Senate Bill sb1516

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    Florida Senate - 2005                                  SB 1516

    By Senator Wilson





    33-145-05

  1                      A bill to be entitled

  2         An act relating to respite care; amending s. 52

  3         of ch. 2001-45, Laws of Florida, as amended;

  4         specifying nonapplication of a moratorium on

  5         certificates of need for the addition of

  6         nursing home beds for nursing homes that

  7         provide respite care for certain persons;

  8         providing for repeal; requiring the Agency for

  9         Health Care Administration to adopt rules for

10         the provision of respite care by nursing homes;

11         providing an effective date.

12  

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

14  

15         Section 1.  Section 52 of chapter 2001-45, Laws of

16  Florida, as amended by section 1693 of chapter 2003-261, Laws

17  of Florida, and section 12 of chapter 2004-298, Laws of

18  Florida, is amended to read:

19         Section 52.  (1)  Notwithstanding the establishment of

20  need as provided for in chapter 408, Florida Statutes, a no

21  certificate of need for additional community nursing home beds

22  may not shall be approved by the agency until July 1, 2006.

23         (2)  The Legislature finds that the continued growth in

24  the Medicaid budget for nursing home care has constrained the

25  ability of the state to meet the needs of its elderly

26  residents through the use of less restrictive and less

27  institutional methods of long-term care. It is therefore the

28  intent of the Legislature to limit the increase in Medicaid

29  nursing home expenditures in order to provide funds to invest

30  in long-term care that is community-based and provides

31  supportive services in a manner that is both more

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    Florida Senate - 2005                                  SB 1516
    33-145-05




 1  cost-effective and more in keeping with the wishes of the

 2  elderly residents of this state.

 3         (3)  This moratorium on certificates of need does shall

 4  not apply to sheltered nursing home beds in a continuing care

 5  retirement community certified by the former Department of

 6  Insurance or by the Office of Insurance Regulation pursuant to

 7  chapter 651, Florida Statutes.

 8         (4)(a)  The moratorium on certificates of need does not

 9  apply and a certificate of need for additional community

10  nursing home beds may be approved for a county that meets the

11  following circumstances:

12         1.  The county has no community nursing home beds; and

13         2.  The lack of community nursing home beds occurs

14  because all nursing home beds in the county that were licensed

15  on July 1, 2001, have subsequently closed.

16         (b)  The certificate-of-need review for such

17  circumstances shall be subject to the comparative review

18  process consistent with the provisions of section 408.039,

19  Florida Statutes, and the number of beds may not exceed the

20  number of beds lost by the county after July 1, 2001.

21  

22  This subsection shall be repealed upon the expiration of the

23  moratorium established in subsection (1).

24         (5)  The moratorium on certificates of need does not

25  apply for the addition of nursing home beds licensed under

26  chapter 400, Florida Statutes, to a nursing home located in a

27  county having up to 50,000 residents, in a number not

28  exceeding 10 total beds or 10 percent of the number of beds

29  licensed in the facility being expanded, whichever is greater.

30  In addition to any other documentation required by the agency,

31  a request submitted under this subsection must:

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    Florida Senate - 2005                                  SB 1516
    33-145-05




 1         (a)  Certify that the facility has not had any class I

 2  or class II deficiencies within the 30 months preceding the

 3  request for addition.

 4         (b)  Certify that the prior 12-month average occupancy

 5  rate for the nursing home beds at the facility meets or

 6  exceeds 94 percent.

 7         (c)  For a facility that has been licensed for less

 8  than 24 months, certify that the prior 6-month average

 9  occupancy rate for the nursing home beds at the facility meets

10  or exceeds 94 percent and that the facility has not had any

11  class I or class II deficiencies since its initial licensure.

12  

13  This subsection shall be repealed upon the expiration of the

14  moratorium established in subsection (1).

15         (6)  The moratorium on a certificate of need does not

16  apply for the addition of nursing home beds licensed under

17  chapter 400, Florida Statutes, to a nursing home that provides

18  only respite care for children and adults with disabilities

19  and elderly adults with special needs for a period of at least

20  24 hours and no more than 14 days. This subsection shall be

21  repealed upon the expiration of the moratorium established in

22  subsection (1).

23         Section 2.  The Agency for Health Care Administration

24  shall adopt rules for the provision of respite care by nursing

25  homes. The rules must include requirements for nursing homes

26  that provide respite care for children and adults with complex

27  medical conditions who are medically or technologically

28  dependent.

29         Section 3.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2005                                  SB 1516
    33-145-05




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 2                          SENATE SUMMARY

 3    Specifies nonapplication of a moratorium on certificates
      of need for the addition of nursing home beds for nursing
 4    homes that provide respite care for certain persons.
      Requires that the Agency for Health Care Administration
 5    adopt rules for the provision of respite care by nursing
      homes.
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