SENATE AMENDMENT
    Bill No. CS for CS for SB 2606
    Amendment No. ___   Barcode 821818
                            CHAMBER ACTION
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       03/31/2004 09:38 AM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 47, between lines 11 and 12,
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16  insert:  
17         Section 13.  Section 52 of chapter 2001-45, Laws of
18  Florida, as amended by section 1693 of chapter 2003-261, Laws
19  of Florida, is amended to read:
20         Section 52.  (1)  Notwithstanding the establishment of
21  need as provided for in chapter 408, Florida Statutes, no
22  certificate of need for additional community nursing home beds
23  shall be approved by the agency until July 1, 2006.
24         (2)  The Legislature finds that the continued growth in
25  the Medicaid budget for nursing home care has constrained the
26  ability of the state to meet the needs of its elderly
27  residents through the use of less restrictive and less
28  institutional methods of long-term care. It is therefore the
29  intent of the Legislature to limit the increase in Medicaid
30  nursing home expenditures in order to provide funds to invest
31  in long-term care that is community-based and provides
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    3:52 PM   03/30/04                              s2606c2c-21e0a

SENATE AMENDMENT Bill No. CS for CS for SB 2606 Amendment No. ___ Barcode 821818 1 supportive services in a manner that is both more 2 cost-effective and more in keeping with the wishes of the 3 elderly residents of this state. 4 (3) This moratorium on certificates of need shall not 5 apply to sheltered nursing home beds in a continuing care 6 retirement community certified by the former Department of 7 Insurance or by the Office of Insurance Regulation pursuant to 8 chapter 651, Florida Statutes. 9 (4)(a) This moratorium on certificates of need shall 10 not apply, and a certificate of need for additional community 11 nursing home beds may be approved, for a county that meets the 12 following circumstances: 13 1. The county has no community nursing home beds; and 14 2. The lack of community nursing home beds occurs 15 because all nursing home beds in the county which were 16 licensed on July 1, 2001, have subsequently closed. 17 (b) The certificate-of-need review for such 18 circumstances shall be subject to the comparative review 19 process consistent with the provisions of section 408.039, 20 Florida Statutes, and the number of beds may not exceed the 21 number of beds lost by the county after July 1, 2001. 22 23 This subsection shall be repealed upon the expiration of the 24 moratorium established in subsection (1). 25 (5) This moratorium on certificates of need shall not 26 apply for the addition of nursing home beds licensed under 27 chapter 400 to a nursing home located in a county having up to 28 50,000 residents, in a number not exceeding 10 total beds or 29 10 percent of the number of beds licensed in the facility 30 being expanded, whichever is greater. In addition to any other 31 documentation required by the agency, a request submitted 2 3:52 PM 03/30/04 s2606c2c-21e0a
SENATE AMENDMENT Bill No. CS for CS for SB 2606 Amendment No. ___ Barcode 821818 1 under this paragraph must: 2 (a) Certify that the facility has not had any class I 3 or class II deficiencies within the 30 months preceding the 4 request for addition. 5 (b) Certify that the prior 12-month average occupancy 6 rate for the nursing home beds at the facility meets or 7 exceeds 94 percent and the facility had not had any class I or 8 class II deficiencies since its initial licensure. 9 (c) For a facility that has been licensed for less 10 than 24 months, certify that the prior 6-month average 11 occupancy rate for the nursing home beds at the facility meets 12 or exceeds 94 percent and that the facility has not had any 13 class I or class II deficiencies since its initial licensure. 14 15 This subsection shall be repealed upon the expiration of the 16 moratorium established in subsection (1). 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 4, line 4, after the semicolon, 24 25 insert: 26 amending s. 52, ch. 2001-45, Laws of Florida, 27 as amended; specifying nonapplication of 28 moratoriums on certificates of need and 29 authorizing approval of certain certificates of 30 need for certain counties under certain 31 circumstances; providing review requirements 3 3:52 PM 03/30/04 s2606c2c-21e0a
SENATE AMENDMENT Bill No. CS for CS for SB 2606 Amendment No. ___ Barcode 821818 1 and bed limitations; providing for future 2 expiration of the moratoriums; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 3:52 PM 03/30/04 s2606c2c-21e0a