HB 0443

1
A bill to be entitled
2An act relating to home health services; amending s.
3400.4785, F.S.; providing requirements for training staff
4of organizations that provide companion or homemaker
5services; amending s. 400.509, F.S.; exempting
6organizations that provide certain personal care services
7from licensure; requiring organizations that provide
8personal care services to register with the Agency for
9Health Care Administration and to maintain liability
10insurance coverage; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (3) is added to section 400.4785,
15Florida Statutes, to read:
16     400.4785  Patients with Alzheimer's disease or other
17related disorders; staff training requirements; certain
18disclosures.--
19     (3)  An organization that provides companion services or
20homemaker services must provide the following staff training:
21     (a)  Newly hired personnel who will be providing direct
22care to patients must complete 2 hours of training in
23Alzheimer's disease and dementia-related disorders within 9
24months after beginning employment with the organization. This
25training must include, but is not limited to, an overview of
26dementia, a demonstration of basic skills in communicating with
27persons who have dementia, the management of problem behaviors,
28information about promoting the client's independence in
29activities of daily living, and instruction in skills for
30working with families and caregivers.
31     (b)  For certified nursing assistants, the required 2 hours
32of training shall be part of the total hours of training
33required annually.
34     (c)  The Department of Elderly Affairs, or its designee,
35must approve the required training. The department must consider
36for approval training offered in a variety of formats. The
37department shall keep a list of current providers who are
38approved to provide the 2-hour training. The department shall
39adopt rules to establish standards for the employees who are
40subject to this training, for the trainers, and for the training
41required under this subsection.
42     (d)  Upon completing the 2-hour training, the employee
43shall be issued a certificate dated and signed by the training
44provider that states that the training required under this
45subsection has been received. The certificate is evidence of
46completion of this training, and the employee is not required to
47repeat this training if the employee changes employment to a
48different organization registered under s. 400.509.
49     Section 2.  Subsection (1) of section 400.509, Florida
50Statutes, is amended, subsection (15) is renumbered as
51subsection (16), and a new subsection (15) is added to said
52section, to read:
53     400.509  Registration of particular service providers
54exempt from licensure; certificate of registration; regulation
55of registrants; liability insurance.--
56     (1)  Any organization that provides companion services or
57homemaker services, or that provides personal care services
58through employed certified nursing assistants under part II of
59chapter 464 or through employees who are trained and qualified
60in providing personal care as determined by the agency under s.
61400.497(1), and does not provide a home health service other
62than assisting a patient with bathing, dressing, toileting,
63grooming, eating, physical transfer, and those normal daily
64routines the patient could perform for himself or herself if he
65or she was physically capable to a person is exempt from
66licensure under this part. However, any organization that
67provides companion services, or homemaker services, or personal
68care services must register with the agency.
69     (15)  Any organization that provides personal care services
70must obtain and maintain liability insurance coverage as defined
71in s. 624.605(1)(b) in an amount of not less than $250,000 per
72claim and must submit proof of liability insurance coverage with
73an initial application for registration and with each annual
74application for registration renewal.
75     Section 3.  This act shall take effect July 1, 2005.


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