HB 189

1
A bill to be entitled
2An act relating to hospice facilities; amending s. 553.73,
3F.S.; including hospice facilities within the purview of
4the Florida Building Code; amending s. 400.605, F.S.;
5deleting provisions requiring the Department of Elderly
6Affairs to adopt physical plant standards for hospice
7facilities; creating s. 400.6051, F.S.; requiring that
8construction standards for hospice facilities be in
9compliance with the Florida Building Code; requiring the
10Agency for Health Care Administration to provide technical
11assistance to the Florida Building Commission to update the
12Florida Building Code for hospice facilities; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (2) of section 553.73, Florida
18Statutes, is amended to read:
19     553.73  Florida Building Code.--
20     (2)  The Florida Building Code shall contain provisions or
21requirements for public and private buildings, structures, and
22facilities relative to structural, mechanical, electrical,
23plumbing, energy, and gas systems, existing buildings,
24historical buildings, manufactured buildings, elevators, coastal
25construction, lodging facilities, food sales and food service
26facilities, health care facilities, including assisted living
27facilities, adult day care facilities, hospice residential and
28inpatient facilities and units, and facilities for the control
29of radiation hazards, public or private educational facilities,
30swimming pools, and correctional facilities and enforcement of
31and compliance with such provisions or requirements. Further,
32the Florida Building Code must provide for uniform
33implementation of ss. 515.25, 515.27, and 515.29 by including
34standards and criteria for residential swimming pool barriers,
35pool covers, latching devices, door and window exit alarms, and
36other equipment required therein, which are consistent with the
37intent of s. 515.23. Technical provisions to be contained within
38the Florida Building Code are restricted to requirements related
39to the types of materials used and construction methods and
40standards employed in order to meet criteria specified in the
41Florida Building Code. Provisions relating to the personnel,
42supervision or training of personnel, or any other professional
43qualification requirements relating to contractors or their
44workforce may not be included within the Florida Building Code,
45and subsections (4), (5), (6), and (7) are not to be construed
46to allow the inclusion of such provisions within the Florida
47Building Code by amendment. This restriction applies to both
48initial development and amendment of the Florida Building Code.
49     Section 2.  Subsection (1) of section 400.605, Florida
50Statutes, is amended to read:
51     400.605  Administration; forms; fees; rules; inspections;
52fines.--
53     (1)  The department, in consultation with the agency, shall
54by rule establish minimum standards and procedures for a
55hospice. The rules must include:
56     (a)  License application procedures and requirements.
57     (b)  The qualifications of professional and ancillary
58personnel to ensure the provision of appropriate and adequate
59hospice care.
60     (c)  Standards and procedures for the administrative
61management of a hospice.
62     (d)  Standards for hospice services that ensure the
63provision of quality patient care.
64     (e)  Components of a patient plan of care.
65     (f)  Procedures relating to the implementation of advanced
66directives and do-not-resuscitate orders.
67     (g)  Procedures for maintaining and ensuring
68confidentiality of patient records.
69     (h)  Standards for hospice care provided in freestanding
70inpatient facilities that are not otherwise licensed medical
71facilities and in residential care facilities such as nursing
72homes, assisted living facilities, adult family care homes, and
73hospice residential units and facilities.
74     (i)  Physical plant standards for hospice residential and
75inpatient facilities and units.
76     (i)(j)  Components of a comprehensive emergency management
77plan, developed in consultation with the Department of Health,
78the Department of Elderly Affairs, and the Department of
79Community Affairs.
80     (j)(k)  Standards and procedures relating to the
81establishment and activities of a quality assurance and
82utilization review committee.
83     (k)(l)  Components and procedures relating to the
84collection of patient demographic data and other information on
85the provision of hospice care in this state.
86     Section 3.  Section 400.6051, Florida Statutes, is created
87to read:
88     400.6051  Construction and renovation; requirements.--The
89requirements for the construction and the renovation of a
90hospice residential or inpatient facility or unit must comply
91with the provisions of chapter 553 which pertain to building
92construction standards, including plumbing, electrical code,
93glass, manufactured buildings, accessibility for persons with
94disabilities, and the state minimum building codes. The Agency
95for Health Care Administration shall provide technical
96assistance to the Florida Building Commission in updating the
97construction standards of the Florida Building Code which govern
98hospice facilities.
99     Section 4.  This act shall take effect July 1, 2005.


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