Senate Bill sb0492c1

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    Florida Senate - 2004                            CS for SB 492

    By the Committee on Appropriations; and Senators Carlton and
    Fasano




    309-970-04

  1                      A bill to be entitled

  2         An act relating to certified geriatric

  3         specialty nursing; providing a short title;

  4         requiring the Agency for Workforce Innovation

  5         to establish a pilot program for delivery of

  6         certified geriatric specialty nursing

  7         education; specifying eligibility requirements

  8         for certified nursing assistants to obtain

  9         certified geriatric specialty nursing

10         education; specifying requirements for the

11         education of certified nursing assistants to

12         prepare for certification as a certified

13         geriatric specialist; creating a Certified

14         Geriatric Specialty Nursing Initiative Steering

15         Committee; providing for the composition of and

16         manner of appointment to the Certified

17         Geriatric Specialty Nursing Initiative Steering

18         Committee; providing responsibilities of the

19         steering committee; providing for reimbursement

20         for per diem and travel expenses; requiring the

21         Agency for Workforce Innovation to conduct or

22         contract for an evaluation of the pilot program

23         for delivery of certified geriatric specialty

24         nursing education; requiring the evaluation to

25         include recommendations regarding the expansion

26         of the delivery of certified geriatric

27         specialty nursing education in nursing homes;

28         requiring the Agency for Workforce Innovation

29         to report to the Governor and Legislature

30         regarding the status and evaluation of the

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

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    Florida Senate - 2004                            CS for SB 492
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 1         providing definitions; providing requirements

 2         for persons to become certified geriatric

 3         specialists; specifying fees; providing for

 4         articulation of geriatric specialty nursing

 5         coursework and practical nursing coursework;

 6         providing practice standards and grounds for

 7         which certified geriatric specialists may be

 8         subject to discipline by the Board of Nursing;

 9         creating restrictions on the use of

10         professional nursing titles; prohibiting the

11         use of certain professional titles; providing

12         penalties; authorizing approved nursing

13         programs to provide education for the

14         preparation of certified geriatric specialists

15         without further board approval; authorizing

16         certified geriatric specialists to supervise

17         the activities of others in nursing home

18         facilities according to rules by the Board of

19         Nursing; revising terminology relating to

20         nursing to conform to the certification of

21         geriatric specialists; amending s. 381.00315,

22         F.S.; revising requirements for the

23         reactivation of the licenses of specified

24         health care practitioners in the event of a

25         public health emergency to include certified

26         geriatric specialists; amending s. 400.021,

27         F.S.; including services provided by a

28         certified geriatric specialist within the

29         definition of nursing service; amending s.

30         400.211, F.S.; revising requirements for

31         persons employed as nursing assistants to

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    Florida Senate - 2004                            CS for SB 492
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 1         conform to the certification of certified

 2         geriatric specialists; amending s. 400.23,

 3         F.S.; specifying that certified geriatric

 4         specialists shall be considered licensed

 5         nursing staff; authorizing licensed practical

 6         nurses to supervise the activities of certified

 7         geriatric specialists in nursing home

 8         facilities according to rules adopted by the

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

10         revising the methodology for reimbursement of

11         Medicaid program providers to include services

12         of certified geriatric specialists; amending s.

13         458.303, F.S.; revising exceptions to the

14         practice of medicine to include services

15         delegated to a certified geriatric specialist

16         under specified circumstances; amending s.

17         1009.65, F.S.; revising eligibility for the

18         Medical Education Reimbursement and Loan

19         Repayment Program to include certified

20         geriatric specialists; amending s. 1009.66,

21         F.S.; revising eligibility requirements for the

22         Nursing Student Loan Forgiveness Program to

23         include certified geriatric specialists;

24         providing an appropriation; amending s.

25         464.201, F.S.; defining terms; amending s.

26         464.202, F.S.; authorizing the Board of Nursing

27         to adopt rules regarding the practice and

28         supervision of certified nursing assistants;

29         providing an effective date.

30  

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

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    Florida Senate - 2004                            CS for SB 492
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 1         Section 1.  This act may be cited as the "Clara Ramsey

 2  Care of the Elderly Act."

 3         Section 2.  Certified Geriatric Specialist Preparation

 4  Pilot Program.--

 5         (1)  The Agency for Workforce Innovation shall

 6  establish a pilot program for delivery of geriatric nursing

 7  education to certified nursing assistants who wish to become

 8  certified geriatric specialists. The agency shall select two

 9  pilot sites in nursing homes that have received the Gold Seal

10  designation under section 400.235, Florida Statutes; have been

11  designated as a teaching nursing home under section 430.80,

12  Florida Statutes; or have not received a class I or class II

13  deficiency within the 30 months preceding application for this

14  program.

15         (2)  To be eligible to receive geriatric nursing

16  education, a certified nursing assistant must have been

17  employed by a participating nursing home for at least 1 year

18  and must have received a high school diploma or its

19  equivalent.

20         (3)  The education shall be provided at the worksite

21  and in coordination with the certified nursing assistant's

22  work schedule.

23         (4)  Faculty shall provide the instruction under an

24  approved nursing program pursuant to section 464.019, Florida

25  Statutes.

26         (5)  The education must be designed to prepare the

27  certified nursing assistant to meet the requirements for

28  certification as a geriatric specialist. The didactic and

29  clinical education must include all portions of the practical

30  nursing curriculum pursuant to section 464.019, Florida

31  Statutes, except for pediatric and obstetric/maternal-child

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    Florida Senate - 2004                            CS for SB 492
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 1  education, and must include additional education in the care

 2  of ill, injured, or infirm geriatric patients and the

 3  maintenance of health, the prevention of injury, and the

 4  provision of palliative care for geriatric patients.

 5         Section 3.  Certified Geriatric Specialty Nursing

 6  Initiative Steering Committee.--

 7         (1)  In order to guide the implementation of the

 8  Certified Geriatric Specialist Preparation Pilot Program,

 9  there is created a Certified Geriatric Specialty Nursing

10  Initiative Steering Committee. The steering committee shall be

11  composed of the following members:

12         (a)  The chair of the Board of Nursing or his or her

13  designee;

14         (b)  A representative of the Agency for Workforce

15  Innovation, appointed by the Director of Workforce Innovation;

16         (c)  A representative of Workforce Florida, Inc.,

17  appointed by the chair of the Board of Directors of Workforce

18  Florida, Inc.;

19         (d)  A representative of the Department of Education,

20  appointed by the Commissioner of Education;

21         (e)  A representative of the Department of Health,

22  appointed by the Secretary of Health;

23         (f)  A representative of the Agency for Health Care

24  Administration, appointed by the Secretary of Health Care

25  Administration;

26         (g)  The Director of the Florida Center for Nursing;

27         (h)  A representative of the Department of Elderly

28  Affairs, appointed by the Secretary of Elderly Affairs; and

29         (i)  A representative of a Gold Seal nursing home that

30  is not one of the pilot program sites, appointed by the

31  Secretary of Health Care Administration.

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 1         (2)  The steering committee shall:

 2         (a)  Provide consultation and guidance to the Agency

 3  for Workforce Innovation on matters of policy during the

 4  implementation of the pilot program; and

 5         (b)  Provide oversight to the evaluation of the pilot

 6  program.

 7         (3)  Members of the steering committee are entitled to

 8  reimbursement for per diem and travel expenses under section

 9  112.061, Florida Statutes.

10         (4)  The steering committee shall complete its

11  activities by June 30, 2007, and the authorization for the

12  steering committee ends on that date.

13         Section 4.  Evaluation of the Certified Geriatric

14  Specialist Preparation Pilot Program.--The Agency for

15  Workforce Innovation, in consultation with the Certified

16  Geriatric Specialty Nursing Initiative Steering Committee,

17  shall conduct or contract for an evaluation of the pilot

18  program. The agency shall ensure that an evaluation report is

19  submitted to the Governor, the President of the Senate, and

20  the Speaker of the House of Representatives by January 1,

21  2007. The evaluation must address the experience and success

22  of the certified nursing assistants in the pilot program and

23  must contain recommendations regarding the expansion of the

24  delivery of geriatric nursing education in nursing homes.

25         Section 5.  Reports.--The Agency for Workforce

26  Innovation shall submit status reports and recommendations

27  regarding legislation necessary to further the implementation

28  of the pilot program to the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives on

30  January 1, 2005, January 1, 2006, and January 1, 2007.

31  

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    Florida Senate - 2004                            CS for SB 492
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 1         Section 6.  Section 464.0125, Florida Statutes, is

 2  created to read:

 3         464.0125  Certified geriatric specialists;

 4  certification requirements.--

 5         (1)  DEFINITIONS; RESPONSIBILITIES.--

 6         (a)  As used in this section, the term:

 7         1.  "Certified geriatric specialist" means a person who

 8  meets the qualifications specified in this section and who is

 9  certified by the board to practice as a certified geriatric

10  specialist.

11         2.  "Geriatric patient" means any patient who is 60

12  years of age or older.

13         3.  "Practice of certified geriatric specialty nursing"

14  means the performance of selected acts in facilities licensed

15  under part II or part III of chapter 400, including the

16  administration of treatments and medications, in the care of

17  ill, injured, or infirm geriatric patients and the promotion

18  of wellness, maintenance of health, and prevention of illness

19  of geriatric patients under the direction of a registered

20  nurse, a licensed physician, a licensed osteopathic physician,

21  a licensed podiatric physician, or a licensed dentist. The

22  scope of practice of a certified geriatric specialist includes

23  the practice of practical nursing as defined in s. 464.003 for

24  geriatric patients only, except for any act in which

25  instruction and clinical knowledge of pediatric nursing or

26  obstetric/maternal-child nursing is required. A certified

27  geriatric specialist, while providing nursing services in

28  facilities licensed under part II or part III of chapter 400,

29  may supervise the activities of certified nursing assistants

30  and other unlicensed personnel providing services in such

31  facilities in accordance with rules adopted by the board.

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    Florida Senate - 2004                            CS for SB 492
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 1         (b)  The certified geriatric specialist shall be

 2  responsible and accountable for making decisions that are

 3  based upon the individual's educational preparation and

 4  experience in performing certified geriatric specialty

 5  nursing.

 6         (2)  CERTIFICATION.--

 7         (a)  Any certified nursing assistant desiring to be

 8  certified as a certified geriatric specialist must apply to

 9  the department and submit proof that he or she holds a current

10  certificate as a certified nursing assistant under part II of

11  this chapter and has satisfactorily completed the following

12  requirements:

13         1.  Is in good mental and physical health, is a

14  recipient of a high school diploma or its equivalent; has

15  completed the requirements for graduation from an approved

16  program for nursing or its equivalent, as determined by the

17  board, for the preparation of licensed practical nurses,

18  except for instruction and clinical knowledge of pediatric

19  nursing or obstetric/maternal-child nursing; and has completed

20  additional education in the care of ill, injured, or infirm

21  geriatric patients, the maintenance of health, the prevention

22  of injury, and the provision of palliative care for geriatric

23  patients. By September 1, 2004, the Board of Nursing shall

24  adopt rules establishing the core competencies for the

25  additional education in geriatric care. Any program that is

26  approved on July 1, 2004, by the board for the preparation of

27  registered nurses or licensed practical nurses may provide

28  education for the preparation of certified geriatric

29  specialists without further board approval.

30  

31  

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    Florida Senate - 2004                            CS for SB 492
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 1         2.  Has the ability to communicate in the English

 2  language, which may be determined by an examination given by

 3  the department.

 4         3.  Has provided sufficient information, which must be

 5  submitted by the department for a statewide criminal records

 6  correspondence check through the Department of Law

 7  Enforcement.

 8         (b)  Each applicant who meets the requirements of this

 9  subsection is, unless denied pursuant to s. 464.018, entitled

10  to certification as a certified geriatric specialist. The

11  board must certify, and the department must issue a

12  certificate to practice as a certified geriatric specialist

13  to, any certified nursing assistant who meets the

14  qualifications set forth in this section. The board shall

15  establish an application fee not to exceed $100 and a biennial

16  renewal fee not to exceed $50. The board may adopt rules to

17  administer this section.

18         (c)  A person receiving certification under this

19  section shall:

20         1.  Work only within the confines of a facility

21  licensed under part II or part III of chapter 400.

22         2.  Care for geriatric patients only.

23         3.  Comply with the minimum standards of practice for

24  nurses and be subject to disciplinary action for violations of

25  s. 464.018.

26         (3)  ARTICULATION.--Any certified geriatric specialist

27  who completes the additional instruction and coursework in an

28  approved nursing program pursuant to s. 464.019 for the

29  preparation of practical nursing in the areas of pediatric

30  nursing and obstetric/maternal-child nursing is, unless denied

31  pursuant to s. 464.018, entitled to licensure as a licensed

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    Florida Senate - 2004                            CS for SB 492
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 1  practical nurse if the applicant otherwise meets the

 2  requirements of s. 464.008.

 3         (4)  TITLES AND ABBREVIATIONS; RESTRICTIONS;

 4  PENALTIES.--

 5         (a)  Only persons who hold certificates to practice as

 6  certified geriatric specialists in this state or who are

 7  performing services within the practice of certified geriatric

 8  specialty nursing pursuant to the exception set forth in s.

 9  464.022(8) may use the title "Certified Geriatric Specialist"

10  and the abbreviation "C.G.S."

11         (b)  A person may not practice or advertise as, or

12  assume the title of, certified geriatric specialist or use the

13  abbreviation "C.G.S." or take any other action that would lead

14  the public to believe that person is certified as such or is

15  performing services within the practice of certified geriatric

16  specialty nursing pursuant to the exception set forth in s.

17  464.022(8), unless that person is certified to practice as

18  such.

19         (c)  A violation of this subsection is a misdemeanor of

20  the first degree, punishable as provided in s. 775.082 or s.

21  775.083.

22         (5)  VIOLATIONS AND PENALTIES.--Practicing certified

23  geriatric specialty nursing, as defined in this section,

24  without holding an active certificate to do so constitutes a

25  felony of the third degree, punishable as provided in s.

26  775.082, s. 775.083, or s. 775.084.

27         Section 7.  Paragraph (b) of subsection (1) of section

28  381.00315, Florida Statutes, is amended to read:

29         381.00315  Public health advisories; public health

30  emergencies.--The State Health Officer is responsible for

31  

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    Florida Senate - 2004                            CS for SB 492
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 1  declaring public health emergencies and issuing public health

 2  advisories.

 3         (1)  As used in this section, the term:

 4         (b)  "Public health emergency" means any occurrence, or

 5  threat thereof, whether natural or man made, which results or

 6  may result in substantial injury or harm to the public health

 7  from infectious disease, chemical agents, nuclear agents,

 8  biological toxins, or situations involving mass casualties or

 9  natural disasters. Prior to declaring a public health

10  emergency, the State Health Officer shall, to the extent

11  possible, consult with the Governor and shall notify the Chief

12  of Domestic Security Initiatives as created in s. 943.03. The

13  declaration of a public health emergency shall continue until

14  the State Health Officer finds that the threat or danger has

15  been dealt with to the extent that the emergency conditions no

16  longer exist and he or she terminates the declaration.

17  However, a declaration of a public health emergency may not

18  continue for longer than 60 days unless the Governor concurs

19  in the renewal of the declaration. The State Health Officer,

20  upon declaration of a public health emergency, may take

21  actions that are necessary to protect the public health. Such

22  actions include, but are not limited to:

23         1.  Directing manufacturers of prescription drugs or

24  over-the-counter drugs who are permitted under chapter 499 and

25  wholesalers of prescription drugs located in this state who

26  are permitted under chapter 499 to give priority to the

27  shipping of specified drugs to pharmacies and health care

28  providers within geographic areas that have been identified by

29  the State Health Officer. The State Health Officer must

30  identify the drugs to be shipped. Manufacturers and

31  wholesalers located in the state must respond to the State

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    Florida Senate - 2004                            CS for SB 492
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 1  Health Officer's priority shipping directive before shipping

 2  the specified drugs.

 3         2.  Notwithstanding chapters 465 and 499 and rules

 4  adopted thereunder, directing pharmacists employed by the

 5  department to compound bulk prescription drugs and provide

 6  these bulk prescription drugs to physicians and nurses of

 7  county health departments or any qualified person authorized

 8  by the State Health Officer for administration to persons as

 9  part of a prophylactic or treatment regimen.

10         3.  Notwithstanding s. 456.036, temporarily

11  reactivating the inactive license of the following health care

12  practitioners, when such practitioners are needed to respond

13  to the public health emergency: physicians licensed under

14  chapter 458 or chapter 459; physician assistants licensed

15  under chapter 458 or chapter 459; certified geriatric

16  specialists certified under part I of chapter 464; licensed

17  practical nurses, registered nurses, and advanced registered

18  nurse practitioners licensed under part I of chapter 464;

19  respiratory therapists licensed under part V of chapter 468;

20  and emergency medical technicians and paramedics certified

21  under part III of chapter 401. Only those health care

22  practitioners specified in this paragraph who possess an

23  unencumbered inactive license and who request that such

24  license be reactivated are eligible for reactivation. An

25  inactive license that is reactivated under this paragraph

26  shall return to inactive status when the public health

27  emergency ends or prior to the end of the public health

28  emergency if the State Health Officer determines that the

29  health care practitioner is no longer needed to provide

30  services during the public health emergency. Such licenses may

31  only be reactivated for a period not to exceed 90 days without

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 1  meeting the requirements of s. 456.036 or chapter 401, as

 2  applicable.

 3         4.  Ordering an individual to be examined, tested,

 4  vaccinated, treated, or quarantined for communicable diseases

 5  that have significant morbidity or mortality and present a

 6  severe danger to public health. Individuals who are unable or

 7  unwilling to be examined, tested, vaccinated, or treated for

 8  reasons of health, religion, or conscience may be subjected to

 9  quarantine.

10         a.  Examination, testing, vaccination, or treatment may

11  be performed by any qualified person authorized by the State

12  Health Officer.

13         b.  If the individual poses a danger to the public

14  health, the State Health Officer may subject the individual to

15  quarantine. If there is no practical method to quarantine the

16  individual, the State Health Officer may use any means

17  necessary to vaccinate or treat the individual.

18  

19  Any order of the State Health Officer given to effectuate this

20  paragraph shall be immediately enforceable by a law

21  enforcement officer under s. 381.0012.

22         Section 8.  Subsection (14) of section 400.021, Florida

23  Statutes, is amended to read:

24         400.021  Definitions.--When used in this part, unless

25  the context otherwise requires, the term:

26         (14)  "Nursing service" means such services or acts as

27  may be rendered, directly or indirectly, to and in behalf of a

28  person by individuals as defined in ss. s. 464.003 and

29  464.0125.

30         Section 9.  Subsection (1) of section 400.211, Florida

31  Statutes, is amended to read:

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 1         400.211  Persons employed as nursing assistants;

 2  certification requirement.--

 3         (1)  To serve as a nursing assistant in any nursing

 4  home, a person must be certified as a nursing assistant under

 5  part II of chapter 464, unless the person is a registered

 6  nurse, a or practical nurse, or a certified geriatric

 7  specialist certified or licensed in accordance with part I of

 8  chapter 464 or an applicant for such licensure who is

 9  permitted to practice nursing in accordance with rules adopted

10  by the Board of Nursing pursuant to part I of chapter 464.

11         Section 10.  Paragraphs (a) and (c) of subsection (3)

12  of section 400.23, Florida Statutes, are amended to read:

13         400.23  Rules; evaluation and deficiencies; licensure

14  status.--

15         (3)(a)  The agency shall adopt rules providing for the

16  minimum staffing requirements for nursing homes. These

17  requirements shall include, for each nursing home facility, a

18  minimum certified nursing assistant staffing of 2.3 hours of

19  direct care per resident per day beginning January 1, 2002,

20  increasing to 2.6 hours of direct care per resident per day

21  beginning January 1, 2003, and increasing to 2.9 hours of

22  direct care per resident per day beginning May 1, 2004.

23  Beginning January 1, 2002, no facility shall staff below one

24  certified nursing assistant per 20 residents, and a minimum

25  licensed nursing staffing of 1.0 hour of direct resident care

26  per resident per day but never below one licensed nurse per 40

27  residents. For purposes of computing nursing staffing minimums

28  and ratios, certified geriatric specialists shall be

29  considered licensed nursing staff. Nursing assistants employed

30  never below one licensed nurse per 40 residents. Nursing

31  assistants employed under s. 400.211(2) may be included in

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 1  computing the staffing ratio for certified nursing assistants

 2  only if they provide nursing assistance services to residents

 3  on a full-time basis. Each nursing home must document

 4  compliance with staffing standards as required under this

 5  paragraph and post daily the names of staff on duty for the

 6  benefit of facility residents and the public. The agency shall

 7  recognize the use of licensed nurses for compliance with

 8  minimum staffing requirements for certified nursing

 9  assistants, provided that the facility otherwise meets the

10  minimum staffing requirements for licensed nurses and that the

11  licensed nurses so recognized are performing the duties of a

12  certified nursing assistant. Unless otherwise approved by the

13  agency, licensed nurses counted towards the minimum staffing

14  requirements for certified nursing assistants must exclusively

15  perform the duties of a certified nursing assistant for the

16  entire shift and shall not also be counted towards the minimum

17  staffing requirements for licensed nurses. If the agency

18  approved a facility's request to use a licensed nurse to

19  perform both licensed nursing and certified nursing assistant

20  duties, the facility must allocate the amount of staff time

21  specifically spent on certified nursing assistant duties for

22  the purpose of documenting compliance with minimum staffing

23  requirements for certified and licensed nursing staff. In no

24  event may the hours of a licensed nurse with dual job

25  responsibilities be counted twice.

26         (c)  Licensed practical nurses licensed under chapter

27  464 who are providing nursing services in nursing home

28  facilities under this part may supervise the activities of

29  other licensed practical nurses, certified geriatric

30  specialists, certified nursing assistants, and other

31  

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 1  unlicensed personnel providing services in such facilities in

 2  accordance with rules adopted by the Board of Nursing.

 3         Section 11.  Paragraph (b) of subsection (2) of section

 4  409.908, Florida Statutes, is amended to read:

 5         409.908  Reimbursement of Medicaid providers.--Subject

 6  to specific appropriations, the agency shall reimburse

 7  Medicaid providers, in accordance with state and federal law,

 8  according to methodologies set forth in the rules of the

 9  agency and in policy manuals and handbooks incorporated by

10  reference therein.  These methodologies may include fee

11  schedules, reimbursement methods based on cost reporting,

12  negotiated fees, competitive bidding pursuant to s. 287.057,

13  and other mechanisms the agency considers efficient and

14  effective for purchasing services or goods on behalf of

15  recipients. If a provider is reimbursed based on cost

16  reporting and submits a cost report late and that cost report

17  would have been used to set a lower reimbursement rate for a

18  rate semester, then the provider's rate for that semester

19  shall be retroactively calculated using the new cost report,

20  and full payment at the recalculated rate shall be affected

21  retroactively. Medicare-granted extensions for filing cost

22  reports, if applicable, shall also apply to Medicaid cost

23  reports. Payment for Medicaid compensable services made on

24  behalf of Medicaid eligible persons is subject to the

25  availability of moneys and any limitations or directions

26  provided for in the General Appropriations Act or chapter 216.

27  Further, nothing in this section shall be construed to prevent

28  or limit the agency from adjusting fees, reimbursement rates,

29  lengths of stay, number of visits, or number of services, or

30  making any other adjustments necessary to comply with the

31  availability of moneys and any limitations or directions

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 1  provided for in the General Appropriations Act, provided the

 2  adjustment is consistent with legislative intent.

 3         (2)

 4         (b)  Subject to any limitations or directions provided

 5  for in the General Appropriations Act, the agency shall

 6  establish and implement a Florida Title XIX Long-Term Care

 7  Reimbursement Plan (Medicaid) for nursing home care in order

 8  to provide care and services in conformance with the

 9  applicable state and federal laws, rules, regulations, and

10  quality and safety standards and to ensure that individuals

11  eligible for medical assistance have reasonable geographic

12  access to such care.

13         1.  Changes of ownership or of licensed operator do not

14  qualify for increases in reimbursement rates associated with

15  the change of ownership or of licensed operator. The agency

16  shall amend the Title XIX Long Term Care Reimbursement Plan to

17  provide that the initial nursing home reimbursement rates, for

18  the operating, patient care, and MAR components, associated

19  with related and unrelated party changes of ownership or

20  licensed operator filed on or after September 1, 2001, are

21  equivalent to the previous owner's reimbursement rate.

22         2.  The agency shall amend the long-term care

23  reimbursement plan and cost reporting system to create direct

24  care and indirect care subcomponents of the patient care

25  component of the per diem rate. These two subcomponents

26  together shall equal the patient care component of the per

27  diem rate. Separate cost-based ceilings shall be calculated

28  for each patient care subcomponent. The direct care

29  subcomponent of the per diem rate shall be limited by the

30  cost-based class ceiling, and the indirect care subcomponent

31  shall be limited by the lower of the cost-based class ceiling,

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 1  by the target rate class ceiling, or by the individual

 2  provider target. The agency shall adjust the patient care

 3  component effective January 1, 2002. The cost to adjust the

 4  direct care subcomponent shall be net of the total funds

 5  previously allocated for the case mix add-on. The agency shall

 6  make the required changes to the nursing home cost reporting

 7  forms to implement this requirement effective January 1, 2002.

 8         3.  The direct care subcomponent shall include salaries

 9  and benefits of direct care staff providing nursing services

10  including registered nurses, licensed practical nurses,

11  certified geriatric specialists certified under part I of

12  chapter 464, and certified nursing assistants who deliver care

13  directly to residents in the nursing home facility. This

14  excludes nursing administration, MDS, and care plan

15  coordinators, staff development, and staffing coordinator.

16         4.  All other patient care costs shall be included in

17  the indirect care cost subcomponent of the patient care per

18  diem rate. There shall be no costs directly or indirectly

19  allocated to the direct care subcomponent from a home office

20  or management company.

21         5.  On July 1 of each year, the agency shall report to

22  the Legislature direct and indirect care costs, including

23  average direct and indirect care costs per resident per

24  facility and direct care and indirect care salaries and

25  benefits per category of staff member per facility.

26         6.  In order to offset the cost of general and

27  professional liability insurance, the agency shall amend the

28  plan to allow for interim rate adjustments to reflect

29  increases in the cost of general or professional liability

30  insurance for nursing homes. This provision shall be

31  

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 1  implemented to the extent existing appropriations are

 2  available.

 3  

 4  It is the intent of the Legislature that the reimbursement

 5  plan achieve the goal of providing access to health care for

 6  nursing home residents who require large amounts of care while

 7  encouraging diversion services as an alternative to nursing

 8  home care for residents who can be served within the

 9  community. The agency shall base the establishment of any

10  maximum rate of payment, whether overall or component, on the

11  available moneys as provided for in the General Appropriations

12  Act. The agency may base the maximum rate of payment on the

13  results of scientifically valid analysis and conclusions

14  derived from objective statistical data pertinent to the

15  particular maximum rate of payment.

16         Section 12.  Subsection (2) of section 458.303, Florida

17  Statutes, is amended to read:

18         458.303  Provisions not applicable to other

19  practitioners; exceptions, etc.--

20         (2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.

21  458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.

22  458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.

23  458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347

24  shall be construed to prohibit any service rendered by a

25  registered nurse, or a licensed practical nurse, or a

26  certified geriatric specialist certified under part I of

27  chapter 464, if such service is rendered under the direct

28  supervision and control of a licensed physician who provides

29  specific direction for any service to be performed and gives

30  final approval to all services performed.  Further, nothing in

31  this or any other chapter shall be construed to prohibit any

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 1  service rendered by a medical assistant in accordance with the

 2  provisions of s. 458.3485.

 3         Section 13.  Subsection (1) and paragraph (a) of

 4  subsection (2) of section 1009.65, Florida Statutes, are

 5  amended to read:

 6         1009.65  Medical Education Reimbursement and Loan

 7  Repayment Program.--

 8         (1)  To encourage qualified medical professionals to

 9  practice in underserved locations where there are shortages of

10  such personnel, there is established the Medical Education

11  Reimbursement and Loan Repayment Program. The function of the

12  program is to make payments that offset loans and educational

13  expenses incurred by students for studies leading to a medical

14  or nursing degree, medical or nursing licensure, or advanced

15  registered nurse practitioner certification or physician

16  assistant licensure. The following licensed or certified

17  health care professionals are eligible to participate in this

18  program: medical doctors with primary care specialties,

19  doctors of osteopathic medicine with primary care specialties,

20  physician's assistants, certified geriatric specialists

21  certified under part I of chapter 464, licensed practical

22  nurses and registered nurses, and advanced registered nurse

23  practitioners with primary care specialties such as certified

24  nurse midwives. Primary care medical specialties for

25  physicians include obstetrics, gynecology, general and family

26  practice, internal medicine, pediatrics, and other specialties

27  which may be identified by the Department of Health.

28         (2)  From the funds available, the Department of Health

29  shall make payments to selected medical professionals as

30  follows:

31  

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 1         (a)  Up to $4,000 per year for certified geriatric

 2  specialists certified under part I of chapter 464, licensed

 3  practical nurses, and registered nurses, up to $10,000 per

 4  year for advanced registered nurse practitioners and

 5  physician's assistants, and up to $20,000 per year for

 6  physicians.  Penalties for noncompliance shall be the same as

 7  those in the National Health Services Corps Loan Repayment

 8  Program. Educational expenses include costs for tuition,

 9  matriculation, registration, books, laboratory and other fees,

10  other educational costs, and reasonable living expenses as

11  determined by the Department of Health.

12         Section 14.  Subsection (2) of section 1009.66, Florida

13  Statutes, is amended to read:

14         1009.66  Nursing Student Loan Forgiveness Program.--

15         (2)  To be eligible, a candidate must have graduated

16  from an accredited or approved nursing program and have

17  received a Florida license as a licensed practical nurse, a

18  certified geriatric specialist certified under part I of

19  chapter 464, or a registered nurse or a Florida certificate as

20  an advanced registered nurse practitioner.

21         Section 15.  The sum of $157,017 is appropriated from

22  the General Revenue Fund to the Agency for Workforce

23  Innovation to support the work of the Certified Geriatric

24  Specialty Nursing Initiative Steering Committee, to administer

25  the pilot sites, contract for an evaluation, and to provide,

26  if necessary, nursing faculty, substitute certified nursing

27  assistants for those who are in clinical education, and

28  technical support to the pilot sites during the 2004-2005

29  fiscal year.

30         Section 16.  Subsection (6) is added to section

31  464.201, Florida Statutes, to read:

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 1         464.201  Definitions.--As used in this part, the term:

 2         (6)  "Practice of a certified nursing assistant" means

 3  providing care and assisting persons with tasks relating to

 4  the activities of daily living. Such tasks are those

 5  associated with personal care, maintaining mobility, nutrition

 6  and hydration, toileting and elimination, assistive devices,

 7  safety and cleanliness, data gathering, reporting abnormal

 8  signs and symptoms, post mortem care, patient socialization

 9  and reality orientation, end-of-life care, CPR and emergency

10  care, residents' or patients' rights, documentation of nursing

11  assistant services, and other tasks that a certified nurse

12  assistant may perform after training beyond that required for

13  initial certification and upon validation of competence in

14  that skill by a registered nurse. This section does not

15  restrict the ability of any person who is otherwise trained

16  and educated from performing such tasks.

17         Section 17.  Section 464.202, Florida Statutes, is

18  amended to read:

19         464.202  Duties and powers of the board.--The board

20  shall maintain, or contract with or approve another entity to

21  maintain, a state registry of certified nursing assistants.

22  The registry must consist of the name of each certified

23  nursing assistant in this state; other identifying information

24  defined by board rule; certification status; the effective

25  date of certification; other information required by state or

26  federal law; information regarding any crime or any abuse,

27  neglect, or exploitation as provided under chapter 435; and

28  any disciplinary action taken against the certified nursing

29  assistant. The registry shall be accessible to the public, the

30  certificateholder, employers, and other state agencies. The

31  board shall adopt by rule testing procedures for use in

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 1  certifying nursing assistants and shall adopt rules regulating

 2  the practice of certified nursing assistants which specify the

 3  scope of practice authorized and level of supervision required

 4  for the practice of certified nursing assistants to enforce

 5  this part. The board may contract with or approve another

 6  entity or organization to provide the examination services,

 7  including the development and administration of examinations.

 8  The board shall require that the contract provider offer

 9  certified nursing assistant applications via the Internet, and

10  may require the contract provider to accept certified nursing

11  assistant applications for processing via the Internet.  The

12  board shall require the contract provider to provide the

13  preliminary results of the certified nursing examination on

14  the date the test is administered. The provider shall pay all

15  reasonable costs and expenses incurred by the board in

16  evaluating the provider's application and performance during

17  the delivery of services, including examination services and

18  procedures for maintaining the certified nursing assistant

19  registry.

20         Section 18.  This act shall take effect upon becoming a

21  law.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 492

25                                 

26  Changes the term "Secretary" to "Commissioner" of Education.

27  Requires the Board of Nursing to adopt rules establishing core
    competencies for the additional education in geriatric care
28  that is required for certification of a geriatric specialist.

29  

30  

31  

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