1 | A bill to be entitled |
2 | An act relating to nursing homes; amending s. 400.23, |
3 | F.S.; providing for alternative bed locations in nursing |
4 | home rooms and providing criteria for bed placement; |
5 | requiring a signed statement from the resident or |
6 | representative if the alternative bed placement is not in |
7 | compliance with the Florida Building Code; requiring the |
8 | facility to maintain a log of alternative bed placements |
9 | and to retain the signed statements; requiring the nursing |
10 | home to notify the Agency for Health Care Administration |
11 | with respect to such practice; amending s. 633.022, F.S.; |
12 | requiring nursing homes to be protected by certain |
13 | automatic sprinkler systems; providing a schedule; |
14 | authorizing the Division of State Fire Marshal to grant |
15 | certain time extensions; authorizing the division to adopt |
16 | certain rules; providing for administrative sanctions |
17 | under certain circumstances; requiring adjustments to |
18 | certain provider Medicaid rates for reimbursement for |
19 | Medicaid's portion of costs to meet certain requirements; |
20 | requiring funding for such adjustments to come from |
21 | existing nursing home appropriations; creating s. 633.024, |
22 | F.S.; providing legislative findings and intent; creating |
23 | s. 633.0245, F.S.; authorizing the State Fire Marshal to |
24 | enter into an investment agreement with public |
25 | depositories to establish the State Fire Marshal Nursing |
26 | Home Fire Protection Loan Guarantee Program as a limited |
27 | loan guarantee program to retrofit nursing homes with fire |
28 | protection systems; providing investment and agreement |
29 | limitations; requiring the State Fire Marshal to solicit |
30 | requests for proposals; providing for application |
31 | requirements and procedures; providing for review and |
32 | approval by the State Fire Marshal; providing application |
33 | requirements and procedures for program loans by public |
34 | depositories; providing deadlines and limitations; |
35 | limiting certain claims for loss under certain |
36 | circumstances; providing a definition; authorizing the |
37 | State Fire Marshal to adopt rules; providing an effective |
38 | date. |
39 |
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40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
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42 | Section 1. Paragraph (a) of subsection (2) of section |
43 | 400.23, Florida Statutes, is amended to read: |
44 | 400.23 Rules; evaluation and deficiencies; licensure |
45 | status.-- |
46 | (2) Pursuant to the intention of the Legislature, the |
47 | agency, in consultation with the Department of Health and the |
48 | Department of Elderly Affairs, shall adopt and enforce rules to |
49 | implement this part, which shall include reasonable and fair |
50 | criteria in relation to: |
51 | (a) The location of the facility and housing conditions |
52 | that will ensure the health, safety, and comfort of residents, |
53 | including an adequate call system. In making such rules, the |
54 | agency shall be guided by criteria recommended by nationally |
55 | recognized reputable professional groups and associations with |
56 | knowledge of such subject matters. The agency shall update or |
57 | revise such criteria as the need arises. The agency may require |
58 | alterations to a building if it determines that an existing |
59 | condition constitutes a distinct hazard to life, health, or |
60 | safety. In performing any inspections of facilities authorized |
61 | by this part, the agency may enforce the special-occupancy |
62 | provisions of the Florida Building Code and the Florida Fire |
63 | Prevention Code which apply to nursing homes. Residents or their |
64 | representatives shall be able to request a change in the |
65 | placement of the bed in their room, provided that at admission |
66 | they are presented with a room that meets requirements of the |
67 | Florida Building Code. The location of a bed may be changed if |
68 | the requested placement does not infringe on the resident's |
69 | roommate or interfere with the resident's care or safety as |
70 | determined by the care planning team in accordance with facility |
71 | policies and procedures. In addition, the bed placement may not |
72 | be used as a restraint. Each facility shall maintain a log of |
73 | resident rooms with beds that are not in strict compliance with |
74 | the Florida Building Code in order for such log to be used by |
75 | surveyors and nurse monitors during inspections and visits. Any |
76 | resident or resident representative who requests that a bed be |
77 | moved shall sign a statement indicating that they understand the |
78 | room will not be in compliance with the Florida Building Code, |
79 | but they would prefer to exercise their right to self- |
80 | determination. The statement must be retained as part of the |
81 | resident's care plan. Any facility that offers this option shall |
82 | notify the agency of this practice by submitting a letter signed |
83 | by the nursing home administrator of record and a copy of the |
84 | facility's policies and procedures. The agency is directed to |
85 | provide assistance to the Florida Building Commission in |
86 | updating the construction standards of the code relative to |
87 | nursing homes. |
88 | Section 2. Subsection (4) is added to section 633.022, |
89 | Florida Statutes, to read: |
90 | 633.022 Uniform firesafety standards.--The Legislature |
91 | hereby determines that to protect the public health, safety, and |
92 | welfare it is necessary to provide for firesafety standards |
93 | governing the construction and utilization of certain buildings |
94 | and structures. The Legislature further determines that certain |
95 | buildings or structures, due to their specialized use or to the |
96 | special characteristics of the person utilizing or occupying |
97 | these buildings or structures, should be subject to firesafety |
98 | standards reflecting these special needs as may be appropriate. |
99 | (4)(a) Notwithstanding any provision of law to the |
100 | contrary, each nursing home licensed under part II of chapter |
101 | 400 shall be protected by an approved, supervised automatic |
102 | sprinkler system in accordance with section 9 of National Fire |
103 | Protection Association, Inc., Life Safety Code, in accordance |
104 | with the following schedule: |
105 | 1. Each hazardous area of each nursing home shall be |
106 | protected by an approved, supervised automatic sprinkler system |
107 | by no later than December 31, 2008. |
108 | 2. Each entire nursing home shall be protected by an |
109 | approved, supervised automatic sprinkler system by no later than |
110 | December 31, 2010. |
111 | (b) The division may grant up to two 1-year extensions of |
112 | the time limits for compliance in subparagraph (a)2. if the |
113 | division determines that the nursing home has been prevented |
114 | from complying for reasons beyond its control. |
115 | (c) The division is authorized to adopt any rule necessary |
116 | for the implementation and enforcement of this subsection. The |
117 | division shall enforce this subsection in accordance with the |
118 | provisions of this chapter, and any nursing home licensed under |
119 | part II of chapter 400 that is in violation of this subsection |
120 | may be subject to administrative sanctions by the division |
121 | pursuant to this chapter. |
122 | (d) Adjustments shall be made to the provider Medicaid |
123 | rate to allow reimbursement over a 5-year period for Medicaid's |
124 | portion of the costs incurred to meet the requirements of this |
125 | subsection. Funding for this adjustment shall come from existing |
126 | nursing home appropriations. |
127 | Section 3. Section 633.024, Florida Statutes, is created |
128 | to read: |
129 | 633.024 Legislative findings and intent; ensuring |
130 | effective fire protection of vulnerable nursing home residents |
131 | essential; retrofit of existing nursing homes expedited by |
132 | limited state loan guarantee; funding through Insurance |
133 | Regulatory Trust Fund.-- |
134 | (1) It is the intent of the Legislature to promote the |
135 | essential public purpose of ensuring effective fire protection |
136 | for the safety and welfare of nursing home residents of this |
137 | state who, because of their inability to protect themselves, are |
138 | most vulnerable to catastrophic injury or death in the event of |
139 | a fire. The Legislature finds that this purpose is served by |
140 | requiring the installation of appropriate fire protection |
141 | systems in all nursing home facilities in this state that do not |
142 | currently have fire protection systems in operation for the |
143 | protection of their residents. The Legislature finds that the |
144 | high capital cost of retrofitting appropriate fire protection |
145 | systems at nursing home facilities not originally designed with |
146 | fire protection systems has discouraged the owners and operators |
147 | of such facilities from doing so. The Legislature therefore |
148 | finds that state action to provide a limited state guarantee of |
149 | loans covering these capital costs will expedite the immediate |
150 | installation of fire protection systems at facilities that lack |
151 | such systems and thereby ensure effective protection for those |
152 | nursing home populations that are now most vulnerable to the |
153 | catastrophic effects of fire. |
154 | (2) Because the Insurance Regulatory Trust Fund is funded |
155 | by the proceeds of fire insurance premiums written in this |
156 | state, the Legislature finds that it is in the public interest |
157 | for moneys held in the Insurance Regulatory Trust Fund to be |
158 | used to fund the limited loan guarantee program that mobilizes |
159 | private funding for the retrofitting of fire protection systems |
160 | at unprotected nursing homes located in this state. |
161 | Section 4. Section 633.0245, Florida Statutes, is created |
162 | to read: |
163 | 633.0245 State Fire Marshal Nursing Home Fire Protection |
164 | Loan Guarantee Program.-- |
165 | (1) The State Fire Marshal, with the assistance of the |
166 | Division of Treasury of the Department of Financial Services, |
167 | may enter into an investment agreement concerning the investment |
168 | of certain funds held in the Insurance Regulatory Trust Fund for |
169 | the purpose of establishing a limited loan guarantee program to |
170 | be known as the State Fire Marshal Nursing Home Fire Protection |
171 | Loan Guarantee Program. The investment must be limited as |
172 | follows: |
173 | (a) Not more than $4 million of the balance in the |
174 | Insurance Regulatory Trust Fund in any fiscal year may be at |
175 | risk at any time for the purpose of limited loan guarantees. |
176 | (b) Such funds at risk at any time may not be used to |
177 | guarantee any limited loan guarantee agreement for a period |
178 | longer than 10 years. |
179 | (c) No limited loan guarantee agreement based on invested |
180 | funds may be entered into after December 1, 2006. |
181 | (2) The State Fire Marshal may enter into limited loan |
182 | guarantee agreements with one or more financial institutions |
183 | qualified as public depositories in this state. Such agreements |
184 | shall provide a limited guarantee by the State of Florida |
185 | covering no more than 50 percent of the principal sum loaned by |
186 | such financial institution to an eligible nursing home, as |
187 | defined in subsection (10), for the sole purpose of the initial |
188 | installation at such nursing home of a fire protection system, |
189 | as defined in s. 633.021(8), approved by the State Fire Marshal |
190 | as being in compliance with the provisions of s. 633.022 and |
191 | rules adopted thereunder. |
192 | (3) The State Fire Marshal shall solicit requests for |
193 | proposals from qualified financial institutions willing to fund |
194 | loans to eligible nursing homes for the installation of fire |
195 | protection systems approved by the State Fire Marshal under the |
196 | State Fire Marshal Nursing Home Fire Protection Loan Guarantee |
197 | Program. Each request for proposal shall specify the terms and |
198 | conditions under which the responding institution is prepared to |
199 | make loans under the program, including, but not limited to, |
200 | applicable interest rates, repayment terms, credit policies, |
201 | loan fees, and proposed security interests to be executed by the |
202 | borrower. After evaluation of all requests for proposals, the |
203 | State Fire Marshal shall select one or more responding |
204 | institutions as designated lenders under the program. |
205 | (4) The State Fire Marshal shall prescribe by rule an |
206 | application form for participation in the State Fire Marshal |
207 | Nursing Home Fire Protection Loan Guarantee Program to be |
208 | submitted by each eligible nursing home that desires to install |
209 | a fire protection system funded by a loan from a designated |
210 | lender under the program. Nothing in this section shall be |
211 | deemed to require an eligible nursing home to do business with a |
212 | designated lender. At a minimum, the application shall require |
213 | each applicant to provide the following information: |
214 | (a) The name and address of the eligible nursing home. |
215 | (b) The name and address of the owner of the nursing home |
216 | or, if the owner is a partnership, the name and address of the |
217 | general partner. |
218 | (c) The lessee of the nursing home premises, if any. |
219 | (d) A complete description of the structure or structures |
220 | where the fire protection system is to be installed, including |
221 | age, physical dimensions, overall square footage, a real extent |
222 | of proposed coverage areas, and other relevant information |
223 | concerning the premises. |
224 | (e) Bed capacity of the nursing home, including beds |
225 | eligible for Medicare or Medicaid reimbursement. |
226 | (f) A statement regarding the availability to the |
227 | applicant of third-party reimbursement for installation of the |
228 | fire protection system. |
229 | (g) The location of closest water mains and fire hydrants, |
230 | if any. |
231 | (h) Complete sealed drawings showing the fire protection |
232 | system to be installed. |
233 | (i) Cost documentation, with a separate breakdown of cost |
234 | for labor and materials. |
235 | (j) Verification of the application by the applicant. |
236 | (5) The State Fire Marshal shall evaluate each application |
237 | submitted under this section to determine whether the proposed |
238 | fire protection system is feasible for installation as proposed |
239 | and complies with all applicable firesafety code provisions. An |
240 | application may not be approved without a positive determination |
241 | by the State Fire Marshal under this subsection. If the State |
242 | Fire Marshal is able to determine that the proposed fire |
243 | protection system is feasible and complies with applicable |
244 | firesafety codes, the application shall be approved for |
245 | submission to one or more lenders for funding. If the |
246 | application is insufficient, the State Fire Marshal shall notify |
247 | the applicant in writing and identify areas of deficiency that |
248 | must be corrected in order for the application to be approved. |
249 | (6) As soon as practicable after approval, each approved |
250 | application shall be submitted by the State Fire Marshal to one |
251 | or more designated lenders for funding. Upon request of a |
252 | designated lender, an approved applicant shall provide the |
253 | lender with documentation of its credit history and financial |
254 | status. If, after review of the applicant's documentation, a |
255 | lender refuses to fund the application, the lender shall |
256 | promptly notify the applicant and the State Fire Marshal in |
257 | writing of any reasons for its action. If the lender agrees to |
258 | fund the application, the lender shall notify the applicant and |
259 | the State Fire Marshal and schedule a closing date for the loan. |
260 | (7) At closing, the applicant shall execute appropriate |
261 | documents necessary to provide the lender and the State Fire |
262 | Marshal with a security interest in the property where the fire |
263 | protection system is to be installed. The State Fire Marshal |
264 | shall then execute a limited loan guarantee in favor of the |
265 | lender guaranteeing no more than 50 percent of the face value of |
266 | the loan. |
267 | (8) A designated lender covered by a limited state |
268 | guarantee for a loan under this section is not entitled to file |
269 | a claim for loss pursuant to the guarantee unless all reasonable |
270 | and normal remedies available and customary for lending |
271 | institutions for resolving problems of loan repayments are |
272 | exhausted. If the lender has received collateral security in |
273 | connection with the loan, the lender must first exhaust all |
274 | available remedies against the collateral security. |
275 | (9) No application for participation in the State Fire |
276 | Marshal Nursing Home Fire Protection Loan Guarantee Program may |
277 | be accepted by the State Fire Marshal after June 30, 2006. |
278 | (10) For purposes of this section, "eligible nursing home" |
279 | means a nursing home facility that provides nursing services as |
280 | defined in chapter 464, is licensed under part II of chapter |
281 | 400, and is certified by the Agency for Health Care |
282 | Administration to lack an installed fire protection system as |
283 | defined in s. 633.021(8). |
284 | (11) The State Fire Marshal may adopt any rules necessary |
285 | to implement the provisions of this section. |
286 | Section 5. This act shall take effect July 1, 2005. |