Senate Bill sb0430

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    Florida Senate - 2005                                   SB 430

    By Senator King





    8-286-05

  1                      A bill to be entitled

  2         An act relating to nursing; providing a short

  3         title; requiring the Agency for Workforce

  4         Innovation to establish a pilot program for the

  5         delivery of certified geriatric specialty

  6         nursing education; specifying eligibility

  7         requirements for a certified nursing assistant

  8         to obtain certification as a geriatric

  9         specialist; specifying requirements for the

10         education of a certified nursing assistant to

11         prepare for certification as a certified

12         geriatric specialist; creating a Certified

13         Geriatric Specialty Nursing Initiative Steering

14         Committee; providing for the composition of and

15         manner of appointment to the Certified

16         Geriatric Specialty Nursing Initiative Steering

17         Committee; providing responsibilities of the

18         steering committee; providing for reimbursement

19         for per diem and travel expenses; requiring the

20         Agency for Workforce Innovation to conduct or

21         contract for an evaluation of the pilot program

22         for the delivery of certified geriatric

23         specialty nursing education; requiring the

24         evaluation to include recommendations regarding

25         the expansion of the delivery of certified

26         geriatric specialty nursing education in

27         nursing homes; requiring the Agency for

28         Workforce Innovation to report to the Governor

29         and the Legislature regarding the evaluation of

30         the pilot program; requiring the agency to

31         submit periodic status reports and recommended

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 1         legislation to the Governor and the

 2         Legislature; creating s. 464.0125, F.S.;

 3         providing definitions; providing requirements

 4         for persons to become certified geriatric

 5         specialists; requiring the Board of Nursing to

 6         establish core competencies by rule; specifying

 7         fees; providing practice standards and grounds

 8         for which certified geriatric specialists may

 9         be subject to discipline by the Board of

10         Nursing; providing for articulation of

11         geriatric specialty nursing coursework and

12         practical nursing coursework; creating

13         restrictions on the use of professional nursing

14         titles; prohibiting the use of certain

15         professional titles; providing penalties;

16         authorizing approved nursing programs to

17         provide education for the preparation of

18         certified geriatric specialists without further

19         board approval; authorizing certified geriatric

20         specialists to supervise the activities of

21         others in nursing home facilities according to

22         rules by the Board of Nursing; amending s.

23         381.00315, F.S.; revising requirements for the

24         reactivation of the licenses of specified

25         health care practitioners in the event of a

26         public health emergency to include certified

27         geriatric specialists; amending s. 400.021,

28         F.S.; including services provided by a

29         certified geriatric specialist within the

30         definition of nursing service; amending s.

31         400.211, F.S.; revising requirements for

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    Florida Senate - 2005                                   SB 430
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 1         persons employed as nursing assistants to

 2         conform to the certification of certified

 3         geriatric specialists; amending s. 400.23,

 4         F.S.; specifying that certified geriatric

 5         specialists shall be considered licensed

 6         nursing staff; authorizing licensed practical

 7         nurses to supervise the activities of certified

 8         geriatric specialists in nursing home

 9         facilities according to rules adopted by the

10         Board of Nursing; amending s. 409.908, F.S.;

11         revising the methodology for reimbursement of

12         Medicaid program providers to include services

13         of certified geriatric specialists; amending s.

14         458.303, F.S.; revising exceptions to the

15         practice of medicine to include services

16         delegated to a certified geriatric specialist

17         under specified circumstances; amending s.

18         1009.65, F.S.; revising eligibility for the

19         Medical Education Reimbursement and Loan

20         Repayment Program to include certified

21         geriatric specialists; amending s. 1009.66,

22         F.S.; revising eligibility requirements for the

23         Nursing Student Loan Forgiveness Program to

24         include certified geriatric specialists;

25         providing an appropriation; amending s.

26         464.201, F.S.; defining terms; amending s.

27         464.202, F.S.; authorizing the Board of Nursing

28         to adopt rules regarding the practice and

29         supervision of certified nursing assistants;

30         providing an effective date.

31  

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

 2  

 3         Section 1.  This act may be cited as the "Clara Ramsey

 4  Care of the Elderly Act."

 5         Section 2.  Certified Geriatric Specialist Preparation

 6  Pilot Program.--

 7         (1)  The Agency for Workforce Innovation shall

 8  establish a pilot program for the delivery of geriatric

 9  nursing education to certified nursing assistants who wish to

10  become certified geriatric specialists. The agency shall

11  select two pilot sites in nursing homes that have received the

12  Gold Seal designation under section 400.235, Florida Statutes;

13  have been designated as a teaching nursing home under section

14  430.80, Florida Statutes; or have not received a class I or

15  class II deficiency within the 30 months preceding application

16  for this program.

17         (2)  To be eligible to receive geriatric nursing

18  education, a certified nursing assistant must have been

19  employed by a participating nursing home for at least 1 year

20  and must have received a high school diploma or its

21  equivalent.

22         (3)  The education shall be provided at the worksite

23  and in coordination with the certified nursing assistant's

24  work schedule.

25         (4)  Faculty shall provide the instruction under an

26  approved nursing program pursuant to section 464.019, Florida

27  Statutes.

28         (5)  The education must be designed to prepare the

29  certified nursing assistant to meet the requirements for

30  certification as a geriatric specialist. The didactic and

31  clinical education must include all portions of the practical

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 1  nursing curriculum pursuant to section 464.019, Florida

 2  Statutes, except for pediatric and obstetric/maternal-child

 3  education, and must include additional education in the care

 4  of ill, injured, or infirm geriatric patients and the

 5  maintenance of health, the prevention of injury, and the

 6  provision of palliative care for geriatric patients.

 7         Section 3.  Certified Geriatric Specialty Nursing

 8  Initiative Steering Committee.--

 9         (1)  In order to guide the implementation of the

10  Certified Geriatric Specialist Preparation Pilot Program,

11  there is created a Certified Geriatric Specialty Nursing

12  Initiative Steering Committee. The steering committee shall be

13  composed of the following members:

14         (a)  The chair of the Board of Nursing or his or her

15  designee;

16         (b)  A representative of the Agency for Workforce

17  Innovation, appointed by the director of Workforce Innovation;

18         (c)  A representative of Workforce Florida, Inc.,

19  appointed by the chair of the Board of Directors of Workforce

20  Florida, Inc.;

21         (d)  A representative of the Department of Education,

22  appointed by the Commissioner of Education;

23         (e)  A representative of the Department of Health,

24  appointed by the Secretary of Health;

25         (f)  A representative of the Agency for Health Care

26  Administration, appointed by the Secretary of Health Care

27  Administration;

28         (g)  The executive director of the Florida Center for

29  Nursing;

30         (h)  A representative of the Department of Elderly

31  Affairs, appointed by the Secretary of Elderly Affairs; and

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 1         (i)  A representative of a Gold Seal nursing home that

 2  is not one of the pilot program sites, appointed by the

 3  Secretary of Health Care Administration.

 4         (2)  The steering committee shall:

 5         (a)  Provide consultation and guidance to the Agency

 6  for Workforce Innovation on matters of policy during the

 7  implementation of the pilot program; and

 8         (b)  Provide oversight to the evaluation of the pilot

 9  program.

10         (3)  Members of the steering committee are entitled to

11  reimbursement for per diem and travel expenses under section

12  112.061, Florida Statutes.

13         (4)  The steering committee shall complete its

14  activities by June 30, 2008, and the authorization for the

15  steering committee ends on that date.

16         Section 4.  Evaluation of the Certified Geriatric

17  Specialist Preparation Pilot Program.--The Agency for

18  Workforce Innovation, in consultation with the Certified

19  Geriatric Specialty Nursing Initiative Steering Committee,

20  shall conduct or contract for an evaluation of the pilot

21  program. The agency shall ensure that an evaluation report is

22  submitted to the Governor, the President of the Senate, and

23  the Speaker of the House of Representatives by January 1,

24  2008. The evaluation must address the experience and success

25  of the certified nursing assistants in the pilot program and

26  must contain recommendations regarding the expansion of the

27  delivery of geriatric nursing education in nursing homes.

28         Section 5.  Reports.--The Agency for Workforce

29  Innovation shall submit status reports and recommendations

30  regarding legislation necessary to further the implementation

31  of the pilot program to the Governor, the President of the

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 1  Senate, and the Speaker of the House of Representatives on

 2  January 1, 2006, January 1, 2007, and January 1, 2008.

 3         Section 6.  Section 464.0125, Florida Statutes, is

 4  created to read:

 5         464.0125  Certified geriatric specialists;

 6  certification requirements.--

 7         (1)  DEFINITIONS; RESPONSIBILITIES.--

 8         (a)  As used in this section, the term:

 9         1.  "Certified geriatric specialist" means a person who

10  meets the qualifications specified in this section and who is

11  certified by the board to practice as a certified geriatric

12  specialist.

13         2.  "Geriatric patient" means any patient who is 60

14  years of age or older.

15         3.  "Practice of certified geriatric specialty nursing"

16  means the performance of selected acts in facilities licensed

17  under part II or part III of chapter 400, including the

18  administration of treatments and medications, in the care of

19  ill, injured, or infirm geriatric patients and the promotion

20  of wellness, maintenance of health, and prevention of illness

21  of geriatric patients under the direction of a registered

22  nurse, a licensed physician, a licensed osteopathic physician,

23  a licensed podiatric physician, or a licensed dentist. The

24  scope of practice of a certified geriatric specialist includes

25  the practice of practical nursing as defined in s. 464.003 for

26  geriatric patients only, except for any act in which

27  instruction and clinical knowledge of pediatric nursing or

28  obstetric/maternal-child nursing is required. A certified

29  geriatric specialist, while providing nursing services in

30  facilities licensed under part II or part III of chapter 400,

31  may supervise the activities of certified nursing assistants

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 1  and other unlicensed personnel providing services in such

 2  facilities in accordance with rules adopted by the board.

 3         (b)  The certified geriatric specialist shall be

 4  responsible and accountable for making decisions that are

 5  based upon the individual's educational preparation and

 6  experience in performing certified geriatric specialty

 7  nursing.

 8         (2)  CERTIFICATION.--

 9         (a)  Any certified nursing assistant desiring to be

10  certified as a certified geriatric specialist must apply to

11  the department and submit proof that he or she holds a current

12  certificate as a certified nursing assistant under part II of

13  this chapter and has satisfactorily completed the following

14  requirements:

15         1.  Is in good mental and physical health; is a

16  recipient of a high school diploma or its equivalent; has

17  completed the requirements for graduation from an approved

18  program for nursing or its equivalent, as determined by the

19  board, for the preparation of licensed practical nurses,

20  except for instruction and clinical knowledge of pediatric

21  nursing or obstetric/maternal-child nursing; and has completed

22  additional education in the care of ill, injured, or infirm

23  geriatric patients, the maintenance of health, the prevention

24  of injury, and the provision of palliative care for geriatric

25  patients. By September 1, 2005, the Board of Nursing shall

26  adopt rules establishing the core competencies for the

27  additional education in geriatric care. Any program that is

28  approved on July 1, 2005, by the board for the preparation of

29  registered nurses or licensed practical nurses may provide

30  education for the preparation of certified geriatric

31  specialists without further board approval.

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 1         2.  Has the ability to communicate in the English

 2  language, which may be determined by an examination given by

 3  the department.

 4         3.  Has provided sufficient information, which must be

 5  submitted by the department for a statewide criminal records

 6  correspondence check through the Department of Law

 7  Enforcement.

 8         (b)  Each applicant who meets the requirements of this

 9  subsection is, unless denied pursuant to s. 464.018, entitled

10  to certification as a certified geriatric specialist. The

11  board must certify, and the department must issue a

12  certificate to practice as a certified geriatric specialist

13  to, any certified nursing assistant who meets the

14  qualifications set forth in this section. The board shall

15  establish an application fee not to exceed $100 and a biennial

16  renewal fee not to exceed $50. The board may adopt rules to

17  administer this section.

18         (c)  A person receiving certification under this

19  section shall:

20         1.  Work only within the confines of a facility

21  licensed under part II or part III of chapter 400.

22         2.  Care for geriatric patients only.

23         3.  Comply with the minimum standards of practice for

24  nurses and be subject to disciplinary action for violations of

25  s. 464.018.

26         (3)  ARTICULATION.--Any certified geriatric specialist

27  who completes the additional instruction and coursework in an

28  approved nursing program pursuant to s. 464.019 for the

29  preparation of practical nursing in the areas of pediatric

30  nursing and obstetric/maternal-child nursing is, unless denied

31  pursuant to s. 464.018, entitled to licensure as a licensed

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 1  practical nurse if the applicant otherwise meets the

 2  requirements of s. 464.008.

 3         (4)  TITLES AND ABBREVIATIONS; RESTRICTIONS;

 4  PENALTIES.--

 5         (a)  Only persons who hold certificates to practice as

 6  certified geriatric specialists in this state or who are

 7  performing services within the practice of certified geriatric

 8  specialty nursing pursuant to the exception set forth in s.

 9  464.022(8) may use the title "Certified Geriatric Specialist"

10  and the abbreviation "C.G.S."

11         (b)  A person may not practice or advertise as, or

12  assume the title of, certified geriatric specialist or use the

13  abbreviation "C.G.S." or take any other action that would lead

14  the public to believe that person is certified as such or is

15  performing services within the practice of certified geriatric

16  specialty nursing pursuant to the exception set forth in s.

17  464.022(8), unless that person is certified to practice as

18  such.

19         (c)  A violation of this subsection is a misdemeanor of

20  the first degree, punishable as provided in s. 775.082 or s.

21  775.083.

22         (5)  VIOLATIONS AND PENALTIES.--Practicing certified

23  geriatric specialty nursing, as defined in this section,

24  without holding an active certificate to do so constitutes a

25  felony of the third degree, punishable as provided in s.

26  775.082, s. 775.083, or s. 775.084.

27         Section 7.  Paragraph (b) of subsection (1) of section

28  381.00315, Florida Statutes, is amended to read:

29         381.00315  Public health advisories; public health

30  emergencies.--The State Health Officer is responsible for

31  

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 1  declaring public health emergencies and issuing public health

 2  advisories.

 3         (1)  As used in this section, the term:

 4         (b)  "Public health emergency" means any occurrence, or

 5  threat thereof, whether natural or man made, which results or

 6  may result in substantial injury or harm to the public health

 7  from infectious disease, chemical agents, nuclear agents,

 8  biological toxins, or situations involving mass casualties or

 9  natural disasters. Prior to declaring a public health

10  emergency, the State Health Officer shall, to the extent

11  possible, consult with the Governor and shall notify the Chief

12  of Domestic Security Initiatives as created in s. 943.03. The

13  declaration of a public health emergency shall continue until

14  the State Health Officer finds that the threat or danger has

15  been dealt with to the extent that the emergency conditions no

16  longer exist and he or she terminates the declaration.

17  However, a declaration of a public health emergency may not

18  continue for longer than 60 days unless the Governor concurs

19  in the renewal of the declaration. The State Health Officer,

20  upon declaration of a public health emergency, may take

21  actions that are necessary to protect the public health. Such

22  actions include, but are not limited to:

23         1.  Directing manufacturers of prescription drugs or

24  over-the-counter drugs who are permitted under chapter 499 and

25  wholesalers of prescription drugs located in this state who

26  are permitted under chapter 499 to give priority to the

27  shipping of specified drugs to pharmacies and health care

28  providers within geographic areas that have been identified by

29  the State Health Officer. The State Health Officer must

30  identify the drugs to be shipped. Manufacturers and

31  wholesalers located in the state must respond to the State

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 1  Health Officer's priority shipping directive before shipping

 2  the specified drugs.

 3         2.  Notwithstanding chapters 465 and 499 and rules

 4  adopted thereunder, directing pharmacists employed by the

 5  department to compound bulk prescription drugs and provide

 6  these bulk prescription drugs to physicians and nurses of

 7  county health departments or any qualified person authorized

 8  by the State Health Officer for administration to persons as

 9  part of a prophylactic or treatment regimen.

10         3.  Notwithstanding s. 456.036, temporarily

11  reactivating the inactive license of the following health care

12  practitioners, when such practitioners are needed to respond

13  to the public health emergency: physicians licensed under

14  chapter 458 or chapter 459; physician assistants licensed

15  under chapter 458 or chapter 459; certified geriatric

16  specialists certified under part I of chapter 464; licensed

17  practical nurses, registered nurses, and advanced registered

18  nurse practitioners licensed under part I of chapter 464;

19  respiratory therapists licensed under part V of chapter 468;

20  and emergency medical technicians and paramedics certified

21  under part III of chapter 401. Only those health care

22  practitioners specified in this paragraph who possess an

23  unencumbered inactive license and who request that such

24  license be reactivated are eligible for reactivation. An

25  inactive license that is reactivated under this paragraph

26  shall return to inactive status when the public health

27  emergency ends or prior to the end of the public health

28  emergency if the State Health Officer determines that the

29  health care practitioner is no longer needed to provide

30  services during the public health emergency. Such licenses may

31  only be reactivated for a period not to exceed 90 days without

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 1  meeting the requirements of s. 456.036 or chapter 401, as

 2  applicable.

 3         4.  Ordering an individual to be examined, tested,

 4  vaccinated, treated, or quarantined for communicable diseases

 5  that have significant morbidity or mortality and present a

 6  severe danger to public health. Individuals who are unable or

 7  unwilling to be examined, tested, vaccinated, or treated for

 8  reasons of health, religion, or conscience may be subjected to

 9  quarantine.

10         a.  Examination, testing, vaccination, or treatment may

11  be performed by any qualified person authorized by the State

12  Health Officer.

13         b.  If the individual poses a danger to the public

14  health, the State Health Officer may subject the individual to

15  quarantine. If there is no practical method to quarantine the

16  individual, the State Health Officer may use any means

17  necessary to vaccinate or treat the individual.

18  

19  Any order of the State Health Officer given to effectuate this

20  paragraph shall be immediately enforceable by a law

21  enforcement officer under s. 381.0012.

22         Section 8.  Subsection (14) of section 400.021, Florida

23  Statutes, is amended to read:

24         400.021  Definitions.--When used in this part, unless

25  the context otherwise requires, the term:

26         (14)  "Nursing service" means such services or acts as

27  may be rendered, directly or indirectly, to and in behalf of a

28  person by individuals as defined in ss. s. 464.003 and

29  464.0125.

30         Section 9.  Subsection (1) of section 400.211, Florida

31  Statutes, is amended to read:

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 1         400.211  Persons employed as nursing assistants;

 2  certification requirement.--

 3         (1)  To serve as a nursing assistant in any nursing

 4  home, a person must be certified as a nursing assistant under

 5  part II of chapter 464, unless the person is a registered

 6  nurse, a or practical nurse, or a certified geriatric

 7  specialist certified or licensed in accordance with part I of

 8  chapter 464 or an applicant for such licensure who is

 9  permitted to practice nursing in accordance with rules adopted

10  by the Board of Nursing pursuant to part I of chapter 464.

11         Section 10.  Paragraphs (a) and (c) of subsection (3)

12  of section 400.23, Florida Statutes, are amended to read:

13         400.23  Rules; evaluation and deficiencies; licensure

14  status.--

15         (3)

16         (a)  The agency shall adopt rules providing for the

17  minimum staffing requirements for nursing homes. These

18  requirements shall include, for each nursing home facility, a

19  minimum certified nursing assistant staffing of 2.3 hours of

20  direct care per resident per day beginning January 1, 2002,

21  increasing to 2.6 hours of direct care per resident per day

22  beginning January 1, 2003, and increasing to 2.9 hours of

23  direct care per resident per day beginning July 1, 2005.

24  Beginning January 1, 2002, no facility shall staff below one

25  certified nursing assistant per 20 residents, and a minimum

26  licensed nursing staffing of 1.0 hour of direct resident care

27  per resident per day but never below one licensed nurse per 40

28  residents. For purposes of computing nursing staffing minimums

29  and ratios, certified geriatric specialists shall be

30  considered licensed nursing staff. Nursing assistants employed

31  under s. 400.211(2) may be included in computing the staffing

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 1  ratio for certified nursing assistants only if they provide

 2  nursing assistance services to residents on a full-time basis.

 3  Each nursing home must document compliance with staffing

 4  standards as required under this paragraph and post daily the

 5  names of staff on duty for the benefit of facility residents

 6  and the public. The agency shall recognize the use of licensed

 7  nurses for compliance with minimum staffing requirements for

 8  certified nursing assistants, provided that the facility

 9  otherwise meets the minimum staffing requirements for licensed

10  nurses and that the licensed nurses so recognized are

11  performing the duties of a certified nursing assistant. Unless

12  otherwise approved by the agency, licensed nurses counted

13  toward the minimum staffing requirements for certified nursing

14  assistants must exclusively perform the duties of a certified

15  nursing assistant for the entire shift and shall not also be

16  counted toward the minimum staffing requirements for licensed

17  nurses. If the agency approved a facility's request to use a

18  licensed nurse to perform both licensed nursing and certified

19  nursing assistant duties, the facility must allocate the

20  amount of staff time specifically spent on certified nursing

21  assistant duties for the purpose of documenting compliance

22  with minimum staffing requirements for certified and licensed

23  nursing staff. In no event may the hours of a licensed nurse

24  with dual job responsibilities be counted twice.

25         (c)  Licensed practical nurses licensed under chapter

26  464 who are providing nursing services in nursing home

27  facilities under this part may supervise the activities of

28  other licensed practical nurses, certified geriatric

29  specialists, certified nursing assistants, and other

30  unlicensed personnel providing services in such facilities in

31  accordance with rules adopted by the Board of Nursing.

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 1         Section 11.  Paragraph (b) of subsection (2) of section

 2  409.908, Florida Statutes, is amended to read:

 3         409.908  Reimbursement of Medicaid providers.--Subject

 4  to specific appropriations, the agency shall reimburse

 5  Medicaid providers, in accordance with state and federal law,

 6  according to methodologies set forth in the rules of the

 7  agency and in policy manuals and handbooks incorporated by

 8  reference therein.  These methodologies may include fee

 9  schedules, reimbursement methods based on cost reporting,

10  negotiated fees, competitive bidding pursuant to s. 287.057,

11  and other mechanisms the agency considers efficient and

12  effective for purchasing services or goods on behalf of

13  recipients. If a provider is reimbursed based on cost

14  reporting and submits a cost report late and that cost report

15  would have been used to set a lower reimbursement rate for a

16  rate semester, then the provider's rate for that semester

17  shall be retroactively calculated using the new cost report,

18  and full payment at the recalculated rate shall be effected

19  retroactively. Medicare-granted extensions for filing cost

20  reports, if applicable, shall also apply to Medicaid cost

21  reports. Payment for Medicaid compensable services made on

22  behalf of Medicaid eligible persons is subject to the

23  availability of moneys and any limitations or directions

24  provided for in the General Appropriations Act or chapter 216.

25  Further, nothing in this section shall be construed to prevent

26  or limit the agency from adjusting fees, reimbursement rates,

27  lengths of stay, number of visits, or number of services, or

28  making any other adjustments necessary to comply with the

29  availability of moneys and any limitations or directions

30  provided for in the General Appropriations Act, provided the

31  adjustment is consistent with legislative intent.

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 1         (2)

 2         (b)  Subject to any limitations or directions provided

 3  for in the General Appropriations Act, the agency shall

 4  establish and implement a Florida Title XIX Long-Term Care

 5  Reimbursement Plan (Medicaid) for nursing home care in order

 6  to provide care and services in conformance with the

 7  applicable state and federal laws, rules, regulations, and

 8  quality and safety standards and to ensure that individuals

 9  eligible for medical assistance have reasonable geographic

10  access to such care.

11         1.  Changes of ownership or of licensed operator do not

12  qualify for increases in reimbursement rates associated with

13  the change of ownership or of licensed operator. The agency

14  shall amend the Title XIX Long Term Care Reimbursement Plan to

15  provide that the initial nursing home reimbursement rates, for

16  the operating, patient care, and MAR components, associated

17  with related and unrelated party changes of ownership or

18  licensed operator filed on or after September 1, 2001, are

19  equivalent to the previous owner's reimbursement rate.

20         2.  The agency shall amend the long-term care

21  reimbursement plan and cost reporting system to create direct

22  care and indirect care subcomponents of the patient care

23  component of the per diem rate. These two subcomponents

24  together shall equal the patient care component of the per

25  diem rate. Separate cost-based ceilings shall be calculated

26  for each patient care subcomponent. The direct care

27  subcomponent of the per diem rate shall be limited by the

28  cost-based class ceiling, and the indirect care subcomponent

29  shall be limited by the lower of the cost-based class ceiling,

30  by the target rate class ceiling, or by the individual

31  provider target. The agency shall adjust the patient care

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 1  component effective January 1, 2002. The cost to adjust the

 2  direct care subcomponent shall be net of the total funds

 3  previously allocated for the case mix add-on. The agency shall

 4  make the required changes to the nursing home cost reporting

 5  forms to implement this requirement effective January 1, 2002.

 6         3.  The direct care subcomponent shall include salaries

 7  and benefits of direct care staff providing nursing services

 8  including registered nurses, licensed practical nurses,

 9  certified geriatric specialists certified under part I of

10  chapter 464, and certified nursing assistants who deliver care

11  directly to residents in the nursing home facility. This

12  excludes nursing administration, MDS, and care plan

13  coordinators, staff development, and staffing coordinator.

14         4.  All other patient care costs shall be included in

15  the indirect care cost subcomponent of the patient care per

16  diem rate. There shall be no costs directly or indirectly

17  allocated to the direct care subcomponent from a home office

18  or management company.

19         5.  On July 1 of each year, the agency shall report to

20  the Legislature direct and indirect care costs, including

21  average direct and indirect care costs per resident per

22  facility and direct care and indirect care salaries and

23  benefits per category of staff member per facility.

24         6.  In order to offset the cost of general and

25  professional liability insurance, the agency shall amend the

26  plan to allow for interim rate adjustments to reflect

27  increases in the cost of general or professional liability

28  insurance for nursing homes. This provision shall be

29  implemented to the extent existing appropriations are

30  available.

31  

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 1  It is the intent of the Legislature that the reimbursement

 2  plan achieve the goal of providing access to health care for

 3  nursing home residents who require large amounts of care while

 4  encouraging diversion services as an alternative to nursing

 5  home care for residents who can be served within the

 6  community. The agency shall base the establishment of any

 7  maximum rate of payment, whether overall or component, on the

 8  available moneys as provided for in the General Appropriations

 9  Act. The agency may base the maximum rate of payment on the

10  results of scientifically valid analysis and conclusions

11  derived from objective statistical data pertinent to the

12  particular maximum rate of payment.

13         Section 12.  Subsection (2) of section 458.303, Florida

14  Statutes, is amended to read:

15         458.303  Provisions not applicable to other

16  practitioners; exceptions, etc.--

17         (2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.

18  458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.

19  458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.

20  458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347

21  shall be construed to prohibit any service rendered by a

22  registered nurse, or a licensed practical nurse, or a

23  certified geriatric specialist certified under part I of

24  chapter 464, if such service is rendered under the direct

25  supervision and control of a licensed physician who provides

26  specific direction for any service to be performed and gives

27  final approval to all services performed.  Further, nothing in

28  this or any other chapter shall be construed to prohibit any

29  service rendered by a medical assistant in accordance with the

30  provisions of s. 458.3485.

31  

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 1         Section 13.  Subsection (1) and paragraph (a) of

 2  subsection (2) of section 1009.65, Florida Statutes, are

 3  amended to read:

 4         1009.65  Medical Education Reimbursement and Loan

 5  Repayment Program.--

 6         (1)  To encourage qualified medical professionals to

 7  practice in underserved locations where there are shortages of

 8  such personnel, there is established the Medical Education

 9  Reimbursement and Loan Repayment Program. The function of the

10  program is to make payments that offset loans and educational

11  expenses incurred by students for studies leading to a medical

12  or nursing degree, medical or nursing licensure, or advanced

13  registered nurse practitioner certification or physician

14  assistant licensure. The following licensed or certified

15  health care professionals are eligible to participate in this

16  program: medical doctors with primary care specialties,

17  doctors of osteopathic medicine with primary care specialties,

18  physician's assistants, certified geriatric specialists

19  certified under part I of chapter 464, licensed practical

20  nurses and registered nurses, and advanced registered nurse

21  practitioners with primary care specialties such as certified

22  nurse midwives. Primary care medical specialties for

23  physicians include obstetrics, gynecology, general and family

24  practice, internal medicine, pediatrics, and other specialties

25  which may be identified by the Department of Health.

26         (2)  From the funds available, the Department of Health

27  shall make payments to selected medical professionals as

28  follows:

29         (a)  Up to $4,000 per year for certified geriatric

30  specialists certified under part I of chapter 464, licensed

31  practical nurses, and registered nurses, up to $10,000 per

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 1  year for advanced registered nurse practitioners and

 2  physician's assistants, and up to $20,000 per year for

 3  physicians.  Penalties for noncompliance shall be the same as

 4  those in the National Health Services Corps Loan Repayment

 5  Program.  Educational expenses include costs for tuition,

 6  matriculation, registration, books, laboratory and other fees,

 7  other educational costs, and reasonable living expenses as

 8  determined by the Department of Health.

 9         Section 14.  Subsection (2) of section 1009.66, Florida

10  Statutes, is amended to read:

11         1009.66  Nursing Student Loan Forgiveness Program.--

12         (2)  To be eligible, a candidate must have graduated

13  from an accredited or approved nursing program and have

14  received a Florida license as a licensed practical nurse, a

15  certified geriatric specialist certified under part I of

16  chapter 464, or a registered nurse or a Florida certificate as

17  an advanced registered nurse practitioner.

18         Section 15.  The sum of $157,017 is appropriated from

19  the General Revenue Fund to the Agency for Workforce

20  Innovation to support the work of the Certified Geriatric

21  Specialty Nursing Initiative Steering Committee, to administer

22  the pilot sites, contract for an evaluation, and to provide,

23  if necessary, nursing faculty, substitute certified nursing

24  assistants for those who are in clinical education, and

25  technical support to the pilot sites during the 2005-2006

26  fiscal year.

27         Section 16.  Subsection (6) is added to section

28  464.201, Florida Statutes, to read:

29         464.201  Definitions.--As used in this part, the term:

30         (6)  "Practice of a certified nursing assistant" means

31  providing care and assisting persons with tasks relating to

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 1  the activities of daily living. Such tasks are those

 2  associated with personal care, maintaining mobility, nutrition

 3  and hydration, toileting and elimination, assistive devices,

 4  safety and cleanliness, data gathering, reporting abnormal

 5  signs and symptoms, postmortem care, patient socialization and

 6  reality orientation, end-of-life care, cardiopulmonary

 7  resuscitation and emergency care, residents' or patients'

 8  rights, documentation of nursing assistant services, and other

 9  tasks that a certified nurse assistant may perform after

10  training beyond that required for initial certification and

11  upon validation of competence in that skill by a registered

12  nurse. This subsection does not restrict the ability of any

13  person who is otherwise trained and educated from performing

14  such tasks.

15         Section 17.  Section 464.202, Florida Statutes, is

16  amended to read:

17         464.202  Duties and powers of the board.--The board

18  shall maintain, or contract with or approve another entity to

19  maintain, a state registry of certified nursing assistants.

20  The registry must consist of the name of each certified

21  nursing assistant in this state; other identifying information

22  defined by board rule; certification status; the effective

23  date of certification; other information required by state or

24  federal law; information regarding any crime or any abuse,

25  neglect, or exploitation as provided under chapter 435; and

26  any disciplinary action taken against the certified nursing

27  assistant. The registry shall be accessible to the public, the

28  certificateholder, employers, and other state agencies. The

29  board shall adopt by rule testing procedures for use in

30  certifying nursing assistants and shall adopt rules regulating

31  the practice of certified nursing assistants which specify the

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 1  scope of practice authorized and the level of supervision

 2  required for the practice of certified nursing assistants to

 3  enforce this part. The board may contract with or approve

 4  another entity or organization to provide the examination

 5  services, including the development and administration of

 6  examinations. The board shall require that the contract

 7  provider offer certified nursing assistant applications via

 8  the Internet, and may require the contract provider to accept

 9  certified nursing assistant applications for processing via

10  the Internet.  The board shall require the contract provider

11  to provide the preliminary results of the certified nursing

12  examination on the date the test is administered. The provider

13  shall pay all reasonable costs and expenses incurred by the

14  board in evaluating the provider's application and performance

15  during the delivery of services, including examination

16  services and procedures for maintaining the certified nursing

17  assistant registry.

18         Section 18.  This act shall take effect upon becoming a

19  law.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Creates the "Clara Ramsey Care of the Elderly Act."
      Requires the Agency for Workforce Innovation to establish
24    a pilot program for the delivery of certified geriatric
      specialty nursing education. Creates a steering
25    committee. Requires the agency to conduct or contract for
      an evaluation of the pilot program and to report to the
26    Governor and the Legislature. Includes the services
      provided by a certified geriatric specialist within the
27    definition of nursing service. Provides guidelines for
      the practice and supervision of certified geriatric
28    specialists. Provides a penalty for unlicensed practice.
      Requires the Board of Nursing to adopt rules. (See bill
29    for details.)

30  

31  

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