtained from the circuit court authorizing entry or

24  inspection.  Any application for a center license or license

25  renewal made pursuant to this part constitutes permission for,

26  and complete acquiescence in, any entry or inspection of the

27  premises for which the license is sought in order to

28  facilitate verification of the information submitted on or in

29  connection with the application.

30         Section 129.  Section 400.562, Florida Statutes, is

31  amended to read:


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 1         400.562  Rules establishing standards.--

 2         (1)  The agency Department of Elderly Affairs, in

 3  conjunction with the Department of Elderly Affairs agency,

 4  shall adopt rules to implement the provisions of this part and

 5  part II of chapter 408.  The rules must include reasonable and

 6  fair standards. Any conflict between these standards and those

 7  that may be set forth in local, county, or municipal

 8  ordinances shall be resolved in favor of those having

 9  statewide effect.  Such standards must relate to:

10         (a)  The maintenance of adult day care centers with

11  respect to plumbing, heating, lighting, ventilation, and other

12  building conditions, including adequate meeting space, to

13  ensure the health, safety, and comfort of participants and

14  protection from fire hazard.  Such standards may not conflict

15  with chapter 553 and must be based upon the size of the

16  structure and the number of participants.

17         (b)  The number and qualifications of all personnel

18  employed by adult day care centers who have responsibilities

19  for the care of participants.

20         (c)  All sanitary conditions within adult day care

21  centers and their surroundings, including water supply, sewage

22  disposal, food handling, and general hygiene, and maintenance

23  of sanitary conditions, to ensure the health and comfort of

24  participants.

25         (d)  Basic services provided by adult day care centers.

26         (e)  Supportive and optional services provided by adult

27  day care centers.

28         (f)  Data and information relative to participants and

29  programs of adult day care centers, including, but not limited

30  to, the physical and mental capabilities and needs of the

31  participants, the availability, frequency, and intensity of


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 1  basic services and of supportive and optional services

 2  provided, the frequency of participation, the distances

 3  traveled by participants, the hours of operation, the number

 4  of referrals to other centers or elsewhere, and the incidence

 5  of illness.

 6         (g)  Components of a comprehensive emergency management

 7  plan, developed in consultation with the Department of Health,

 8  the Department of Elderly Affairs Agency for Health Care

 9  Administration, and the Department of Community Affairs.

10         (2)  Pursuant to s. 119.07, the agency may charge a fee

11  for furnishing a copy of this part, or of the rules adopted

12  under this part, to any person upon request for the copy.

13         (2)(3)  Pursuant to this part, s. 408.811, and

14  applicable rules adopted by the department, the agency may

15  conduct an abbreviated biennial inspection of key

16  quality-of-care standards, in lieu of a full inspection, of a

17  center that has a record of good performance.  However, the

18  agency must conduct a full inspection of a center that has had

19  one or more confirmed complaints within the licensure period

20  immediately preceding the inspection or which has a serious

21  problem identified during the abbreviated inspection.  The

22  agency shall by rule develop the key quality-of-care

23  standards, taking into consideration the comments and

24  recommendations of the Department of Elderly Affairs and of

25  provider groups. These standards shall be included in rules

26  adopted by the Department of Elderly Affairs.

27         Section 130.  Section 400.564, Florida Statutes, is

28  repealed.

29         Section 131.  Section 400.602, Florida Statutes, is

30  amended to read:

31  


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 1         400.602  Licensure required; prohibited acts;

 2  exemptions; display, transferability of license.--

 3         (1)(a)  The requirements of part II of chapter 408

 4  apply to the provision of services that necessitate licensure

 5  pursuant to this part and part II of chapter 408 and to

 6  entities licensed by or applying for such licensure from the

 7  Agency for Health Care Administration pursuant to this part.

 8  It is unlawful to operate or maintain a hospice without first

 9  obtaining a license from the agency.

10         (b)  It is unlawful for Any person or legal entity not

11  licensed as a hospice under this part may not to use the word

12  "hospice" in its name, or to offer or advertise hospice

13  services or hospice-like services in such a way as to mislead

14  a person to believe that the offeror is a hospice licensed

15  under this part.

16         (2)  Services provided by a hospital, nursing home, or

17  other health care facility, health care provider, or

18  caregiver, or under the Community Care for the Elderly Act, do

19  not constitute a hospice unless the facility, provider, or

20  caregiver establishes a separate and distinct administrative

21  program to provide home, residential, and homelike inpatient

22  hospice services.

23         (3)(a)  A separately licensed hospice may not use a

24  name which is substantially the same as the name of another

25  hospice licensed under this part.

26         (b)  A licensed hospice which intends to change its

27  name or address must notify the agency at least 60 days before

28  making the change.

29         (4)  The license shall be displayed in a conspicuous

30  place inside the hospice program office; shall be valid only

31  in the possession of the person or public agency to which it


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 1  is issued; shall not be subject to sale, assignment, or other

 2  transfer, voluntary or involuntary; and shall not be valid for

 3  any hospice other than the hospice for which originally

 4  issued.

 5         (4)(5)  Notwithstanding s. 400.601(3), any hospice

 6  operating in corporate form exclusively as a hospice,

 7  incorporated on or before July 1, 1978, may be transferred to

 8  a for-profit or not-for-profit entity, and may transfer the

 9  license to that entity.

10         (5)(6)  Notwithstanding s. 400.601(3), at any time

11  after July 1, 1995, any entity entitled to licensure under

12  subsection (4) (5) may obtain a license for up to two

13  additional hospices in accordance with the other requirements

14  of this part and upon receipt of any certificate of need that

15  may be required under the provisions of ss. 408.031-408.045.

16         Section 132.  Section 400.605, Florida Statutes, is

17  amended to read:

18         400.605  Administration; forms; fees; rules;

19  inspections; fines.--

20         (1)  The agency department, in consultation with the

21  department agency, shall by rule establish minimum standards

22  and procedures for a hospice pursuant to this part and part II

23  of chapter 408. The rules must include:

24         (a)  License application procedures and requirements.

25         (a)(b)  The qualifications of professional and

26  ancillary personnel to ensure the provision of appropriate and

27  adequate hospice care.

28         (b)(c)  Standards and procedures for the administrative

29  management of a hospice.

30         (c)(d)  Standards for hospice services that ensure the

31  provision of quality patient care.


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 1         (d)(e)  Components of a patient plan of care.

 2         (e)(f)  Procedures relating to the implementation of

 3  advanced directives and do-not-resuscitate orders.

 4         (f)(g)  Procedures for maintaining and ensuring

 5  confidentiality of patient records.

 6         (g)(h)  Standards for hospice care provided in

 7  freestanding inpatient facilities that are not otherwise

 8  licensed medical facilities and in residential care facilities

 9  such as nursing homes, assisted living facilities, adult

10  family care homes, and hospice residential units and

11  facilities.

12         (h)(i)  Physical plant standards for hospice

13  residential and inpatient facilities and units.

14         (i)(j)  Components of a comprehensive emergency

15  management plan, developed in consultation with the Department

16  of Health, the Department of Elderly Affairs, and the

17  Department of Community Affairs.

18         (j)(k)  Standards and procedures relating to the

19  establishment and activities of a quality assurance and

20  utilization review committee.

21         (k)(l)  Components and procedures relating to the

22  collection of patient demographic data and other information

23  on the provision of hospice care in this state.

24         (2)  In accordance with s. 408.805, an applicant or

25  licensee shall pay a fee for each license application

26  submitted under this part and part II of chapter 408. The

27  amount of the fee shall be established by rule and may not

28  exceed $1,200 per biennium. The agency shall:

29         (a)  Prepare and furnish all forms necessary under the

30  provisions of this part in relation to applications for

31  licensure or licensure renewals.


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 1         (b)  Collect from the applicant at the time of filing

 2  an application for a license or at the time of renewal of a

 3  license a fee which must be reasonably calculated to cover the

 4  cost of regulation under this part, but may not exceed $600

 5  per program. All fees collected under this part shall be

 6  deposited in the Health Care Trust Fund for the administration

 7  of this part.

 8         (c)  Issue hospice licenses to all applicants which

 9  meet the provisions of this part and applicable rules.

10         (3)(d)  In accordance with s. 408.811, the agency shall

11  conduct annual licensure inspections of all licensees, except

12  that licensure inspections may be conducted biennially for

13  hospices having a 3-year record of substantial compliance. The

14  agency shall

15         (e)  conduct such inspections and investigations as are

16  necessary in order to determine the state of compliance with

17  the provisions of this part, part II of chapter 408, and

18  applicable adopted rules.  The right of inspection also

19  extends to any program that the agency has reason to believe

20  is offering or advertising itself as a hospice without a

21  license, but no inspection may be made without the permission

22  of the owner or person in charge thereof unless a warrant is

23  first obtained from a circuit court authorizing such

24  inspection. An application for a license or license renewal

25  made pursuant to this part constitutes permission for an

26  inspection of the hospice for which the license is sought in

27  order to facilitate verification of the information submitted

28  on or in connection with the application.

29         (4)(f)  In accordance with part II of chapter 408, the

30  agency may impose an administrative fine for any violation of

31  


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 1  the provisions of this part, part II of chapter 408, or

 2  applicable rules.

 3         Section 133.  Section 400.606, Florida Statutes, is

 4  amended to read:

 5         400.606  License; application; renewal; conditional

 6  license or permit; certificate of need.--

 7         (1)  A license application must be filed on a form

 8  provided by the agency and must be accompanied by the

 9  appropriate license fee as well as satisfactory proof that the

10  hospice is in compliance with this part and any rules adopted

11  by the department and proof of financial ability to operate

12  and conduct the hospice in accordance with the requirements of

13  this part. The initial application and change-of-ownership

14  application must be accompanied by a plan for the delivery of

15  home, residential, and homelike inpatient hospice services to

16  terminally ill persons and their families.  Such plan must

17  contain, but need not be limited to:

18         (a)  The estimated average number of terminally ill

19  persons to be served monthly.

20         (b)  The geographic area in which hospice services will

21  be available.

22         (c)  A listing of services which are or will be

23  provided, either directly by the applicant or through

24  contractual arrangements with existing providers.

25         (d)  Provisions for the implementation of hospice home

26  care within 3 months after licensure.

27         (e)  Provisions for the implementation of hospice

28  homelike inpatient care within 12 months after licensure.

29         (f)  The number and disciplines of professional staff

30  to be employed.

31  


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 1         (g)  The name and qualifications of any existing or

 2  potential contractee.

 3         (h)  A plan for attracting and training volunteers.

 4         (i)  The projected annual operating cost of the

 5  hospice.

 6         (j)  A statement of financial resources and personnel

 7  available to the applicant to deliver hospice care.

 8  

 9  If the applicant is licensed to operate an existing health

10  care provider, the application must be accompanied by a copy

11  of the most recent profit-loss statement and, if applicable,

12  the most recent licensure inspection report.

13         (2)  Each applicant must submit to the agency with its

14  application a description and explanation of any exclusions,

15  permanent suspensions, or terminations from the Medicaid or

16  Medicare programs of the owner, if an individual; of any

17  officer or board member of the hospice, if the owner is a

18  firm, corporation, partnership, or association; or of any

19  person owning 5 percent or more of the hospice. Proof of

20  compliance with disclosure of ownership and control interest

21  requirements of the Medicaid or Medicare programs may be

22  accepted in lieu of this submission.

23         (2)(3)  A license issued for the operation of a

24  hospice, unless sooner suspended or revoked, shall expire

25  automatically 1 year from the date of issuance.  Sixty days

26  prior to the expiration date, a hospice wishing to renew its

27  license shall submit an application for renewal to the agency

28  on forms furnished by the agency.  The agency shall renew the

29  license if the applicant has first met the requirements

30  established under this part and all applicable rules and has

31  provided the information described under this section in


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 1  addition to the application.  However, The application for

 2  license renewal shall be accompanied by an update of the plan

 3  for delivery of hospice care only if information contained in

 4  the plan submitted pursuant to subsection (1) is no longer

 5  applicable.

 6         (4)  A hospice against which a revocation or suspension

 7  proceeding is pending at the time of license renewal may be

 8  issued a conditional license by the agency effective until

 9  final disposition of such proceeding.  If judicial relief is

10  sought from the final agency action, the court having

11  jurisdiction may issue a conditional permit for the duration

12  of the judicial proceeding.

13         (3)(5)  The agency shall not issue a license to a

14  hospice that fails to receive a certificate of need under the

15  provisions of ss. 408.031-408.045. A licensed hospice is a

16  health care facility as that term is used in s. 408.039(5) and

17  is entitled to initiate or intervene in an administrative

18  hearing.

19         (4)(6)  A freestanding hospice facility that is

20  primarily engaged in providing inpatient and related services

21  and that is not otherwise licensed as a health care facility

22  shall be required to obtain a certificate of need. However, a

23  freestanding hospice facility with six or fewer beds shall not

24  be required to comply with institutional standards such as,

25  but not limited to, standards requiring sprinkler systems,

26  emergency electrical systems, or special lavatory devices.

27         Section 134.  Section 400.6065, Florida Statutes, is

28  amended to read:

29         400.6065  Background screening.--

30         (1)  Upon receipt of a completed application under s.

31  400.606, the agency shall require level 2 background screening


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 1  on each of the following persons, who shall be considered

 2  employees for the purposes of conducting screening under

 3  chapter 435:

 4         (a)  The hospice administrator and financial officer.

 5         (b)  An officer or board member if the hospice is a

 6  firm, corporation, partnership, or association, or any person

 7  owning 5 percent or more of the hospice if the agency has

 8  probable cause to believe that such officer, board member, or

 9  owner has been convicted of any offense prohibited by s.

10  435.04. For each officer, board member, or person owning 5

11  percent or more who has been convicted of any such offense,

12  the hospice shall submit to the agency a description and

13  explanation of the conviction at the time of license

14  application. This paragraph does not apply to a board member

15  of a not-for-profit corporation or organization if the board

16  member serves solely in a voluntary capacity, does not

17  regularly take part in the day-to-day operational decisions of

18  the corporation or organization, receives no remuneration for

19  his or her services, and has no financial interest and has no

20  family members with a financial interest in the corporation or

21  organization, provided that the board member and the

22  corporation or organization submit a statement affirming that

23  the board member's relationship to the corporation or

24  organization satisfies the requirements of this paragraph.

25         (2)  Proof of compliance with level 2 screening

26  standards which has been submitted within the previous 5 years

27  to meet any facility or professional licensure requirements of

28  the agency or the Department of Health satisfies the

29  requirements of this section.

30         (3)  The agency may grant a provisional license to a

31  hospice applying for an initial license when each individual


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 1  required by this section to undergo screening has completed

 2  the Department of Law Enforcement background check, but has

 3  not yet received results from the Federal Bureau of

 4  Investigation.

 5         (1)(4)  The agency shall require employment or

 6  contractor screening as provided in chapter 435, using the

 7  level 1 standards for screening set forth in that chapter, for

 8  hospice personnel.

 9         (2)(5)  The agency may grant exemptions from

10  disqualification from employment under this section as

11  provided in s. 435.07.

12         (6)  The administration of each hospice must sign an

13  affidavit annually, under penalty of perjury, stating that all

14  personnel employed or contracted with on or after October 1,

15  1998, who provide hospice services in a facility, or who enter

16  the home of a patient in their service capacity, have been

17  screened.

18         (3)(7)  Proof of compliance with the screening

19  requirements of chapter 435 shall be accepted in lieu of the

20  requirements of this section if the person has been

21  continuously employed or registered without a breach in

22  service that exceeds 180 days, the proof of compliance is not

23  more than 2 years old, and the person has been screened, at

24  the discretion of the hospice.

25         (4)(8)(a)  It is a misdemeanor of the first degree,

26  punishable under s. 775.082 or s. 775.083, for any person

27  willfully, knowingly, or intentionally to:

28         1.  Fail, by false statement, misrepresentation,

29  impersonation, or other fraudulent means, to disclose in any

30  application for voluntary or paid employment a material fact

31  used in making a determination as to such person's


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 1  qualifications to be employed or contracted with under this

 2  section;

 3         2.  Operate or attempt to operate an entity licensed

 4  under this part with persons who do not meet the minimum

 5  standards for good moral character as contained in this

 6  section; or

 7         2.3.  Use information from the criminal records

 8  obtained under this section for any purpose other than

 9  screening as specified in this section, or release such

10  information to any other person for any purpose other than

11  screening under this section.

12         (b)  It is a felony of the third degree, punishable

13  under s. 775.082, s. 775.083, or s. 775.084, for any person

14  willfully, knowingly, or intentionally to use information from

15  the juvenile records of a person obtained under this section

16  for any purpose other than screening for employment under this

17  section.

18         Section 135.  Section 400.607, Florida Statutes, is

19  amended to read:

20         400.607  Denial, suspension, or revocation of license;

21  imposition of administrative fine; grounds; injunctions.--

22         (1)  The agency may deny or, revoke, or suspend a

23  license, impose a moratorium, or impose an administrative

24  fine, which may not exceed $5,000 per violation, for the

25  violation of any provision of this part, part II of chapter

26  408, or applicable rules in the manner provided in chapter

27  120.

28         (2)  Any of the following actions by a licensed hospice

29  or any of its employees shall be grounds for action by the

30  agency against a hospice:

31  


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 1         (a)  A violation of the provisions of this part or

 2  applicable rules.

 3         (b)  An intentional or negligent act materially

 4  affecting the health or safety of a patient.

 5         (3)  The agency may deny or revoke a license upon a

 6  determination that:

 7         (a)  Persons subject to level 2 background screening

 8  under s. 400.6065 do not meet the screening standards of s.

 9  435.04, and exemptions from disqualification have not been

10  provided by the agency.

11         (b)  An officer, board member, or person owning 5

12  percent or more of the hospice has been excluded, permanently

13  suspended, or terminated from the Medicare or Medicaid

14  programs.

15         (3)(4)  If, 3 months after the date of obtaining a

16  license, or at any time thereafter, a hospice does not have in

17  operation the home-care component of hospice care, the agency

18  shall immediately revoke the license of such hospice.

19         (4)(5)  If, 12 months after the date of obtaining a

20  license pursuant to s. 400.606, or at any time thereafter, a

21  hospice does not have in operation the inpatient components of

22  hospice care, the agency shall immediately revoke the license

23  of such hospice.

24         (6)  The agency may institute a civil action in a court

25  of competent jurisdiction to seek injunctive relief to enforce

26  compliance with this part or any rule adopted pursuant to this

27  part.

28         (5)(7)  The remedies set forth in this section are

29  independent of and cumulative to other remedies provided by

30  law.

31  


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 1         Section 136.  Subsection (8) of section 400.6095,

 2  Florida Statutes, is amended to read:

 3         400.6095  Patient admission; assessment; plan of care;

 4  discharge; death.--

 5         (8)  The hospice care team may withhold or withdraw

 6  cardiopulmonary resuscitation if presented with an order not

 7  to resuscitate executed pursuant to s. 401.45. The agency

 8  department shall adopt rules providing for the implementation

 9  of such orders. Hospice staff shall not be subject to criminal

10  prosecution or civil liability, nor be considered to have

11  engaged in negligent or unprofessional conduct, for

12  withholding or withdrawing cardiopulmonary resuscitation

13  pursuant to such an order and applicable rules adopted by the

14  department. The absence of an order to resuscitate executed

15  pursuant to s. 401.45 does not preclude a physician from

16  withholding or withdrawing cardiopulmonary resuscitation as

17  otherwise permitted by law.

18         Section 137.  Subsection (5) of section 400.617,

19  Florida Statutes, is amended to read:

20         400.617  Legislative intent; purpose.--

21         (5)  Rules of the agency department relating to adult

22  family-care homes shall be as minimal and flexible as possible

23  to ensure the protection of residents while minimizing the

24  obstacles that could inhibit the establishment of adult

25  family-care homes.

26         Section 138.  Section 400.619, Florida Statutes, is

27  amended to read:

28         400.619  Licensure application and renewal.--

29         (1)  The requirements of part II of chapter 408 apply

30  to the provision of services that necessitate licensure

31  pursuant to this part and part II of chapter 408 and to


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 1  entities licensed by or applying for such licensure from the

 2  Agency for Health Care Administration pursuant to this part.

 3  However, an applicant for licensure is exempt from the

 4  provisions of s. 408.810(7), (8), (9), and (10). Each person

 5  who intends to be an adult family-care home provider must

 6  apply for a license from the agency at least 90 days before

 7  the applicant intends to operate the adult family-care home.

 8         (2)  A person who intends to be an adult family-care

 9  home provider must own or rent the adult family-care home that

10  is to be licensed and reside therein.

11         (3)  In accordance with s. 408.805, an applicant or

12  licensee shall pay a fee for each license application

13  submitted under this part and part II of chapter 408. The

14  amount of the fee shall be $200 per biennium. The agency shall

15  notify a licensee at least 120 days before the expiration date

16  that license renewal is required to continue operation. The

17  notification must be provided electronically or by mail

18  delivery. Application for a license or annual license renewal

19  must be made on a form provided by the agency, signed under

20  oath, and must be accompanied by a licensing fee of $100 per

21  year.

22         (4)  Upon receipt of a completed license application or

23  license renewal, and the fee, the agency shall initiate a

24  level 1 background screening as provided under chapter 435 on

25  the adult family-care home provider, the designated relief

26  person, all adult household members, and all staff members.

27  The applicant or licensee is responsible for paying the fees

28  associated with obtaining the required screening. The agency

29  shall conduct an onsite visit to the home that is to be

30  licensed.

31  


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 1         (a)  Proof of compliance with level 1 screening

 2  standards which has been submitted within the previous 5 years

 3  to meet any facility or professional licensure requirements of

 4  the agency or the Department of Health satisfies the

 5  requirements of this subsection. Such proof must be

 6  accompanied, under penalty of perjury, by a copy of the

 7  person's current professional license and an affidavit of

 8  current compliance with the background screening requirements.

 9         (b)  The person required to be screened must have been

10  continuously employed in the same type of occupation for which

11  the person is seeking employment without a breach in service

12  that exceeds 180 days, and proof of compliance with the level

13  1 screening requirement which is no more than 2 years old must

14  be provided. Proof of compliance shall be provided directly

15  from one employer or contractor to another, and not from the

16  person screened. Upon request, a copy of screening results

17  shall be provided to the person screened by the employer

18  retaining documentation of the screening.

19         (5)  The application must be accompanied by a

20  description and explanation of any exclusions, permanent

21  suspensions, or terminations of the applicant from

22  participation in the Medicaid or Medicare programs or any

23  other governmental health care or health insurance program.

24         (5)(6)  Unless the adult family-care home is a

25  community residential home subject to chapter 419, the

26  applicant must provide documentation, signed by the

27  appropriate governmental official, that the home has met local

28  zoning requirements for the location for which the license is

29  sought.

30         (6)(7)  Access to a licensed adult family-care home

31  must be provided at reasonable times for the appropriate


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 1  officials of the department, the Department of Health, the

 2  Department of Children and Family Services, the agency, and

 3  the State Fire Marshal, who are responsible for the

 4  development and maintenance of fire, health, sanitary, and

 5  safety standards, to inspect the facility to assure compliance

 6  with these standards.  In addition, access to a licensed adult

 7  family-care home must be provided at reasonable times for the

 8  local long-term care ombudsman council.

 9         (8)  A license is effective for 1 year after the date

10  of issuance unless revoked sooner.  Each license must state

11  the name of the provider, the address of the home to which the

12  license applies, and the maximum number of residents of the

13  home.  Failure to timely file a license renewal application

14  shall result in a late fee equal to 50 percent of the license

15  fee.

16         (9)  A license is not transferable or applicable to any

17  location or person other than the location and person

18  indicated on the license.

19         (7)(10)  The licensed maximum capacity of each adult

20  family-care home is based on the service needs of the

21  residents and the capability of the provider to meet the needs

22  of the residents. Any relative who lives in the adult

23  family-care home and who is a disabled adult or frail elder

24  must be included in that limitation.

25         (8)(11)  Each adult family-care home must designate at

26  least one licensed space for a resident receiving optional

27  state supplementation.  The Department of Children and Family

28  Services shall specify by rule the procedures to be followed

29  for referring residents who receive optional state

30  supplementation to adult family-care homes.  Those homes

31  licensed as adult foster homes or assisted living facilities


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 1  prior to January 1, 1994, that convert to adult family-care

 2  homes, are exempt from this requirement.

 3         (9)(12)  The agency may issue a conditional license to

 4  a provider for the purpose of bringing the adult family-care

 5  home into compliance with licensure requirements.  A

 6  conditional license must be limited to a specific period, not

 7  exceeding 6 months.  The agency department shall, by rule,

 8  establish criteria for issuing conditional licenses.

 9         (13)  All moneys collected under this section must be

10  deposited into the Department of Elderly Affairs

11  Administrative Trust Fund and used to offset the expenses of

12  departmental training and education for adult family-care home

13  providers.

14         (10)(14)  The agency department may adopt rules to

15  establish procedures, identify forms, specify documentation,

16  and clarify terms, as necessary, to administer this section

17  and part II of chapter 408.

18         Section 139.  Section 400.6194, Florida Statutes, is

19  amended to read:

20         400.6194  Denial or, revocation, or suspension of a

21  license.--In addition to the requirements of part II of

22  chapter 408, the agency may deny, suspend, or revoke a license

23  for any of the following reasons:

24         (1)  Failure of any of the persons required to undergo

25  background screening under s. 400.619 to meet the level 1

26  screening standards of s. 435.03, unless an exemption from

27  disqualification has been provided by the agency.

28         (2)  An intentional or negligent act materially

29  affecting the health, safety, or welfare of the adult

30  family-care home residents.

31  


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 1         (3)  Submission of fraudulent information or omission

 2  of any material fact on a license application or any other

 3  document required by the agency.

 4         (4)  Failure to pay an administrative fine assessed

 5  under this part.

 6         (5)  A violation of this part or adopted rules which

 7  results in conditions or practices that directly threaten the

 8  physical or emotional health, safety, or welfare of residents.

 9         (2)(6)  Failure to correct cited fire code violations

10  that threaten the health, safety, or welfare of residents.

11         (7)  Failure to submit a completed initial license

12  application or to complete an application for license renewal

13  within the specified timeframes.

14         (8)  Exclusion, permanent suspension, or termination of

15  the provider from the Medicare or Medicaid program.

16         Section 140.  Section 400.6196, Florida Statutes, is

17  amended to read:

18         400.6196  Classification of deficiencies;

19  administrative fines Violations; penalties.--

20         (1)  In accordance with part II of chapter 408, and in

21  addition to any other liability or penalty provided by law,

22  the agency may impose an administrative fine against a civil

23  penalty on a provider according to the following

24  classification for a violation of any provision of this part,

25  part II of chapter 408, or applicable rules:

26         (a)  Class I violations are those conditions or

27  practices related to the operation and maintenance of an adult

28  family-care home or to the care of residents which the agency

29  determines present an imminent danger to the residents or

30  guests of the facility or a substantial probability that death

31  or serious physical or emotional harm would result therefrom.


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 1  The condition or practice that constitutes a class I violation

 2  must be abated or eliminated within 24 hours, unless a fixed

 3  period, as determined by the agency, is required for

 4  correction. A class I deficiency is subject to an

 5  administrative fine in an amount not less than $500 and not

 6  exceeding $1,000 for each violation. A fine may be levied

 7  notwithstanding the correction of the deficiency.

 8         (b)  Class II violations are those conditions or

 9  practices related to the operation and maintenance of an adult

10  family-care home or to the care of residents which the agency

11  determines directly threaten the physical or emotional health,

12  safety, or security of the residents, other than class I

13  violations. A class II violation is subject to an

14  administrative fine in an amount not less than $250 and not

15  exceeding $500 for each violation. A citation for a class II

16  violation must specify the time within which the violation is

17  required to be corrected. If a class II violation is corrected

18  within the time specified, no civil penalty shall be imposed,

19  unless it is a repeated offense.

20         (c)  Class III violations are those conditions or

21  practices related to the operation and maintenance of an adult

22  family-care home or to the care of residents which the agency

23  determines indirectly or potentially threaten the physical or

24  emotional health, safety, or security of residents, other than

25  class I or class II violations. A class III violation is

26  subject to an administrative fine in an amount not less than

27  $100 and not exceeding $250 for each violation. A citation for

28  a class III violation shall specify the time within which the

29  violation is required to be corrected. If a class III

30  violation is corrected within the time specified, no civil

31  penalty shall be imposed, unless it is a repeated offense.


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 1         (d)  Class IV violations are those conditions or

 2  occurrences related to the operation and maintenance of an

 3  adult family-care home, or related to the required reports,

 4  forms, or documents, which do not have the potential of

 5  negatively affecting the residents. A provider that does not

 6  correct a class IV violation within the time limit specified

 7  by the agency is subject to an administrative fine in an

 8  amount not less than $50 and not exceeding $100 for each

 9  violation. Any class IV violation that is corrected during the

10  time the agency survey is conducted will be identified as an

11  agency finding and not as a violation.

12         (2)  The agency may impose an administrative fine for

13  violations which do not qualify as class I, class II, class

14  III, or class IV violations. The amount of the fine shall not

15  exceed $250 for each violation or $2,000 in the aggregate.

16  Unclassified violations include:

17         (a)  Violating any term or condition of a license.

18         (b)  Violating any provision of rule adopted under this

19  part, part II of chapter 408, or applicable rules.

20         (c)  Failure to follow the criteria and procedures

21  provided under part I of chapter 394 relating to the

22  transportation, voluntary admission, and involuntary

23  examination of adult family-care home residents.

24         (d)  Exceeding licensed capacity.

25         (e)  Providing services beyond the scope of the

26  license.

27         (f)  Violating a moratorium.

28         (3)  Each day during which a violation occurs

29  constitutes a separate offense.

30  

31  


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 1         (3)(4)  In determining whether a penalty is to be

 2  imposed, and in fixing the amount of any penalty to be

 3  imposed, the agency must consider:

 4         (a)  The gravity of the violation.

 5         (b)  Actions taken by the provider to correct a

 6  violation.

 7         (c)  Any previous violation by the provider.

 8         (d)  The financial benefit to the provider of

 9  committing or continuing the violation.

10         (4)(5)  As an alternative to or in conjunction with an

11  administrative action against a provider, the agency may

12  request a plan of corrective action that demonstrates a good

13  faith effort to remedy each violation by a specific date,

14  subject to the approval of the agency.

15         (5)(6)  The department shall set forth, by rule, notice

16  requirements and procedures for correction of deficiencies.

17         (7)  Civil penalties paid by a provider must be

18  deposited into the Department of Elderly Affairs

19  Administrative Trust Fund and used to offset the expenses of

20  departmental training and education for adult family-care home

21  providers.

22         (8)  The agency may impose an immediate moratorium on

23  admissions to any adult family-care home if the agency finds

24  that a condition in the home presents a threat to the health,

25  safety, or welfare of its residents. The department may by

26  rule establish facility conditions that constitute grounds for

27  imposing a moratorium and establish procedures for imposing

28  and lifting a moratorium.

29         Section 141.  Section 400.621, Florida Statutes, is

30  amended to read:

31  


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 1         400.621  Rules and standards relating to adult

 2  family-care homes.--

 3         (1)  The agency department, in consultation with the

 4  Department of Health, the Department of Children and Family

 5  Services, and the department agency shall, by rule, establish

 6  minimum standards to ensure the health, safety, and well-being

 7  of each resident in the adult family-care home pursuant to

 8  this part and part II of chapter 408. The rules must address:

 9         (a)  Requirements for the physical site of the facility

10  and facility maintenance.

11         (b)  Services that must be provided to all residents of

12  an adult family-care home and standards for such services,

13  which must include, but need not be limited to:

14         1.  Room and board.

15         2.  Assistance necessary to perform the activities of

16  daily living.

17         3.  Assistance necessary to administer medication.

18         4.  Supervision of residents.

19         5.  Health monitoring.

20         6.  Social and leisure activities.

21         (c)  Standards and procedures for license application

22  and annual license renewal, advertising, proper management of

23  each resident's funds and personal property and personal

24  affairs, financial ability to operate, medication management,

25  inspections, complaint investigations, and facility, staff,

26  and resident records.

27         (d)  Qualifications, training, standards, and

28  responsibilities for providers and staff.

29         (e)  Compliance with chapter 419, relating to community

30  residential homes.

31  


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 1         (f)  Criteria and procedures for determining the

 2  appropriateness of a resident's placement and continued

 3  residency in an adult family-care home.  A resident who

 4  requires 24-hour nursing supervision may not be retained in an

 5  adult family-care home unless such resident is an enrolled

 6  hospice patient and the resident's continued residency is

 7  mutually agreeable to the resident and the provider.

 8         (g)  Procedures for providing notice and assuring the

 9  least possible disruption of residents' lives when residents

10  are relocated, an adult family-care home is closed, or the

11  ownership of an adult family-care home is transferred.

12         (h)  Procedures to protect the residents' rights as

13  provided in s. 400.628.

14         (i)  Procedures to promote the growth of adult

15  family-care homes as a component of a long-term care system.

16         (j)  Procedures to promote the goal of aging in place

17  for residents of adult family-care homes.

18         (2)  The agency department shall by rule provide

19  minimum standards and procedures for emergencies. Pursuant to

20  s. 633.022, the State Fire Marshal, in consultation with the

21  department and the agency, shall adopt uniform firesafety

22  standards for adult family-care homes.

23         (3)  The agency department shall adopt rules providing

24  for the implementation of orders not to resuscitate. The

25  provider may withhold or withdraw cardiopulmonary

26  resuscitation if presented with an order not to resuscitate

27  executed pursuant to s. 401.45. The provider shall not be

28  subject to criminal prosecution or civil liability, nor be

29  considered to have engaged in negligent or unprofessional

30  conduct, for withholding or withdrawing cardiopulmonary

31  


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 1  resuscitation pursuant to such an order and applicable rules

 2  adopted by the department.

 3         (4)  The provider of any adult family-care home that is

 4  in operation at the time any rules are adopted or amended

 5  under this part may be given a reasonable time, not exceeding

 6  6 months, within which to comply with the new or revised rules

 7  and standards.

 8         Section 142.  Subsection (3) of section 400.6211,

 9  Florida Statutes, is amended to read:

10         400.6211  Training and education programs.--

11         (3)  Effective January 1, 2004, providers must complete

12  the training and education program within a reasonable time

13  determined by the agency department. Failure to complete the

14  training and education program within the time set by the

15  agency department is a violation of this part and subjects the

16  provider to revocation of the license.

17         Section 143.  Section 400.622, Florida Statutes, is

18  repealed.

19         Section 144.  Subsection (2) of section 400.625,

20  Florida Statutes, is amended to read:

21         400.625  Residency agreements.--

22         (2)  Each residency agreement must specify the personal

23  care and accommodations to be provided by the adult

24  family-care home, the rates or charges, a requirement of at

25  least 30 days' notice before a rate increase, and any other

26  provisions required by rule of the agency department.

27         Section 145.  Section 400.801, Florida Statutes, is

28  amended to read:

29         400.801  Homes for special services.--

30         (1)  As used in this section, the term:

31  


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 1         (a)  "Agency" means the "Agency for Health Care

 2  Administration."

 3         (b)  "Home for special services" means a site where

 4  specialized health care services are provided, including

 5  personal and custodial care, but not continuous nursing

 6  services.

 7         (2)  The requirements of part II of chapter 408 apply

 8  to the provision of services that necessitate licensure

 9  pursuant to this section and part II of chapter 408 and to

10  entities licensed by or applying for such licensure from the

11  Agency for Health Care Administration pursuant to this

12  section. However, an applicant for licensure is exempt from

13  the provisions of s. 408.810(7), (8), (9), and (10). A person

14  must obtain a license from the agency to operate a home for

15  special services.  A license is valid for 1 year.

16         (3)  In accordance with s. 408.805, an applicant or

17  licensee shall pay a fee for each license application

18  submitted under this section and part II of chapter 408. The

19  amount of the fee shall be established by rule and may not be

20  more than $2,000 per biennium. The application for a license

21  under this section must be made on a form provided by the

22  agency.  A nonrefundable license fee of not more than $1,000

23  must be submitted with the license application.

24         (4)  Each applicant for licensure must comply with the

25  following requirements:

26         (a)  Upon receipt of a completed, signed, and dated

27  application, the agency shall require background screening, in

28  accordance with the level 2 standards for screening set forth

29  in chapter 435, of the managing employee, or other similarly

30  titled individual who is responsible for the daily operation

31  of the facility, and of the financial officer, or other


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 1  similarly titled individual who is responsible for the

 2  financial operation of the facility, including billings for

 3  client care and services, in accordance with the level 2

 4  standards for screening set forth in chapter 435.  The

 5  applicant must comply with the procedures for level 2

 6  background screening as set forth in chapter 435.

 7         (b)  The agency may require background screening of any

 8  other individual who is an applicant if the agency has

 9  probable cause to believe that he or she has been convicted of

10  a crime or has committed any other offense prohibited under

11  the level 2 standards for screening set forth in chapter 435.

12         (c)  Proof of compliance with the level 2 background

13  screening requirements of chapter 435 which has been submitted

14  within the previous 5 years in compliance with any other

15  health care or assisted living licensure requirements of this

16  state is acceptable in fulfillment of the requirements of

17  paragraph (a).

18         (d)  A provisional license may be granted to an

19  applicant when each individual required by this section to

20  undergo background screening has met the standards for the

21  Department of Law Enforcement background check, but the agency

22  has not yet received background screening results from the

23  Federal Bureau of Investigation, or a request for a

24  disqualification exemption has been submitted to the agency as

25  set forth in chapter 435, but a response has not yet been

26  issued. A standard license may be granted to the applicant

27  upon the agency's receipt of a report of the results of the

28  Federal Bureau of Investigation background screening for each

29  individual required by this section to undergo background

30  screening which confirms that all standards have been met, or

31  upon the granting of a disqualification exemption by the


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 1  agency as set forth in chapter 435. Any other person who is

 2  required to undergo level 2 background screening may serve in

 3  his or her capacity pending the agency's receipt of the report

 4  from the Federal Bureau of Investigation. However, the person

 5  may not continue to serve if the report indicates any

 6  violation of background screening standards and a

 7  disqualification exemption has not been requested of and

 8  granted by the agency as set forth in chapter 435.

 9         (e)  Each applicant must submit to the agency, with its

10  application, a description and explanation of any exclusions,

11  permanent suspensions, or terminations of the applicant from

12  the Medicare or Medicaid programs. Proof of compliance with

13  the requirements for disclosure of ownership and control

14  interests under the Medicaid or Medicare programs may be

15  accepted in lieu of this submission.

16         (f)  Each applicant must submit to the agency a

17  description and explanation of any conviction of an offense

18  prohibited under the level 2 standards of chapter 435 by a

19  member of the board of directors of the applicant, its

20  officers, or any individual owning 5 percent or more of the

21  applicant. This requirement does not apply to a director of a

22  not-for-profit corporation or organization if the director

23  serves solely in a voluntary capacity for the corporation or

24  organization, does not regularly take part in the day-to-day

25  operational decisions of the corporation or organization,

26  receives no remuneration for his or her services on the

27  corporation or organization's board of directors, and has no

28  financial interest and has no family members with a financial

29  interest in the corporation or organization, provided that the

30  director and the not-for-profit corporation or organization

31  include in the application a statement affirming that the


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 1  director's relationship to the corporation satisfies the

 2  requirements of this paragraph.

 3         (g)  A license may not be granted to an applicant if

 4  the applicant or managing employee has been found guilty of,

 5  regardless of adjudication, or has entered a plea of nolo

 6  contendere or guilty to, any offense prohibited under the

 7  level 2 standards for screening set forth in chapter 435,

 8  unless an exemption from disqualification has been granted by

 9  the agency as set forth in chapter 435.

10         (h)  The agency may deny or revoke licensure if the

11  applicant:

12         1.  Has falsely represented a material fact in the

13  application required by paragraph (e) or paragraph (f), or has

14  omitted any material fact from the application required by

15  paragraph (e) or paragraph (f); or

16         2.  Has had prior action taken against the applicant

17  under the Medicaid or Medicare program as set forth in

18  paragraph (e).

19         (i)  An application for license renewal must contain

20  the information required under paragraphs (e) and (f).

21         (5)  Application for license renewal must be submitted

22  90 days before the expiration of the license.

23         (6)  A change of ownership or control of a home for

24  special services must be reported to the agency in writing at

25  least 60 days before the change is scheduled to take effect.

26         (4)(7)  The agency may shall adopt rules for

27  implementing and enforcing this section and part II of chapter

28  408.

29         (8)(a)  It is unlawful for any person to establish,

30  conduct, manage, or operate a home for special services

31  without obtaining a license from the agency.


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 1         (b)  It is unlawful for any person to offer or

 2  advertise to the public, in any medium whatever, specialized

 3  health care services without obtaining a license from the

 4  agency.

 5         (c)  It is unlawful for a holder of a license issued

 6  under this section to advertise or represent to the public

 7  that it holds a license for a type of facility other than the

 8  facility for which its license is issued.

 9         (5)(9)(a)  In accordance with part II of chapter 408, a

10  violation of any provision of this section, part II of chapter

11  408, or applicable rules adopted by the agency for

12  implementing this section is punishable by payment of an

13  administrative fine not to exceed $5,000.

14         (b)  A violation of subsection (8) or rules adopted

15  under that subsection is a misdemeanor of the first degree,

16  punishable as provided in s. 775.082 or s. 775.083.  Each day

17  of continuing violation is a separate offense.

18         Section 146.  Section 400.805, Florida Statutes, is

19  amended to read:

20         400.805  Transitional living facilities.--

21         (1)  As used in this section, the term:

22         (a)  "Agency" means the Agency for Health Care

23  Administration.

24         (b)  "Department" means the Department of Health.

25         (c)  "Transitional living facility" means a site where

26  specialized health care services are provided, including, but

27  not limited to, rehabilitative services, community reentry

28  training, aids for independent living, and counseling to

29  spinal-cord-injured persons and head-injured persons.  This

30  term does not include a hospital licensed under chapter 395 or

31  any federally operated hospital or facility.


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 1         (2)(a)  The requirements of part II of chapter 408

 2  apply to the provision of services that necessitate licensure

 3  pursuant to this section and part II of chapter 408 and to

 4  entities licensed by or applying for such licensure from the

 5  Agency for Health Care Administration pursuant to this

 6  section. However, an applicant for licensure is exempt from

 7  the provisions of s. 408.810(7), (8), (9), and (10). A person

 8  must obtain a license from the agency to operate a

 9  transitional living facility.  A license issued under this

10  section is valid for 1 year.

11         (b)  In accordance with s. 408.805, an applicant or

12  licensee shall pay a fee for each license application

13  submitted under this section and part II of chapter 408. The

14  fee shall be comprised of a license fee of $4,000 per biennium

15  and a fee of $78.50 for each bed per biennium, unless modified

16  by rule. The application for a license must be made on a form

17  provided by the agency.  A nonrefundable license fee of $2,000

18  and a fee of up to $39.25 per bed must be submitted with the

19  license application.

20         (c)  The agency may not issue a license to an applicant

21  until the agency receives notice from the department as

22  provided in paragraph (6)(b).

23         (3)  Each applicant for licensure must comply with the

24  following requirements:

25         (a)  Upon receipt of a completed, signed, and dated

26  application, the agency shall require background screening, in

27  accordance with the level 2 standards for screening set forth

28  in chapter 435, of the managing employee, or other similarly

29  titled individual who is responsible for the daily operation

30  of the facility, and of the financial officer, or other

31  similarly titled individual who is responsible for the


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 1  financial operation of the facility, including billings for

 2  client care and services. The applicant must comply with the

 3  procedures for level 2 background screening as set forth in

 4  chapter 435.

 5         (b)  The agency may require background screening of any

 6  other individual who is an applicant if the agency has

 7  probable cause to believe that he or she has been convicted of

 8  a crime or has committed any other offense prohibited under

 9  the level 2 standards for screening set forth in chapter 435.

10         (c)  Proof of compliance with the level 2 background

11  screening requirements of chapter 435 which has been submitted

12  within the previous 5 years in compliance with any other

13  health care or assisted living licensure requirements of this

14  state is acceptable in fulfillment of the requirements of

15  paragraph (a).

16         (d)  A provisional license may be granted to an

17  applicant when each individual required by this section to

18  undergo background screening has met the standards for the

19  Department of Law Enforcement background check, but the agency

20  has not yet received background screening results from the

21  Federal Bureau of Investigation, or a request for a

22  disqualification exemption has been submitted to the agency as

23  set forth in chapter 435, but a response has not yet been

24  issued. A standard license may be granted to the applicant

25  upon the agency's receipt of a report of the results of the

26  Federal Bureau of Investigation background screening for each

27  individual required by this section to undergo background

28  screening which confirms that all standards have been met, or

29  upon the granting of a disqualification exemption by the

30  agency as set forth in chapter 435. Any other person who is

31  required to undergo level 2 background screening may serve in


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 1  his or her capacity pending the agency's receipt of the report

 2  from the Federal Bureau of Investigation. However, the person

 3  may not continue to serve if the report indicates any

 4  violation of background screening standards and a

 5  disqualification exemption has not been requested of and

 6  granted by the agency as set forth in chapter 435.

 7         (e)  Each applicant must submit to the agency, with its

 8  application, a description and explanation of any exclusions,

 9  permanent suspensions, or terminations of the applicant from

10  the Medicare or Medicaid programs. Proof of compliance with

11  the requirements for disclosure of ownership and control

12  interests under the Medicaid or Medicare programs may be

13  accepted in lieu of this submission.

14         (f)  Each applicant must submit to the agency a

15  description and explanation of any conviction of an offense

16  prohibited under the level 2 standards of chapter 435 by a

17  member of the board of directors of the applicant, its

18  officers, or any individual owning 5 percent or more of the

19  applicant. This requirement does not apply to a director of a

20  not-for-profit corporation or organization if the director

21  serves solely in a voluntary capacity for the corporation or

22  organization, does not regularly take part in the day-to-day

23  operational decisions of the corporation or organization,

24  receives no remuneration for his or her services on the

25  corporation or organization's board of directors, and has no

26  financial interest and has no family members with a financial

27  interest in the corporation or organization, provided that the

28  director and the not-for-profit corporation or organization

29  include in the application a statement affirming that the

30  director's relationship to the corporation satisfies the

31  requirements of this paragraph.


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 1         (g)  A license may not be granted to an applicant if

 2  the applicant or managing employee has been found guilty of,

 3  regardless of adjudication, or has entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under the

 5  level 2 standards for screening set forth in chapter 435,

 6  unless an exemption from disqualification has been granted by

 7  the agency as set forth in chapter 435.

 8         (h)  The agency may deny or revoke licensure if the

 9  applicant:

10         1.  Has falsely represented a material fact in the

11  application required by paragraph (e) or paragraph (f), or has

12  omitted any material fact from the application required by

13  paragraph (e) or paragraph (f); or

14         2.  Has had prior action taken against the applicant

15  under the Medicaid or Medicare program as set forth in

16  paragraph (e).

17         (i)  An application for license renewal must contain

18  the information required under paragraphs (e) and (f).

19         (4)  An application for renewal of license must be

20  submitted 90 days before the expiration of the license.  Upon

21  renewal of licensure, each applicant must submit to the

22  agency, under penalty of perjury, an affidavit as set forth in

23  paragraph (3)(d).

24         (5)  A change of ownership or control of a transitional

25  living facility must be reported to the agency in writing at

26  least 60 days before the change is scheduled to take effect.

27         (3)(6)(a)  The agency shall adopt rules in consultation

28  with the department governing the physical plant of

29  transitional living facilities and the fiscal management of

30  transitional living facilities.

31  


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 1         (b)  The department shall adopt rules in consultation

 2  with the agency governing the services provided to clients of

 3  transitional living facilities. The department shall enforce

 4  all requirements for providing services to the facility's

 5  clients.  The department must notify the agency when it

 6  determines that an applicant for licensure meets the service

 7  requirements adopted by the department.

 8         (c)  The agency and the department shall enforce

 9  requirements under this section, as such requirements relate

10  to them respectively, and their respective adopted rules.

11         (7)(a)  It is unlawful for any person to establish,

12  conduct, manage, or operate a transitional living facility

13  without obtaining a license from the agency.

14         (b)  It is unlawful for any person to offer or

15  advertise to the public, in any medium whatever, services or

16  care defined in paragraph (1)(c) without obtaining a license

17  from the agency.

18         (c)  It is unlawful for a holder of a license issued

19  under this section to advertise or represent to the public

20  that it holds a license for a type of facility other than the

21  facility for which its license is issued.

22         (4)(8)  Any designated officer or employee of the

23  agency, of the state, or of the local fire marshal may enter

24  unannounced upon and into the premises of any facility

25  licensed under this section in order to determine the state of

26  compliance with this section and the rules or standards in

27  force under this section. The right of entry and inspection

28  also extends to any premises that the agency has reason to

29  believe are being operated or maintained as a facility without

30  a license; but such an entry or inspection may not be made

31  without the permission of the owner or person in charge of the


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 1  facility unless a warrant that authorizes the entry is first

 2  obtained from the circuit court. The warrant requirement

 3  extends only to a facility that the agency has reason to

 4  believe is being operated or maintained as a facility without

 5  a license. An application for a license or renewal thereof

 6  which is made under this section constitutes permission for,

 7  and acquiescence in, any entry or inspection of the premises

 8  for which the license is sought, in order to facilitate

 9  verification of the information submitted on or in connection

10  with the application; to discover, investigate, and determine

11  the existence of abuse or neglect; or to elicit, receive,

12  respond to, and resolve complaints. A current valid license

13  constitutes unconditional permission for, and acquiescence in,

14  any entry or inspection of the premises by authorized

15  personnel. The agency retains the right of entry and

16  inspection of facilities that have had a license revoked or

17  suspended within the previous 24 months, to ensure that the

18  facility is not operating unlawfully. However, before the

19  facility is entered, a statement of probable cause must be

20  filed with the director of the agency, who must approve or

21  disapprove the action within 48 hours. Probable cause

22  includes, but is not limited to, evidence that the facility

23  holds itself out to the public as a provider of personal

24  assistance services, or the receipt by the advisory council on

25  brain and spinal cord injuries of a complaint about the

26  facility.

27         (5)(9)  The agency may institute injunctive proceedings

28  in a court of competent jurisdiction for temporary or

29  permanent relief to:

30         (a)  Enforce this section or any minimum standard,

31  rule, or order issued pursuant thereto if the agency's effort


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 1  to correct a violation through administrative fines has failed

 2  or when the violation materially affects the health, safety,

 3  or welfare of residents; or

 4         (b)  Terminate the operation of a facility if a

 5  violation of this section or of any standard or rule adopted

 6  pursuant thereto exists which materially affects the health,

 7  safety, or welfare of residents.

 8  

 9  The Legislature recognizes that, in some instances, action is

10  necessary to protect residents of facilities from immediately

11  life-threatening situations. If it appears by competent

12  evidence or a sworn, substantiated affidavit that a temporary

13  injunction should issue, the court, pending the determination

14  on final hearing, shall enjoin operation of the facility.

15         (10)  The agency may impose an immediate moratorium on

16  admissions to a facility when the agency determines that any

17  condition in the facility presents a threat to the health,

18  safety, or welfare of the residents in the facility. If a

19  facility's license is denied, revoked, or suspended, the

20  facility may be subject to the immediate imposition of a

21  moratorium on admissions to run concurrently with licensure

22  denial, revocation, or suspension.

23         (6)(11)(a)  In accordance with part II of chapter 408,

24  a violation of any provision of this section, part II of

25  chapter 408, or applicable rules adopted by the agency or

26  department under this section is punishable by payment of an

27  administrative or a civil penalty fine not to exceed $5,000.

28         (b)  A violation of subsection (7) or rules adopted

29  under that subsection is a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.  Each day

31  of a continuing violation is a separate offense.


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 1         Section 147.  Subsection (4) of section 400.902,

 2  Florida Statutes, is amended to read:

 3         400.902  Definitions.--As used in this part, the term:

 4         (4)  "Owner or operator" means a licensee any

 5  individual who has general administrative charge of a PPEC

 6  center.

 7         Section 148.  Subsection (3) is added to section

 8  400.903, Florida Statutes, to read:

 9         400.903  PPEC centers to be licensed; exemptions.--

10         (3)  The requirements of part II of chapter 408 apply

11  to the provision of services that necessitate licensure

12  pursuant to this part and part II of chapter 408 and to

13  entities licensed by or applying for such licensure from the

14  Agency for Health Care Administration pursuant to this part.

15  However, an applicant for licensure is exempt from the

16  provisions of s. 408.810(10).

17         Section 149.  Section 400.905, Florida Statutes, is

18  amended to read:

19         400.905  License required; fee; exemption; display.--

20         (1)(a)  It is unlawful to operate or maintain a PPEC

21  center without first obtaining from the agency a license

22  authorizing such operation.  The agency is responsible for

23  licensing PPEC centers in accordance with the provisions of

24  this part.

25         (b)  Any person who violates paragraph (a) is guilty of

26  a felony of the third degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         (1)(2)  Separate licenses are required for PPEC centers

29  maintained on separate premises, even though they are operated

30  under the same management. Separate licenses are not required

31  for separate buildings on the same grounds.


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 1         (2)(3)  In accordance with s. 408.805, an applicant or

 2  licensee shall pay a fee for each license application

 3  submitted under this part and part II of chapter 408. The

 4  amount of the fee shall be established by rule and may not be

 5  less than $1,000 or more than $3,000 per biennium. The annual

 6  license fee required of a PPEC center shall be in an amount

 7  determined by the agency to be sufficient to cover the

 8  agency's costs in carrying out its responsibilities under this

 9  part, but shall not be less than $500 or more than $1,500.

10         (3)(4)  County-operated or municipally operated PPEC

11  centers applying for licensure under this part are exempt from

12  the payment of license fees.

13         (5)  The license shall be displayed in a conspicuous

14  place inside the PPEC center.

15         (6)  A license shall be valid only in the possession of

16  the individual, firm, partnership, association, or corporation

17  to whom it is issued and shall not be subject to sale,

18  assignment, or other transfer, voluntary or involuntary; nor

19  shall a license be valid for any premises other than that for

20  which originally issued.

21         (7)  Any license granted by the agency shall state the

22  maximum capacity of the facility, the date the license was

23  issued, the expiration date of the license, and any other

24  information deemed necessary by the agency.

25         Section 150.  Section 400.906, Florida Statutes, is

26  repealed.

27         Section 151.  Section 400.907, Florida Statutes, is

28  amended to read:

29         400.907  Denial or, suspension, revocation of

30  licensure; administrative fines; grounds.--

31  


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 1         (1)  In accordance with part II of chapter 408, the

 2  agency may deny or, revoke, or suspend a license or impose an

 3  administrative fine for a violation of any provision of this

 4  part, part II of chapter 408, or applicable rules in the

 5  manner provided in chapter 120.

 6         (2)  Any of the following actions by a PPEC center or

 7  its employee is grounds for action by the agency against a

 8  PPEC center or its employee:

 9         (a)  An intentional or negligent act materially

10  affecting the health or safety of children in the PPEC center.

11         (b)  A violation of the provisions of this part, part

12  II of chapter 408, or applicable rules or of any standards or

13  rules adopted pursuant to this part.

14         (c)  Multiple and repeated violations of this part or

15  of minimum standards or rules adopted pursuant to this part.

16         (3)  The agency shall be responsible for all

17  investigations and inspections conducted pursuant to this

18  part.

19         Section 152.  Section 400.908, Florida Statutes, is

20  amended to read:

21         400.908  Administrative fines; disposition of fees and

22  fines.--

23         (1)(a)  If the agency determines that a PPEC center is

24  being operated without a license or is otherwise not in

25  compliance with rules adopted under this part, part II of

26  chapter 408, or applicable rules, the agency, notwithstanding

27  any other administrative action it takes, shall make a

28  reasonable attempt to discuss each violation and recommended

29  corrective action with the owner of the PPEC center prior to

30  written notification thereof.  The agency may request that the

31  PPEC center submit a corrective action plan which demonstrates


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 1  a good faith effort to remedy each violation by a specific

 2  date, subject to the approval of the agency.

 3         (b)  In accordance with part II of chapter 408, the

 4  agency may fine a PPEC center or employee found in violation

 5  of rules adopted pursuant to this part, part II of chapter

 6  408, or applicable rules in an amount not to exceed $500 for

 7  each violation.  Such fine may not exceed $5,000 in the

 8  aggregate.

 9         (c)  The failure to correct a violation by the date set

10  by the agency, or the failure to comply with an approved

11  corrective action plan, is a separate violation for each day

12  such failure continues, unless the agency approves an

13  extension to a specific date.

14         (d)  If a PPEC center desires to appeal any agency

15  action under this section and the fine is upheld, the violator

16  shall pay the fine, plus interest at the legal rate specified

17  in s. 687.01, for each day beyond the date set by the agency

18  for payment of the fine.

19         (2)  In determining if a fine is to be imposed and in

20  fixing the amount of any fine, the agency shall consider the

21  following factors:

22         (a)  The gravity of the violation, including the

23  probability that death or serious physical or emotional harm

24  to a child will result or has resulted, the severity of the

25  actual or potential harm, and the extent to which the

26  provisions of the applicable statutes or rules were violated.

27         (b)  Actions taken by the owner or operator to correct

28  violations.

29         (c)  Any previous violations.

30         (d)  The financial benefit to the PPEC center of

31  committing or continuing the violation.


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 1         (3)  Fees and fines received by the agency under this

 2  part shall be deposited in the Health Care Trust Fund created

 3  in s. 408.16.

 4         Section 153.  Sections 400.910 and 400.911, Florida

 5  Statutes, are repealed.

 6         Section 154.  Section 400.912, Florida Statutes, is

 7  amended to read:

 8         400.912  Closing of a PPEC center.--

 9         (1)  Whenever a PPEC center voluntarily discontinues

10  operation, it shall inform the agency in writing at least 30

11  days before the discontinuance of operation.  The PPEC center

12  shall also, at such time, inform each child's legal guardian

13  of the fact and the proposed time of such discontinuance.

14         (2)  Immediately upon discontinuance of the operation

15  of a PPEC center, the owner or operator shall surrender the

16  license therefor to the agency and the license shall be

17  canceled.

18         Section 155.  Section 400.913, Florida Statutes, is

19  repealed.

20         Section 156.  Subsection (1) of section 400.914,

21  Florida Statutes, is amended to read:

22         400.914  Rules establishing standards.--

23         (1)  Pursuant to the intention of the Legislature to

24  provide safe and sanitary facilities and healthful programs,

25  the agency in conjunction with the Division of Children's

26  Medical Services Prevention and Intervention of the Department

27  of Health shall adopt and publish rules to implement the

28  provisions of this part and part II of chapter 408, which

29  shall include reasonable and fair standards. Any conflict

30  between these standards and those that may be set forth in

31  local, county, or city ordinances shall be resolved in favor


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 1  of those having statewide effect. Such standards shall relate

 2  to:

 3         (a)  The assurance that PPEC services are family

 4  centered and provide individualized medical, developmental,

 5  and family training services.

 6         (b)  The maintenance of PPEC centers, not in conflict

 7  with the provisions of chapter 553 and based upon the size of

 8  the structure and number of children, relating to plumbing,

 9  heating, lighting, ventilation, and other building conditions,

10  including adequate space, which will ensure the health,

11  safety, comfort, and protection from fire of the children

12  served.

13         (c)  The appropriate provisions of the most recent

14  edition of the "Life Safety Code" (NFPA-101) shall be applied.

15         (d)  The number and qualifications of all personnel who

16  have responsibility for the care of the children served.

17         (e)  All sanitary conditions within the PPEC center and

18  its surroundings, including water supply, sewage disposal,

19  food handling, and general hygiene, and maintenance thereof,

20  which will ensure the health and comfort of children served.

21         (f)  Programs and basic services promoting and

22  maintaining the health and development of the children served

23  and meeting the training needs of the children's legal

24  guardians.

25         (g)  Supportive, contracted, other operational, and

26  transportation services.

27         (h)  Maintenance of appropriate medical records, data,

28  and information relative to the children and programs.  Such

29  records shall be maintained in the facility for inspection by

30  the agency.

31  


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 1         Section 157.  Section 400.915, Florida Statutes, is

 2  amended to read:

 3         400.915  Construction and renovation;

 4  requirements.--The requirements for the construction or

 5  renovation of a PPEC center shall comply with:

 6         (1)  The provisions of chapter 553, which pertain to

 7  building construction standards, including plumbing,

 8  electrical code, glass, manufactured buildings, accessibility

 9  for the physically disabled;

10         (2)  The minimum standards for physical facilities in

11  rule 10M-12.003, Florida Administrative Code, Child Care

12  Standards; and

13         (3)  The standards or rules adopted pursuant to this

14  part and part II of chapter 408.

15         Section 158.  Sections 400.916 and 400.917, Florida

16  Statutes, are repealed.

17         Section 159.  Section 400.925, Florida Statutes, is

18  amended to read:

19         400.925  Definitions.--As used in this part, the term:

20         (1)  "Accrediting organizations" means the Joint

21  Commission on Accreditation of Healthcare Organizations or

22  other national accreditation agencies whose standards for

23  accreditation are comparable to those required by this part

24  for licensure.

25         (2)  "Affiliated person" means any person who directly

26  or indirectly manages, controls, or oversees the operation of

27  a corporation or other business entity that is a licensee,

28  regardless of whether such person is a partner, shareholder,

29  owner, officer, director, agent, or employee of the entity.

30         (2)(3)  "Agency" means the Agency for Health Care

31  Administration.


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 1         (4)  "Applicant" means an individual applicant in the

 2  case of a sole proprietorship, or any officer, director,

 3  agent, managing employee, general manager, or affiliated

 4  person, or any partner or shareholder having an ownership

 5  interest equal to 5 percent or greater in the corporation,

 6  partnership, or other business entity.

 7         (3)(5)  "Consumer" or "patient" means any person who

 8  uses home medical equipment in his or her place of residence.

 9         (4)(6)  "Department" means the Department of Children

10  and Family Services.

11         (5)(7)  "General manager" means the individual who has

12  the general administrative charge of the premises of a

13  licensed home medical equipment provider.

14         (6)(8)  "Home medical equipment" includes any product

15  as defined by the Federal Drug Administration's Drugs, Devices

16  and Cosmetics Act, any products reimbursed under the Medicare

17  Part B Durable Medical Equipment benefits, or any products

18  reimbursed under the Florida Medicaid durable medical

19  equipment program. Home medical equipment includes oxygen and

20  related respiratory equipment; manual, motorized, or

21  customized wheelchairs and related seating and positioning,

22  but does not include prosthetics or orthotics or any splints,

23  braces, or aids custom fabricated by a licensed health care

24  practitioner; motorized scooters; personal transfer systems;

25  and specialty beds, for use by a person with a medical need.

26         (7)(9)  "Home medical equipment provider" means any

27  person or entity that sells or rents or offers to sell or rent

28  to or for a consumer:

29         (a)  Any home medical equipment and services; or

30         (b)  Home medical equipment that requires any home

31  medical equipment services.


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 1         (8)(10)  "Home medical equipment provider personnel"

 2  means persons who are employed by or under contract with a

 3  home medical equipment provider.

 4         (9)(11)  "Home medical equipment services" means

 5  equipment management and consumer instruction, including

 6  selection, delivery, setup, and maintenance of equipment, and

 7  other related services for the use of home medical equipment

 8  in the consumer's regular or temporary place of residence.

 9         (10)(12)  "Licensee" means the person or entity to whom

10  a license to operate as a home medical equipment provider is

11  issued by the agency.

12         (11)(13)  "Moratorium" has the same meaning as in s.

13  408.803, except that means a mandated temporary cessation or

14  suspension of the sale, rental, or offering of equipment after

15  the imposition of the moratorium. services related to

16  equipment sold or rented prior to the moratorium must be

17  continued without interruption, unless deemed otherwise by the

18  agency.

19         (12)(14)  "Person" means any individual, firm,

20  partnership, corporation, or association.

21         (13)(15)  "Premises" means those buildings and

22  equipment which are located at the address of the licensed

23  home medical equipment provider for the provision of home

24  medical equipment services, which are in such reasonable

25  proximity as to appear to the public to be a single provider

26  location, and which comply with zoning ordinances.

27         (14)(16)  "Residence" means the consumer's home or

28  place of residence, which may include nursing homes, assisted

29  living facilities, transitional living facilities, adult

30  family-care homes, or other congregate residential facilities.

31  


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 1         Section 160.  Subsection (3) and paragraphs (d) and (e)

 2  of subsection (6) of section 400.93, Florida Statutes, are

 3  amended to read:

 4         400.93  Licensure required; exemptions; unlawful acts;

 5  penalties.--

 6         (3)  The requirements of part II of chapter 408 apply

 7  to the provision of services that necessitate licensure

 8  pursuant to this part and part II of chapter 408 and to

 9  entities licensed by or applying for such licensure from the

10  Agency for Health Care Administration pursuant to this part.

11  However, an applicant for licensure is exempt from the

12  provisions of s. 408.810(8) and (10). A home medical equipment

13  provider must be licensed by the agency to operate in this

14  state or to provide home medical equipment and services to

15  consumers in this state. A standard license issued to a home

16  medical equipment provider, unless sooner suspended or

17  revoked, expires 2 years after its effective date.

18         (6)

19         (d)  The following penalties shall be imposed for

20  operating an unlicensed home medical equipment provider:

21         1.  Any person or entity who operates an unlicensed

22  provider commits a felony of the third degree.

23         2.  For any person or entity who has received

24  government reimbursement for services provided by an

25  unlicensed provider, the agency shall make a fraud referral to

26  the appropriate government reimbursement program.

27         3.  For any licensee found to be concurrently operating

28  licensed and unlicensed provider premises, the agency may

29  impose a fine or moratorium, or revoke existing licenses of

30  any or all of the licensee's licensed provider locations until

31  such time as the unlicensed provider premises is licensed.


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 1         (e)  A provider found to be operating without a license

 2  may apply for licensure, and must cease operations until a

 3  license is awarded by the agency.

 4         Section 161.  Section 400.931, Florida Statutes, is

 5  amended to read:

 6         400.931  Application for license; fee; provisional

 7  license; temporary permit.--

 8         (1)  Application for an initial license or for renewal

 9  of an existing license must be made under oath to the agency

10  on forms furnished by it and must be accompanied by the

11  appropriate license fee as provided in subsection (12).

12         (1)(2)  The applicant must file with the application

13  satisfactory proof that the home medical equipment provider is

14  in compliance with this part and applicable rules, including:

15         (a)  A report, by category, of the equipment to be

16  provided, indicating those offered either directly by the

17  applicant or through contractual arrangements with existing

18  providers. Categories of equipment include:

19         1.  Respiratory modalities.

20         2.  Ambulation aids.

21         3.  Mobility aids.

22         4.  Sickroom setup.

23         5.  Disposables.

24         (b)  A report, by category, of the services to be

25  provided, indicating those offered either directly by the

26  applicant or through contractual arrangements with existing

27  providers. Categories of services include:

28         1.  Intake.

29         2.  Equipment selection.

30         3.  Delivery.

31         4.  Setup and installation.


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 1         5.  Patient training.

 2         6.  Ongoing service and maintenance.

 3         7.  Retrieval.

 4         (c)  A listing of those with whom the applicant

 5  contracts, both the providers the applicant uses to provide

 6  equipment or services to its consumers and the providers for

 7  whom the applicant provides services or equipment.

 8         (2)(3)  The applicant for initial licensure must

 9  demonstrate financial ability to operate, which may be

10  accomplished by the submission of a $50,000 surety bond to the

11  agency in lieu of the requirements of s. 408.810(8).

12         (4)  An applicant for renewal who has demonstrated

13  financial inability to operate must demonstrate financial

14  ability to operate.

15         (5)  Each applicant for licensure must comply with the

16  following requirements:

17         (a)  Upon receipt of a completed, signed, and dated

18  application, the agency shall require background screening of

19  the applicant, in accordance with the level 2 standards for

20  screening set forth in chapter 435. As used in this

21  subsection, the term "applicant" means the general manager and

22  the financial officer or similarly titled individual who is

23  responsible for the financial operation of the licensed

24  facility.

25         (b)  The agency may require background screening for a

26  member of the board of directors of the licensee or an officer

27  or an individual owning 5 percent or more of the licensee if

28  the agency has probable cause to believe that such individual

29  has been convicted of an offense prohibited under the level 2

30  standards for screening set forth in chapter 435.

31  


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 1         (c)  Proof of compliance with the level 2 background

 2  screening requirements of chapter 435 which has been submitted

 3  within the previous 5 years in compliance with any other

 4  health care licensure requirements of this state is acceptable

 5  in fulfillment of paragraph (a).

 6         (d)  Each applicant must submit to the agency, with its

 7  application, a description and explanation of any exclusions,

 8  permanent suspensions, or terminations of the applicant from

 9  the Medicare or Medicaid programs. Proof of compliance with

10  disclosure of ownership and control interest requirements of

11  the Medicaid or Medicare programs shall be accepted in lieu of

12  this submission.

13         (e)  Each applicant must submit to the agency a

14  description and explanation of any conviction of an offense

15  prohibited under the level 2 standards of chapter 435 by a

16  member of the board of directors of the applicant, its

17  officers, or any individual owning 5 percent or more of the

18  applicant. This requirement does not apply to a director of a

19  not-for-profit corporation or organization if the director

20  serves solely in a voluntary capacity for the corporation or

21  organization, does not regularly take part in the day-to-day

22  operational decisions of the corporation or organization,

23  receives no remuneration for his or her services on the

24  corporation's or organization's board of directors, and has no

25  financial interest and has no family members with a financial

26  interest in the corporation or organization, provided that the

27  director and the not-for-profit corporation or organization

28  include in the application a statement affirming that the

29  director's relationship to the corporation satisfies the

30  requirements of this provision.

31  


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 1         (f)  A license may not be granted to any potential

 2  licensee if any applicant, administrator, or financial officer

 3  has been found guilty of, regardless of adjudication, or has

 4  entered a plea of nolo contendere or guilty to, any offense

 5  prohibited under the level 2 standards for screening set forth

 6  in chapter 435, unless an exemption from disqualification has

 7  been granted by the agency as set forth in chapter 435.

 8         (g)  The agency may deny or revoke licensure to any

 9  potential licensee if any applicant:

10         1.  Has falsely represented a material fact in the

11  application required by paragraphs (d) and (e), or has omitted

12  any material fact from the application required by paragraphs

13  (d) and (e); or

14         2.  Has had prior Medicaid or Medicare action taken

15  against the applicant as set forth in paragraph (d).

16         (h)  Upon licensure renewal, each applicant must submit

17  to the agency, under penalty of perjury, an affidavit of

18  compliance with the background screening provisions of this

19  section.

20         (3)(6)  As specified in part II of chapter 408, the

21  home medical equipment provider must also obtain and maintain

22  professional and commercial liability insurance. Proof of

23  liability insurance, as defined in s. 624.605, must be

24  submitted with the application. The agency shall set the

25  required amounts of liability insurance by rule, but the

26  required amount must not be less than $250,000 per claim. In

27  the case of contracted services, it is required that the

28  contractor have liability insurance not less than $250,000 per

29  claim.

30         (7)  A provisional license shall be issued to an

31  approved applicant for initial licensure for a period of 90


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 1  days, during which time a survey must be conducted

 2  demonstrating substantial compliance with this section. A

 3  provisional license shall also be issued pending the results

 4  of an applicant's Federal Bureau of Investigation report of

 5  background screening confirming that all standards have been

 6  met. If substantial compliance is demonstrated, a standard

 7  license shall be issued to expire 2 years after the effective

 8  date of the provisional license.

 9         (8)  Ninety days before the expiration date, an

10  application for license renewal must be submitted to the

11  agency under oath on forms furnished by the agency, and a

12  license shall be renewed if the applicant has met the

13  requirements established under this part and applicable rules.

14  The home medical equipment provider must file with the

15  application satisfactory proof that it is in compliance with

16  this part and applicable rules. The home medical equipment

17  provider must submit satisfactory proof of its financial

18  ability to comply with the requirements of this part.

19         (9)  When a change of ownership of a home medical

20  equipment provider occurs, the prospective owner must submit

21  an initial application for a license at least 15 days before

22  the effective date of the change of ownership. An application

23  for change of ownership of a license is required when

24  ownership, a majority of the ownership, or controlling

25  interest of a licensed home medical equipment provider is

26  transferred or assigned and when a licensee agrees to

27  undertake or provide services to the extent that legal

28  liability for operation of the home medical equipment provider

29  rests with the licensee. A provisional license shall be issued

30  to the new owner for a period of 90 days, during which time

31  all required documentation must be submitted and a survey must


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 1  be conducted demonstrating substantial compliance with this

 2  section. If substantial compliance is demonstrated, a standard

 3  license shall be issued to expire 2 years after the issuance

 4  of the provisional license.

 5         (4)(10)  When a change of the general manager of a home

 6  medical equipment provider occurs, the licensee must notify

 7  the agency of the change within 45 days. thereof and must

 8  provide evidence of compliance with the background screening

 9  requirements in subsection (5); except that a general manager

10  who has met the standards for the Department of Law

11  Enforcement background check, but for whom background

12  screening results from the Federal Bureau of Investigation

13  have not yet been received, may be employed pending receipt of

14  the Federal Bureau of Investigation background screening

15  report. An individual may not continue to serve as general

16  manager if the Federal Bureau of Investigation background

17  screening report indicates any violation of background

18  screening standards.

19         (5)(11)  In accordance with s. 408.805, an applicant or

20  licensee shall pay a fee for each license application

21  submitted under this part and part II of chapter 408. The

22  amount of the fee shall be established by rule and may not

23  exceed $300 per biennium. All licensure fees required of a

24  home medical equipment provider are nonrefundable. The agency

25  shall set the fees in an amount that is sufficient to cover

26  its costs in carrying out its responsibilities under this

27  part. However, state, county, or municipal governments

28  applying for licenses under this part are exempt from the

29  payment of license fees. All fees collected under this part

30  must be deposited in the Health Care Trust Fund for the

31  administration of this part.


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 1         (6)(12)  An applicant for initial licensure, renewal,

 2  or change of ownership shall also pay a license processing fee

 3  not to exceed $300, to be paid by all applicants, and an

 4  inspection fee, not to exceed $400, which shall to be paid by

 5  all applicants except those not subject to licensure

 6  inspection by the agency as described in s. 400.933(2).

 7         (13)  When a change is reported which requires issuance

 8  of a license, a fee must be assessed. The fee must be based on

 9  the actual cost of processing and issuing the license.

10         (14)  When a duplicate license is issued, a fee must be

11  assessed, not to exceed the actual cost of duplicating and

12  mailing.

13         (15)  When applications are mailed out upon request, a

14  fee must be assessed, not to exceed the cost of the printing,

15  preparation, and mailing.

16         (16)  The license must be displayed in a conspicuous

17  place in the administrative office of the home medical

18  equipment provider and is valid only while in the possession

19  of the person or entity to which it is issued. The license may

20  not be sold, assigned, or otherwise transferred, voluntarily

21  or involuntarily, and is valid only for the home medical

22  equipment provider and location for which originally issued.

23         (17)  A home medical equipment provider against whom a

24  proceeding for revocation or suspension, or for denial of a

25  renewal application, is pending at the time of license renewal

26  may be issued a provisional license effective until final

27  disposition by the agency of such proceedings. If judicial

28  relief is sought from the final disposition, the court that

29  has jurisdiction may issue a temporary permit for the duration

30  of the judicial proceeding.

31  


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 1         Section 162.  Section 400.932, Florida Statutes, is

 2  amended to read:

 3         400.932  Administrative penalties; injunctions;

 4  emergency orders; moratoriums.--

 5         (1)  The agency may deny or, revoke, or suspend a

 6  license, or impose an administrative fine not to exceed $5,000

 7  per violation, per day, or initiate injunctive proceedings

 8  under s. 400.956.

 9         (2)  Any of the following actions by an employee of a

10  home medical equipment provider or any of its employees is

11  grounds for administrative action or penalties by the agency:

12         (a)  Violation of this part or of applicable rules.

13         (b)  An intentional, reckless, or negligent act that

14  materially affects the health or safety of a patient.

15         (3)  The agency may deny or revoke the license of any

16  applicant that:

17         (a)  Made a false representation or omission of any

18  material fact in making the application, including the

19  submission of an application that conceals the controlling or

20  ownership interest or any officer, director, agent, managing

21  employee, affiliated person, partner, or shareholder who may

22  not be eligible to participate;

23         (a)(b)  Has been previously found by any professional

24  licensing, certifying, or standards board or agency to have

25  violated the standards or conditions relating to licensure or

26  certification or the quality of services provided.

27  "Professional licensing, certifying, or standards board or

28  agency" shall include, but is not limited to, practitioners,

29  health care facilities, programs, or services, or residential

30  care, treatment programs, or other human services; or

31  


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 1         (b)(c)  Has been or is currently excluded, suspended,

 2  or terminated from, or has involuntarily withdrawn from,

 3  participation in Florida's Medicaid program or any other

 4  state's Medicaid program, or participation in the Medicare

 5  program or any other governmental or private health care or

 6  health insurance program.

 7         (4)  The agency may issue an emergency order

 8  immediately suspending or revoking a license when it

 9  determines that any condition within the responsibility of the

10  home medical equipment provider presents a clear and present

11  danger to public health and safety.

12         (5)  The agency may impose an immediate moratorium on

13  any licensed home medical equipment provider when the agency

14  determines that any condition within the responsibility of the

15  home medical equipment provider presents a threat to public

16  health or safety.

17         Section 163.  Section 400.933, Florida Statutes, is

18  amended to read:

19         400.933  Licensure inspections and investigations.--

20         (1)  The agency shall make or cause to be made such

21  inspections and investigations as it considers necessary,

22  including:

23         (a)  Licensure inspections.

24         (b)  Inspections directed by the federal Health Care

25  Financing Administration.

26         (c)  Licensure complaint investigations, including full

27  licensure investigations with a review of all licensure

28  standards as outlined in the administrative rules. Complaints

29  received by the agency from individuals, organizations, or

30  other sources are subject to review and investigation by the

31  agency.


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 1         (2)  The agency shall accept, in lieu of its own

 2  periodic inspections for licensure, submission of the

 3  following:

 4         (1)(a)  The survey or inspection of an accrediting

 5  organization, provided the accreditation of the licensed home

 6  medical equipment provider is not provisional and provided the

 7  licensed home medical equipment provider authorizes release

 8  of, and the agency receives the report of, the accrediting

 9  organization; or

10         (2)(b)  A copy of a valid medical oxygen retail

11  establishment permit issued by the Department of Health,

12  pursuant to chapter 499.

13         Section 164.  Section 400.935, Florida Statutes, is

14  amended to read:

15         400.935  Rules establishing minimum standards.--The

16  agency shall adopt, publish, and enforce rules to implement

17  this part and part II of chapter 408, which must provide

18  reasonable and fair minimum standards relating to:

19         (1)  The qualifications and minimum training

20  requirements of all home medical equipment provider personnel.

21         (2)  License application and renewal.

22         (3)  License and inspection fees.

23         (2)(4)  Financial ability to operate.

24         (3)(5)  The administration of the home medical

25  equipment provider.

26         (4)(6)  Procedures for maintaining patient records.

27         (5)(7)  Ensuring that the home medical equipment and

28  services provided by a home medical equipment provider are in

29  accordance with the plan of treatment established for each

30  patient, when provided as a part of a plan of treatment.

31  


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 1         (6)(8)  Contractual arrangements for the provision of

 2  home medical equipment and services by providers not employed

 3  by the home medical equipment provider providing for the

 4  consumer's needs.

 5         (7)(9)  Physical location and zoning requirements.

 6         (8)(10)  Home medical equipment requiring home medical

 7  equipment services.

 8         Section 165.  Section 400.95, subsection (2) of section

 9  400.953, subsection (4) of section 400.955, and section

10  400.956, Florida Statutes, are repealed.

11         Section 166.  Subsection (5) of section 400.960,

12  Florida Statutes, is amended to read:

13         400.960  Definitions.--As used in this part, the term:

14         (5)  "Client" means any person receiving services in an

15  intermediate care facility for the developmentally disabled

16  determined by the department to be eligible for developmental

17  services.

18         Section 167.  Section 400.962, Florida Statutes, is

19  amended to read:

20         400.962  License required; license application.--

21         (1)  The requirements of part II of chapter 408 apply

22  to the provision of services that necessitate licensure

23  pursuant to this part and part II of chapter 408 and to

24  entities licensed by or applying for such licensure from the

25  Agency for Health Care Administration pursuant to this part.

26  However, an applicant for licensure is exempt from s.

27  408.810(7). The licensure fee shall be $234 per bed unless

28  modified by rule. It is unlawful to operate an intermediate

29  care facility for the developmentally disabled without a

30  license.

31  


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 1         (2)  Separate licenses are required for facilities

 2  maintained on separate premises even if operated under the

 3  same management. However, a separate license is not required

 4  for separate buildings on the same grounds.

 5         (3)  The basic license fee collected shall be deposited

 6  in the Health Care Trust Fund, established for carrying out

 7  the purposes of this chapter.

 8         (4)  The license must be conspicuously displayed inside

 9  the facility.

10         (5)  A license is valid only in the hands of the

11  individual, firm, partnership, association, or corporation to

12  whom it is issued. A license is not valid for any premises

13  other than those for which it was originally issued and may

14  not be sold, assigned, or otherwise transferred, voluntarily

15  or involuntarily.

16         (6)  An application for a license shall be made to the

17  agency on forms furnished by it and must be accompanied by the

18  appropriate license fee.

19         (7)  The application must be under oath and must

20  contain the following:

21         (a)  The name, address, and social security number of

22  the applicant if an individual; if the applicant is a firm,

23  partnership, or association, its name, address, and employer

24  identification number (EIN), and the name and address of every

25  member; if the applicant is a corporation, its name, address,

26  and employer identification number (EIN), and the name and

27  address of its director and officers and of each person having

28  at least a 5 percent interest in the corporation; and the name

29  by which the facility is to be known.

30         (b)  The name of any person whose name is required on

31  the application under paragraph (a) and who owns at least a 10


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 1  percent interest in any professional service, firm,

 2  association, partnership, or corporation providing goods,

 3  leases, or services to the facility for which the application

 4  is made, and the name and address of the professional service,

 5  firm, association, partnership, or corporation in which such

 6  interest is held.

 7         (c)  The location of the facility for which a license

 8  is sought and an indication that such location conforms to the

 9  local zoning ordinances.

10         (d)  The name of the persons under whose management or

11  supervision the facility will be operated.

12         (e)  The total number of beds.

13         (3)(8)  The applicant must demonstrate that sufficient

14  numbers of staff, qualified by training or experience, will be

15  employed to properly care for the type and number of residents

16  who will reside in the facility.

17         (9)  The applicant must submit evidence that

18  establishes the good moral character of the applicant,

19  manager, supervisor, and administrator. An applicant who is an

20  individual or a member of a board of directors or officer of

21  an applicant that is a firm, partnership, association, or

22  corporation must not have been convicted, or found guilty,

23  regardless of adjudication, of a crime in any jurisdiction

24  which affects or may potentially affect residents in the

25  facility.

26         (10)(a)  Upon receipt of a completed, signed, and dated

27  application, the agency shall require background screening of

28  the applicant, in accordance with the level 2 standards for

29  screening set forth in chapter 435. As used in this

30  subsection, the term "applicant" means the facility

31  administrator, or similarly titled individual who is


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 1  responsible for the day-to-day operation of the licensed

 2  facility, and the facility financial officer, or similarly

 3  titled individual who is responsible for the financial

 4  operation of the licensed facility.

 5         (b)  The agency may require background screening for a

 6  member of the board of directors of the licensee or an officer

 7  or an individual owning 5 percent or more of the licensee if

 8  the agency has probable cause to believe that such individual

 9  has been convicted of an offense prohibited under the level 2

10  standards for screening set forth in chapter 435.

11         (c)  Proof of compliance with the level 2 background

12  screening requirements of chapter 435 which has been submitted

13  within the previous 5 years in compliance with any other

14  licensure requirements under this chapter satisfies the

15  requirements of paragraph (a). Proof of compliance with

16  background screening which has been submitted within the

17  previous 5 years to fulfill the requirements of the Financial

18  Services Commission and the Office of Insurance Regulation

19  under chapter 651 as part of an application for a certificate

20  of authority to operate a continuing care retirement community

21  satisfies the requirements for the Department of Law

22  Enforcement and Federal Bureau of Investigation background

23  checks.

24         (d)  A provisional license may be granted to an

25  applicant when each individual required by this section to

26  undergo background screening has met the standards for the

27  Department of Law Enforcement background check, but the agency

28  has not yet received background screening results from the

29  Federal Bureau of Investigation, or a request for a

30  disqualification exemption has been submitted to the agency as

31  set forth in chapter 435, but a response has not yet been


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 1  issued. A license may be granted to the applicant upon the

 2  agency's receipt of a report of the results of the Federal

 3  Bureau of Investigation background screening for each

 4  individual required by this section to undergo background

 5  screening which confirms that all standards have been met, or

 6  upon the granting of a disqualification exemption by the

 7  agency as set forth in chapter 435. Any other person who is

 8  required to undergo level 2 background screening may serve in

 9  his or her capacity pending the agency's receipt of the report

10  from the Federal Bureau of Investigation; however, the person

11  may not continue to serve if the report indicates any

12  violation of background screening standards and a

13  disqualification exemption has not been granted by the agency

14  as set forth in chapter 435.

15         (e)  Each applicant must submit to the agency, with its

16  application, a description and explanation of any exclusions,

17  permanent suspensions, or terminations of the applicant from

18  the Medicare or Medicaid programs. Proof of compliance with

19  disclosure of ownership and control interest requirements of

20  the Medicaid or Medicare programs shall be accepted in lieu of

21  this submission.

22         (f)  Each applicant must submit to the agency a

23  description and explanation of any conviction of an offense

24  prohibited under the level 2 standards of chapter 435 by a

25  member of the board of directors of the applicant, its

26  officers, or any individual owning 5 percent or more of the

27  applicant. This requirement does not apply to a director of a

28  not-for-profit corporation or organization if the director

29  serves solely in a voluntary capacity for the corporation or

30  organization, does not regularly take part in the day-to-day

31  operational decisions of the corporation or organization,


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 1  receives no remuneration for his or her services on the

 2  corporation's or organization's board of directors, and has no

 3  financial interest and has no family members with a financial

 4  interest in the corporation or organization, provided that the

 5  director and the not-for-profit corporation or organization

 6  include in the application a statement affirming that the

 7  director's relationship to the corporation satisfies the

 8  requirements of this paragraph.

 9         (g)  An application for license renewal must contain

10  the information required under paragraphs (e) and (f).

11         (11)  The applicant must furnish satisfactory proof of

12  financial ability to operate and conduct the facility in

13  accordance with the requirements of this part and all rules

14  adopted under this part, and the agency shall establish

15  standards for this purpose.

16         Section 168.  Sections 400.963 and 400.965, Florida

17  Statutes, are repealed.

18         Section 169.  Section 400.967, Florida Statutes, is

19  amended to read:

20         400.967  Rules and classification of deficiencies.--

21         (1)  It is the intent of the Legislature that rules

22  adopted and enforced under this part and part II of chapter

23  408 include criteria by which a reasonable and consistent

24  quality of resident care may be ensured, the results of such

25  resident care can be demonstrated, and safe and sanitary

26  facilities can be provided.

27         (2)  Pursuant to the intention of the Legislature, the

28  agency, in consultation with the Department of Children and

29  Family Services and the Department of Elderly Affairs, shall

30  adopt and enforce rules to administer this part, which shall

31  include reasonable and fair criteria governing:


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 1         (a)  The location and construction of the facility;

 2  including fire and life safety, plumbing, heating, cooling,

 3  lighting, ventilation, and other housing conditions that will

 4  ensure the health, safety, and comfort of residents. The

 5  agency shall establish standards for facilities and equipment

 6  to increase the extent to which new facilities and a new wing

 7  or floor added to an existing facility after July 1, 2000, are

 8  structurally capable of serving as shelters only for

 9  residents, staff, and families of residents and staff, and

10  equipped to be self-supporting during and immediately

11  following disasters. The Agency for Health Care Administration

12  shall work with facilities licensed under this part and report

13  to the Governor and the Legislature by April 1, 2000, its

14  recommendations for cost-effective renovation standards to be

15  applied to existing facilities. In making such rules, the

16  agency shall be guided by criteria recommended by nationally

17  recognized, reputable professional groups and associations

18  having knowledge concerning such subject matters. The agency

19  shall update or revise such criteria as the need arises. All

20  facilities must comply with those lifesafety code requirements

21  and building code standards applicable at the time of approval

22  of their construction plans. The agency may require

23  alterations to a building if it determines that an existing

24  condition constitutes a distinct hazard to life, health, or

25  safety. The agency shall adopt fair and reasonable rules

26  setting forth conditions under which existing facilities

27  undergoing additions, alterations, conversions, renovations,

28  or repairs are required to comply with the most recent updated

29  or revised standards.

30         (b)  The number and qualifications of all personnel,

31  including management, medical nursing, and other personnel,


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 1  having responsibility for any part of the care given to

 2  residents.

 3         (c)  All sanitary conditions within the facility and

 4  its surroundings, including water supply, sewage disposal,

 5  food handling, and general hygiene, which will ensure the

 6  health and comfort of residents.

 7         (d)  The equipment essential to the health and welfare

 8  of the residents.

 9         (e)  A uniform accounting system.

10         (f)  The care, treatment, and maintenance of residents

11  and measurement of the quality and adequacy thereof.

12         (g)  The preparation and annual update of a

13  comprehensive emergency management plan. The agency shall

14  adopt rules establishing minimum criteria for the plan after

15  consultation with the Department of Community Affairs. At a

16  minimum, the rules must provide for plan components that

17  address emergency evacuation transportation; adequate

18  sheltering arrangements; postdisaster activities, including

19  emergency power, food, and water; postdisaster transportation;

20  supplies; staffing; emergency equipment; individual

21  identification of residents and transfer of records; and

22  responding to family inquiries. The comprehensive emergency

23  management plan is subject to review and approval by the local

24  emergency management agency. During its review, the local

25  emergency management agency shall ensure that the following

26  agencies, at a minimum, are given the opportunity to review

27  the plan: the Department of Elderly Affairs, the Department of

28  Children and Family Services, the Agency for Health Care

29  Administration, and the Department of Community Affairs. Also,

30  appropriate volunteer organizations must be given the

31  opportunity to review the plan. The local emergency management


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 1  agency shall complete its review within 60 days and either

 2  approve the plan or advise the facility of necessary

 3  revisions.

 4         (h)  Each licensee shall post its license in a

 5  prominent place that is in clear and unobstructed public view

 6  at or near the place where residents are being admitted to the

 7  facility.

 8         (3)  In accordance with part II of chapter 408, the

 9  agency shall adopt rules to provide that, when the criteria

10  established under this part and part II of chapter 408

11  subsection (2) are not met, such deficiencies shall be

12  classified according to the nature of the deficiency. The

13  agency shall indicate the classification on the face of the

14  notice of deficiencies as follows:

15         (a)  Class I deficiencies are those which the agency

16  determines present an and imminent danger to the residents or

17  guests of the facility or a substantial probability that death

18  or serious physical harm would result therefrom. The condition

19  or practice constituting a class I violation must be abated or

20  eliminated immediately, unless a fixed period of time, as

21  determined by the agency, is required for correction.

22  Notwithstanding s. 400.121(2), a class I deficiency is subject

23  to a civil penalty in an amount not less than $5,000 and not

24  exceeding $10,000 for each deficiency. A fine may be levied

25  notwithstanding the correction of the deficiency.

26         (b)  Class II deficiencies are those which the agency

27  determines have a direct or immediate relationship to the

28  health, safety, or security of the facility residents, other

29  than class I deficiencies. A class II deficiency is subject to

30  a civil penalty in an amount not less than $1,000 and not

31  exceeding $5,000 for each deficiency. A citation for a class


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 1  II deficiency shall specify the time within which the

 2  deficiency must be corrected. If a class II deficiency is

 3  corrected within the time specified, no civil penalty shall be

 4  imposed, unless it is a repeated offense.

 5         (c)  Class III deficiencies are those which the agency

 6  determines to have an indirect or potential relationship to

 7  the health, safety, or security of the facility residents,

 8  other than class I or class II deficiencies. A class III

 9  deficiency is subject to a civil penalty of not less than $500

10  and not exceeding $1,000 for each deficiency. A citation for a

11  class III deficiency shall specify the time within which the

12  deficiency must be corrected. If a class III deficiency is

13  corrected within the time specified, no civil penalty shall be

14  imposed, unless it is a repeated offense.

15         (4)  Civil penalties paid by any licensee under

16  subsection (3) shall be deposited in the Health Care Trust

17  Fund and expended as provided in s. 400.063.

18         (4)(5)  The agency shall approve or disapprove the

19  plans and specifications within 60 days after receipt of the

20  final plans and specifications. The agency may be granted one

21  15-day extension for the review period, if the secretary of

22  the agency so approves. If the agency fails to act within the

23  specified time, it is deemed to have approved the plans and

24  specifications. When the agency disapproves plans and

25  specifications, it must set forth in writing the reasons for

26  disapproval. Conferences and consultations may be provided as

27  necessary.

28         (5)(6)  The agency may charge an initial fee of $2,000

29  for review of plans and construction on all projects, no part

30  of which is refundable. The agency may also collect a fee, not

31  to exceed 1 percent of the estimated construction cost or the


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 1  actual cost of review, whichever is less, for the portion of

 2  the review which encompasses initial review through the

 3  initial revised construction document review. The agency may

 4  collect its actual costs on all subsequent portions of the

 5  review and construction inspections. Initial fee payment must

 6  accompany the initial submission of plans and specifications.

 7  Any subsequent payment that is due is payable upon receipt of

 8  the invoice from the agency. Notwithstanding any other

 9  provision of law, all money received by the agency under this

10  section shall be deemed to be trust funds, to be held and

11  applied solely for the operations required under this section.

12         Section 170.  Section 400.968, Florida Statutes, is

13  amended to read:

14         400.968  Right of entry; protection of health, safety,

15  and welfare.--

16         (1)  Any designated officer or employee of the agency,

17  of the state, or of the local fire marshal may enter

18  unannounced the premises of any facility licensed under this

19  part in order to determine the state of compliance with this

20  part and the rules or standards in force under this part. The

21  right of entry and inspection also extends to any premises

22  that the agency has reason to believe are being operated or

23  maintained as a facility without a license; but such an entry

24  or inspection may not be made without the permission of the

25  owner or person in charge of the facility unless a warrant

26  that authorizes the entry is first obtained from the circuit

27  court. The warrant requirement extends only to a facility that

28  the agency has reason to believe is being operated or

29  maintained as a facility without a license. An application for

30  a license or renewal thereof which is made under this section

31  constitutes permission for, and acquiescence in, any entry or


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 1  inspection of the premises for which the license is sought, in

 2  order to facilitate verification of the information submitted

 3  in connection with the application; to discover, investigate,

 4  and determine the existence of abuse or neglect; or to elicit,

 5  receive, respond to, and resolve complaints. A current valid

 6  license constitutes unconditional permission for, and

 7  acquiescence in, any entry or inspection of the premises by

 8  authorized personnel. The agency retains the right of entry

 9  and inspection of facilities that have had a license revoked

10  or suspended within the previous 24 months, to ensure that the

11  facility is not operating unlawfully. However, before the

12  facility is entered, a statement of probable cause must be

13  filed with the director of the agency, who must approve or

14  disapprove the action within 48 hours.

15         (2)  The agency may institute injunctive proceedings in

16  a court of competent jurisdiction for temporary or permanent

17  relief to:

18         (a)  Enforce this section or any minimum standard,

19  rule, or order issued pursuant thereto if the agency's effort

20  to correct a violation through administrative fines has failed

21  or when the violation materially affects the health, safety,

22  or welfare of residents; or

23         (b)  Terminate the operation of a facility if a

24  violation of this section or of any standard or rule adopted

25  pursuant thereto exists which materially affects the health,

26  safety, or welfare of residents.

27  

28  The Legislature recognizes that, in some instances, action is

29  necessary to protect residents of facilities from immediately

30  life-threatening situations. If it appears by competent

31  evidence or a sworn, substantiated affidavit that a temporary


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 1  injunction should issue, the court, pending the determination

 2  on final hearing, shall enjoin operation of the facility.

 3         (3)  The agency may impose an immediate moratorium on

 4  admissions to a facility when the agency determines that any

 5  condition in the facility presents a threat to the health,

 6  safety, or welfare of the residents in the facility. If a

 7  facility's license is denied, revoked, or suspended, the

 8  facility may be subject to the immediate imposition of a

 9  moratorium on admissions to run concurrently with licensure

10  denial, revocation, or suspension.

11         Section 171.  Subsection (1) of section 400.969,

12  Florida Statutes, is amended to read:

13         400.969  Violation of part; penalties.--

14         (1)  In accordance with part II of chapter 408, and

15  except as provided in s. 400.967(3), a violation of any

16  provision of this part, part II of chapter 408, or applicable

17  rules adopted by the agency under this part is punishable by

18  payment of an administrative or civil penalty not to exceed

19  $5,000.

20         Section 172.  Section 400.980, Florida Statutes, is

21  amended to read:

22         400.980  Health care services pools.--

23         (1)  As used in this section, the term:

24         (a)  "Agency" means the Agency for Health Care

25  Administration.

26         (b)  "Health care services pool" means any person,

27  firm, corporation, partnership, or association engaged for

28  hire in the business of providing temporary employment in

29  health care facilities, residential facilities, and agencies

30  for licensed, certified, or trained health care personnel

31  including, without limitation, nursing assistants, nurses'


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 1  aides, and orderlies. However, the term does not include

 2  nursing registries, a facility licensed under chapter 400, a

 3  health care services pool established within a health care

 4  facility to provide services only within the confines of such

 5  facility, or any individual contractor directly providing

 6  temporary services to a health care facility without use or

 7  benefit of a contracting agent.

 8         (2)  The requirements of part II of chapter 408 apply

 9  to the provision of services that necessitate licensure or

10  registration pursuant to this part and part II of chapter 408

11  and to entities registered by or applying for such

12  registration from the Agency for Health Care Administration

13  pursuant to this part; however, an applicant for licensure is

14  exempt from s. 408.810(6)-(10). Each person who operates a

15  health care services pool must register each separate business

16  location with the agency. The agency shall adopt rules and

17  provide forms required for such registration and shall impose

18  a registration fee in an amount sufficient to cover the cost

19  of administering this section.  In addition, the registrant

20  must provide the agency with any change of information

21  contained on the original registration application within 14

22  days prior to the change. The agency may inspect the offices

23  of any health care services pool at any reasonable time for

24  the purpose of determining compliance with this section or the

25  rules adopted under this section.

26         (3)  Each application for registration must include:

27         (a)  The name and address of any person who has an

28  ownership interest in the business, and, in the case of a

29  corporate owner, copies of the articles of incorporation,

30  bylaws, and names and addresses of all officers and directors

31  of the corporation.


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 1         (b)  Any other information required by the agency.

 2         (3)(4)  Each applicant for registration must comply

 3  with the following requirements:

 4         (a)  Upon receipt of a completed, signed, and dated

 5  application, the agency shall require background screening, in

 6  accordance with the level 1 standards for screening set forth

 7  in chapter 435, of every individual who will have contact with

 8  patients. The agency shall require background screening of the

 9  managing employee or other similarly titled individual who is

10  responsible for the operation of the entity, and of the

11  financial officer or other similarly titled individual who is

12  responsible for the financial operation of the entity,

13  including billings for services in accordance with the level 2

14  standards for background screening as set forth in chapter

15  435.

16         (b)  The agency may require background screening of any

17  other individual who is affiliated with the applicant if the

18  agency has a reasonable basis for believing that he or she has

19  been convicted of a crime or has committed any other offense

20  prohibited under the level 2 standards for screening set forth

21  in chapter 435.

22         (c)  Proof of compliance with the level 2 background

23  screening requirements of chapter 435 which has been submitted

24  within the previous 5 years in compliance with any other

25  health care or assisted living licensure requirements of this

26  state is acceptable in fulfillment of paragraph (a).

27         (d)  A provisional registration may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  Department of Law Enforcement background check but the agency

31  has not yet received background screening results from the


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 1  Federal Bureau of Investigation. A standard registration may

 2  be granted to the applicant upon the agency's receipt of a

 3  report of the results of the Federal Bureau of Investigation

 4  background screening for each individual required by this

 5  section to undergo background screening which confirms that

 6  all standards have been met, or upon the granting of a

 7  disqualification exemption by the agency as set forth in

 8  chapter 435. Any other person who is required to undergo level

 9  2 background screening may serve in his or her capacity

10  pending the agency's receipt of the report from the Federal

11  Bureau of Investigation. However, the person may not continue

12  to serve if the report indicates any violation of background

13  screening standards and if a disqualification exemption has

14  not been requested of and granted by the agency as set forth

15  in chapter 435.

16         (e)  Each applicant must submit to the agency, with its

17  application, a description and explanation of any exclusions,

18  permanent suspensions, or terminations of the applicant from

19  the Medicare or Medicaid programs. Proof of compliance with

20  the requirements for disclosure of ownership and controlling

21  interests under the Medicaid or Medicare programs may be

22  accepted in lieu of this submission.

23         (f)  Each applicant must submit to the agency a

24  description and explanation of any conviction of an offense

25  prohibited under the level 2 standards of chapter 435 which

26  was committed by a member of the board of directors of the

27  applicant, its officers, or any individual owning 5 percent or

28  more of the applicant. This requirement does not apply to a

29  director of a not-for-profit corporation or organization who

30  serves solely in a voluntary capacity for the corporation or

31  organization, does not regularly take part in the day-to-day


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 1  operational decisions of the corporation or organization,

 2  receives no remuneration for his or her services on the

 3  corporation's or organization's board of directors, and has no

 4  financial interest and no family members having a financial

 5  interest in the corporation or organization, if the director

 6  and the not-for-profit corporation or organization include in

 7  the application a statement affirming that the director's

 8  relationship to the corporation satisfies the requirements of

 9  this paragraph.

10         (g)  A registration may not be granted to an applicant

11  if the applicant or managing employee has been found guilty

12  of, regardless of adjudication, or has entered a plea of nolo

13  contendere or guilty to, any offense prohibited under the

14  level 2 standards for screening set forth in chapter 435,

15  unless an exemption from disqualification has been granted by

16  the agency as set forth in chapter 435.

17         (h)  Failure to provide all required documentation

18  within 30 days after a written request from the agency will

19  result in denial of the application for registration.

20         (i)  The agency must take final action on an

21  application for registration within 60 days after receipt of

22  all required documentation.

23         (j)  The agency may deny, revoke, or suspend the

24  registration of any applicant or registrant who:

25         1.  Has falsely represented a material fact in the

26  application required by paragraph (e) or paragraph (f), or has

27  omitted any material fact from the application required by

28  paragraph (e) or paragraph (f); or

29         2.  Has had prior action taken against the applicant

30  under the Medicaid or Medicare program as set forth in

31  paragraph (e).


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 1         3.  Fails to comply with this section or applicable

 2  rules.

 3         4.  Commits an intentional, reckless, or negligent act

 4  that materially affects the health or safety of a person

 5  receiving services.

 6         (4)(5)  It is a misdemeanor of the first degree,

 7  punishable under s. 775.082 or s. 775.083, for any person

 8  willfully, knowingly, or intentionally to:

 9         (a)  Fail, by false statement, misrepresentation,

10  impersonation, or other fraudulent means, to disclose in any

11  application for voluntary or paid employment a material fact

12  used in making a determination as to an applicant's

13  qualifications to be a contractor under this section;

14         (b)  Operate or attempt to operate an entity registered

15  under this part with persons who do not meet the minimum

16  standards of chapter 435 as contained in this section; or

17         (c)  Use information from the criminal records obtained

18  under this section for any purpose other than screening an

19  applicant for temporary employment as specified in this

20  section, or release such information to any other person for

21  any purpose other than screening for employment under this

22  section.

23         (5)(6)  It is a felony of the third degree, punishable

24  under s. 775.082, s. 775.083, or s. 775.084, for any person

25  willfully, knowingly, or intentionally to use information from

26  the juvenile records of a person obtained under this section

27  for any purpose other than screening for employment under this

28  section.

29         (7)  It is unlawful for a person to offer or advertise

30  services, as defined by rule, to the public without obtaining

31  a certificate of registration from the Agency for Health Care


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 1  Administration. It is unlawful for any holder of a certificate

 2  of registration to advertise or hold out to the public that he

 3  or she holds a certificate of registration for other than that

 4  for which he or she actually holds a certificate of

 5  registration. Any person who violates this subsection is

 6  subject to injunctive proceedings under s. 400.515.

 7         (8)  Each registration shall be for a period of 2

 8  years. The application for renewal must be received by the

 9  agency at least 30 days before the expiration date of the

10  registration.  An application for a new registration is

11  required within 30 days prior to the sale of a controlling

12  interest in a health care services pool.

13         (6)(9)  A health care services pool may not require an

14  employee to recruit new employees from persons employed at a

15  health care facility to which the health care services pool

16  employee is assigned. Nor shall a health care facility to

17  which employees of a health care services pool are assigned

18  recruit new employees from the health care services pool.

19         (7)(10)  A health care services pool shall document

20  that each temporary employee provided to a health care

21  facility has met the licensing, certification, training, or

22  continuing education requirements, as established by the

23  appropriate regulatory agency, for the position in which he or

24  she will be working.

25         (8)(11)  When referring persons for temporary

26  employment in health care facilities, a health care services

27  pool shall comply with all pertinent state and federal laws,

28  rules, and regulations relating to health, background

29  screening, and other qualifications required of persons

30  working in a facility of that type.

31  


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 1         (9)(12)(a)  As a condition of registration and prior to

 2  the issuance or renewal of a certificate of registration, a

 3  health care services pool applicant must prove financial

 4  responsibility to pay claims, and costs ancillary thereto,

 5  arising out of the rendering of services or failure to render

 6  services by the pool or by its employees in the course of

 7  their employment with the pool. The agency shall promulgate

 8  rules establishing minimum financial responsibility coverage

 9  amounts which shall be adequate to pay potential claims and

10  costs ancillary thereto.

11         (b)  Each health care services pool shall give written

12  notification to the agency within 20 days after any change in

13  the method of assuring financial responsibility or upon

14  cancellation or nonrenewal of professional liability

15  insurance. Unless the pool demonstrates that it is otherwise

16  in compliance with the requirements of this section, the

17  agency shall suspend the registration of the pool pursuant to

18  ss. 120.569 and 120.57.  Any suspension under this section

19  shall remain in effect until the pool demonstrates compliance

20  with the requirements of this section.

21         (c)  Proof of financial responsibility must be

22  demonstrated to the satisfaction of the agency, through one of

23  the following methods:

24         1.  Establishing and maintaining an escrow account

25  consisting of cash or assets eligible for deposit in

26  accordance with s. 625.52;

27         2.  Obtaining and maintaining an unexpired irrevocable

28  letter of credit established pursuant to chapter 675.  Such

29  letters of credit shall be nontransferable and nonassignable

30  and shall be issued by any bank or savings association

31  organized and existing under the laws of this state or any


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 1  bank or savings association organized under the laws of the

 2  United States that has its principal place of business in this

 3  state or has a branch office which is authorized under the

 4  laws of this state or of the United States to receive deposits

 5  in this state; or

 6         3.  Obtaining and maintaining professional liability

 7  coverage from one of the following:

 8         a.  An authorized insurer as defined under s. 624.09;

 9         b.  An eligible surplus lines insurer as defined under

10  s. 626.918(2);

11         c.  A risk retention group or purchasing group as

12  defined under s. 627.942; or

13         d.  A plan of self-insurance as provided in s. 627.357.

14         (d)  If financial responsibility requirements are met

15  by maintaining an escrow account or letter of credit, as

16  provided in this section, upon the entry of an adverse final

17  judgment arising from a medical malpractice arbitration award

18  from a claim of medical malpractice either in contract or

19  tort, or from noncompliance with the terms of a settlement

20  agreement arising from a claim of medical malpractice either

21  in contract or tort, the financial institution holding the

22  escrow account or the letter of credit shall pay directly to

23  the claimant the entire amount of the judgment together with

24  all accrued interest or the amount maintained in the escrow

25  account or letter of credit as required by this section,

26  whichever is less, within 60 days after the date such judgment

27  became final and subject to execution, unless otherwise

28  mutually agreed to in writing by the parties.  If timely

29  payment is not made, the agency shall suspend the registration

30  of the pool pursuant to procedures set forth by the agency

31  through rule. Nothing in this paragraph shall abrogate a


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 1  judgment debtor's obligation to satisfy the entire amount of

 2  any judgment.

 3         (e)  Each health care services pool carrying

 4  claims-made coverage must demonstrate proof of extended

 5  reporting coverage through either tail or nose coverage, in

 6  the event the policy is canceled, replaced, or not renewed.

 7  Such extended coverage shall provide coverage for incidents

 8  that occurred during the claims-made policy period but were

 9  reported after the policy period.

10         (f)  The financial responsibility requirements of this

11  section shall apply to claims for incidents that occur on or

12  after January 1, 1991, or the initial date of registration in

13  this state, whichever is later.

14         (g)  Meeting the financial responsibility requirements

15  of this section must be established at the time of issuance or

16  renewal of a certificate of registration.

17         (10)(13)  The agency shall adopt rules to implement

18  this section and part II of chapter 408, including rules

19  providing for the establishment of:

20         (a)  Minimum standards for the operation and

21  administration of health care personnel pools, including

22  procedures for recordkeeping and personnel.

23         (b)  In accordance with part II of chapter 408, fines

24  for the violation of this part, part II of chapter 408, or

25  applicable rules section in an amount not to exceed $2,500 and

26  suspension or revocation of registration.

27         (c)  Disciplinary sanctions for failure to comply with

28  this section or the rules adopted under this section.

29         Section 173.  Subsections (3) and (4) of section

30  400.9905, Florida Statutes, are amended, and subsections (5)

31  and (6) are added to that section, to read:


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 1         400.9905  Definitions.--

 2         (3)  "Clinic" means an entity at which health care

 3  services are provided to individuals and which tenders charges

 4  for reimbursement for such services, including a mobile clinic

 5  and a portable equipment provider. For purposes of this part,

 6  the term does not include and the licensure requirements of

 7  this part do not apply to:

 8         (a)  Entities licensed or registered by the state under

 9  chapter 395; or entities licensed or registered by the state

10  and providing only health care services within the scope of

11  services authorized under their respective licenses granted

12  under ss. 383.30-383.335, chapter 390, chapter 394, chapter

13  395, chapter 397, this chapter except part XIII, chapter 463,

14  chapter 465, chapter 466, chapter 478, part I of chapter 483

15  480, chapter 484, or chapter 651, end-stage renal disease

16  providers authorized under 42 C.F.R. part 405, subpart U, or

17  providers certified under 42 C.F.R. part 485, subpart B or

18  subpart H, or any entity that provides neonatal or pediatric

19  hospital-based healthcare services by licensed practitioners

20  solely within a hospital licensed under chapter 395.

21         (b)  Entities that own, directly or indirectly,

22  entities licensed or registered by the state pursuant to

23  chapter 395; or entities that own, directly or indirectly,

24  entities licensed or registered by the state and providing

25  only health care services within the scope of services

26  authorized pursuant to their respective licenses granted under

27  ss. 383.30-383.335, chapter 390, chapter 394, chapter 395,

28  chapter 397, this chapter except part XIII, chapter 463,

29  chapter 465, chapter 466, chapter 478, part I of chapter 483

30  480, chapter 484, or chapter 651, end-stage renal disease

31  providers authorized under 42 C.F.R. part 405, subpart U, or


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 1  providers certified under 42 C.F.R. part 485, subpart B or

 2  subpart H, or any entity that provides neonatal or pediatric

 3  hospital-based healthcare services by licensed practitioners

 4  solely within a hospital licensed under chapter 395.

 5         (c)  Entities that are owned, directly or indirectly,

 6  by an entity licensed or registered by the state pursuant to

 7  chapter 395; or entities that are owned, directly or

 8  indirectly, by an entity licensed or registered by the state

 9  and providing only health care services within the scope of

10  services authorized pursuant to their respective licenses

11  granted under ss. 383.30-383.335, chapter 390, chapter 394,

12  chapter 395, chapter 397, this chapter except part XIII,

13  chapter 463, chapter 465, chapter 466, chapter 478, part I of

14  chapter 483 480, chapter 484, or chapter 651, end-stage renal

15  disease providers authorized under 42 C.F.R. part 405, subpart

16  U, or providers certified under 42 C.F.R. part 485, subpart B

17  or subpart H, or any entity that provides neonatal or

18  pediatric hospital-based healthcare services by licensed

19  practitioners solely within a hospital licensed under chapter

20  395.

21         (d)  Entities that are under common ownership, directly

22  or indirectly, with an entity licensed or registered by the

23  state pursuant to chapter 395; or entities that are under

24  common ownership, directly or indirectly, with an entity

25  licensed or registered by the state and providing only health

26  care services within the scope of services authorized pursuant

27  to its respective license granted under ss. 383.30-383.335,

28  chapter 390, chapter 394, chapter 395, chapter 397, this

29  chapter except part XIII, chapter 463, chapter 465, chapter

30  466, chapter 478, part I of chapter 483 480, chapter 484, or

31  chapter 651, end-stage renal disease providers authorized


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 1  under 42 C.F.R. part 405, subpart U, or providers certified

 2  under 42 C.F.R. part 485, subpart B or subpart H, or any

 3  entity that provides neonatal or pediatric hospital-based

 4  services by licensed practitioners solely within a hospital

 5  licensed under chapter 395.

 6         (e)  An entity that is exempt from federal taxation

 7  under 26 U.S.C. s. 501(c)(3) or s. 501(c)(4), and any

 8  community college or university clinic, and any entity owned

 9  or operated by federal or state government, including

10  agencies, subdivisions, or municipalities thereof.

11         (f)  A sole proprietorship, group practice,

12  partnership, or corporation that provides health care services

13  by physicians covered by s. 627.419, that is directly

14  supervised by one or more of such physicians, and that is

15  wholly owned by one or more of those physicians or by a

16  physician and the spouse, parent, child, or sibling of that

17  physician.

18         (g)(f)  A sole proprietorship, group practice,

19  partnership, or corporation that provides health care services

20  by licensed health care practitioners under chapter 457,

21  chapter 458, chapter 459, chapter 460, chapter 461, chapter

22  462, chapter 463, chapter 466, chapter 467, chapter 480,

23  chapter 484, chapter 486, chapter 490, chapter 491, or part I,

24  part III, part X, part XIII, or part XIV of chapter 468, or s.

25  464.012, which are wholly owned by one or more a licensed

26  health care practitioners practitioner, or the licensed health

27  care practitioners set forth in this paragraph practitioner

28  and the spouse, parent, or child, or sibling of a licensed

29  health care practitioner, so long as one of the owners who is

30  a licensed health care practitioner is supervising the

31  services performed therein and is legally responsible for the


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 1  entity's compliance with all federal and state laws. However,

 2  a health care practitioner may not supervise services beyond

 3  the scope of the practitioner's license, except that, for the

 4  purposes of this part, a clinic owned by a licensee in s.

 5  456.053(3)(b) that provides only services authorized pursuant

 6  to s. 456.053(3)(b) may be supervised by a licensee specified

 7  in s. 456.053(3)(b).

 8         (h)(g)  Clinical facilities affiliated with an

 9  accredited medical school at which training is provided for

10  medical students, residents, or fellows.

11         (i)  Entities that provide only oncology or radiation

12  therapy services by physicians licensed under chapter 458 or

13  459.

14         (4)  "Medical director" means a physician who is

15  employed or under contract with a clinic and who maintains a

16  full and unencumbered physician license in accordance with

17  chapter 458, chapter 459, chapter 460, or chapter 461.

18  However, if the clinic does not provide services pursuant to

19  the respective physician practice acts listed in this

20  subsection, it is limited to providing health care services

21  pursuant to chapter 457, chapter 484, chapter 486, chapter

22  490, or chapter 491 or part I, part III, part X, part XIII, or

23  part XIV of chapter 468, the clinic may appoint a

24  Florida-licensed health care practitioner who does not provide

25  services pursuant to the respective physician practice acts

26  listed in this subsection licensed under that chapter to serve

27  as a clinic director who is responsible for the clinic's

28  activities. A health care practitioner may not serve as the

29  clinic director if the services provided at the clinic are

30  beyond the scope of that practitioner's license, except that a

31  licensee specified in s. 456.053(3)(b) that provides only


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 1  services authorized pursuant to s. 456.053(3)(b) may serve as

 2  clinic director of an entity providing services as specified

 3  in s. 456.053(3)(b).

 4         (5)  "Mobile clinic" means a movable or detached

 5  self-contained health care unit within or from which direct

 6  health care services are provided to individuals and that

 7  otherwise meets the definition of a clinic in subsection (3).

 8         (6)  "Portable equipment provider" means an entity that

 9  contracts with or employs persons to provide portable

10  equipment to multiple locations performing treatment or

11  diagnostic testing of individuals, that bills third-party

12  payors for those services, and that otherwise meets the

13  definition of a clinic in subsection (3).

14         Section 174.  The creation of paragraph 400.9905(3)(i),

15  Florida Statutes, by this act is intended to clarify the

16  legislative intent of this provision as it existed at the time

17  the provision initially took effect as section 456.0375(1)(b),

18  Florida Statutes, and paragraph 400.9905(3)(i), Florida

19  Statutes, as created by this act, shall operate retroactively

20  to October 1, 2001. Nothing in this section shall be construed

21  as amending, modifying, limiting, or otherwise affecting in

22  any way the legislative intent, scope, terms, prohibition, or

23  requirements of section 456.053, Florida Statutes.

24         Section 175.  Subsections (1), (2), and (3) and

25  paragraphs (a) and (b) of subsection (7) of section 400.991,

26  Florida Statutes, are amended to read:

27         400.991  License requirements; background screenings;

28  prohibitions.--

29         (1)(a)  Each clinic, as defined in s. 400.9905, must be

30  licensed and shall at all times maintain a valid license with

31  the agency. Each clinic location shall be licensed separately


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 1  regardless of whether the clinic is operated under the same

 2  business name or management as another clinic.

 3         (b)  Each mobile clinic must obtain a separate health

 4  care clinic license and clinics must provide to the agency, at

 5  least quarterly, its their projected street location locations

 6  to enable the agency to locate and inspect such clinic

 7  clinics. A portable equipment provider must obtain a health

 8  care clinic license for a single administrative office and is

 9  not required to submit quarterly projected street locations.

10         (2)  The initial clinic license application shall be

11  filed with the agency by all clinics, as defined in s.

12  400.9905, on or before July March 1, 2004. A clinic license

13  must be renewed biennially.

14         (3)  Applicants that submit an application on or before

15  July March 1, 2004, which meets all requirements for initial

16  licensure as specified in this section shall receive a

17  temporary license until the completion of an initial

18  inspection verifying that the applicant meets all requirements

19  in rules authorized by s. 400.9925. However, a clinic engaged

20  in magnetic resonance imaging services may not receive a

21  temporary license unless it presents evidence satisfactory to

22  the agency that such clinic is making a good faith effort and

23  substantial progress in seeking accreditation required under

24  s. 400.9935.

25         (7)  Each applicant for licensure shall comply with the

26  following requirements:

27         (a)  As used in this subsection, the term "applicant"

28  means individuals owning or controlling, directly or

29  indirectly, 5 percent or more of an interest in a clinic; the

30  medical or clinic director, or a similarly titled person who

31  is responsible for the day-to-day operation of the licensed


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 1  clinic; the financial officer or similarly titled individual

 2  who is responsible for the financial operation of the clinic;

 3  and licensed health care practitioners medical providers at

 4  the clinic.

 5         (b)  Upon receipt of a completed, signed, and dated

 6  application, the agency shall require background screening of

 7  the applicant, in accordance with the level 2 standards for

 8  screening set forth in chapter 435. Proof of compliance with

 9  the level 2 background screening requirements of chapter 435

10  which has been submitted within the previous 5 years in

11  compliance with any other health care licensure requirements

12  of this state is acceptable in fulfillment of this paragraph.

13  Applicants who own less than 10 percent of a health care

14  clinic are not required to submit fingerprints under this

15  section.

16         Section 176.  Subsections (9) and (11) of section

17  400.9935, Florida Statutes, are amended to read:

18         400.9935  Clinic responsibilities.--

19         (9)  Any person or entity providing health care

20  services which is not a clinic, as defined under s. 400.9905,

21  may voluntarily apply for a certificate of exemption from

22  licensure under its exempt status with the agency on a form

23  that sets forth its name or names and addresses, a statement

24  of the reasons why it cannot be defined as a clinic, and other

25  information deemed necessary by the agency. An exemption is

26  not transferable. The agency may charge an applicant for a

27  certificate of exemption $100 or the actual cost, whichever is

28  less, for processing the certificate.

29         (11)(a)  Each clinic engaged in magnetic resonance

30  imaging services must be accredited by the Joint Commission on

31  Accreditation of Healthcare Organizations, the American


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 1  College of Radiology, or the Accreditation Association for

 2  Ambulatory Health Care, within 1 year after licensure.

 3  However, a clinic may request a single, 6-month extension if

 4  it provides evidence to the agency establishing that, for good

 5  cause shown, such clinic can not be accredited within 1 year

 6  after licensure, and that such accreditation will be completed

 7  within the 6-month extension. After obtaining accreditation as

 8  required by this subsection, each such clinic must maintain

 9  accreditation as a condition of renewal of its license.

10         (b)  The agency may deny disallow the application or

11  revoke the license of any entity formed for the purpose of

12  avoiding compliance with the accreditation provisions of this

13  subsection and whose principals were previously principals of

14  an entity that was unable to meet the accreditation

15  requirements within the specified timeframes. The agency may

16  adopt rules as to the accreditation of magnetic resonance

17  imaging clinics.

18         Section 177.  Subsections (1) and (3) of section

19  400.995, Florida Statutes, are amended, and subsection (10) is

20  added to said section, to read:

21         400.995  Agency administrative penalties.--

22         (1)  The agency may deny the application for a license

23  renewal, revoke or suspend the license, and impose

24  administrative fines penalties against clinics of up to $5,000

25  per violation for violations of the requirements of this part

26  or rules of the agency. In determining if a penalty is to be

27  imposed and in fixing the amount of the fine, the agency shall

28  consider the following factors:

29         (a)  The gravity of the violation, including the

30  probability that death or serious physical or emotional harm

31  to a patient will result or has resulted, the severity of the


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 1  action or potential harm, and the extent to which the

 2  provisions of the applicable laws or rules were violated.

 3         (b)  Actions taken by the owner, medical director, or

 4  clinic director to correct violations.

 5         (c)  Any previous violations.

 6         (d)  The financial benefit to the clinic of committing

 7  or continuing the violation.

 8         (3)  Any action taken to correct a violation shall be

 9  documented in writing by the owner, medical director, or

10  clinic director of the clinic and verified through followup

11  visits by agency personnel. The agency may impose a fine and,

12  in the case of an owner-operated clinic, revoke or deny a

13  clinic's license when a clinic medical director or clinic

14  director knowingly fraudulently misrepresents actions taken to

15  correct a violation.

16         (10)  If the agency issues a notice of intent to deny a

17  license application after a temporary license has been issued

18  pursuant to s. 400.991(3), the temporary license shall expire

19  on the date of the notice and may not be extended during any

20  proceeding for administrative or judicial review pursuant to

21  chapter 120.

22         Section 178.  The agency shall refund 90 percent of the

23  license application fee to applicants that submitted their

24  health care clinic licensure fees and applications but were

25  subsequently exempted from licensure by this act.

26         Section 179.  Any person or entity defined as a clinic

27  under section 400.9905, Florida Statutes, shall not be in

28  violation of part XIII of chapter 400, Florida Statutes, due

29  to failure to apply for a clinic license by March 1, 2004, as

30  previously required by section 400.991, Florida Statutes.

31  Payment to any such person or entity by an insurer or other


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 1  person liable for payment to such person or entity may not be

 2  denied on the grounds that the person or entity failed to

 3  apply for or obtain a clinic license before March 1, 2004.

 4         Section 180.  Sections 173 through 179 shall take

 5  effect upon becoming a law, and section 174 shall apply

 6  retroactively to March 1, 2004.

 7         Section 181.  Paragraph (u) is added to subsection (3)

 8  of section 408.036, Florida Statutes, to read:

 9         408.036  Projects subject to review; exemptions.--

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

11  are subject to exemption from the provisions of subsection

12  (1):

13         (u)  For the addition of skilled nursing facility beds

14  as provided in this paragraph. Notwithstanding the moratorium

15  on community nursing home beds authorized in chapter 2001-45,

16  Laws of Florida, the agency may grant an exemption for:

17         1.  The addition of skilled nursing facility beds

18  licensed under part II of chapter 400 to a licensed skilled

19  nursing facility located in a county having up to 50,000

20  residents, in a number that may not exceed 10 total beds or 10

21  percent of the licensed capacity of the facility, whichever is

22  greater, if:

23         a.  Occupancy for the prior 12-month period at the

24  facility or in the applicable subdistrict met or exceeded 94

25  percent, and the facility has had no confirmed complaints or a

26  conditional license for the prior 30-month period; or

27         b.  For a facility that has been licensed for less than

28  24 months, facility occupancy exceeded 94 percent for the most

29  recent 6-month period and the facility has not had a confirmed

30  complaint or a conditional license since its initial

31  licensure.


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 1         2.  The new construction of a skilled nursing facility

 2  with up to 10 beds in a county having up to 50,000 residents

 3  if there are no licensed skilled nursing facility beds in that

 4  county.

 5         Section 182.  Section 408.831, Florida Statutes, is

 6  amended to read:

 7         408.831  Denial, suspension, or revocation of a

 8  license, registration, certificate, or application.--

 9         (1)  In addition to any other remedies provided by law,

10  the agency may deny each application or suspend or revoke each

11  license, registration, or certificate of entities regulated or

12  licensed by it:

13         (a)  If the applicant, licensee, registrant, or

14  certificateholder, or, in the case of a corporation,

15  partnership, or other business entity, if any affiliated

16  business entity, officer, director, agent, or managing

17  employee of that business entity or any affiliated person,

18  partner, or shareholder having an ownership interest equal to

19  5 percent or greater in that business entity, has failed to

20  pay all outstanding fines, liens, or overpayments assessed by

21  final order of the agency or final order of the Centers for

22  Medicare and Medicaid Services, not subject to further appeal,

23  unless a repayment plan is approved by the agency; or

24         (b)  For failure to comply with any repayment plan.

25         (2)  In reviewing any application requesting a change

26  of ownership or change of the licensee, registrant, or

27  certificateholder, the transferor shall, prior to agency

28  approval of the change, repay or make arrangements to repay

29  any amounts owed to the agency. Should the transferor fail to

30  repay or make arrangements to repay the amounts owed to the

31  agency, the issuance of a license, registration, or


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 1  certificate to the transferee shall be delayed until repayment

 2  or until arrangements for repayment are made.

 3         (3)  This section provides standards of enforcement

 4  applicable to all entities licensed or regulated by the Agency

 5  for Health Care Administration. This section controls over any

 6  conflicting provisions of chapters 39, 381, 383, 390, 391,

 7  393, 394, 395, 400, 408, 468, 483, and 641, and 765 or rules

 8  adopted pursuant to those chapters.

 9         Section 183.  Subsections (9) and (10) of section

10  440.102, Florida Statutes, are amended to read:

11         440.102  Drug-free workplace program requirements.--The

12  following provisions apply to a drug-free workplace program

13  implemented pursuant to law or to rules adopted by the Agency

14  for Health Care Administration:

15         (9)  DRUG-TESTING STANDARDS FOR LABORATORIES.--

16         (a)  The requirements of part II of chapter 408 apply

17  to the provision of services that necessitate licensure

18  pursuant to this section and part II of chapter 408 and to

19  entities licensed by or applying for such licensure from the

20  Agency for Health Care Administration pursuant to this

21  section.

22         (b)(a)  A laboratory may analyze initial or

23  confirmation test specimens only if:

24         1.  The laboratory obtains a license under the

25  requirements of part II of chapter 408 and s. 112.0455(17).

26  Each applicant for licensure must comply with all requirements

27  of part II of chapter 408, with the exception of s.

28  408.810(5)-(10). is licensed and approved by the Agency for

29  Health Care Administration using criteria established by the

30  United States Department of Health and Human Services as

31  general guidelines for modeling the state drug-testing program


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 1  pursuant to this section or the laboratory is certified by the

 2  United States Department of Health and Human Services.

 3         2.  The laboratory has written procedures to ensure the

 4  chain of custody.

 5         3.  The laboratory follows proper quality control

 6  procedures, including, but not limited to:

 7         a.  The use of internal quality controls, including the

 8  use of samples of known concentrations which are used to check

 9  the performance and calibration of testing equipment, and

10  periodic use of blind samples for overall accuracy.

11         b.  An internal review and certification process for

12  drug test results, conducted by a person qualified to perform

13  that function in the testing laboratory.

14         c.  Security measures implemented by the testing

15  laboratory to preclude adulteration of specimens and drug test

16  results.

17         d.  Other necessary and proper actions taken to ensure

18  reliable and accurate drug test results.

19         (c)(b)  A laboratory shall disclose to the medical

20  review officer a written positive confirmed test result report

21  within 7 working days after receipt of the sample. All

22  laboratory reports of a drug test result must, at a minimum,

23  state:

24         1.  The name and address of the laboratory that

25  performed the test and the positive identification of the

26  person tested.

27         2.  Positive results on confirmation tests only, or

28  negative results, as applicable.

29         3.  A list of the drugs for which the drug analyses

30  were conducted.

31  


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 1         4.  The type of tests conducted for both initial tests

 2  and confirmation tests and the minimum cutoff levels of the

 3  tests.

 4         5.  Any correlation between medication reported by the

 5  employee or job applicant pursuant to subparagraph (5)(b)2.

 6  and a positive confirmed drug test result.

 7  

 8  A report must not disclose the presence or absence of any drug

 9  other than a specific drug and its metabolites listed pursuant

10  to this section.

11         (d)(c)  The laboratory shall submit to the Agency for

12  Health Care Administration a monthly report with statistical

13  information regarding the testing of employees and job

14  applicants. The report must include information on the methods

15  of analysis conducted, the drugs tested for, the number of

16  positive and negative results for both initial tests and

17  confirmation tests, and any other information deemed

18  appropriate by the Agency for Health Care Administration. A

19  monthly report must not identify specific employees or job

20  applicants.

21         (10)  RULES.--The Agency for Health Care Administration

22  shall adopt rules pursuant to s. 112.0455, part II of chapter

23  408, and criteria established by the United States Department

24  of Health and Human Services as general guidelines for

25  modeling drug-free workplace laboratories the state

26  drug-testing program, concerning, but not limited to:

27         (a)  Standards for licensing drug-testing laboratories

28  and denial suspension and revocation of such licenses.

29         (b)  Urine, hair, blood, and other body specimens and

30  minimum specimen amounts that are appropriate for drug

31  testing.


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 1         (c)  Methods of analysis and procedures to ensure

 2  reliable drug-testing results, including standards for initial

 3  tests and confirmation tests.

 4         (d)  Minimum cutoff detection levels for each drug or

 5  metabolites of such drug for the purposes of determining a

 6  positive test result.

 7         (e)  Chain-of-custody procedures to ensure proper

 8  identification, labeling, and handling of specimens tested.

 9         (f)  Retention, storage, and transportation procedures

10  to ensure reliable results on confirmation tests and retests.

11         Section 184.  Subsection (2) of section 468.711,

12  Florida Statutes, is amended to read:

13         468.711  Renewal of license; continuing education.--

14         (2)  The board may, by rule, prescribe continuing

15  education requirements, not to exceed 24 hours biennially.

16  The criteria for continuing education shall be approved by the

17  board and shall include 4 hours in standard first aid and

18  cardiovascular pulmonary resuscitation from the American Red

19  Cross or equivalent training as determined by the board.

20         Section 185.  Section 468.723, Florida Statutes, is

21  amended to read:

22         468.723  Exemptions.--Nothing in this part shall be

23  construed as preventing or restricting:

24         (1)  The professional practice of a licensee of the

25  department who is acting within the scope of such practice.

26         (2)  A student athletic trainer acting under the direct

27  supervision of a licensed athletic trainer.

28         (3)  A person employed as a teacher apprentice trainer

29  I, a teacher apprentice trainer II, or a teacher athletic

30  trainer under s. 1012.46.

31  


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 1         (3)(4)  A person from administering standard first aid

 2  treatment to an athlete.

 3         (4)(5)  A person licensed under chapter 548, provided

 4  such person is acting within the scope of such license.

 5         (5)(6)  A person providing personal training

 6  instruction for exercise, aerobics, or weightlifting, if the

 7  person does not represent himself or herself as able to

 8  provide "athletic trainer" services and if any recognition or

 9  treatment of injuries is limited to the provision of first

10  aid.

11         Section 186.  Section 1012.46, Florida Statutes, is

12  amended to read:

13         1012.46  Athletic trainers.--

14         (1)  School districts may establish and implement an

15  athletic injuries prevention and treatment program. Central to

16  this program should be the employment and availability of

17  persons trained in the prevention and treatment of physical

18  injuries which may occur during athletic activities. The

19  program should reflect opportunities for progressive

20  advancement and compensation in employment as provided in

21  subsection (2) and meet certain other minimum standards

22  developed by the Department of Education. The goal of the

23  Legislature is to have school districts employ and have

24  available a full-time teacher athletic trainer in each high

25  school in the state.

26         (2)  To the extent practicable, a school district

27  program should include the following employment classification

28  and advancement scheme:

29         (a)  First responder.--To qualify as a first responder,

30  a person must possess a professional, temporary, part-time,

31  adjunct, or substitute certificate pursuant to s. 1012.56, be


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 1  certified in cardiopulmonary resuscitation, first aid, and

 2  have 15 semester hours in courses such as care and prevention

 3  of athletic injuries, anatomy, physiology, nutrition,

 4  counseling, and other similar courses approved by the

 5  Commissioner of Education. This person may only administer

 6  first aid and similar care and may not hold himself or herself

 7  out to the school district or public as an athletic trainer

 8  pursuant to part XIII of chapter 468.

 9         (b)  Teacher Athletic trainer.--To qualify as an a

10  teacher athletic trainer, a person must be licensed as

11  required by part XIII of chapter 468 and may be used by the

12  school district as possess a professional, temporary,

13  part-time, adjunct, or substitute teacher provided such person

14  holds a certificate pursuant to s. 1012.35, s. 1012.56 or s.

15  1012.57, and be licensed as required by part XIII of chapter

16  468.

17         Section 187.  Subsection (3) is added to section

18  483.035, Florida Statutes, to read:

19         483.035  Clinical laboratories operated by

20  practitioners for exclusive use; licensure and regulation.--

21         (3)  The requirements of part II of chapter 408 apply

22  to the provision of services that necessitate licensure

23  pursuant to this part and part II of chapter 408 and to

24  entities licensed by or applying for such licensure from the

25  Agency for Health Care Administration pursuant to this part;

26  however, an applicant for licensure is exempt from s.

27  408.810(5)-(10).

28         Section 188.  Subsection (1) of section 483.051,

29  Florida Statutes, is amended to read:

30  

31  


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 1         483.051  Powers and duties of the agency.--The agency

 2  shall adopt rules to implement this part, which rules must

 3  include, but are not limited to, the following:

 4         (1)  LICENSING; QUALIFICATIONS.--The agency shall

 5  provide for biennial licensure of all clinical laboratories

 6  meeting the requirements of this part and shall prescribe the

 7  qualifications necessary for such licensure. A license issued

 8  for operating a clinical laboratory, unless sooner suspended

 9  or revoked, expires on the date set forth by the agency on the

10  face of the license.

11         Section 189.  Section 483.061, Florida Statutes, is

12  amended to read:

13         483.061  Inspection of clinical laboratories.--

14         (1)  The agency shall ensure that each clinical

15  laboratory subject to this part is inspected either onsite or

16  offsite when deemed necessary by the agency, but at least

17  every 2 years, for the purpose of evaluating the operation,

18  supervision, and procedures of the facility to ensure

19  compliance with this part.  Collection stations and branch

20  offices may be inspected either onsite or offsite, when deemed

21  necessary by the agency. The agency may conduct or cause to be

22  conducted the following announced or unannounced inspections

23  at any reasonable time:

24         (a)  An inspection conducted at the direction of the

25  federal Health Care Financing Administration.

26         (b)  A licensure inspection.

27         (c)  A validation inspection.

28         (d)  A complaint investigation, including a full

29  licensure investigation with a review of all licensure

30  standards as outlined in rule. Complaints received by the

31  agency from individuals, organizations, or other sources are


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 1  subject to review and investigation by the agency.  If a

 2  complaint has been filed against a laboratory or if a

 3  laboratory has a substantial licensure deficiency, the agency

 4  may inspect the laboratory annually or as the agency considers

 5  necessary.

 6  

 7  However, for laboratories operated under s. 483.035, biennial

 8  licensure inspections shall be scheduled so as to cause the

 9  least disruption to the practitioner's scheduled patients.

10         (2)  The right of entry and inspection is extended to

11  any premises that is maintained as a laboratory without a

12  license, but such entry or inspection may not be made without

13  the permission of the owner or person in charge of the

14  laboratory, unless an inspection warrant as defined in s.

15  933.20 is first obtained.

16         (2)(3)  The agency may shall inspect an out-of-state

17  clinical laboratory under this section at the expense of the

18  out-of-state clinical laboratory to determine whether the

19  laboratory meets the requirements of this part and part II of

20  chapter 408.

21         (3)(4)  The agency shall accept, in lieu of its own

22  periodic inspections for licensure, the survey of or

23  inspection by private accrediting organizations that perform

24  inspections of clinical laboratories accredited by such

25  organizations, including postinspection activities required by

26  the agency.

27         (a)  The agency shall accept inspections performed by

28  such organizations if the accreditation is not provisional, if

29  such organizations perform postinspection activities required

30  by the agency and provide the agency with all necessary

31  inspection and postinspection reports and information


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 1  necessary for enforcement, if such organizations apply

 2  standards equal to or exceeding standards established and

 3  approved by the agency, and if such accrediting organizations

 4  are approved by the federal Health Care Financing

 5  Administration to perform such inspections.

 6         (b)  The agency may conduct complaint investigations

 7  made against laboratories inspected by accrediting

 8  organizations.

 9         (c)  The agency may conduct sample validation

10  inspections of laboratories inspected by accrediting

11  organizations to evaluate the accreditation process used by an

12  accrediting organization.

13         (d)  The agency may conduct a full inspection if an

14  accrediting survey has not been conducted within the previous

15  24 months, and the laboratory must pay the appropriate

16  inspection fee under s. 483.172.

17         (e)  The agency shall develop, and adopt, by rule,

18  criteria for accepting inspection and postinspection reports

19  of accrediting organizations in lieu of conducting a state

20  licensure inspection.

21         Section 190.  Section 483.091, Florida Statutes, is

22  amended to read:

23         483.091  Clinical laboratory license.--A person may not

24  conduct, maintain, or operate a clinical laboratory in this

25  state, except a laboratory that is exempt under s. 483.031,

26  unless the clinical laboratory has obtained a license from the

27  agency. A clinical laboratory may not send a specimen drawn

28  within this state to any clinical laboratory outside the state

29  for examination unless the out-of-state laboratory has

30  obtained a license from the agency.  A license is valid only

31  for the person or persons to whom it is issued and may not be


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 1  sold, assigned, or transferred, voluntarily or involuntarily,

 2  and is not valid for any premises other than those for which

 3  the license is issued. However, A new license may be secured

 4  for a the new location before the actual change, if the

 5  contemplated change complies with this part and the rules

 6  adopted under this part.  Application for a new clinical

 7  laboratory license must be made 60 days before a change in the

 8  ownership of the clinical laboratory.

 9         Section 191.  Section 483.101, Florida Statutes, is

10  amended to read:

11         483.101  Application for clinical laboratory license.--

12         (1)  An application for a clinical laboratory license

13  must be made under oath by the owner or director of the

14  clinical laboratory or by the public official responsible for

15  operating a state, municipal, or county clinical laboratory or

16  institution that contains a clinical laboratory, upon forms

17  provided by the agency.

18         (2)  Each applicant for licensure must comply with the

19  following requirements:

20         (a)  Upon receipt of a completed, signed, and dated

21  application, the agency shall require background screening, in

22  accordance with the level 2 standards for screening set forth

23  in chapter 435, of the managing director or other similarly

24  titled individual who is responsible for the daily operation

25  of the laboratory and of the financial officer, or other

26  similarly titled individual who is responsible for the

27  financial operation of the laboratory, including billings for

28  patient services. The applicant must comply with the

29  procedures for level 2 background screening as set forth in

30  chapter 435, as well as the requirements of s. 435.03(3).

31  


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 1         (b)  The agency may require background screening of any

 2  other individual who is an applicant if the agency has

 3  probable cause to believe that he or she has been convicted of

 4  a crime or has committed any other offense prohibited under

 5  the level 2 standards for screening set forth in chapter 435.

 6         (c)  Proof of compliance with the level 2 background

 7  screening requirements of chapter 435 which has been submitted

 8  within the previous 5 years in compliance with any other

 9  health care licensure requirements of this state is acceptable

10  in fulfillment of the requirements of paragraph (a).

11         (d)  A provisional license may be granted to an

12  applicant when each individual required by this section to

13  undergo background screening has met the standards for the

14  Department of Law Enforcement background check but the agency

15  has not yet received background screening results from the

16  Federal Bureau of Investigation, or a request for a

17  disqualification exemption has been submitted to the agency as

18  set forth in chapter 435 but a response has not yet been

19  issued. A license may be granted to the applicant upon the

20  agency's receipt of a report of the results of the Federal

21  Bureau of Investigation background screening for each

22  individual required by this section to undergo background

23  screening which confirms that all standards have been met, or

24  upon the granting of a disqualification exemption by the

25  agency as set forth in chapter 435. Any other person who is

26  required to undergo level 2 background screening may serve in

27  his or her capacity pending the agency's receipt of the report

28  from the Federal Bureau of Investigation. However, the person

29  may not continue to serve if the report indicates any

30  violation of background screening standards and a

31  


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 1  disqualification exemption has not been requested of and

 2  granted by the agency as set forth in chapter 435.

 3         (e)  Each applicant must submit to the agency, with its

 4  application, a description and explanation of any exclusions,

 5  permanent suspensions, or terminations of the applicant from

 6  the Medicare or Medicaid programs. Proof of compliance with

 7  the requirements for disclosure of ownership and control

 8  interests under the Medicaid or Medicare programs may be

 9  accepted in lieu of this submission.

10         (f)  Each applicant must submit to the agency a

11  description and explanation of any conviction of an offense

12  prohibited under the level 2 standards of chapter 435 by a

13  member of the board of directors of the applicant, its

14  officers, or any individual owning 5 percent or more of the

15  applicant. This requirement does not apply to a director of a

16  not-for-profit corporation or organization if the director

17  serves solely in a voluntary capacity for the corporation or

18  organization, does not regularly take part in the day-to-day

19  operational decisions of the corporation or organization,

20  receives no remuneration for his or her services on the

21  corporation or organization's board of directors, and has no

22  financial interest and has no family members with a financial

23  interest in the corporation or organization, provided that the

24  director and the not-for-profit corporation or organization

25  include in the application a statement affirming that the

26  director's relationship to the corporation satisfies the

27  requirements of this paragraph.

28         (g)  A license may not be granted to an applicant if

29  the applicant or managing employee has been found guilty of,

30  regardless of adjudication, or has entered a plea of nolo

31  contendere or guilty to, any offense prohibited under the


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 1  level 2 standards for screening set forth in chapter 435,

 2  unless an exemption from disqualification has been granted by

 3  the agency as set forth in chapter 435.

 4         (h)  The agency may deny or revoke licensure if the

 5  applicant:

 6         1.  Has falsely represented a material fact in the

 7  application required by paragraph (e) or paragraph (f), or has

 8  omitted any material fact from the application required by

 9  paragraph (e) or paragraph (f); or

10         2.  Has had prior action taken against the applicant

11  under the Medicaid or Medicare program as set forth in

12  paragraph (e).

13         (i)  An application for license renewal must contain

14  the information required under paragraphs (e) and (f).

15         (3)  A license must be issued authorizing the

16  performance of one or more clinical laboratory procedures or

17  one or more tests on each specialty or subspecialty.  A

18  separate license is required of all laboratories maintained on

19  separate premises even if the laboratories are operated under

20  the same management. Upon receipt of a request for an

21  application for a clinical laboratory license, the agency

22  shall provide to the applicant a copy of the rules relating to

23  licensure and operations applicable to the laboratory for

24  which licensure is sought.

25         Section 192.  Section 483.111, Florida Statutes, is

26  amended to read:

27         483.111  Limitations on licensure.--A license may be

28  issued to a clinical laboratory to perform only those clinical

29  laboratory procedures and tests that are within the

30  specialties or subspecialties in which the clinical laboratory

31  personnel are qualified.  A license may not be issued unless


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 1  the agency determines that the clinical laboratory is

 2  adequately staffed and equipped to operate in conformity with

 3  the requirements of this part, part II of chapter 408, and

 4  applicable the rules adopted under this part.

 5         Section 193.  Section 483.131, Florida Statutes, is

 6  repealed.

 7         Section 194.  Section 483.172, Florida Statutes, is

 8  amended to read:

 9         483.172  License fees.--

10         (1)  In accordance with s. 408.805, an applicant or

11  licensee shall pay a fee for each license application

12  submitted under this part and part II of chapter 408. The

13  agency shall collect fees for all licenses issued under this

14  part.  Each fee is due at the time of application and must be

15  payable to the agency to be deposited in the Health Care Trust

16  Fund administered by the agency.

17         (2)  The biennial license fee schedule is as follows,

18  unless modified by rule:

19         (a)  If a laboratory performs not more than 2,000 tests

20  annually, the fee is $400.

21         (b)  If a laboratory performs not more than 3

22  categories of procedures with a total annual volume of more

23  than 2,000 but no more than 10,000 tests, the license fee is

24  $965.

25         (c)  If a laboratory performs at least 4 categories of

26  procedures with a total annual volume of not more than 10,000

27  tests, the license fee is $1,294.

28         (d)  If a laboratory performs not more than 3

29  categories of procedures with a total annual volume of more

30  than 10,000 but not more than 25,000 tests, the license fee is

31  $1,592.


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 1         (e)  If a laboratory performs at least 4 categories of

 2  procedures with a total annual volume of more than 10,000 but

 3  not more than 25,000 tests, the license fee is $2,103.

 4         (f)  If a laboratory performs a total of more than

 5  25,000 but not more than 50,000 tests annually, the license

 6  fee is $2,364.

 7         (g)  If a laboratory performs a total of more than

 8  50,000 but not more than 75,000 tests annually, the license

 9  fee is $2,625.

10         (h)  If a laboratory performs a total of more than

11  75,000 but not more than 100,000 tests annually, the license

12  fee is $2,886.

13         (i)  If a laboratory performs a total of more than

14  100,000 but not more than 500,000 tests annually, the license

15  fee is $3,397.

16         (j)  If a laboratory performs a total of more than

17  500,000 but not more than 1 million tests annually, the

18  license fee is $3,658.

19         (k)  If a laboratory performs a total of more than 1

20  million tests annually, the license fee is $3,919.

21         (3)  The agency shall assess a biennial fee of $100 for

22  a certificate of exemption and a $100 license fee for

23  facilities surveyed by an approved accrediting organization.

24         Section 195.  Section 483.201, Florida Statutes, is

25  amended to read:

26         483.201  Grounds for disciplinary action against

27  clinical laboratories.--In addition to the requirements of

28  part II of chapter 408, the following acts constitute grounds

29  for which a disciplinary action specified in s. 483.221 may be

30  taken against a clinical laboratory:

31  


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 1         (1)  Making a fraudulent statement on an application

 2  for a clinical laboratory license or any other document

 3  required by the agency.

 4         (1)(2)  Permitting unauthorized persons to perform

 5  technical procedures or to issue reports.

 6         (2)(3)  Demonstrating incompetence or making consistent

 7  errors in the performance of clinical laboratory examinations

 8  and procedures or erroneous reporting.

 9         (3)(4)  Performing a test and rendering a report

10  thereon to a person not authorized by law to receive such

11  services.

12         (4)(5)  Knowingly having professional connection with

13  or knowingly lending the use of the name of the licensed

14  clinical laboratory or its director to an unlicensed clinical

15  laboratory.

16         (5)(6)  Violating or aiding and abetting in the

17  violation of any provision of this part or the rules adopted

18  under this part.

19         (6)(7)  Failing to file any report required by the

20  provisions of this part or the rules adopted under this part.

21         (7)(8)  Reporting a test result for a clinical specimen

22  if the test was not performed on the clinical specimen.

23         (8)(9)  Performing and reporting tests in a specialty

24  or subspecialty in which the laboratory is not licensed.

25         (9)(10)  Knowingly advertising false services or

26  credentials.

27         (10)(11)  Failing to correct deficiencies within the

28  time required by the agency.

29         Section 196.  Section 483.221, Florida Statutes, is

30  amended to read:

31         483.221  Administrative fines penalties.--


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 1         (1)(a)  In accordance with part II of chapter 408, the

 2  agency may deny, suspend, revoke, annul, limit, or deny

 3  renewal of a license or impose an administrative fine, not to

 4  exceed $1,000 per violation, for the violation of any

 5  provision of this part or rules adopted under this part. Each

 6  day of violation constitutes a separate violation and is

 7  subject to a separate fine.

 8         (2)(b)  In determining the penalty to be imposed for a

 9  violation, as provided in subsection (1) paragraph (a), the

10  following factors must be considered:

11         (a)1.  The severity of the violation, including the

12  probability that death or serious harm to the health or safety

13  of any person will result or has resulted; the severity of the

14  actual or potential harm; and the extent to which the

15  provisions of this part were violated.

16         (b)2.  Actions taken by the licensee to correct the

17  violation or to remedy complaints.

18         (c)3.  Any previous violation by the licensee.

19         (d)4.  The financial benefit to the licensee of

20  committing or continuing the violation.

21         (c)  All amounts collected under this section must be

22  deposited into the Health Care Trust Fund administered by the

23  agency.

24         (2)  The agency may issue an emergency order

25  immediately suspending, revoking, annulling, or limiting a

26  license if it determines that any condition in the licensed

27  facility presents a clear and present danger to public health

28  or safety.

29         Section 197.  Section 483.23, Florida Statutes, is

30  amended to read:

31         483.23  Offenses; criminal penalties.--


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 1         (1)(a)  It is unlawful for any person to:

 2         1.  Operate, maintain, direct, or engage in the

 3  business of operating a clinical laboratory unless she or he

 4  has obtained a clinical laboratory license from the agency or

 5  is exempt under s. 483.031.

 6         1.2.  Conduct, maintain, or operate a clinical

 7  laboratory, other than an exempt laboratory or a laboratory

 8  operated under s. 483.035, unless the clinical laboratory is

 9  under the direct and responsible supervision and direction of

10  a person licensed under part III of this chapter.

11         2.3.  Allow any person other than an individual

12  licensed under part III of this chapter to perform clinical

13  laboratory procedures, except in the operation of a laboratory

14  exempt under s. 483.031 or a laboratory operated under s.

15  483.035.

16         3.4.  Violate or aid and abet in the violation of any

17  provision of this part or the rules adopted under this part.

18         (b)  The performance of any act specified in paragraph

19  (a) constitutes a misdemeanor of the second degree, punishable

20  as provided in s. 775.082 or s. 775.083.

21         (2)  Any use or attempted use of a forged license under

22  this part or part IV III of this chapter constitutes the crime

23  of forgery.

24         Section 198.  Section 483.25, Florida Statutes, is

25  repealed.

26         Section 199.  Section 483.291, Florida Statutes, is

27  amended to read:

28         483.291  Powers and duties of the agency; rules.--The

29  agency shall adopt rules to implement this part and part II of

30  chapter 408, which rules must include the following:

31  


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 1         (1)  LICENSING STANDARDS.--The agency shall license all

 2  multiphasic health testing centers meeting the requirements of

 3  this part and shall prescribe standards necessary for

 4  licensure.

 5         (2)  FEES.--In accordance with s. 408.805, an applicant

 6  or licensee shall pay a fee for each license application

 7  submitted under this part and part II of chapter 408. The

 8  agency shall establish annual fees, which shall be reasonable

 9  in amount, for licensing of centers.  The fees must be

10  sufficient in amount to cover the cost of licensing and

11  inspecting centers.

12         (a)  The annual licensure fee is due at the time of

13  application and is payable to the agency to be deposited in

14  the Health Care Trust Fund administered by the agency.  The

15  license fee must be not less than $600 $300 or more than

16  $2,000 per biennium $1,000.

17         (b)  The fee for late filing of an application for

18  license renewal is $200 and is in addition to the licensure

19  fee due for renewing the license.

20         (3)  ANNUAL LICENSING.--The agency shall provide for

21  annual licensing of centers.  Any center that fails to pay the

22  proper fee or otherwise fails to qualify by the date of

23  expiration of its license is delinquent, and its license is

24  automatically canceled without notice or further proceeding.

25  Upon cancellation of its license under this subsection, a

26  center may have its license reinstated only upon application

27  and qualification as provided for initial applicants and upon

28  payment of all delinquent fees.

29         (3)(4)  STANDARDS OF PERFORMANCE.--The agency shall

30  prescribe standards for the performance of health testing

31  procedures.


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 1         (4)(5)  CONSTRUCTION OF CENTERS.--The agency may adopt

 2  rules to ensure that centers comply with all local, county,

 3  state, and federal standards for the construction, renovation,

 4  maintenance, or repair of centers, which standards must ensure

 5  the conduct and operation of the centers in a manner that will

 6  protect the public health.

 7         (5)(6)  SAFETY AND SANITARY CONDITIONS WITHIN THE

 8  CENTER AND ITS SURROUNDINGS.--The agency shall establish

 9  standards relating to safety and sanitary conditions within

10  the center and its surroundings, including water supply;

11  sewage; the handling of specimens; identification,

12  segregation, and separation of biohazardous waste as required

13  by s. 381.0098; storage of chemicals; workspace; firesafety;

14  and general measures, which standards must ensure the

15  protection of the public health.  The agency shall determine

16  compliance by a multiphasic health testing center with the

17  requirements of s. 381.0098 by verifying that the center has

18  obtained all required permits.

19         (6)(7)  EQUIPMENT.--The agency shall establish minimum

20  standards for center equipment essential to the proper conduct

21  and operation of the center.

22         (7)(8)  PERSONNEL.--The agency shall prescribe minimum

23  qualifications for center personnel.  A center may employ as a

24  medical assistant a person who has at least one of the

25  following qualifications:

26         (a)  Prior experience of not less than 6 months as a

27  medical assistant in the office of a licensed medical doctor

28  or osteopathic physician or in a hospital, an ambulatory

29  surgical center, a home health agency, or a health maintenance

30  organization.

31  


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 1         (b)  Certification and registration by the American

 2  Medical Technologists Association or other similar

 3  professional association approved by the agency.

 4         (c)  Prior employment as a medical assistant in a

 5  licensed center for at least 6 consecutive months at some time

 6  during the preceding 2 years.

 7         Section 200.  Section 483.294, Florida Statutes, is

 8  amended to read:

 9         483.294  Inspection of centers.--The agency shall, at

10  least once annually, inspect the premises and operations of

11  all centers subject to licensure under this part, without

12  prior notice to the centers, for the purpose of studying and

13  evaluating the operation, supervision, and procedures of such

14  facilities, to determine their compliance with agency

15  standards and to determine their effect upon the health and

16  safety of the people of this state.

17         Section 201.  Section 483.30, Florida Statutes, is

18  amended to read:

19         483.30  Licensing of centers.--The requirements of part

20  II of chapter 408 apply to the provision of services that

21  necessitate licensure pursuant to this part and part II of

22  chapter 408 and to entities licensed by or applying for such

23  licensure from the Agency for Health Care Administration

24  pursuant to this part; however, an applicant for licensure is

25  exempt from s. 408.810(5)-(10).

26         (1)  A person may not conduct, maintain, or operate a

27  multiphasic health testing center in this state without

28  obtaining a multiphasic health testing center license from the

29  agency.  The license is valid only for the person or persons

30  to whom it is issued and may not be sold, assigned, or

31  transferred, voluntarily or involuntarily. A license is not


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 1  valid for any premises other than the center for which it is

 2  issued.  However, a new license may be secured for the new

 3  location for a fixed center before the actual change, if the

 4  contemplated change is in compliance with this part and the

 5  rules adopted under this part. A center must be relicensed if

 6  a change of ownership occurs.  Application for relicensure

 7  must be made 60 days before the change of ownership.

 8         (2)  Each applicant for licensure must comply with the

 9  following requirements:

10         (a)  Upon receipt of a completed, signed, and dated

11  application, the agency shall require background screening, in

12  accordance with the level 2 standards for screening set forth

13  in chapter 435, of the managing employee, or other similarly

14  titled individual who is responsible for the daily operation

15  of the center, and of the financial officer, or other

16  similarly titled individual who is responsible for the

17  financial operation of the center, including billings for

18  patient services.  The applicant must comply with the

19  procedures for level 2 background screening as set forth in

20  chapter 435, as well as the requirements of s. 435.03(3).

21         (b)  The agency may require background screening of any

22  other individual who is an applicant if the agency has

23  probable cause to believe that he or she has been convicted of

24  a crime or has committed any other offense prohibited under

25  the level 2 standards for screening set forth in chapter 435.

26         (c)  Proof of compliance with the level 2 background

27  screening requirements of chapter 435 which has been submitted

28  within the previous 5 years in compliance with any other

29  health care licensure requirements of this state is acceptable

30  in fulfillment of the requirements of paragraph (a).

31  


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 1         (d)  A provisional license may be granted to an

 2  applicant when each individual required by this section to

 3  undergo background screening has met the standards for the

 4  Department of Law Enforcement background check, but the agency

 5  has not yet received background screening results from the

 6  Federal Bureau of Investigation, or a request for a

 7  disqualification exemption has been submitted to the agency as

 8  set forth in chapter 435 but a response has not yet been

 9  issued. A license may be granted to the applicant upon the

10  agency's receipt of a report of the results of the Federal

11  Bureau of Investigation background screening for each

12  individual required by this section to undergo background

13  screening which confirms that all standards have been met, or

14  upon the granting of a disqualification exemption by the

15  agency as set forth in chapter 435. Any other person who is

16  required to undergo level 2 background screening may serve in

17  his or her capacity pending the agency's receipt of the report

18  from the Federal Bureau of Investigation. However, the person

19  may not continue to serve if the report indicates any

20  violation of background screening standards and a

21  disqualification exemption has not been requested of and

22  granted by the agency as set forth in chapter 435.

23         (e)  Each applicant must submit to the agency, with its

24  application, a description and explanation of any exclusions,

25  permanent suspensions, or terminations of the applicant from

26  the Medicare or Medicaid programs. Proof of compliance with

27  the requirements for disclosure of ownership and control

28  interests under the Medicaid or Medicare programs may be

29  accepted in lieu of this submission.

30         (f)  Each applicant must submit to the agency a

31  description and explanation of any conviction of an offense


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 1  prohibited under the level 2 standards of chapter 435 by a

 2  member of the board of directors of the applicant, its

 3  officers, or any individual owning 5 percent or more of the

 4  applicant. This requirement does not apply to a director of a

 5  not-for-profit corporation or organization if the director

 6  serves solely in a voluntary capacity for the corporation or

 7  organization, does not regularly take part in the day-to-day

 8  operational decisions of the corporation or organization,

 9  receives no remuneration for his or her services on the

10  corporation or organization's board of directors, and has no

11  financial interest and has no family members with a financial

12  interest in the corporation or organization, provided that the

13  director and the not-for-profit corporation or organization

14  include in the application a statement affirming that the

15  director's relationship to the corporation satisfies the

16  requirements of this paragraph.

17         (g)  A license may not be granted to an applicant if

18  the applicant or managing employee has been found guilty of,

19  regardless of adjudication, or has entered a plea of nolo

20  contendere or guilty to, any offense prohibited under the

21  level 2 standards for screening set forth in chapter 435,

22  unless an exemption from disqualification has been granted by

23  the agency as set forth in chapter 435.

24         (h)  The agency may deny or revoke licensure if the

25  applicant:

26         1.  Has falsely represented a material fact in the

27  application required by paragraph (e) or paragraph (f), or has

28  omitted any material fact from the application required by

29  paragraph (e) or paragraph (f); or

30  

31  


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 1         2.  Has had prior action taken against the applicant

 2  under the Medicaid or Medicare program as set forth in

 3  paragraph (e).

 4         (i)  An application for license renewal must contain

 5  the information required under paragraphs (e) and (f).

 6         Section 202.  Section 483.302, Florida Statutes, is

 7  amended to read:

 8         483.302  Application for license.--

 9         (1)  Application for a license as required by s. 483.30

10  must be made to the agency on forms furnished by it and must

11  be accompanied by the appropriate license fee.

12         (2)  The application for a license must shall contain:

13         (1)(a)  A determination as to whether the facility will

14  be fixed or mobile and the location for a fixed facility.

15         (b)  The name and address of the owner if an

16  individual; if the owner is a firm, partnership, or

17  association, the name and address of every member thereof; if

18  the owner is a corporation, its name and address and the name

19  and address of its medical director and officers and of each

20  person having at least a 10 percent interest in the

21  corporation.

22         (2)(c)  The name of any person whose name is required

23  on the application under the provisions of paragraph (b) and

24  who owns at least a 10 percent interest in any professional

25  service, firm, association, partnership, or corporation

26  providing goods, leases, or services to the center for which

27  the application is made, and the name and address of the

28  professional service, firm, association, partnership, or

29  corporation in which such interest is held.

30         (d)  The name by which the facility is to be known.

31  


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 1         (3)(e)  The name, address, and Florida physician's

 2  license number of the medical director.

 3         Section 203.  Section 483.311 and subsection (1) of

 4  section 483.317, Florida Statutes, are repealed.

 5         Section 204.  Section 483.32, Florida Statutes, is

 6  amended to read:

 7         483.32  Administrative fines penalties.--

 8         (1)(a)  The agency may deny, suspend, revoke, annul,

 9  limit, or deny renewal of a license or impose an

10  administrative fine, not to exceed $500 per violation, for the

11  violation of any provision of this part, part II of chapter

12  408, or applicable rules adopted under this part.  Each day of

13  violation constitutes a separate violation and is subject to a

14  separate fine.

15         (2)(b)  In determining the amount of the fine to be

16  levied for a violation, as provided in paragraph (a), the

17  following factors shall be considered:

18         (a)1.  The severity of the violation, including the

19  probability that death or serious harm to the health or safety

20  of any person will result or has resulted; the severity of the

21  actual or potential harm; and the extent to which the

22  provisions of this part were violated.

23         (b)2.  Actions taken by the licensee to correct the

24  violation or to remedy complaints.

25         (c)3.  Any previous violation by the licensee.

26         (d)4.  The financial benefit to the licensee of

27  committing or continuing the violation.

28         (c)  All amounts collected under this section must be

29  deposited into the Health Care Trust Fund administered by the

30  agency.

31  


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 1         (2)  The agency may issue an emergency order

 2  immediately suspending, revoking, annulling, or limiting a

 3  license when it determines that any condition in the licensed

 4  facility presents a clear and present danger to public health

 5  and safety.

 6         Section 205.  Subsection (1) of section 483.322 and

 7  section 483.328, Florida Statutes, are repealed.

 8         Section 206.  In the case of a conflict between the

 9  provisions of part II of chapter 408, Florida Statutes, and

10  the authorizing statutes governing the licensure of health

11  care providers by the Agency for Health Care Administration,

12  found in chapter 112, chapter 383, chapter 390, chapter 394,

13  chapter 395, chapter 400, chapter 440, or chapter 483, Florida

14  Statutes, the provisions of part II of chapter 408, Florida

15  Statutes, shall prevail.

16         Section 207.  Between October 1, 2004, and September

17  30, 2005, the Agency for Health Care Administration may issue

18  any license for less than a 2-year period by charging a

19  prorated licensure fee and specifying a different renewal date

20  than the date that would otherwise be required for biennial

21  licensure.

22         Section 208.  Subsection (7) of section 651.118,

23  Florida Statutes, is amended to read:

24         651.118  Agency for Health Care Administration;

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

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

27  at the discretion of the continuing care provider, sheltered

28  nursing home beds may be used for persons who are not

29  residents of the continuing care facility and who are not

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

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


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

 2  expiring may request the Agency for Health Care Administration

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

 4  sheltered nursing home beds, if the utilization by residents

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

 6  generate sufficient income to cover nursing home facility

 7  expenses, as evidenced by one of the following:

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

 9  most recent fiscal year as determined under generally accepted

10  accounting principles, excluding the effects of extraordinary

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

12  financial statement; or

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

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

15  effects of extraordinary or unusual items, if revenues were

16  reduced by the amount of revenues from persons in sheltered

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

18  public accountant.

19  

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

21  provider based on the evidence required in this subsection.

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

23  25 percent of the patient days generated by new admissions of

24  nonresidents during the extension period to serve Medicaid

25  recipients for those beds authorized for extended use if there

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

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

28  prohibited from applying for additional sheltered beds under

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

30  units are built or the provider can demonstrate need by

31  continuing care facility residents to the Agency for Health


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

 2  five sheltered beds designated for inpatient hospice care as

 3  part of a contractual arrangement with a hospice licensed

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

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

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

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

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

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

10  chapter 400.

11         Section 209.  Subsection (7) of section 456.025,

12  Florida Statutes, is amended to read:

13         456.025  Fees; receipts; disposition.--

14         (7)  Each board, or the department if there is no

15  board, shall establish, by rule, a fee not to exceed $250 for

16  anyone seeking approval to provide continuing education

17  courses or programs and shall establish by rule a biennial

18  renewal fee not to exceed $250 for the renewal of providership

19  of such courses. The fees collected from continuing education

20  providers shall be used for the purposes of reviewing course

21  provider applications, monitoring the integrity of the courses

22  provided, and covering legal expenses incurred as a result of

23  not granting or renewing a providership, and developing and

24  maintaining an electronic continuing education tracking

25  system. The department shall implement an electronic

26  continuing education tracking system for each new biennial

27  renewal cycle for which electronic renewals are implemented

28  after the effective date of this act and shall integrate such

29  system into the licensure and renewal system. All approved

30  continuing education providers shall provide information on

31  course attendance to the department necessary to implement the


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 1  electronic tracking system. The department shall, by rule,

 2  specify the form and procedures by which the information is to

 3  be submitted.

 4         Section 210.  Section 456.0251, Florida Statutes, is

 5  created to read:

 6         456.0251  Continuing education.--

 7         (1)  Unless otherwise provided in a profession's

 8  practice act, each board, or the department if there is no

 9  board, shall establish by rule procedures for approval of

10  continuing education providers and continuing education

11  courses for renewal of licenses. Except for those continuing

12  education courses whose subjects are prescribed by law, each

13  board, or the department if there is no board, may limit by

14  rule the subject matter for approved continuing education

15  courses to courses addressing the scope of practice of each

16  respective health care profession.

17         (2)  Licensees who have not completed all of the

18  continuing education credits required for licensure during a

19  biennium may obtain an extension of 3 months from the date

20  after the end of the license renewal biennium within which to

21  complete the requisite hours for license renewal. Each board,

22  or the department if there is no board, shall establish by

23  rule procedures for requesting a 3-month extension and whether

24  proof of completion of some approved hours of continuing

25  education are required to be submitted with the request for

26  extension as a prerequisite for granting the request.

27         (3)  Failure to complete the requisite number of hours

28  of continuing education hours within a license renewal

29  biennium or within a 3 month period from the date after the

30  end of the license renewal biennium, if requested, shall be

31  grounds for issuance of a citation and a fine, plus a


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 1  requirement that at least the deficit hours are completed

 2  within a time established by rule of each board, or the

 3  department if there is no board. Each board, or the department

 4  if there is no board, shall establish by rule a fine for each

 5  continuing education hour which was not completed within the

 6  license renewal biennium or the 3-month period following the

 7  last day of the biennium if so requested, not to exceed $500

 8  per each hour not completed. The issuance of the citation and

 9  fine shall not be considered discipline. A citation and a fine

10  issued under this subsection may only be issued to a licensee

11  a maximum of two times for two separate failures to complete

12  the requisite number of hours for license renewal.

13         (4)  The department shall report to each board no later

14  than 3 months following the last day of the license renewal

15  biennium the percentage of licensees regulated by that board

16  who have not timely complied with the continuing education

17  requirements during the previous license renewal biennium for

18  which auditing of licensees regulated by that board are

19  completed. Each board shall direct the department the

20  percentage of licensees regulated by that board that are to be

21  audited during the next license renewal biennium. In addition

22  to the percentage of licensees audited as directed by the

23  boards, the department shall audit those licensees found to be

24  deficient during any of the two license renewal bienniums.

25         Section 211.  Paragraph (ff) is added to subsection (1)

26  of section 456.072, Florida Statutes, to read:

27         456.072  Grounds for discipline; penalties;

28  enforcement.--

29         (1)  The following acts shall constitute grounds for

30  which the disciplinary actions specified in subsection (2) may

31  be taken:


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 1         (ff)  Failure for a third or more times to complete the

 2  requisite number of hours of continuing education hours within

 3  a license renewal biennium period or within a 3-month period

 4  from the date after the end of the license renewal biennium,

 5  if the extension was requested.

 6         Section 212.  Sections 212 through 228 of this act may

 7  be cited as the "Clara Ramsey Care of the Elderly Act."

 8         Section 213.  Certified Geriatric Specialist

 9  Preparation Pilot Program.--

10         (1)  The Agency for Workforce Innovation shall

11  establish a pilot program for delivery of geriatric nursing

12  education to certified nursing assistants who wish to become

13  certified geriatric specialists. The agency shall select two

14  pilot sites in nursing homes that have received the Gold Seal

15  designation under section 400.235, Florida Statutes; have been

16  designated as a teaching nursing home under section 430.80,

17  Florida Statutes; or have not received a class I or class II

18  deficiency within the 30 months preceding application for this

19  program.

20         (2)  To be eligible to receive geriatric nursing

21  education, a certified nursing assistant must have been

22  employed by a participating nursing home for at least 1 year

23  and must have received a high school diploma or its

24  equivalent.

25         (3)  The education shall be provided at the worksite

26  and in coordination with the certified nursing assistant's

27  work schedule.

28         (4)  Faculty shall provide the instruction under an

29  approved nursing program pursuant to section 464.019, Florida

30  Statutes.

31  


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 1         (5)  The education must be designed to prepare the

 2  certified nursing assistant to meet the requirements for

 3  certification as a geriatric specialist. The didactic and

 4  clinical education must include all portions of the practical

 5  nursing curriculum pursuant to section 464.019, Florida

 6  Statutes, except for pediatric and obstetric/maternal-child

 7  education, and must include additional education in the care

 8  of ill, injured, or infirm geriatric patients and the

 9  maintenance of health, the prevention of injury, and the

10  provision of palliative care for geriatric patients.

11         Section 214.  Certified Geriatric Specialty Nursing

12  Initiative Steering Committee.--

13         (1)  In order to guide the implementation of the

14  Certified Geriatric Specialist Preparation Pilot Program,

15  there is created a Certified Geriatric Specialty Nursing

16  Initiative Steering Committee. The steering committee shall be

17  composed of the following members:

18         (a)  The chair of the Board of Nursing or his or her

19  designee;

20         (b)  A representative of the Agency for Workforce

21  Innovation, appointed by the Director of Workforce Innovation;

22         (c)  A representative of Workforce Florida, Inc.,

23  appointed by the chair of the Board of Directors of Workforce

24  Florida, Inc.;

25         (d)  A representative of the Department of Education,

26  appointed by the Commissioner of Education;

27         (e)  A representative of the Department of Health,

28  appointed by the Secretary of Health;

29         (f)  A representative of the Agency for Health Care

30  Administration, appointed by the Secretary of Health Care

31  Administration;


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 1         (g)  The Director of the Florida Center for Nursing;

 2         (h)  A representative of the Department of Elderly

 3  Affairs, appointed by the Secretary of Elderly Affairs; and

 4         (i)  A representative of a Gold Seal nursing home that

 5  is not one of the pilot program sites, appointed by the

 6  Secretary of Health Care Administration.

 7         (2)  The steering committee shall:

 8         (a)  Provide consultation and guidance to the Agency

 9  for Workforce Innovation on matters of policy during the

10  implementation of the pilot program; and

11         (b)  Provide oversight to the evaluation of the pilot

12  program.

13         (3)  Members of the steering committee are entitled to

14  reimbursement for per diem and travel expenses under section

15  112.061, Florida Statutes.

16         (4)  The steering committee shall complete its

17  activities by June 30, 2007, and the authorization for the

18  steering committee ends on that date.

19         Section 215.  Evaluation of the Certified Geriatric

20  Specialist Preparation Pilot Program.--The Agency for

21  Workforce Innovation, in consultation with the Certified

22  Geriatric Specialty Nursing Initiative Steering Committee,

23  shall conduct or contract for an evaluation of the pilot

24  program. The agency shall ensure that an evaluation report is

25  submitted to the Governor, the President of the Senate, and

26  the Speaker of the House of Representatives by January 1,

27  2007. The evaluation must address the experience and success

28  of the certified nursing assistants in the pilot program and

29  must contain recommendations regarding the expansion of the

30  delivery of geriatric nursing education in nursing homes.

31  


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 1         Section 216.  Reports.--The Agency for Workforce

 2  Innovation shall submit status reports and recommendations

 3  regarding legislation necessary to further the implementation

 4  of the pilot program to the Governor, the President of the

 5  Senate, and the Speaker of the House of Representatives on

 6  January 1, 2005, January 1, 2006, and January 1, 2007.

 7         Section 217.  Section 464.0125, Florida Statutes, is

 8  created to read:

 9         464.0125  Certified geriatric specialists;

10  certification requirements.--

11         (1)  DEFINITIONS; RESPONSIBILITIES.--

12         (a)  As used in this section, the term:

13         1.  "Certified geriatric specialist" means a person who

14  meets the qualifications specified in this section and who is

15  certified by the board to practice as a certified geriatric

16  specialist.

17         2.  "Geriatric patient" means any patient who is 60

18  years of age or older.

19         3.  "Practice of certified geriatric specialty nursing"

20  means the performance of selected acts in facilities licensed

21  under part II or part III of chapter 400, including the

22  administration of treatments and medications, in the care of

23  ill, injured, or infirm geriatric patients and the promotion

24  of wellness, maintenance of health, and prevention of illness

25  of geriatric patients under the direction of a registered

26  nurse, a licensed physician, a licensed osteopathic physician,

27  a licensed podiatric physician, or a licensed dentist. The

28  scope of practice of a certified geriatric specialist includes

29  the practice of practical nursing as defined in s. 464.003 for

30  geriatric patients only, except for any act in which

31  instruction and clinical knowledge of pediatric nursing or


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 1  obstetric/maternal-child nursing is required. A certified

 2  geriatric specialist, while providing nursing services in

 3  facilities licensed under part II or part III of chapter 400,

 4  may supervise the activities of certified nursing assistants

 5  and other unlicensed personnel providing services in such

 6  facilities in accordance with rules adopted by the board.

 7         (b)  The certified geriatric specialist shall be

 8  responsible and accountable for making decisions that are

 9  based upon the individual's educational preparation and

10  experience in performing certified geriatric specialty

11  nursing.

12         (2)  CERTIFICATION.--

13         (a)  Any certified nursing assistant desiring to be

14  certified as a certified geriatric specialist must apply to

15  the department and submit proof that he or she holds a current

16  certificate as a certified nursing assistant under part II of

17  this chapter and has satisfactorily completed the following

18  requirements:

19         1.  Is in good mental and physical health, is a

20  recipient of a high school diploma or its equivalent; has

21  completed the requirements for graduation from an approved

22  program for nursing or its equivalent, as determined by the

23  board, for the preparation of licensed practical nurses,

24  except for instruction and clinical knowledge of pediatric

25  nursing or obstetric/maternal-child nursing; and has completed

26  additional education in the care of ill, injured, or infirm

27  geriatric patients, the maintenance of health, the prevention

28  of injury, and the provision of palliative care for geriatric

29  patients. By September 1, 2004, the Board of Nursing shall

30  adopt rules establishing the core competencies for the

31  additional education in geriatric care. Any program that is


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 1  approved on July 1, 2004, by the board for the preparation of

 2  registered nurses or licensed practical nurses may provide

 3  education for the preparation of certified geriatric

 4  specialists without further board approval.

 5         2.  Has the ability to communicate in the English

 6  language, which may be determined by an examination given by

 7  the department.

 8         3.  Has provided sufficient information, which must be

 9  submitted by the department for a statewide criminal records

10  correspondence check through the Department of Law

11  Enforcement.

12         (b)  Each applicant who meets the requirements of this

13  subsection is, unless denied pursuant to s. 464.018, entitled

14  to certification as a certified geriatric specialist. The

15  board must certify, and the department must issue a

16  certificate to practice as a certified geriatric specialist

17  to, any certified nursing assistant who meets the

18  qualifications set forth in this section. The board shall

19  establish an application fee not to exceed $100 and a biennial

20  renewal fee not to exceed $50. The board may adopt rules to

21  administer this section.

22         (c)  A person receiving certification under this

23  section shall:

24         1.  Work only within the confines of a facility

25  licensed under part II or part III of chapter 400.

26         2.  Care for geriatric patients only.

27         3.  Comply with the minimum standards of practice for

28  nurses and be subject to disciplinary action for violations of

29  s. 464.018.

30         (3)  ARTICULATION.--Any certified geriatric specialist

31  who completes the additional instruction and coursework in an


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 1  approved nursing program pursuant to s. 464.019 for the

 2  preparation of practical nursing in the areas of pediatric

 3  nursing and obstetric/maternal-child nursing is, unless denied

 4  pursuant to s. 464.018, entitled to licensure as a licensed

 5  practical nurse if the applicant otherwise meets the

 6  requirements of s. 464.008.

 7         (4)  TITLES AND ABBREVIATIONS; RESTRICTIONS;

 8  PENALTIES.--

 9         (a)  Only persons who hold certificates to practice as

10  certified geriatric specialists in this state or who are

11  performing services within the practice of certified geriatric

12  specialty nursing pursuant to the exception set forth in s.

13  464.022(8) may use the title "Certified Geriatric Specialist"

14  and the abbreviation "C.G.S."

15         (b)  A person may not practice or advertise as, or

16  assume the title of, certified geriatric specialist or use the

17  abbreviation "C.G.S." or take any other action that would lead

18  the public to believe that person is certified as such or is

19  performing services within the practice of certified geriatric

20  specialty nursing pursuant to the exception set forth in s.

21  464.022(8), unless that person is certified to practice as

22  such.

23         (c)  A violation of this subsection is a misdemeanor of

24  the first degree, punishable as provided in s. 775.082 or s.

25  775.083.

26         (5)  VIOLATIONS AND PENALTIES.--Practicing certified

27  geriatric specialty nursing, as defined in this section,

28  without holding an active certificate to do so constitutes a

29  felony of the third degree, punishable as provided in s.

30  775.082, s. 775.083, or s. 775.084.

31  


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 1         Section 218.  Paragraph (b) of subsection (1) of

 2  section 381.00315, Florida Statutes, is amended to read:

 3         381.00315  Public health advisories; public health

 4  emergencies.--The State Health Officer is responsible for

 5  declaring public health emergencies and issuing public health

 6  advisories.

 7         (1)  As used in this section, the term:

 8         (b)  "Public health emergency" means any occurrence, or

 9  threat thereof, whether natural or man made, which results or

10  may result in substantial injury or harm to the public health

11  from infectious disease, chemical agents, nuclear agents,

12  biological toxins, or situations involving mass casualties or

13  natural disasters. Prior to declaring a public health

14  emergency, the State Health Officer shall, to the extent

15  possible, consult with the Governor and shall notify the Chief

16  of Domestic Security Initiatives as created in s. 943.03. The

17  declaration of a public health emergency shall continue until

18  the State Health Officer finds that the threat or danger has

19  been dealt with to the extent that the emergency conditions no

20  longer exist and he or she terminates the declaration.

21  However, a declaration of a public health emergency may not

22  continue for longer than 60 days unless the Governor concurs

23  in the renewal of the declaration. The State Health Officer,

24  upon declaration of a public health emergency, may take

25  actions that are necessary to protect the public health. Such

26  actions include, but are not limited to:

27         1.  Directing manufacturers of prescription drugs or

28  over-the-counter drugs who are permitted under chapter 499 and

29  wholesalers of prescription drugs located in this state who

30  are permitted under chapter 499 to give priority to the

31  shipping of specified drugs to pharmacies and health care


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 1  providers within geographic areas that have been identified by

 2  the State Health Officer. The State Health Officer must

 3  identify the drugs to be shipped. Manufacturers and

 4  wholesalers located in the state must respond to the State

 5  Health Officer's priority shipping directive before shipping

 6  the specified drugs.

 7         2.  Notwithstanding chapters 465 and 499 and rules

 8  adopted thereunder, directing pharmacists employed by the

 9  department to compound bulk prescription drugs and provide

10  these bulk prescription drugs to physicians and nurses of

11  county health departments or any qualified person authorized

12  by the State Health Officer for administration to persons as

13  part of a prophylactic or treatment regimen.

14         3.  Notwithstanding s. 456.036, temporarily

15  reactivating the inactive license of the following health care

16  practitioners, when such practitioners are needed to respond

17  to the public health emergency: physicians licensed under

18  chapter 458 or chapter 459; physician assistants licensed

19  under chapter 458 or chapter 459; certified geriatric

20  specialists certified under part I of chapter 464; licensed

21  practical nurses, registered nurses, and advanced registered

22  nurse practitioners licensed under part I of chapter 464;

23  respiratory therapists licensed under part V of chapter 468;

24  and emergency medical technicians and paramedics certified

25  under part III of chapter 401. Only those health care

26  practitioners specified in this paragraph who possess an

27  unencumbered inactive license and who request that such

28  license be reactivated are eligible for reactivation. An

29  inactive license that is reactivated under this paragraph

30  shall return to inactive status when the public health

31  emergency ends or prior to the end of the public health


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 1  emergency if the State Health Officer determines that the

 2  health care practitioner is no longer needed to provide

 3  services during the public health emergency. Such licenses may

 4  only be reactivated for a period not to exceed 90 days without

 5  meeting the requirements of s. 456.036 or chapter 401, as

 6  applicable.

 7         4.  Ordering an individual to be examined, tested,

 8  vaccinated, treated, or quarantined for communicable diseases

 9  that have significant morbidity or mortality and present a

10  severe danger to public health. Individuals who are unable or

11  unwilling to be examined, tested, vaccinated, or treated for

12  reasons of health, religion, or conscience may be subjected to

13  quarantine.

14         a.  Examination, testing, vaccination, or treatment may

15  be performed by any qualified person authorized by the State

16  Health Officer.

17         b.  If the individual poses a danger to the public

18  health, the State Health Officer may subject the individual to

19  quarantine. If there is no practical method to quarantine the

20  individual, the State Health Officer may use any means

21  necessary to vaccinate or treat the individual.

22  

23  Any order of the State Health Officer given to effectuate this

24  paragraph shall be immediately enforceable by a law

25  enforcement officer under s. 381.0012.

26         Section 219.  Subsection (14) of section 400.021,

27  Florida Statutes, is amended to read:

28         400.021  Definitions.--When used in this part, unless

29  the context otherwise requires, the term:

30         (14)  "Nursing service" means such services or acts as

31  may be rendered, directly or indirectly, to and in behalf of a


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 1  person by individuals as defined in ss. s. 464.003 and

 2  464.0125.

 3         Section 220.  Subsection (1) of section 400.211,

 4  Florida Statutes, is amended to read:

 5         400.211  Persons employed as nursing assistants;

 6  certification requirement.--

 7         (1)  To serve as a nursing assistant in any nursing

 8  home, a person must be certified as a nursing assistant under

 9  part II of chapter 464, unless the person is a registered

10  nurse, a or practical nurse, or a certified geriatric

11  specialist certified or licensed in accordance with part I of

12  chapter 464 or an applicant for such licensure who is

13  permitted to practice nursing in accordance with rules adopted

14  by the Board of Nursing pursuant to part I of chapter 464.

15         Section 221.  Paragraphs (a) and (c) of subsection (3)

16  of section 400.23, Florida Statutes, are amended to read:

17         400.23  Rules; evaluation and deficiencies; licensure

18  status.--

19         (3)(a)  The agency shall adopt rules providing for the

20  minimum staffing requirements for nursing homes. These

21  requirements shall include, for each nursing home facility, a

22  minimum certified nursing assistant staffing of 2.3 hours of

23  direct care per resident per day beginning January 1, 2002,

24  increasing to 2.6 hours of direct care per resident per day

25  beginning January 1, 2003, and increasing to 2.9 hours of

26  direct care per resident per day beginning May 1, 2004.

27  Beginning January 1, 2002, no facility shall staff below one

28  certified nursing assistant per 20 residents, and a minimum

29  licensed nursing staffing of 1.0 hour of direct resident care

30  per resident per day but never below one licensed nurse per 40

31  residents. For purposes of computing nursing staffing minimums


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 1  and ratios, certified geriatric specialists shall be

 2  considered licensed nursing staff. Nursing assistants employed

 3  never below one licensed nurse per 40 residents. Nursing

 4  assistants employed under s. 400.211(2) may be included in

 5  computing the staffing ratio for certified nursing assistants

 6  only if they provide nursing assistance services to residents

 7  on a full-time basis. Each nursing home must document

 8  compliance with staffing standards as required under this

 9  paragraph and post daily the names of staff on duty for the

10  benefit of facility residents and the public. The agency shall

11  recognize the use of licensed nurses for compliance with

12  minimum staffing requirements for certified nursing

13  assistants, provided that the facility otherwise meets the

14  minimum staffing requirements for licensed nurses and that the

15  licensed nurses so recognized are performing the duties of a

16  certified nursing assistant. Unless otherwise approved by the

17  agency, licensed nurses counted towards the minimum staffing

18  requirements for certified nursing assistants must exclusively

19  perform the duties of a certified nursing assistant for the

20  entire shift and shall not also be counted towards the minimum

21  staffing requirements for licensed nurses. If the agency

22  approved a facility's request to use a licensed nurse to

23  perform both licensed nursing and certified nursing assistant

24  duties, the facility must allocate the amount of staff time

25  specifically spent on certified nursing assistant duties for

26  the purpose of documenting compliance with minimum staffing

27  requirements for certified and licensed nursing staff. In no

28  event may the hours of a licensed nurse with dual job

29  responsibilities be counted twice.

30         (c)  Licensed practical nurses licensed under chapter

31  464 who are providing nursing services in nursing home


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 1  facilities under this part may supervise the activities of

 2  other licensed practical nurses, certified geriatric

 3  specialists, certified nursing assistants, and other

 4  unlicensed personnel providing services in such facilities in

 5  accordance with rules adopted by the Board of Nursing.

 6         Section 222.  Paragraph (b) of subsection (2) of

 7  section 409.908, Florida Statutes, is amended to read:

 8         409.908  Reimbursement of Medicaid providers.--Subject

 9  to specific appropriations, the agency shall reimburse

10  Medicaid providers, in accordance with state and federal law,

11  according to methodologies set forth in the rules of the

12  agency and in policy manuals and handbooks incorporated by

13  reference therein.  These methodologies may include fee

14  schedules, reimbursement methods based on cost reporting,

15  negotiated fees, competitive bidding pursuant to s. 287.057,

16  and other mechanisms the agency considers efficient and

17  effective for purchasing services or goods on behalf of

18  recipients. If a provider is reimbursed based on cost

19  reporting and submits a cost report late and that cost report

20  would have been used to set a lower reimbursement rate for a

21  rate semester, then the provider's rate for that semester

22  shall be retroactively calculated using the new cost report,

23  and full payment at the recalculated rate shall be affected

24  retroactively. Medicare-granted extensions for filing cost

25  reports, if applicable, shall also apply to Medicaid cost

26  reports. Payment for Medicaid compensable services made on

27  behalf of Medicaid eligible persons is subject to the

28  availability of moneys and any limitations or directions

29  provided for in the General Appropriations Act or chapter 216.

30  Further, nothing in this section shall be construed to prevent

31  or limit the agency from adjusting fees, reimbursement rates,


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 1  lengths of stay, number of visits, or number of services, or

 2  making any other adjustments necessary to comply with the

 3  availability of moneys and any limitations or directions

 4  provided for in the General Appropriations Act, provided the

 5  adjustment is consistent with legislative intent.

 6         (2)

 7         (b)  Subject to any limitations or directions provided

 8  for in the General Appropriations Act, the agency shall

 9  establish and implement a Florida Title XIX Long-Term Care

10  Reimbursement Plan (Medicaid) for nursing home care in order

11  to provide care and services in conformance with the

12  applicable state and federal laws, rules, regulations, and

13  quality and safety standards and to ensure that individuals

14  eligible for medical assistance have reasonable geographic

15  access to such care.

16         1.  Changes of ownership or of licensed operator do not

17  qualify for increases in reimbursement rates associated with

18  the change of ownership or of licensed operator. The agency

19  shall amend the Title XIX Long Term Care Reimbursement Plan to

20  provide that the initial nursing home reimbursement rates, for

21  the operating, patient care, and MAR components, associated

22  with related and unrelated party changes of ownership or

23  licensed operator filed on or after September 1, 2001, are

24  equivalent to the previous owner's reimbursement rate.

25         2.  The agency shall amend the long-term care

26  reimbursement plan and cost reporting system to create direct

27  care and indirect care subcomponents of the patient care

28  component of the per diem rate. These two subcomponents

29  together shall equal the patient care component of the per

30  diem rate. Separate cost-based ceilings shall be calculated

31  for each patient care subcomponent. The direct care


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 1  subcomponent of the per diem rate shall be limited by the

 2  cost-based class ceiling, and the indirect care subcomponent

 3  shall be limited by the lower of the cost-based class ceiling,

 4  by the target rate class ceiling, or by the individual

 5  provider target. The agency shall adjust the patient care

 6  component effective January 1, 2002. The cost to adjust the

 7  direct care subcomponent shall be net of the total funds

 8  previously allocated for the case mix add-on. The agency shall

 9  make the required changes to the nursing home cost reporting

10  forms to implement this requirement effective January 1, 2002.

11         3.  The direct care subcomponent shall include salaries

12  and benefits of direct care staff providing nursing services

13  including registered nurses, licensed practical nurses,

14  certified geriatric specialists certified under part I of

15  chapter 464, and certified nursing assistants who deliver care

16  directly to residents in the nursing home facility. This

17  excludes nursing administration, MDS, and care plan

18  coordinators, staff development, and staffing coordinator.

19         4.  All other patient care costs shall be included in

20  the indirect care cost subcomponent of the patient care per

21  diem rate. There shall be no costs directly or indirectly

22  allocated to the direct care subcomponent from a home office

23  or management company.

24         5.  On July 1 of each year, the agency shall report to

25  the Legislature direct and indirect care costs, including

26  average direct and indirect care costs per resident per

27  facility and direct care and indirect care salaries and

28  benefits per category of staff member per facility.

29         6.  In order to offset the cost of general and

30  professional liability insurance, the agency shall amend the

31  plan to allow for interim rate adjustments to reflect


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 1  increases in the cost of general or professional liability

 2  insurance for nursing homes. This provision shall be

 3  implemented to the extent existing appropriations are

 4  available.

 5  

 6  It is the intent of the Legislature that the reimbursement

 7  plan achieve the goal of providing access to health care for

 8  nursing home residents who require large amounts of care while

 9  encouraging diversion services as an alternative to nursing

10  home care for residents who can be served within the

11  community. The agency shall base the establishment of any

12  maximum rate of payment, whether overall or component, on the

13  available moneys as provided for in the General Appropriations

14  Act. The agency may base the maximum rate of payment on the

15  results of scientifically valid analysis and conclusions

16  derived from objective statistical data pertinent to the

17  particular maximum rate of payment.

18         Section 223.  Subsection (2) of section 458.303,

19  Florida Statutes, is amended to read:

20         458.303  Provisions not applicable to other

21  practitioners; exceptions, etc.--

22         (2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.

23  458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.

24  458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.

25  458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347

26  shall be construed to prohibit any service rendered by a

27  registered nurse, or a licensed practical nurse, or a

28  certified geriatric specialist certified under part I of

29  chapter 464, if such service is rendered under the direct

30  supervision and control of a licensed physician who provides

31  specific direction for any service to be performed and gives


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 1  final approval to all services performed.  Further, nothing in

 2  this or any other chapter shall be construed to prohibit any

 3  service rendered by a medical assistant in accordance with the

 4  provisions of s. 458.3485.

 5         Section 224.  Subsection (1) and paragraph (a) of

 6  subsection (2) of section 1009.65, Florida Statutes, are

 7  amended to read:

 8         1009.65  Medical Education Reimbursement and Loan

 9  Repayment Program.--

10         (1)  To encourage qualified medical professionals to

11  practice in underserved locations where there are shortages of

12  such personnel, there is established the Medical Education

13  Reimbursement and Loan Repayment Program. The function of the

14  program is to make payments that offset loans and educational

15  expenses incurred by students for studies leading to a medical

16  or nursing degree, medical or nursing licensure, or advanced

17  registered nurse practitioner certification or physician

18  assistant licensure. The following licensed or certified

19  health care professionals are eligible to participate in this

20  program: medical doctors with primary care specialties,

21  doctors of osteopathic medicine with primary care specialties,

22  physician's assistants, certified geriatric specialists

23  certified under part I of chapter 464, licensed practical

24  nurses and registered nurses, and advanced registered nurse

25  practitioners with primary care specialties such as certified

26  nurse midwives. Primary care medical specialties for

27  physicians include obstetrics, gynecology, general and family

28  practice, internal medicine, pediatrics, and other specialties

29  which may be identified by the Department of Health.

30  

31  


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 1         (2)  From the funds available, the Department of Health

 2  shall make payments to selected medical professionals as

 3  follows:

 4         (a)  Up to $4,000 per year for certified geriatric

 5  specialists certified under part I of chapter 464, licensed

 6  practical nurses, and registered nurses, up to $10,000 per

 7  year for advanced registered nurse practitioners and

 8  physician's assistants, and up to $20,000 per year for

 9  physicians.  Penalties for noncompliance shall be the same as

10  those in the National Health Services Corps Loan Repayment

11  Program. Educational expenses include costs for tuition,

12  matriculation, registration, books, laboratory and other fees,

13  other educational costs, and reasonable living expenses as

14  determined by the Department of Health.

15         Section 225.  Subsection (2) of section 1009.66,

16  Florida Statutes, is amended to read:

17         1009.66  Nursing Student Loan Forgiveness Program.--

18         (2)  To be eligible, a candidate must have graduated

19  from an accredited or approved nursing program and have

20  received a Florida license as a licensed practical nurse, a

21  certified geriatric specialist certified under part I of

22  chapter 464, or a registered nurse or a Florida certificate as

23  an advanced registered nurse practitioner.

24         Section 226.  The sum of $157,017 is appropriated from

25  the General Revenue Fund to the Agency for Workforce

26  Innovation to support the work of the Certified Geriatric

27  Specialty Nursing Initiative Steering Committee, to administer

28  the pilot sites, contract for an evaluation, and to the extent

29  that funds are available, and if necessary, to provide nursing

30  faculty, substitute certified nursing assistants for those who

31  


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 1  are in clinical education, and technical support to the pilot

 2  sites during the 2004-2005 fiscal year.

 3         Section 227.  Subsection (6) is added to section

 4  464.201, Florida Statutes, to read:

 5         464.201  Definitions.--As used in this part, the term:

 6         (6)  "Practice of a certified nursing assistant" means

 7  providing care and assisting persons with tasks relating to

 8  the activities of daily living. Such tasks are those

 9  associated with personal care, maintaining mobility, nutrition

10  and hydration, toileting and elimination, assistive devices,

11  safety and cleanliness, data gathering, reporting abnormal

12  signs and symptoms, post mortem care, patient socialization

13  and reality orientation, end-of-life care, CPR and emergency

14  care, residents' or patients' rights, documentation of nursing

15  assistant services, and other tasks that a certified nurse

16  assistant may perform after training beyond that required for

17  initial certification and upon validation of competence in

18  that skill by a registered nurse. This section does not

19  restrict the ability of any person who is otherwise trained

20  and educated from performing such tasks.

21         Section 228.  Section 464.202, Florida Statutes, is

22  amended to read:

23         464.202  Duties and powers of the board.--The board

24  shall maintain, or contract with or approve another entity to

25  maintain, a state registry of certified nursing assistants.

26  The registry must consist of the name of each certified

27  nursing assistant in this state; other identifying information

28  defined by board rule; certification status; the effective

29  date of certification; other information required by state or

30  federal law; information regarding any crime or any abuse,

31  neglect, or exploitation as provided under chapter 435; and


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  any disciplinary action taken against the certified nursing

 2  assistant. The registry shall be accessible to the public, the

 3  certificateholder, employers, and other state agencies. The

 4  board shall adopt by rule testing procedures for use in

 5  certifying nursing assistants and shall adopt rules regulating

 6  the practice of certified nursing assistants which specify the

 7  scope of practice authorized and level of supervision required

 8  for the practice of certified nursing assistants to enforce

 9  this part. The board may contract with or approve another

10  entity or organization to provide the examination services,

11  including the development and administration of examinations.

12  The board shall require that the contract provider offer

13  certified nursing assistant applications via the Internet, and

14  may require the contract provider to accept certified nursing

15  assistant applications for processing via the Internet.  The

16  board shall require the contract provider to provide the

17  preliminary results of the certified nursing examination on

18  the date the test is administered. The provider shall pay all

19  reasonable costs and expenses incurred by the board in

20  evaluating the provider's application and performance during

21  the delivery of services, including examination services and

22  procedures for maintaining the certified nursing assistant

23  registry.

24         Section 229.  Nothing in this act shall be construed as

25  amending, modifying, limiting, or otherwise affecting in any

26  way the legislative intent, scope, terms, prohibition, or

27  requirements of section 456.052 or section 456.053, Florida

28  Statutes.

29         Section 230.  Except as otherwise expressly provided in

30  this act, and except for this section, which shall take effect

31  


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    CS for CS for CS for SB 1680            Second Engrossed (ntc)



 1  upon becoming a law, this act shall take effect October 1,

 2  2004.

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