Senate Bill sb0112

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    Florida Senate - 2005                                   SB 112

    By Senator Constantine





    22-18-05

  1                      A bill to be entitled

  2         An act relating to hospice facilities; amending

  3         s. 553.73, F.S.; including hospice facilities

  4         within the purview of the Florida Building

  5         Code; amending s. 400.605, F.S.; deleting

  6         provisions requiring the Department of Elderly

  7         Affairs to adopt physical plant standards for

  8         hospice facilities; amending s. 400.601, F.S.;

  9         limiting the definition of the term "hospice"

10         to entities exempt from federal tax; creating

11         s. 400.6055, F.S.; requiring that construction

12         standards for hospice facilities be in

13         compliance with the Florida Building Code;

14         requiring the Agency for Health Care

15         Administration to provide technical assistance

16         to the Florida Building Commission to update

17         the Florida Building Code for hospice

18         facilities; providing an effective date.

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

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22         Section 1.  Subsection (2) of section 553.73, Florida

23  Statutes, is amended to read:

24         553.73  Florida Building Code.--

25         (2)  The Florida Building Code shall contain provisions

26  or requirements for public and private buildings, structures,

27  and facilities relative to structural, mechanical, electrical,

28  plumbing, energy, and gas systems, existing buildings,

29  historical buildings, manufactured buildings, elevators,

30  coastal construction, lodging facilities, food sales and food

31  service facilities, health care facilities, including assisted

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    Florida Senate - 2005                                   SB 112
    22-18-05




 1  living facilities, adult day care facilities, hospice

 2  residential and inpatient facilities and units, and facilities

 3  for the control of radiation hazards, public or private

 4  educational facilities, swimming pools, and correctional

 5  facilities and enforcement of and compliance with such

 6  provisions or requirements. Further, the Florida Building Code

 7  must provide for uniform implementation of ss. 515.25, 515.27,

 8  and 515.29 by including standards and criteria for residential

 9  swimming pool barriers, pool covers, latching devices, door

10  and window exit alarms, and other equipment required therein,

11  which are consistent with the intent of s. 515.23. Technical

12  provisions to be contained within the Florida Building Code

13  are restricted to requirements related to the types of

14  materials used and construction methods and standards employed

15  in order to meet criteria specified in the Florida Building

16  Code. Provisions relating to the personnel, supervision or

17  training of personnel, or any other professional qualification

18  requirements relating to contractors or their workforce may

19  not be included within the Florida Building Code, and

20  subsections (4), (5), (6), and (7) are not to be construed to

21  allow the inclusion of such provisions within the Florida

22  Building Code by amendment. This restriction applies to both

23  initial development and amendment of the Florida Building

24  Code.

25         Section 2.  Subsection (1) of section 400.605, Florida

26  Statutes, is amended to read:

27         400.605  Administration; forms; fees; rules;

28  inspections; fines.--

29         (1)  The department, in consultation with the agency,

30  shall by rule establish minimum standards and procedures for a

31  hospice. The rules must include:

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    Florida Senate - 2005                                   SB 112
    22-18-05




 1         (a)  License application procedures and requirements.

 2         (b)  The qualifications of professional and ancillary

 3  personnel to ensure the provision of appropriate and adequate

 4  hospice care.

 5         (c)  Standards and procedures for the administrative

 6  management of a hospice.

 7         (d)  Standards for hospice services that ensure the

 8  provision of quality patient care.

 9         (e)  Components of a patient plan of care.

10         (f)  Procedures relating to the implementation of

11  advanced directives and do-not-resuscitate orders.

12         (g)  Procedures for maintaining and ensuring

13  confidentiality of patient records.

14         (h)  Standards for hospice care provided in

15  freestanding inpatient facilities that are not otherwise

16  licensed medical facilities and in residential care facilities

17  such as nursing homes, assisted living facilities, adult

18  family care homes, and hospice residential units and

19  facilities.

20         (i)  Physical plant standards for hospice residential

21  and inpatient facilities and units.

22         (i)(j)  Components of a comprehensive emergency

23  management plan, developed in consultation with the Department

24  of Health, the Department of Elderly Affairs, and the

25  Department of Community Affairs.

26         (j)(k)  Standards and procedures relating to the

27  establishment and activities of a quality assurance and

28  utilization review committee.

29         (k)(l)  Components and procedures relating to the

30  collection of patient demographic data and other information

31  on the provision of hospice care in this state.

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    Florida Senate - 2005                                   SB 112
    22-18-05




 1         Section 3.  Subsection (3) of section 400.601, Florida

 2  Statutes, is amended to read:

 3         400.601  Definitions.--As used in this part, the term:

 4         (3)  "Hospice" means a centrally administered

 5  corporation not for profit, as defined in chapter 617, and

 6  exempt from federal taxation under s. 501(c)(3) of the

 7  Internal Revenue Code, providing a continuum of palliative and

 8  supportive care for the terminally ill patient and his or her

 9  family.

10         Section 4.  Section 400.6055, Florida Statutes, is

11  created to read:

12         400.6055  Construction and renovation;

13  requirements.--The requirements for the construction and the

14  renovation of a hospice residential or inpatient facility or

15  unit must comply with the provisions of chapter 553 which

16  pertain to building construction standards, including

17  plumbing, electrical, glass, manufactured buildings,

18  accessibility by physically handicapped persons, and the state

19  minimum building codes. The Agency for Health Care

20  Administration shall provide technical assistance to the

21  Florida Building Commission in updating the construction

22  standards of the Florida Building Code relative to hospice

23  facilities.

24         Section 5.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                   SB 112
    22-18-05




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 2                          SENATE SUMMARY

 3    Includes hospice facilities in the Florida Building Code.
      Deletes provisions requiring the Department of Elderly
 4    Affairs to adopt physical plant standards for hospice
      facilities. Redefines the term "hospice." Requires
 5    construction standards for hospice facilities to comply
      with the Florida Building Code. Requires the Agency for
 6    Health Care Administration to provide technical
      assistance to the Florida Building Commission to update
 7    the Florida Building Code for hospice facilities.

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