| 1 | A bill to be entitled |
| 2 | An act relating to respite care; amending s. 52 of ch. |
| 3 | 2001-45, Laws of Florida, as amended; specifying |
| 4 | nonapplication of a moratorium on certificates of need for |
| 5 | the addition of nursing home beds for nursing homes that |
| 6 | provide respite care for certain persons; providing for |
| 7 | repeal; requiring the Agency for Health Care |
| 8 | Administration to adopt rules for the provision of respite |
| 9 | care by nursing homes; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 52 of chapter 2001-45, Laws of Florida, |
| 14 | as amended by section 1693 of chapter 2003-261, Laws of Florida, |
| 15 | and section 12 of chapter 2004-298, Laws of Florida, is amended |
| 16 | to read: |
| 17 | Section 52. (1) Notwithstanding the establishment of need |
| 18 | as provided for in chapter 408, Florida Statutes, a no |
| 19 | certificate of need for additional community nursing home beds |
| 20 | may not shall be approved by the agency until July 1, 2006. |
| 21 | (2) The Legislature finds that the continued growth in the |
| 22 | Medicaid budget for nursing home care has constrained the |
| 23 | ability of the state to meet the needs of its elderly residents |
| 24 | through the use of less restrictive and less institutional |
| 25 | methods of long-term care. It is therefore the intent of the |
| 26 | Legislature to limit the increase in Medicaid nursing home |
| 27 | expenditures in order to provide funds to invest in long-term |
| 28 | care that is community-based and provides supportive services in |
| 29 | a manner that is both more cost-effective and more in keeping |
| 30 | with the wishes of the elderly residents of this state. |
| 31 | (3) This moratorium on certificates of need does shall not |
| 32 | apply to sheltered nursing home beds in a continuing care |
| 33 | retirement community certified by the former Department of |
| 34 | Insurance or by the Office of Insurance Regulation pursuant to |
| 35 | chapter 651, Florida Statutes. |
| 36 | (4)(a) The moratorium on certificates of need does not |
| 37 | apply and a certificate of need for additional community nursing |
| 38 | home beds may be approved for a county that meets the following |
| 39 | circumstances: |
| 40 | 1. The county has no community nursing home beds; and |
| 41 | 2. The lack of community nursing home beds occurs because |
| 42 | all nursing home beds in the county that were licensed on July |
| 43 | 1, 2001, have subsequently closed. |
| 44 | (b) The certificate-of-need review for such circumstances |
| 45 | shall be subject to the comparative review process consistent |
| 46 | with the provisions of section 408.039, Florida Statutes, and |
| 47 | the number of beds may not exceed the number of beds lost by the |
| 48 | county after July 1, 2001. |
| 49 |
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| 50 | This subsection shall be repealed upon the expiration of the |
| 51 | moratorium established in subsection (1). |
| 52 | (5) The moratorium on certificates of need does not apply |
| 53 | for the addition of nursing home beds licensed under chapter |
| 54 | 400, Florida Statutes, to a nursing home located in a county |
| 55 | having up to 50,000 residents, in a number not exceeding 10 |
| 56 | total beds or 10 percent of the number of beds licensed in the |
| 57 | facility being expanded, whichever is greater. In addition to |
| 58 | any other documentation required by the agency, a request |
| 59 | submitted under this subsection must: |
| 60 | (a) Certify that the facility has not had any class I or |
| 61 | class II deficiencies within the 30 months preceding the request |
| 62 | for addition. |
| 63 | (b) Certify that the prior 12-month average occupancy rate |
| 64 | for the nursing home beds at the facility meets or exceeds 94 |
| 65 | percent. |
| 66 | (c) For a facility that has been licensed for less than 24 |
| 67 | months, certify that the prior 6-month average occupancy rate |
| 68 | for the nursing home beds at the facility meets or exceeds 94 |
| 69 | percent and that the facility has not had any class I or class |
| 70 | II deficiencies since its initial licensure. |
| 71 |
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| 72 | This subsection shall be repealed upon the expiration of the |
| 73 | moratorium established in subsection (1). |
| 74 | (6) The moratorium on a certificate of need does not apply |
| 75 | for the addition of nursing home beds licensed under chapter |
| 76 | 400, Florida Statutes, to a nursing home that provides only |
| 77 | respite care for children and adults with disabilities and |
| 78 | elderly adults with special needs for a period of at least 24 |
| 79 | hours and no more than 14 days. This subsection shall be |
| 80 | repealed upon the expiration of the moratorium established in |
| 81 | subsection (1). |
| 82 | Section 2. The Agency for Health Care Administration shall |
| 83 | adopt rules for the provision of respite care by nursing homes. |
| 84 | The rules must include requirements for nursing homes that |
| 85 | provide respite care for children and adults with complex |
| 86 | medical conditions who are medically or technologically |
| 87 | dependent. |
| 88 | Section 3. This act shall take effect upon becoming a law. |