Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2616
                        Barcode 365774
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Community Affairs (Clary) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 252.355, Florida Statutes, is
19  amended to read:
20         252.355  Registry of persons with special needs;
21  notice.--
22         (1)  In order to meet the special needs of clients
23  persons who would need assistance during evacuations and
24  sheltering because of physical, mental, cognitive impairment,
25  or sensory disabilities, each local emergency management
26  agency in the state shall maintain a registry of persons with
27  special needs located within the jurisdiction of the local
28  agency. The registration shall identify those persons in need
29  of assistance and plan for resource allocation to meet those
30  identified needs. To assist the local emergency management
31  agency in identifying such persons, the Department of Children
                                  1
    4:06 PM   04/22/05                           s2616c1c-ca04-k8j

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 and Family Services, Department of Health, Agency for Health 2 Care Administration, Department of Education, Agency for 3 Persons with Disabilities, Department of Labor and Employment 4 Security, and Department of Elderly Affairs shall provide 5 registration information to all of their special needs clients 6 and to all people with disabilities or special needs who 7 receive services incoming clients as a part of the intake 8 process. The registry shall be updated annually. The 9 registration program shall give persons with special needs the 10 option of preauthorizing emergency response personnel to enter 11 their homes during search and rescue operations if necessary 12 to assure their safety and welfare following disasters. 13 (2) The Department of Community Affairs shall be the 14 designated lead agency responsible for community education and 15 outreach to the general public, including special needs 16 clients, regarding registration and special needs shelters and 17 general information regarding shelter stays. The Department of 18 Community Affairs shall disseminate such educational and 19 outreach information through the local emergency management 20 offices. The department shall coordinate the development of 21 curriculum and dissemination of all community education and 22 outreach related to special needs shelters with the 23 Clearinghouse on Disability Information of the Governor's 24 Working Group on the Americans with Disabilities Act, the 25 Department of Children and Family Services, the Department of 26 Health, the Agency for Health Care Administration, the 27 Department of Education, the Agency for Persons with 28 Disabilities, and the Department of Elderly Affairs. 29 (3)(2) On or before May 1 of each year each electric 30 utility in the state shall annually notify residential 31 customers in its service area of the availability of the 2 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 registration program available through their local emergency 2 management agency. 3 (4)(3) All records, data, information, correspondence, 4 and communications relating to the registration of persons 5 with special needs as provided in subsection (1) are 6 confidential and exempt from the provisions of s. 119.07(1), 7 except that such information shall be available to other 8 emergency response agencies, as determined by the local 9 emergency management director, and shall be provided to the 10 Department of Health in the furtherance of their duties and 11 responsibilities. 12 (5)(4) All appropriate agencies and community-based 13 service providers, including home health care providers, and 14 hospices shall assist emergency management agencies by 15 collecting registration information for persons with special 16 needs as part of program intake processes, establishing 17 programs to increase the awareness of the registration 18 process, and educating clients about the procedures that may 19 be necessary for their safety during disasters. Clients of 20 state or federally funded service programs with physical, 21 mental, cognitive impairment, or sensory disabilities who need 22 assistance in evacuating, or when in shelters, must register 23 as persons with special needs. 24 Section 2. Section 381.0303, Florida Statutes, is 25 amended to read: 26 381.0303 Health practitioner recruitment for Special 27 needs shelters.-- 28 (1) PURPOSE.--The purpose of this section is to 29 provide for the operation, maintenance, and closure of special 30 needs shelters and to designate the Department of Health, 31 through its county health departments, as the lead agency for 3 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 coordination of the recruitment of health care practitioners, 2 as defined in s. 456.001(4), to staff special needs shelters 3 in times of emergency or disaster and to provide resources to 4 the department to carry out this responsibility. However, 5 nothing in this section prohibits a county health department 6 from entering into an agreement with a local emergency 7 management agency to assume the lead responsibility for 8 recruiting health care practitioners. 9 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; CLOSURE; 10 STATE AGENCY ASSISTANCE AND STAFFING.--Provided funds have 11 been appropriated to support medical services disaster 12 coordinator positions in county health departments, 13 (a) The department shall assume lead responsibility 14 for the local coordination of local medical and health care 15 providers, the American Red Cross, and other interested 16 parties in developing a plan for the staffing and medical 17 management of special needs shelters. The local Children's 18 Medical Services offices shall assume lead responsibility for 19 the local coordination of local medical and health care 20 providers, the American Red Cross, and other interested 21 parties in developing a plan for the staffing and medical 22 management of pediatric special needs shelters. Plans shall 23 conform to The plan shall be in conformance with the local 24 comprehensive emergency management plan. 25 (b)(a) County health departments shall, in conjunction 26 with the local emergency management agencies, have the lead 27 responsibility for coordination of the recruitment of health 28 care practitioners to staff local special needs shelters. 29 County health departments shall assign their employees to work 30 in special needs shelters when those employees are needed to 31 protect the health and safety of special needs clients of 4 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 patients. County governments shall assist in this process. 2 (c)(b) The appropriate county health department, 3 Children's Medical Services office, and local emergency 4 management agency shall jointly decide determine who has 5 responsibility for medical supervision in each a special needs 6 shelter and shall notify the department of their decision. 7 (d)(c) Local emergency management agencies shall be 8 responsible for the designation and operation of special needs 9 shelters during times of emergency or disaster and the closure 10 of the facilities following an emergency or disaster. County 11 health departments shall assist the local emergency management 12 agency with regard to the management of medical services in 13 special needs shelters. 14 (e) State employees with a preestablished role in 15 disaster response may be called upon to serve in times of 16 disaster commensurate with their knowledge, skills, and 17 abilities and any needed activities related to the situation. 18 (f) The Secretary of Elderly Affairs, or his or her 19 designee, shall convene, at any time that he or she deems 20 appropriate and necessary, a multiagency emergency special 21 needs shelter response team or teams to assist local areas 22 that are severely impacted by a natural or manmade disaster 23 that requires the use of special needs shelters. Multiagency 24 response teams shall provide assistance to local emergency 25 management agencies with the continued operation or closure of 26 the shelters, as well as with the discharge of special needs 27 clients to alternate facilities if necessary. Local emergency 28 management agencies may request the assistance of a 29 multiagency response team by alerting statewide emergency 30 management officials of the necessity for additional 31 assistance in their area. The Secretary of Elderly Affairs is 5 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 encouraged to proactively work with other state agencies prior 2 to any natural disasters for which warnings are provided to 3 ensure that multiagency response teams are ready to assemble 4 and deploy rapidly upon a determination by state emergency 5 management officials that a disaster area requires additional 6 assistance. The Secretary of Elderly Affairs may call upon any 7 state agency or office to provide staff to assist a 8 multiagency response team or teams. Unless the secretary 9 determines that the nature or circumstances surrounding the 10 disaster do not warrant participation from a particular 11 agency's staff, each multiagency response team shall include 12 at least one representative from each of the following state 13 agencies: 14 1. Department of Elderly Affairs. 15 2. Department of Health. 16 3. Department of Children and Family Services. 17 4. Department of Veterans' Affairs. 18 5. Department of Community Affairs. 19 6. Agency for Health Care Administration. 20 7. Agency for Persons with Disabilities. 21 (3) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND 22 FACILITIES.-- 23 (a) The Department of Health shall upon request 24 reimburse, subject to the availability of funds for this 25 purpose, health care practitioners, as defined in s. 456.001, 26 provided the practitioner is not providing care to a patient 27 under an existing contract, and emergency medical technicians 28 and paramedics licensed under pursuant to chapter 401, for 29 medical care provided at the request of the department in 30 special needs shelters or at other locations during times of 31 emergency or a declared major disaster. Reimbursement for 6 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 health care practitioners, except for physicians licensed 2 under pursuant to chapter 458 or chapter 459, shall be based 3 on the average hourly rate that such practitioners were paid 4 according to the most recent survey of Florida hospitals 5 conducted by the Florida Hospital Association. Reimbursement 6 shall be requested on forms prepared by the Department of 7 Health and shall be paid as specified in paragraph (d). 8 (b) Hospitals and nursing homes that are used to 9 shelter special needs clients during or after an evacuation 10 may submit invoices for reimbursement to the department. The 11 department shall develop a form for reimbursement and shall 12 specify by rule which expenses are reimbursable and the rate 13 of reimbursement for each service. Reimbursement for the 14 services described in this paragraph shall be paid as 15 specified in paragraph (d). 16 (c) If, upon closure of a special needs shelter, a 17 multiagency response team determines that it is necessary to 18 discharge special needs shelter clients to other health care 19 facilities, such as nursing homes, assisted living facilities, 20 and community residential group homes, the receiving 21 facilities shall be eligible for reimbursement for services 22 provided to the clients for up to 90 days. Any facility 23 eligible for reimbursement under this paragraph shall submit 24 invoices for reimbursement on forms developed by the 25 department. A facility shall show proof of a written request 26 from a representative of an agency serving on the multiagency 27 response team that the client for whom the facility is seeking 28 reimbursement for services rendered was referred to that 29 facility from a special needs shelter. Reimbursement for the 30 services described in this paragraph shall be paid as 31 specified in paragraph (d). 7 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 (d) If a Presidential Disaster Declaration has been 2 issued made, and the Federal Government makes funds available, 3 the department shall use those such funds for reimbursement of 4 eligible expenditures. In other situations, or if federal 5 funds do not fully compensate the department for 6 reimbursements permissible under reimbursement made pursuant 7 to this section, the department shall submit to the Cabinet or 8 the Legislature, as appropriate, a budget amendment to obtain 9 reimbursement from the working capital fund. The department 10 may not provide reimbursement to facilities under this 11 subsection for services provided to a special needs client if, 12 during the period of time in which the services were provided, 13 the client was enrolled in another state-funded program, such 14 as Medicaid or another similar program, which would otherwise 15 pay for the same services. Travel expense and per diem costs 16 shall be reimbursed pursuant to s. 112.061. 17 (4) HEALTH CARE PRACTITIONER REGISTRY.--The department 18 may use the registries established in ss. 401.273 and 456.38 19 when health care practitioners are needed to staff special 20 needs shelters or to staff disaster medical assistance teams. 21 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The 22 Secretary Department of Health may establish a special needs 23 shelter interagency committee and serve as or appoint a 24 designee to serve as the committee's chair. The department 25 shall provide any necessary staff and resources to support the 26 committee in the performance of its duties, to be chaired and 27 staffed by the department. The committee shall resolve 28 problems related to special needs shelters not addressed in 29 the state comprehensive emergency medical plan and shall 30 consult on serve as an oversight committee to monitor the 31 planning and operation of special needs shelters. 8 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 (a) The committee shall may: 2 1. Develop and negotiate any necessary interagency 3 agreements. 4 2. Undertake other such activities as the department 5 deems necessary to facilitate the implementation of this 6 section. 7 3. Submit recommendations to the Legislature as 8 necessary. Such recommendations shall include, but not be 9 limited to, the following: 10 a. Defining "special needs shelter." 11 b. Defining "special needs client." 12 c. Development of a uniform registration form for 13 special needs clients. 14 d. Improving public awareness regarding the 15 registration process. 16 e. Improving overall communications with special needs 17 clients both before and after a disaster. 18 f. Recommending the construction or designation of 19 additional special needs shelters in underserved areas of the 20 state and the necessity of upgrading, modifying, or 21 retrofitting existing special needs shelters. 22 g. Recommending guidelines to establish a statewide 23 database designed to collect and disseminate timely and 24 appropriate special needs registration information. 25 (b) The special needs shelter interagency committee 26 shall be composed of representatives of emergency management, 27 health, medical, and social services organizations. Membership 28 shall include, but shall not be limited to, representatives of 29 the Departments of Health, Community Affairs, Children and 30 Family Services, Elderly Affairs, Labor and Employment 31 Security, and Education; the Agency for Health Care 9 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 Administration; the Florida Medical Association; the Florida 2 Osteopathic Medical Association; Associated Home Health 3 Industries of Florida, Inc.; the Florida Nurses Association; 4 the Florida Health Care Association; the Florida Assisted 5 Living Affiliation Association; the Florida Hospital 6 Association; the Florida Statutory Teaching Hospital Council; 7 the Florida Association of Homes for the Aging; the Florida 8 Emergency Preparedness Association; the American Red Cross; 9 Florida Hospices and Palliative Care, Inc.; the Association of 10 Community Hospitals and Health Systems; the Florida 11 Association of Health Maintenance Organizations; the Florida 12 League of Health Systems; Private Care Association; and the 13 Salvation Army; the Florida Association of Aging Services 14 Providers; and the AARP. 15 (c) Meetings of the committee shall be held in 16 Tallahassee, and members of the committee shall serve at the 17 expense of the agencies or organizations they represent. The 18 committee shall make every effort to use teleconference or 19 video conference capabilities in order to ensure statewide 20 input and participation. 21 (6) RULES.--The department has the authority to adopt 22 rules necessary to implement this section. Rules shall may 23 include a definition of a special needs client patient, 24 specify physician reimbursement, and the designation of 25 designate which county health departments which will have 26 responsibility for the implementation of subsections (2) and 27 (3). Standards for special needs shelters adopted by rule 28 shall include minimum standards relating to: 29 (a) The provision of electricity. 30 (b) Staffing levels for provision of services to 31 assist individuals with activities of daily living. 10 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 (c) Provision of transportation services. 2 (d) Compliance with applicable service animal laws. 3 (e) Eligibility criteria that includes individuals 4 with physical, cognitive, and psychiatric disabilities. 5 (f) Provision of support and services for individuals 6 with physical, cognitive, and psychiatric disabilities. 7 (g) Standardized applications that include specific 8 eligibility criteria and the services an individual with 9 special needs can expect to receive. 10 (h) Procedures for addressing the needs of 11 unregistered individuals in need of shelter. 12 (i) Requirements that the special needs shelter 13 location meets the Florida Accessibility Code for Building 14 Construction. If the location fails to meet the standards, a 15 plan must be provided describing how compliance will be 16 achieved. 17 (j) Procedures for addressing the needs of families 18 that are eligible for special needs shelter services. Specific 19 procedures shall be developed to address the needs of families 20 with multiple dependents where only one dependent is eligible 21 for the special needs shelter. Specific procedures shall be 22 developed to address the needs of adults with special needs 23 who are caregivers for individuals without special needs. 24 (k) Standards for special needs shelters, including 25 staffing, emergency power, transportation services, supplies, 26 including durable medical equipment, and any other 27 recommendations for minimum standards as determined by the 28 committee. 29 (7) REVIEW OF EMERGENCY MANAGEMENT PLANS; CONTINUITY 30 OF CARE.--Each emergency management plan submitted to a county 31 health department by a home health agency pursuant to s. 11 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 400.497, by a nurse registry pursuant to s. 400.506, or by a 2 hospice pursuant to s. 400.610, shall specify the 3 organization's functional staffing plan for special needs 4 shelters to ensure continuity of care and services to its 5 clients during and after the disaster or emergency situation. 6 The submission of Emergency management plans to county health 7 departments by home health agencies pursuant to s. 8 400.497(8)(c) and (d) and by nurse registries pursuant to s. 9 400.506(16)(e) and by hospice programs pursuant to s. 10 400.610(1)(b) is conditional upon the receipt of an 11 appropriation by the department to establish medical services 12 disaster coordinator positions in county health departments 13 unless the secretary of the department and a local county 14 commission jointly determine to require such plans to be 15 submitted based on a determination that there is a special 16 need to protect public health in the local area during an 17 emergency. 18 Section 3. Subsections (2) and (4) of section 252.385, 19 Florida Statutes, are amended to read: 20 252.385 Public shelter space.-- 21 (2)(a) The division shall administer a program to 22 survey existing schools, universities, community colleges, and 23 other state-owned, municipally owned, and county-owned public 24 buildings and any private facility that the owner, in writing, 25 agrees to provide for use as a public hurricane evacuation 26 shelter to identify those that are appropriately designed and 27 located to serve as such shelters. The owners of the 28 facilities must be given the opportunity to participate in the 29 surveys. The Board of Regents, district school boards, 30 community college boards of trustees, and the Department of 31 Education are responsible for coordinating and implementing 12 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 the survey of public schools, universities, and community 2 colleges with the division or the local emergency management 3 agency. 4 (b) By January 31 of each even-numbered year, the 5 Division of Emergency Management within the Department of 6 Community Affairs shall prepare and submit a statewide 7 emergency shelter plan to the Governor and the Cabinet for 8 approval, subject to the requirements for approval provided in 9 s. 1013.37(2). The plan must also identify the general 10 location and square footage of special needs shelters, by 11 regional planning council region, during the next 5 years. The 12 Department of Health shall assist the division in determining 13 the estimated need for special needs shelter space based on 14 information from the special needs registration database and 15 other factors. 16 (4)(a) Public facilities, including schools, 17 postsecondary education facilities, and other facilities owned 18 or leased by the state or local governments, but excluding 19 hospitals or nursing homes, which are suitable for use as 20 public hurricane evacuation shelters shall be made available 21 at the request of the local emergency management agencies. The 22 local emergency management agency shall inspect a designated 23 facility to determine its readiness prior to activating such 24 facility for a specific hurricane or disaster. Such agencies 25 shall coordinate with the appropriate school board, 26 university, community college, or local governing board when 27 requesting the use of such facilities as public hurricane 28 evacuation shelters. 29 (b) The Department of Management Services shall 30 incorporate provisions for the use of suitable leased public 31 facilities as public hurricane evacuation shelters into lease 13 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 agreements for state agencies. Suitable leased public 2 facilities include leased public facilities that are solely 3 occupied by state agencies and have at least 2,000 square feet 4 of net floor area in a single room or in a combination of 5 rooms having a minimum of 400 square feet in each room. The 6 net square footage of floor area must be determined by 7 subtracting from the gross square footage the square footage 8 of spaces such as mechanical and electrical rooms, storage 9 rooms, open corridors, restrooms, kitchens, science or 10 computer laboratories, shop or mechanical areas, 11 administrative offices, records vaults, and crawl spaces. 12 (c) The Department of Management Services shall, in 13 consultation with local and state emergency management 14 agencies, assess Department of Management Services facilities 15 to identify the extent to which each facility has public 16 hurricane evacuation shelter space. The Department of 17 Management Services shall submit proposed facility retrofit 18 projects that incorporate hurricane protection enhancements to 19 the department for assessment and inclusion in the annual 20 report prepared in accordance with subsection (3). 21 Section 4. Section 400.492, Florida Statutes, is 22 amended to read: 23 400.492 Provision of services during an 24 emergency.--Each home health agency, nurse registry, hospice, 25 or durable medical equipment provider shall prepare and 26 maintain a comprehensive emergency management plan that is 27 consistent with the standards adopted by national 28 accreditation organizations and consistent with the local 29 special needs plan. The plan shall be updated annually and 30 shall provide for continuing home health, nurse registry, 31 hospice, or durable medical equipment services during an 14 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 emergency that interrupts patient care or services in the 2 patient's home. The plan shall describe how the home health 3 agency, nurse registry, hospice, or durable medical equipment 4 provider establishes and maintains an effective response to 5 emergencies and disasters, including: notifying staff when 6 emergency response measures are initiated; providing for 7 communication between staff members, county health 8 departments, and local emergency management agencies, 9 including a backup system; identifying resources necessary to 10 continue essential care or services or referrals to other 11 organizations subject to written agreement; and prioritizing 12 and contacting patients who need continued care or services. 13 (1) Each patient record for patients who are listed in 14 the registry established pursuant to s. 252.355 shall include 15 a description of how care or services will be continued in the 16 event of an emergency or disaster. The home health agency 17 shall discuss the emergency provisions with the patient and 18 the patient's caregivers, including where and how the patient 19 is to evacuate, procedures for notifying the home health 20 agency in the event that the patient evacuates to a location 21 other than the shelter identified in the patient record, and a 22 list of medications and equipment which must either accompany 23 the patient or will be needed by the patient in the event of 24 an evacuation. 25 (2) Each home health agency shall maintain a current 26 prioritized list of patients who need continued services 27 during an emergency. The list shall indicate how services 28 shall be continued in the event of an emergency or disaster 29 for each patient and if the patient is to be transported to a 30 special needs shelter, and shall indicate if the patient is 31 receiving skilled nursing services and the patient's 15 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 medication and equipment needs. The list shall be furnished to 2 county health departments and to local emergency management 3 agencies, upon request. 4 (3) Home health, hospice, and durable medical 5 equipment provider agencies shall not be required to continue 6 to provide care to patients in emergency situations that are 7 beyond their control and that make it impossible to provide 8 services, such as when roads are impassable or when patients 9 do not go to the location specified in their patient records. 10 Home health agencies, nurse registries, hospices, and durable 11 medical equipment providers may establish links to local 12 emergency operations centers to determine a mechanism to 13 approach areas within the disaster area in order for the 14 agency to reach its clients. The presentation of home care or 15 hospice clients to a special needs shelter without the home 16 health agency or hospice making a good-faith effort to provide 17 services in the shelter setting will constitute abandonment of 18 the client and will result in regulatory review. 19 (4) Notwithstanding the provisions of s. 400.464(2) or 20 any other provision of law to the contrary, a home health 21 agency may provide services in a special needs shelter located 22 in any county. 23 Section 5. Section 408.831, Florida Statutes, is 24 amended to read: 25 408.831 Denial, suspension, or revocation of a 26 license, registration, certificate, or application.-- 27 (1) In addition to any other remedies provided by law, 28 the agency may deny each application or suspend or revoke each 29 license, registration, or certificate of entities regulated or 30 licensed by it: 31 (a) If the applicant, licensee, registrant, or 16 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 certificateholder, or, in the case of a corporation, 2 partnership, or other business entity, if any officer, 3 director, agent, or managing employee of that business entity 4 or any affiliated person, partner, or shareholder having an 5 ownership interest equal to 5 percent or greater in that 6 business entity, has failed to pay all outstanding fines, 7 liens, or overpayments assessed by final order of the agency 8 or final order of the Centers for Medicare and Medicaid 9 Services, not subject to further appeal, unless a repayment 10 plan is approved by the agency; or 11 (b) For failure to comply with any repayment plan. 12 (2) In reviewing any application requesting a change 13 of ownership or change of the licensee, registrant, or 14 certificateholder, the transferor shall, prior to agency 15 approval of the change, repay or make arrangements to repay 16 any amounts owed to the agency. Should the transferor fail to 17 repay or make arrangements to repay the amounts owed to the 18 agency, the issuance of a license, registration, or 19 certificate to the transferee shall be delayed until repayment 20 or until arrangements for repayment are made. 21 (3) Entities subject to this section may exceed their 22 licensed capacity to act as a receiving facility in accordance 23 with an emergency operations plan for clients of evacuating 24 providers from a geographic area where an evacuation order has 25 been issued by a local authority having jurisdiction. While in 26 an overcapacity status, each provider must furnish or arrange 27 for appropriate care and services to all clients. Overcapacity 28 status in excess of 15 days shall require compliance with all 29 fire safety requirements or their equivalency as approved by 30 state and local authorities, whichever is applicable. In 31 addition, the agency shall approve requests for overcapacity 17 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 beyond 15 days, which approvals shall be based upon 2 satisfactory justification and need as provided by the 3 receiving and sending facility. 4 (4) An inactive license may be issued to a licensee 5 subject to this section when the provider is located in a 6 geographic area where a state of emergency was declared by the 7 Governor of Florida if the provider: 8 (a) Suffered damage to the provider's operation during 9 that state of emergency. 10 (b) Is currently licensed. 11 (c) Does not have a provisional license. 12 (d) Will be temporarily unable to provide services but 13 is reasonably expected to resume services within 12 months. 14 15 An inactive license may be issued for a period not to exceed 16 12 months but may be renewed by the agency for up to 6 17 additional months upon demonstration to the agency of progress 18 toward reopening. A request by a licensee for an inactive 19 license or to extend the previously approved inactive period 20 must be submitted in writing to the agency, accompanied by 21 written justification for the inactive license which states 22 the beginning and ending dates of inactivity and includes a 23 plan for the transfer of any clients to other providers and 24 appropriate licensure fees. Upon agency approval, the licensee 25 shall notify clients of any necessary discharge or transfer as 26 required by authorizing statutes or applicable rules. The 27 beginning of the inactive licensure period shall be the date 28 the provider ceases operations. The end of the inactive period 29 shall become the licensee expiration date and all licensure 30 fees must be current, paid in full, and may be prorated. 31 Reactivation of an inactive license requires the prior 18 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 approval by the agency of a renewal application, including 2 payment of licensure fees and agency inspections indicating 3 compliance with all requirements of this part and applicable 4 rules and statutes. 5 (5)(3) This section provides standards of enforcement 6 applicable to all entities licensed or regulated by the Agency 7 for Health Care Administration. This section controls over any 8 conflicting provisions of chapters 39, 381, 383, 390, 391, 9 393, 394, 395, 400, 408, 468, 483, and 641 or rules adopted 10 pursuant to those chapters. 11 Section 6. Section 252.357, Florida Statutes, is 12 created to read: 13 252.357 Monitoring of nursing homes during 14 disaster.--The Florida Comprehensive Emergency Management Plan 15 shall permit the Agency for Health Care Administration, 16 working from the agency's offices or in the Emergency 17 Operations Center, ESF-8, to make initial contact with each 18 nursing home in the disaster area. The agency, by July 15, 19 2005, and annually thereafter, shall publish on the Internet 20 an emergency telephone number that can be used by nursing 21 homes to contact the agency on a schedule established by the 22 agency to report requests for assistance. The agency may also 23 provide the telephone number to each facility when it makes 24 the initial facility call. 25 Section 7. This act shall take effect July 1, 2005. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 19 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 and insert: 2 A bill to be entitled 3 An act relating to emergency management; 4 amending s. 252.355, F.S.; specifying 5 additional agencies that are required to 6 provide registration information to special 7 needs clients and persons with disabilities or 8 special needs who receive services from such 9 agencies for purposes of inclusion within the 10 registry of persons with special needs 11 maintained by local emergency management 12 agencies; providing that the Department of 13 Community Affairs shall be the designated lead 14 agency responsible for community education and 15 outreach to the general public, including 16 special needs clients, regarding registration 17 as a person with special needs, special needs 18 shelters, and general information regarding 19 shelter stays; requiring the department to 20 disseminate educational and outreach 21 information through local emergency management 22 offices; requiring the department to coordinate 23 community education and outreach related to 24 special needs shelters with specified agencies 25 and entities; providing that specified 26 confidential and exempt information relating to 27 registration of persons with special needs be 28 provided to the Department of Health; amending 29 s. 381.0303, F.S.; providing for the operation, 30 maintenance, and closure of special needs 31 shelters; removing a condition of specified 20 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 funding as a prerequisite to the assumption of 2 lead responsibility by the Department of Health 3 for specified coordination with respect to the 4 development of a plan for the staffing and 5 medical management of special needs shelters; 6 providing that the local Children's Medical 7 Services offices shall assume lead 8 responsibility for specified coordination with 9 respect to the development of a plan for the 10 staffing and medical management of pediatric 11 special needs shelters; requiring such plans to 12 conform to the local comprehensive emergency 13 management plan; requiring county governments 14 to assist in the process of coordinating the 15 recruitment of health care practitioners to 16 staff local special needs shelters; providing 17 that the appropriate county health department, 18 Children's Medical Services office, and local 19 emergency management agency shall jointly 20 determine the responsibility for medical 21 supervision in a special needs shelter; 22 requiring local emergency management agencies 23 to be responsible for the closure of special 24 needs shelters following an emergency; 25 providing that state employees with a 26 preestablished role in disaster response may be 27 called upon to serve in times of disaster in 28 specified capacities; requiring the Secretary 29 of Elderly Affairs to convene a multiagency 30 emergency special needs shelter response team 31 or teams to assist local areas that are 21 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 severely impacted by a natural or manmade 2 disaster that required the use of special needs 3 shelters; providing duties and responsibilities 4 of multiagency response teams; authorizing 5 local emergency management agencies to request 6 the assistance of a multiagency response team; 7 providing for the inclusion of specified state 8 agency representatives on each multiagency 9 response team; authorizing hospitals and 10 nursing homes that are used to shelter special 11 needs persons during or after an evacuation to 12 submit invoices for reimbursement to the 13 Department of Health; requiring the department 14 to specify by rule expenses that are 15 reimbursable and the rate of reimbursement for 16 services; prescribing means of and procedures 17 for reimbursement; providing eligibility for 18 reimbursement of health care facilities to whom 19 special needs shelter clients have been 20 discharged by a multiagency response team upon 21 closure of a special needs shelter; providing 22 requirements with respect to such 23 reimbursement; prescribing means of and 24 procedures for reimbursement; disallowing 25 specified reimbursements; revising the role of 26 the special needs shelter interagency committee 27 with respect to the planning and operation of 28 special needs shelters; providing required 29 functions of the committee; providing that the 30 committee shall recommend guidelines to 31 establish a statewide database to collect and 22 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 disseminate special needs registration 2 information; revising the composition of the 3 special needs shelter interagency committee; 4 requiring the inclusion of specified rules with 5 respect to special needs shelters and specified 6 minimum standards therefor; providing 7 requirements with respect to emergency 8 management plans submitted by a home health 9 agency, nurse registry, or hospice to a county 10 health department for review; removing a 11 condition of specified funding as a 12 prerequisite to the submission of such plans; 13 amending s. 252.385, F.S.; requiring the 14 Division of Emergency Management of the 15 Department of Community Affairs to prepare and 16 submit a statewide emergency shelter plan to 17 the Governor and the Cabinet for approval; 18 providing plan requirements; requiring the 19 Department of Health to assist the division in 20 determining the estimated need for special 21 needs shelter space; requiring inspection of 22 public hurricane evacuation shelter facilities 23 by local emergency management agencies prior to 24 activation of such facilities; amending s. 25 400.492, F.S.; providing that nurse registries, 26 hospices, and durable medical equipment 27 providers shall prepare and maintain a 28 comprehensive emergency management plan; 29 providing that home health, hospice, and 30 durable medical equipment provider agencies 31 shall not be required to continue to provide 23 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 care to patients in emergency situations that 2 are beyond their control and that make it 3 impossible to provide services; authorizing 4 home health agencies, nurse registries, 5 hospices, and durable medical equipment 6 providers to establish links to local emergency 7 operations centers to determine a mechanism to 8 approach areas within a disaster area in order 9 for the agency to reach its clients; providing 10 that the presentation of home care or hospice 11 clients to the special needs shelter without 12 the home health agency or hospice making a good 13 faith effort to provide services in the shelter 14 setting constitutes abandonment of the client; 15 requiring regulatory review in such cases; 16 amending s. 408.831, F.S.; providing that 17 entities regulated or licensed by the Agency 18 for Health Care Administration may exceed their 19 licensed capacity to act as a receiving 20 facility under specified circumstances; 21 providing requirements while such entities are 22 in an overcapacity status; providing for 23 issuance of an inactive license to such 24 licensees under specified conditions; providing 25 requirements and procedures with respect to the 26 issuance and reactivation of an inactive 27 license; providing fees; creating s. 252.357, 28 F.S., requiring the Florida Comprehensive 29 Emergency Management Plan to permit the Agency 30 for Health Care Administration to initially 31 contact nursing homes in disaster areas for 24 4:06 PM 04/22/05 s2616c1c-ca04-k8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2616 Barcode 365774 1 specified monitoring purposes; requiring the 2 agency to publish an emergency telephone number 3 for use by nursing homes; providing an 4 effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 25 4:06 PM 04/22/05 s2616c1c-ca04-k8j