Senate Bill sb0274
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Florida Senate - 2004 SB 274
By Senator Wasserman Schultz
34-73-04
1 A bill to be entitled
2 An act relating to nursing homes; requiring an
3 increase in wages and benefits for specified
4 nursing home staff; providing for the use of
5 wage or benefit funds; requiring the Agency for
6 Health Care Administration to monitor
7 compliance with the act; providing an
8 exception; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. (1) The Agency for Health Care
13 Administration shall require that all nursing homes increase
14 wages, benefits, or a combination thereof, excluding bonuses,
15 by an amount computed by multiplying $1 by each hour worked by
16 all hourly staff. This subsection does not apply to
17 individuals disclosed as required by sections 400.071(2)(b),
18 400.071(2)(d), 400.141(1), 400.141(2), 400.141(3), and
19 400.141(4), Florida Statutes. The hours worked by hourly staff
20 include hours worked by leased staff or similar arrangements
21 where the majority of hours worked at the facility are
22 provided by the leased staff. The hours do not include hours
23 worked by agency, temporary, pool, contracted, or home office
24 staff that are not regularly scheduled at the facility.
25 (2) The wage or benefit funds may be used to provide
26 new or improved benefits or to defray the costs to employees
27 of benefits, such as lower premiums for health insurance.
28 Funds may not be used to defray the increased costs to
29 facilities of existing benefits, such as premium increases
30 paid by facilities for health insurance.
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Florida Senate - 2004 SB 274
34-73-04
1 (3) The increase in wages or benefits is an allowable
2 cost for Medicaid cost-report purposes, but is not subject to
3 the interim rate provisions of the Title XIX Long-Term Care
4 Reimbursement Plan.
5 (4) The agency shall develop systems for the
6 application and monitoring of the wage or benefit funds. The
7 increase in wages or benefits shall be computed by comparing
8 the total of such wages and benefits to the total of wages and
9 benefits paid during the period from July 1, 2003, through
10 June 30, 2004. The agency shall monitor future compliance with
11 this provision by a reconciliation-of-benefits schedule to be
12 submitted with all Medicaid cost reports ending on or after
13 July 31, 2004.
14 (5) Nursing homes that, as of July, 2004, offer health
15 insurance benefits to all staff members which cover employees
16 and dependents with an employer contribution of at least 80
17 percent of the total premium cost are exempt from this act. To
18 qualify for this exemption, nursing homes must continue to
19 provide health insurance plans that are substantially similar
20 to the coverage in place on July 1, 2004.
21 (6) The increase in wages or benefits is effective
22 July 1, 2004, and may not be rescinded by the nursing home
23 operator, future operator, management company, or staff
24 leasing entity. This section does not require any wage or
25 benefit increases in addition to those that take effect on
26 July 1, 2004.
27 Section 2. This act shall take effect July 1, 2004.
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Florida Senate - 2004 SB 274
34-73-04
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2 SENATE SUMMARY
3 Requires nursing homes to increase wages, benefits, or a
combination thereof by an amount equal to $1 for each
4 hour worked by hourly staff. Requires that the increased
wage or benefit funds be used to improve employee
5 benefits or lower the employees' cost for premiums. A
nursing home that provides health insurance benefits to
6 all staff and their dependents and covers at least 80
percent of the total premium cost is exempt from the
7 requirements of the act. Requires the Agency for Health
Care Administration to monitor the program. Provides that
8 the increase is a one-time increase that may not be
rescinded by the nursing home.
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