SENATE AMENDMENT
Bill No. CS for CS for SB 2606
Amendment No. ___ Barcode 821818
CHAMBER ACTION
Senate House
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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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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.
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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
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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.
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15 This subsection shall be repealed upon the expiration of the
16 moratorium established in subsection (1).
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18 (Redesignate subsequent sections.)
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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,
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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
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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;
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