HB 1559

1
A bill to be entitled
2An act relating to respite care; amending s. 52 of ch.
32001-45, Laws of Florida, as amended; specifying
4nonapplication of a moratorium on certificates of need for
5the addition of nursing home beds for nursing homes that
6provide respite care for certain persons; providing for
7repeal; requiring the Agency for Health Care
8Administration to adopt rules for the provision of respite
9care by nursing homes; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 52 of chapter 2001-45, Laws of Florida,
14as amended by section 1693 of chapter 2003-261, Laws of Florida,
15and section 12 of chapter 2004-298, Laws of Florida, is amended
16to read:
17     Section 52.  (1)  Notwithstanding the establishment of need
18as provided for in chapter 408, Florida Statutes, a no
19certificate of need for additional community nursing home beds
20may not shall be approved by the agency until July 1, 2006.
21     (2)  The Legislature finds that the continued growth in the
22Medicaid budget for nursing home care has constrained the
23ability of the state to meet the needs of its elderly residents
24through the use of less restrictive and less institutional
25methods of long-term care. It is therefore the intent of the
26Legislature to limit the increase in Medicaid nursing home
27expenditures in order to provide funds to invest in long-term
28care that is community-based and provides supportive services in
29a manner that is both more cost-effective and more in keeping
30with the wishes of the elderly residents of this state.
31     (3)  This moratorium on certificates of need does shall not
32apply to sheltered nursing home beds in a continuing care
33retirement community certified by the former Department of
34Insurance or by the Office of Insurance Regulation pursuant to
35chapter 651, Florida Statutes.
36     (4)(a)  The moratorium on certificates of need does not
37apply and a certificate of need for additional community nursing
38home beds may be approved for a county that meets the following
39circumstances:
40     1.  The county has no community nursing home beds; and
41     2.  The lack of community nursing home beds occurs because
42all nursing home beds in the county that were licensed on July
431, 2001, have subsequently closed.
44     (b)  The certificate-of-need review for such circumstances
45shall be subject to the comparative review process consistent
46with the provisions of section 408.039, Florida Statutes, and
47the number of beds may not exceed the number of beds lost by the
48county after July 1, 2001.
49
50This subsection shall be repealed upon the expiration of the
51moratorium established in subsection (1).
52     (5)  The moratorium on certificates of need does not apply
53for the addition of nursing home beds licensed under chapter
54400, Florida Statutes, to a nursing home located in a county
55having up to 50,000 residents, in a number not exceeding 10
56total beds or 10 percent of the number of beds licensed in the
57facility being expanded, whichever is greater. In addition to
58any other documentation required by the agency, a request
59submitted under this subsection must:
60     (a)  Certify that the facility has not had any class I or
61class II deficiencies within the 30 months preceding the request
62for addition.
63     (b)  Certify that the prior 12-month average occupancy rate
64for the nursing home beds at the facility meets or exceeds 94
65percent.
66     (c)  For a facility that has been licensed for less than 24
67months, certify that the prior 6-month average occupancy rate
68for the nursing home beds at the facility meets or exceeds 94
69percent and that the facility has not had any class I or class
70II deficiencies since its initial licensure.
71
72This subsection shall be repealed upon the expiration of the
73moratorium established in subsection (1).
74     (6)  The moratorium on a certificate of need does not apply
75for the addition of nursing home beds licensed under chapter
76400, Florida Statutes, to a nursing home that provides only
77respite care for children and adults with disabilities and
78elderly adults with special needs for a period of at least 24
79hours and no more than 14 days. This subsection shall be
80repealed upon the expiration of the moratorium established in
81subsection (1).
82     Section 2.  The Agency for Health Care Administration shall
83adopt rules for the provision of respite care by nursing homes.
84The rules must include requirements for nursing homes that
85provide respite care for children and adults with complex
86medical conditions who are medically or technologically
87dependent.
88     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.