Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for CS for CS for SB 1058
                        Barcode 474314
                            CHAMBER ACTION
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       04/24/2006 01:41 PM         .                    
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11  The Committee on Ways and Means (Atwater) recommended the
12  following amendment:
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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 persons who
23  would need assistance during evacuations and sheltering
24  because of physical, mental, cognitive impairment, or sensory
25  disabilities, each local emergency management agency in the
26  state shall maintain a registry of persons with special needs
27  located within the jurisdiction of the local agency.  The
28  registration shall identify those persons in need of
29  assistance and plan for resource allocation to meet those
30  identified needs. To assist the local emergency management
31  agency in identifying such persons, home health agencies,
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 hospices, nurse registries, home medical equipment providers, 2 the Department of Children and Family Services, Department of 3 Health, Agency for Health Care Administration, Department of 4 Education, Agency for Persons with Disabilities, Labor and 5 Employment Security, and Department of Elderly Affairs shall 6 provide registration information to all of their special needs 7 clients and to all persons with special needs who receive 8 services incoming clients as a part of the intake process. The 9 registry shall be updated annually. The registration program 10 shall give persons with special needs the option of 11 preauthorizing emergency response personnel to enter their 12 homes during search and rescue operations if necessary to 13 assure their safety and welfare following disasters. 14 (2) The Department of Community Affairs shall be the 15 designated lead agency responsible for community education and 16 outreach to the public, including special needs clients, 17 regarding registration and special needs shelters and general 18 information regarding shelter stays. 19 (3) A person with special needs must be allowed to 20 bring his or her service animal into a special needs shelter 21 in accordance with s. 413.08. 22 (4)(a)(2) On or before May 1 of each year each 23 electric utility in the state shall annually notify 24 residential customers in its service area of the availability 25 of the registration program available through their local 26 emergency management agency by:. 27 1. An initial notification upon the activation of new 28 residential service with the electric utility, followed by one 29 annual notification between January 1 and May 31; or 30 2. Two separate annual notifications between January 1 31 and May 31. 2 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 (b) The notification may be made by any available 2 means, including, but not limited to, written, electronic, or 3 verbal notification, and may be made concurrently with any 4 other notification to residential customers required by law or 5 rule. 6 (5)(3) All records, data, information, correspondence, 7 and communications relating to the registration of persons 8 with special needs as provided in subsection (1) are 9 confidential and exempt from the provisions of s. 119.07(1), 10 except that such information shall be available to other 11 emergency response agencies, as determined by the local 12 emergency management director. Local law enforcement agencies 13 shall be given complete shelter roster information upon 14 request. 15 (6)(4) All appropriate agencies and community-based 16 service providers, including home health care providers, 17 hospices, nurse registries, and home medical equipment 18 providers, shall assist emergency management agencies by 19 collecting registration information for persons with special 20 needs as part of program intake processes, establishing 21 programs to increase the awareness of the registration 22 process, and educating clients about the procedures that may 23 be necessary for their safety during disasters. Clients of 24 state or federally funded service programs with physical, 25 mental, cognitive impairment, or sensory disabilities who need 26 assistance in evacuating, or when in shelters, must register 27 as persons with special needs. 28 Section 2. Section 252.3568, Florida Statutes, is 29 created to read: 30 252.3568 Emergency sheltering of persons with 31 pets.--In accordance with s. 252.35, the division shall 3 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 address strategies for the evacuation of persons with pets in 2 the shelter component of the state comprehensive emergency 3 management plan and shall include the requirement for similar 4 strategies in its standards and requirements for local 5 comprehensive emergency management plans. The Department of 6 Agriculture and Consumer Services shall assist the division in 7 determining strategies regarding this activity. 8 Section 3. Section 252.357, Florida Statutes, is 9 created to read: 10 252.357 Monitoring of nursing homes and assisted 11 living facilities during disaster.--The Florida Comprehensive 12 Emergency Management Plan shall permit the Agency for Health 13 Care Administration, working from the agency's offices or in 14 the Emergency Operations Center, ESF-8, to make initial 15 contact with each nursing home and assisted living facility in 16 the disaster area. The agency, by July 15, 2006, and annually 17 thereafter, shall publish on the Internet an emergency 18 telephone number that may be used by nursing homes and 19 assisted living facilities to contact the agency on a schedule 20 established by the agency to report requests for assistance. 21 The agency may also provide the telephone number to each 22 facility when it makes the initial facility call. 23 Section 4. Subsections (2) and (4) of section 252.385, 24 Florida Statutes, are amended to read: 25 252.385 Public shelter space.-- 26 (2)(a) The division shall administer a program to 27 survey existing schools, universities, community colleges, and 28 other state-owned, municipally owned, and county-owned public 29 buildings and any private facility that the owner, in writing, 30 agrees to provide for use as a public hurricane evacuation 31 shelter to identify those that are appropriately designed and 4 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 located to serve as such shelters. The owners of the 2 facilities must be given the opportunity to participate in the 3 surveys. The state university boards of trustees Board of 4 Regents, district school boards, community college boards of 5 trustees, and the Department of Education are responsible for 6 coordinating and implementing the survey of public schools, 7 universities, and community colleges with the division or the 8 local emergency management agency. 9 (b) By January 31 of each even-numbered year, the 10 division shall prepare and submit a statewide emergency 11 shelter plan to the Governor and Cabinet for approval, subject 12 to the requirements for approval in s. 1013.37(2). The plan 13 shall identify the general location and square footage of 14 special needs shelters, by regional planning council region, 15 during the next 5 years. The plan shall also include 16 information on the availability of shelters that accept pets. 17 The Department of Health shall assist the division in 18 determining the estimated need for special needs shelter 19 space and the adequacy of facilities to meet the needs of 20 persons with special needs based on information from the 21 registries of persons with special needs and other 22 information. 23 (4)(a) Public facilities, including schools, 24 postsecondary education facilities, and other facilities owned 25 or leased by the state or local governments, but excluding 26 hospitals, hospice care facilities, assisted living 27 facilities, and or nursing homes, which are suitable for use 28 as public hurricane evacuation shelters shall be made 29 available at the request of the local emergency management 30 agencies. The local emergency management agency shall 31 coordinate with these entities to ensure that designated 5 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 facilities are ready to activate prior to a specific hurricane 2 or disaster. Such agencies shall coordinate with the 3 appropriate school board, university, community college, or 4 local governing board when requesting the use of such 5 facilities as public hurricane evacuation shelters. 6 (b) The Department of Management Services shall 7 incorporate provisions for the use of suitable leased public 8 facilities as public hurricane evacuation shelters into lease 9 agreements for state agencies. Suitable leased public 10 facilities include leased public facilities that are solely 11 occupied by state agencies and have at least 2,000 square feet 12 of net floor area in a single room or in a combination of 13 rooms having a minimum of 400 square feet in each room. The 14 net square footage of floor area shall must be determined by 15 subtracting from the gross square footage the square footage 16 of spaces such as mechanical and electrical rooms, storage 17 rooms, open corridors, restrooms, kitchens, science or 18 computer laboratories, shop or mechanical areas, 19 administrative offices, records vaults, and crawl spaces. 20 (c) The Department of Management Services shall, in 21 consultation with local and state emergency management 22 agencies, assess Department of Management Services facilities 23 to identify the extent to which each facility has public 24 hurricane evacuation shelter space. The Department of 25 Management Services shall submit proposed facility retrofit 26 projects that incorporate hurricane protection enhancements to 27 the department for assessment and inclusion in the annual 28 report prepared in accordance with subsection (3). 29 Section 5. Section 381.0303, Florida Statutes, is 30 amended to read: 31 (Substantial rewording of section. See 6 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 s. 381.0303, F.S., for present text.) 2 381.0303 Special needs shelters.-- 3 (1) PURPOSE.--The purpose of this section is to 4 provide for the operation and closure of special needs 5 shelters and to designate the Department of Health, through 6 its county health departments, as the lead agency for 7 coordination of the recruitment of health care practitioners, 8 as defined in s. 456.001(4), to staff special needs shelters 9 in times of emergency or disaster and to provide resources to 10 the department to carry out this responsibility. However, 11 nothing in this section prohibits a county health department 12 from entering into an agreement with a local emergency 13 management agency to assume the lead responsibility for 14 recruiting health care practitioners. 15 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY 16 ASSISTANCE.--If funds have been appropriated to support 17 disaster coordinator positions in county health departments: 18 (a) The department shall assume lead responsibility 19 for the 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 special needs shelters. The local Children's 23 Medical Services offices shall assume lead responsibility for 24 the coordination of local medical and health care providers, 25 the American Red Cross, and other interested parties in 26 developing a plan for the staffing and medical management of 27 pediatric special needs shelters. Plans must conform to the 28 local comprehensive emergency management plan. 29 (b) County health departments shall, in conjunction 30 with the local emergency management agencies, have the lead 31 responsibility for coordination of the recruitment of health 7 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 care practitioners to staff local special needs shelters. 2 County health departments shall assign their employees to work 3 in special needs shelters when those employees are needed to 4 protect the health and safety of persons with special needs. 5 County governments shall assist the department with nonmedical 6 staffing and the operation of special needs shelters. The 7 local health department and emergency management agency shall 8 coordinate these efforts to ensure appropriate staffing in 9 special needs shelters. 10 (c) The appropriate county health department, 11 Children's Medical Services office, and local emergency 12 management agency shall jointly decide who has responsibility 13 for medical supervision in each special needs shelter. 14 (d) Local emergency management agencies shall be 15 responsible for the designation and operation of special needs 16 shelters during times of emergency or disaster and the closure 17 of the facilities following an emergency or disaster. The 18 local health department and emergency management agency shall 19 coordinate these efforts to ensure the appropriate designation 20 and operation of special needs shelters. County health 21 departments shall assist the local emergency management agency 22 with regard to the management of medical services in special 23 needs shelters. 24 (e) The Secretary of Elderly Affairs, or his or her 25 designee, shall convene, at any time that he or she deems 26 appropriate and necessary, a multiagency special needs shelter 27 discharge planning team to assist local areas that are 28 severely impacted by a natural or manmade disaster that 29 requires the use of special needs shelters. Multiagency 30 special needs shelter discharge planning teams shall provide 31 assistance to local emergency management agencies with the 8 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 continued operation or closure of the shelters, as well as 2 with the discharge of special needs clients to alternate 3 facilities if necessary. Local emergency management agencies 4 may request the assistance of a multiagency special needs 5 shelter discharge planning team by alerting statewide 6 emergency management officials of the necessity for additional 7 assistance in their area. The Secretary of Elderly Affairs is 8 encouraged to proactively work with other state agencies prior 9 to any natural disasters for which warnings are provided to 10 ensure that multiagency special needs shelter discharge 11 planning teams are ready to assemble and deploy rapidly upon a 12 determination by state emergency management officials that a 13 disaster area requires additional assistance. The Secretary of 14 Elderly Affairs may call upon any state agency or office to 15 provide staff to assist a multiagency special needs shelter 16 discharge planning team. Unless the secretary determines that 17 the nature or circumstances surrounding the disaster do not 18 warrant participation from a particular agency's staff, each 19 multiagency special needs shelter discharge planning team 20 shall include at least one representative from each of the 21 following state agencies: 22 1. Department of Elderly Affairs. 23 2. Department of Health. 24 3. Department of Children and Family Services. 25 4. Department of Veterans' Affairs. 26 5. Department of Community Affairs. 27 6. Agency for Health Care Administration. 28 7. Agency for Persons with Disabilities. 29 (3) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND 30 FACILITIES.-- 31 (a) The department shall upon request reimburse, in 9 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 accordance with paragraph (b): 2 1. Health care practitioners, as defined in s. 3 456.001, provided the practitioner is not providing care to a 4 patient under an existing contract, and emergency medical 5 technicians and paramedics licensed under chapter 401 for 6 medical care provided at the request of the department in 7 special needs shelters or at other locations during times of 8 emergency or a declared disaster. Reimbursement for health 9 care practitioners, except for physicians licensed under 10 chapter 458 or chapter 459, shall be based on the average 11 hourly rate that such practitioners were paid according to the 12 most recent survey of Florida hospitals conducted by the 13 Florida Hospital Association or other nationally recognized or 14 state-recognized data source. 15 2. Health care facilities, such as hospitals, nursing 16 homes, assisted living facilities, and community residential 17 homes, if, upon closure of a special needs shelter, a 18 multiagency special needs shelter discharge planning team 19 determines that it is necessary to discharge persons with 20 special needs to other health care facilities. The receiving 21 facilities are eligible for reimbursement for services 22 provided to the individuals for up to 90 days. A facility must 23 show proof of a written request from a representative of an 24 agency serving on the multiagency special needs shelter 25 discharge planning team that the individual for whom the 26 facility is seeking reimbursement for services rendered was 27 referred to that facility from a special needs shelter. The 28 department shall specify by rule which expenses are 29 reimbursable and the rate of reimbursement for each service. 30 (b) Reimbursement is subject to the availability of 31 federal funds and shall be requested on forms prepared by the 10 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 department. If a Presidential Disaster Declaration has been 2 issued, the department shall request federal reimbursement of 3 eligible expenditures. The department may not provide 4 reimbursement to facilities under this subsection for services 5 provided to a person with special needs if, during the period 6 of time in which the services were provided, the individual 7 was enrolled in another state-funded program, such as Medicaid 8 or another similar program, was covered under a policy of 9 health insurance as defined in s. 624.603, or was a member of 10 a health maintenance organization or prepaid health clinic as 11 defined in chapter 641, which would otherwise pay for the same 12 services. Travel expense and per diem costs shall be 13 reimbursed pursuant to s. 112.061. 14 (4) HEALTH CARE PRACTITIONER REGISTRY.--The department 15 may use the registries established in ss. 401.273 and 456.38 16 when health care practitioners are needed to staff special 17 needs shelters or to assist with other disaster-related 18 activities. 19 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The 20 Secretary of Health may establish a special needs shelter 21 interagency committee and serve as, or appoint a designee to 22 serve as, the committee's chair. The department shall provide 23 any necessary staff and resources to support the committee in 24 the performance of its duties. The committee shall address and 25 resolve problems related to special needs shelters not 26 addressed in the state comprehensive emergency medical plan 27 and shall consult on the planning and operation of special 28 needs shelters. 29 (a) The committee shall: 30 1. Develop, negotiate, and regularly review any 31 necessary interagency agreements. 11 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 2. Undertake other such activities as the department 2 deems necessary to facilitate the implementation of this 3 section. 4 3. Submit recommendations to the Legislature as 5 necessary. 6 (b) The special needs shelter interagency committee 7 shall be composed of representatives of emergency management, 8 health, medical, and social services organizations. Membership 9 shall include, but shall not be limited to, representatives of 10 the Departments of Health, Community Affairs, Children and 11 Family Services, Elderly Affairs, and Education; the Agency 12 for Health Care Administration; the Florida Medical 13 Association; the Florida Osteopathic Medical Association; 14 Associated Home Health Industries of Florida, Inc.; the 15 Florida Nurses Association; the Florida Health Care 16 Association; the Florida Assisted Living Affiliation; the 17 Florida Hospital Association; the Florida Statutory Teaching 18 Hospital Council; the Florida Association of Homes for the 19 Aging; the Florida Emergency Preparedness Association; the 20 American Red Cross; Florida Hospices and Palliative Care, 21 Inc.; the Association of Community Hospitals and Health 22 Systems; the Florida Association of Health Maintenance 23 Organizations; the Florida League of Health Systems; the 24 Private Care Association; the Salvation Army; the Florida 25 Association of Aging Services Providers; the AARP; and the 26 Florida Renal Coalition. 27 (c) Meetings of the committee shall be held in 28 Tallahassee, and members of the committee shall serve at the 29 expense of the agencies or organizations they represent. The 30 committee shall make every effort to use teleconference or 31 video conference capabilities in order to ensure statewide 12 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 input and participation. 2 (6) RULES.--The department has the authority to adopt 3 rules necessary to implement this section. Rules shall 4 include: 5 (a) The definition of a "person with special needs," 6 including eligibility criteria for individuals with physical, 7 mental, cognitive impairment, or sensory disabilities and the 8 services a person with special needs can expect to receive in 9 a special needs shelter. 10 (b) The process for special needs shelter health care 11 practitioners and facility reimbursement for services provided 12 in a disaster. 13 (c) Guidelines for special needs shelter staffing 14 levels to provide services. 15 (d) The definition of and standards for special needs 16 shelter supplies and equipment, including durable medical 17 equipment. 18 (e) Standards for the special needs shelter 19 registration process, including guidelines for addressing the 20 needs of unregistered persons in need of a special needs 21 shelter. 22 (f) Standards for addressing the needs of families 23 where only one dependent is eligible for admission to a 24 special needs shelter and the needs of adults with special 25 needs who are caregivers for individuals without special 26 needs. 27 (g) The requirement of the county health departments 28 to seek the participation of hospitals, nursing homes, 29 assisted living facilities, home health agencies, hospice 30 providers, nurse registries, home medical equipment providers, 31 dialysis centers, and other health and medical emergency 13 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 preparedness stakeholders in pre-event planning activities. 2 (7) EMERGENCY MANAGEMENT PLANS.--The submission of 3 emergency management plans to county health departments by 4 home health agencies, nurse registries, hospice programs, and 5 home medical equipment providers is conditional upon receipt 6 of an appropriation by the department to establish disaster 7 coordinator positions in county health departments unless the 8 secretary of the department and a local county commission 9 jointly determine to require that such plans be submitted 10 based on a determination that there is a special need to 11 protect public health in the local area during an emergency. 12 Section 6. Section 400.492, Florida Statutes, is 13 amended to read: 14 400.492 Provision of services during an 15 emergency.--Each home health agency shall prepare and maintain 16 a comprehensive emergency management plan that is consistent 17 with the standards adopted by national or state accreditation 18 organizations and consistent with the local special needs 19 plan. The plan shall be updated annually and shall provide for 20 continuing home health services during an emergency that 21 interrupts patient care or services in the patient's home. The 22 plan shall include the means by which the home health agency 23 will continue to provide staff to perform the same type and 24 quantity of services to their patients who evacuate to special 25 needs shelters that were being provided to those patients 26 prior to evacuation. The plan shall describe how the home 27 health agency establishes and maintains an effective response 28 to emergencies and disasters, including: notifying staff when 29 emergency response measures are initiated; providing for 30 communication between staff members, county health 31 departments, and local emergency management agencies, 14 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 including a backup system; identifying resources necessary to 2 continue essential care or services or referrals to other 3 organizations subject to written agreement; and prioritizing 4 and contacting patients who need continued care or services. 5 (1) Each patient record for patients who are listed in 6 the registry established pursuant to s. 252.355 shall include 7 a description of how care or services will be continued in the 8 event of an emergency or disaster. The home health agency 9 shall discuss the emergency provisions with the patient and 10 the patient's caregivers, including where and how the patient 11 is to evacuate, procedures for notifying the home health 12 agency in the event that the patient evacuates to a location 13 other than the shelter identified in the patient record, and a 14 list of medications and equipment which must either accompany 15 the patient or will be needed by the patient in the event of 16 an evacuation. 17 (2) Each home health agency shall maintain a current 18 prioritized list of patients who need continued services 19 during an emergency. The list shall indicate how services 20 shall be continued in the event of an emergency or disaster 21 for each patient and if the patient is to be transported to a 22 special needs shelter, and shall indicate if the patient is 23 receiving skilled nursing services and the patient's 24 medication and equipment needs. The list shall be furnished to 25 county health departments and to local emergency management 26 agencies, upon request. 27 (3) Home health agencies shall not be required to 28 continue to provide care to patients in emergency situations 29 that are beyond their control and that make it impossible to 30 provide services, such as when roads are impassable or when 31 patients do not go to the location specified in their patient 15 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 records. Home health agencies may establish links to local 2 emergency operations centers to determine a mechanism by which 3 to approach specific areas within a disaster area in order for 4 the agency to reach its clients. Home health agencies shall 5 demonstrate a good faith effort to comply with the 6 requirements of this subsection by documenting attempts of 7 staff to follow procedures outlined in the home health 8 agency's comprehensive emergency management plan, and by the 9 patient's record, which support a finding that the provision 10 of continuing care has been attempted for those patients who 11 have been identified as needing care by the home health agency 12 and registered under s. 252.355, in the event of an emergency 13 or disaster under subsection (1). 14 (4) Notwithstanding the provisions of s. 400.464(2) or 15 any other provision of law to the contrary, a home health 16 agency may provide services in a special needs shelter located 17 in any county. 18 Section 7. Subsection (8) of section 400.497, Florida 19 Statutes, is amended to read: 20 400.497 Rules establishing minimum standards.--The 21 agency shall adopt, publish, and enforce rules to implement 22 this part, including, as applicable, ss. 400.506 and 400.509, 23 which must provide reasonable and fair minimum standards 24 relating to: 25 (8) Preparation of a comprehensive emergency 26 management plan pursuant to s. 400.492. 27 (a) The Agency for Health Care Administration shall 28 adopt rules establishing minimum criteria for the plan and 29 plan updates, with the concurrence of the Department of Health 30 and in consultation with the Department of Community Affairs. 31 (b) The rules must address the requirements in s. 16 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 400.492. In addition, the rules shall provide for the 2 maintenance of patient-specific medication lists that can 3 accompany patients who are transported from their homes. 4 (c) The plan is subject to review and approval by the 5 county health department. During its review, the county health 6 department shall contact state and local health and medical 7 stakeholder when necessary. ensure that the following 8 agencies, at a minimum, are given the opportunity to review 9 the plan: 10 1. The local emergency management agency. 11 2. The Agency for Health Care Administration. 12 3. The local chapter of the American Red Cross or 13 other lead sheltering agency. 14 4. The district office of the Department of Children 15 and Family Services. 16 17 The county health department shall complete its review to 18 ensure that the plan is in accordance with the criteria in the 19 Agency for Health Care Administration rules within 90 60 days 20 after receipt of the plan and shall either approve the plan or 21 advise the home health agency of necessary revisions. If the 22 home health agency fails to submit a plan or fails to submit 23 the requested information or revisions to the county health 24 department within 30 days after written notification from the 25 county health department, the county health department shall 26 notify the Agency for Health Care Administration. The agency 27 shall notify the home health agency that its failure 28 constitutes a deficiency, subject to a fine of $5,000 per 29 occurrence. If the plan is not submitted, information is not 30 provided, or revisions are not made as requested, the agency 31 may impose the fine. 17 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 (d) For any home health agency that operates in more 2 than one county, the Department of Health shall review the 3 plan, after consulting with state and local health and medical 4 stakeholders when necessary all of the county health 5 departments, the agency, and all the local chapters of the 6 American Red Cross or other lead sheltering agencies in the 7 areas of operation for that particular home health agency. The 8 department of Health shall complete its review within 90 days 9 after receipt of the plan and shall either approve the plan or 10 advise the home health agency of necessary revisions. The 11 department of Health shall make every effort to avoid imposing 12 differing requirements on a home health agency that operates 13 in more than one county as a result of differing or 14 conflicting comprehensive plan requirements of the based on 15 differences between counties in which on the home health 16 agency operates. 17 (e) The requirements in this subsection do not apply 18 to: 19 1. A facility that is certified under chapter 651 and 20 has a licensed home health agency used exclusively by 21 residents of the facility; or 22 2. A retirement community that consists of residential 23 units for independent living and either a licensed nursing 24 home or an assisted living facility, and has a licensed home 25 health agency used exclusively by the residents of the 26 retirement community, provided the comprehensive emergency 27 management plan for the facility or retirement community 28 provides for continuous care of all residents with special 29 needs during an emergency. 30 Section 8. Subsection (16) of section 400.506, Florida 31 Statutes, is amended to read: 18 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 400.506 Licensure of nurse registries; requirements; 2 penalties.-- 3 (16) Each nurse registry shall prepare and maintain a 4 comprehensive emergency management plan that is consistent 5 with the criteria in this subsection and with the local 6 special needs plan. The plan shall be updated annually. The 7 plan shall include the means by which the nurse registry will 8 continue to provide the same type and quantity of services to 9 its patients who evacuate to special needs shelters which were 10 being provided to those patients prior to evacuation. The plan 11 shall specify how the nurse registry shall facilitate the 12 provision of continuous care by persons referred for contract 13 to persons who are registered pursuant to s. 252.355 during an 14 emergency that interrupts the provision of care or services in 15 private residencies. Nurse registries may establish links to 16 local emergency operations centers to determine a mechanism by 17 which to approach specific areas within a disaster area in 18 order for a provider to reach its clients. Nurse registries 19 shall demonstrate a good-faith effort to comply with the 20 requirements of this subsection by documenting attempts of 21 staff to follow procedures outlined in the nurse registry's 22 comprehensive emergency management plan which support a 23 finding that the provision of continuing care has been 24 attempted for patients identified as needing care by the nurse 25 registry and registered under s. 252.355 in the event of an 26 emergency under s. 400.506(1). 27 (a) All persons referred for contract who care for 28 persons registered pursuant to s. 252.355 must include in the 29 patient record a description of how care will be continued 30 during a disaster or emergency that interrupts the provision 31 of care in the patient's home. It shall be the responsibility 19 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 of the person referred for contract to ensure that continuous 2 care is provided. 3 (b) Each nurse registry shall maintain a current 4 prioritized list of patients in private residences who are 5 registered pursuant to s. 252.355 and are under the care of 6 persons referred for contract and who need continued services 7 during an emergency. This list shall indicate, for each 8 patient, if the client is to be transported to a special needs 9 shelter and if the patient is receiving skilled nursing 10 services. Nurse registries shall make this list available to 11 county health departments and to local emergency management 12 agencies upon request. 13 (c) Each person referred for contract who is caring 14 for a patient who is registered pursuant to s. 252.355 shall 15 provide a list of the patient's medication and equipment needs 16 to the nurse registry. Each person referred for contract shall 17 make this information available to county health departments 18 and to local emergency management agencies upon request. 19 (d) Each person referred for contract shall not be 20 required to continue to provide care to patients in emergency 21 situations that are beyond the person's control and that make 22 it impossible to provide services, such as when roads are 23 impassable or when patients do not go to the location 24 specified in their patient records. 25 (e) The comprehensive emergency management plan 26 required by this subsection is subject to review and approval 27 by the county health department. During its review, the county 28 health department shall contact state and local health and 29 medical stakeholders when necessary ensure that, at a minimum, 30 the local emergency management agency, the Agency for Health 31 Care Administration, and the local chapter of the American Red 20 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 Cross or other lead sheltering agency are given the 2 opportunity to review the plan. The county health department 3 shall complete its review to ensure that the plan complies 4 with the criteria in the Agency for Health Care Administration 5 rules within 90 60 days after receipt of the plan and shall 6 either approve the plan or advise the nurse registry of 7 necessary revisions. If a nurse registry fails to submit a 8 plan or fails to submit requested information or revisions to 9 the county health department within 30 days after written 10 notification from the county health department, the county 11 health department shall notify the Agency for Health Care 12 Administration. The agency shall notify the nurse registry 13 that its failure constitutes a deficiency, subject to a fine 14 of $5,000 per occurrence. If the plan is not submitted, 15 information is not provided, or revisions are not made as 16 requested, the agency may impose the fine. 17 (f) The Agency for Health Care Administration shall 18 adopt rules establishing minimum criteria for the 19 comprehensive emergency management plan and plan updates 20 required by this subsection, with the concurrence of the 21 Department of Health and in consultation with the Department 22 of Community Affairs. 23 Section 9. Subsection (1) of section 400.610, Florida 24 Statutes, is amended to read: 25 400.610 Administration and management of a hospice.-- 26 (1) A hospice shall have a clearly defined organized 27 governing body, consisting of a minimum of seven persons who 28 are representative of the general population of the community 29 served. The governing body shall have autonomous authority and 30 responsibility for the operation of the hospice and shall meet 31 at least quarterly. The governing body shall: 21 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 (a) Adopt an annual plan for the operation of the 2 hospice, which shall include a plan for providing for 3 uncompensated care and philanthropic community activities. 4 (b)1. Prepare and maintain a comprehensive emergency 5 management plan that provides for continuing hospice services 6 in the event of an emergency that is consistent with local 7 special needs plans. The plan shall include provisions for 8 ensuring continuing care to hospice patients who go to special 9 needs shelters. The plan shall include the means by which the 10 hospice provider will continue to provide staff to provide the 11 same type and quantity of services to their patients who 12 evacuate to special needs shelters which were being provided 13 to those patients prior to evacuation. The plan is subject to 14 review and approval by the county health department, except as 15 provided in subparagraph 2. During its review, the county 16 health department shall contact state and local health and 17 medical stakeholders when necessary ensure that the 18 department, the agency, and the local chapter of the American 19 Red Cross or other lead sheltering agency have an opportunity 20 to review and comment on the plan. The county health 21 department shall complete its review to ensure that the plan 22 complies with criteria in rules of the Department of Elderly 23 Affairs within 90 60 days after receipt of the plan and shall 24 either approve the plan or advise the hospice of necessary 25 revisions. Hospice providers may establish links to local 26 emergency operations centers to determine a mechanism by which 27 to approach specific areas within a disaster area in order for 28 the provider to reach its clients. A hospice shall demonstrate 29 a good-faith effort to comply with the requirements of this 30 paragraph by documenting attempts of staff to follow 31 procedures as outlined in the hospice's comprehensive 22 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 emergency management plan and to provide continuing care for 2 those hospice clients who have been identified as needing 3 alternative caregiver services in the event of an emergency. 4 2. For any hospice that operates in more than one 5 county, the Department of Health during its review shall 6 contact state and local health and medical stakeholders when 7 necessary review the plan, after consulting with all of the 8 county health departments, the agency, and all the local 9 chapters of the American Red Cross or other lead sheltering 10 agency in the areas of operation for that particular hospice. 11 The Department of Health shall complete its review to ensure 12 that the plan complies with criteria in rules of the 13 Department of Elderly Affairs within 90 days after receipt of 14 the plan and shall either approve the plan or advise the 15 hospice of necessary revisions. The Department of Health shall 16 make every effort to avoid imposing on the hospice differing 17 requirements on a hospice that operates in more than one 18 county as a result of differing or conflicting comprehensive 19 plan requirements of the based on differences between counties 20 in which the hospice operates. 21 (c) Adopt an annual budget. 22 (d) Appoint a director who shall be responsible for 23 the day-to-day management and operation of the hospice and who 24 shall serve as the liaison between the governing body and the 25 hospice staff. 26 (e) Undertake such additional activities as necessary 27 to ensure that the hospice is complying with the requirements 28 for hospice services as set forth in this part. 29 Section 10. Present subsections (13) through (16) of 30 section 400.925, Florida Statutes, are redesignated as 31 subsections (14) through (17) respectively, and a new 23 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 subsection (13) is added to that section, to read: 2 400.925 Definitions.--As used in this part, the term: 3 (13) "Life-supporting or life-sustaining equipment" 4 means a device that is essential to, or that yields 5 information that is essential to, the restoration or 6 continuation of a bodily function important to the 7 continuation of human life. Life- supporting or 8 life-sustaining equipment includes apnea monitors, enteral 9 feeding pumps, infusion pumps, portable home dialysis 10 equipment, and ventilator equipment and supplies for all 11 related equipment, including oxygen equipment and related 12 respiratory equipment. 13 Section 11. Subsections (20), (21), and (22) are added 14 to section 400.934, Florida Statutes, to read: 15 400.934 Minimum standards.--As a requirement of 16 licensure, home medical equipment providers shall: 17 (20)(a) Prepare and maintain a comprehensive emergency 18 management plan that meets minimum criteria established by 19 agency rule under s. 400.935. The plan shall be updated 20 annually and shall provide for continuing home medical 21 equipment services for life-supporting or life-sustaining 22 equipment, as defined in 400.925, during an emergency that 23 interrupts home medical equipment services in a patient's 24 home. The plan shall include: 25 1. The means by which the home medical equipment 26 provider will continue to provide equipment to perform the 27 same type and quantity of services to its patients who 28 evacuate to special needs shelters which were being provided 29 to those patients prior to evacuation. 30 2. The means by which the home medical equipment 31 provider establishes and maintains an effective response to 24 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 emergencies and disasters, including plans for: 2 a. Notification of staff when emergency response 3 measures are initiated. 4 b. Communication between staff members, county health 5 departments, and local emergency management agencies, which 6 includes provisions for a backup communications system. 7 c. Identification of resources necessary to continue 8 essential care or services or referrals to other organizations 9 subject to written agreement. 10 d. Contacting and prioritizing patients in need of 11 continued medical equipment services and supplies. 12 (b) The plan is subject to review and approval by the 13 county health department. During its review, the county health 14 department shall contact state and local health and medical 15 stakeholders when necessary. The county health department 16 shall complete its review to ensure that the plan is in 17 accordance with the criteria in the Agency for Health Care 18 Administration rules within 90 days after receipt of the plan. 19 If a home medical equipment provider fails to submit a plan or 20 fails to submit requested information or revisions to the 21 county health department within 30 days after written 22 notification from the county health department, the county 23 health department shall notify the Agency for Health Care 24 Administration. The agency shall notify the home medical 25 equipment provider that such failure constitutes a deficiency, 26 subject to a fine of $5,000 per occurrence. If the plan is not 27 submitted, information is not provided, or revisions are not 28 made as requested, the agency may impose the fine. 29 (21) Each home medical equipment provider shall 30 maintain a current prioritized list of patients who need 31 continued services during an emergency. The list shall 25 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 indicate the means by which services shall be continued for 2 each patient in the event of an emergency or disaster, whether 3 the patient is to be transported to a special needs shelter, 4 and whether the patient has life-supporting or life-sustaining 5 equipment, including the specific type of equipment and 6 related supplies. The list shall be furnished to county health 7 departments and local emergency management agencies upon 8 request. 9 (22) Home medical equipment providers may establish 10 links to local emergency operations centers to determine a 11 mechanism by which to approach specific areas within a 12 disaster area in order for the provider to reach its patients. 13 Section 12. Subsection (11) is added to section 14 400.935, Florida Statutes, to read: 15 400.935 Rules establishing minimum standards.--The 16 agency shall adopt, publish, and enforce rules to implement 17 this part, which must provide reasonable and fair minimum 18 standards relating to: 19 (11) Preparation of the comprehensive emergency 20 management plan under s. 400.934 and the establishment of 21 minimum criteria for the plan, including the maintenance of 22 patient equipment and supply lists that can accompany patients 23 who are transported from their homes. Such rules shall be 24 formulated in consultation with the Department of Health and 25 the Department of Community Affairs. 26 Section 13. Section 408.831, Florida Statutes, is 27 amended to read: 28 408.831 Denial, suspension, or revocation of a 29 license, registration, certificate, or application.-- 30 (1) In addition to any other remedies provided by law, 31 the agency may deny each application or suspend or revoke each 26 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 license, registration, or certificate of entities regulated or 2 licensed by it: 3 (a) If the applicant, licensee, registrant, or 4 certificateholder, or, in the case of a corporation, 5 partnership, or other business entity, if any officer, 6 director, agent, or managing employee of that business entity 7 or any affiliated person, partner, or shareholder having an 8 ownership interest equal to 5 percent or greater in that 9 business entity, has failed to pay all outstanding fines, 10 liens, or overpayments assessed by final order of the agency 11 or final order of the Centers for Medicare and Medicaid 12 Services, not subject to further appeal, unless a repayment 13 plan is approved by the agency; or 14 (b) For failure to comply with any repayment plan. 15 (2) In reviewing any application requesting a change 16 of ownership or change of the licensee, registrant, or 17 certificateholder, the transferor shall, prior to agency 18 approval of the change, repay or make arrangements to repay 19 any amounts owed to the agency. Should the transferor fail to 20 repay or make arrangements to repay the amounts owed to the 21 agency, the issuance of a license, registration, or 22 certificate to the transferee shall be delayed until repayment 23 or until arrangements for repayment are made. 24 (3) An entity subject to this section may exceed its 25 licensed capacity to act as a receiving facility in accordance 26 with an emergency operations plan for clients of evacuating 27 providers from a geographic area where an evacuation order has 28 been issued by a local authority having jurisdiction. While in 29 an overcapacity status, each provider must furnish or arrange 30 for appropriate care and services to all clients. In addition, 31 the agency may approve requests for overcapacity beyond 15 27 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 days, which approvals may be based upon satisfactory 2 justification and need as provided by the receiving and 3 sending facilities. 4 (4)(a) 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 if the provider: 8 1. Suffered damage to its operation during that state 9 of emergency. 10 2. Is currently licensed. 11 3. Does not have a provisional license. 12 4. Will be temporarily unable to provide services but 13 is reasonably expected to resume services within 12 months. 14 (b) An inactive license may be issued for a period not 15 to exceed 12 months but may be renewed by the agency for up to 16 12 additional months upon demonstration to the agency of 17 progress toward reopening. A request by a licensee for an 18 inactive license or to extend the previously approved inactive 19 period must be submitted in writing to the agency, accompanied 20 by written justification for the inactive license, which 21 states the beginning and ending dates of inactivity and 22 includes a plan for the transfer of any clients to other 23 providers and appropriate licensure fees. Upon agency 24 approval, the licensee shall notify clients of any necessary 25 discharge or transfer as required by authorizing statutes or 26 applicable rules. The beginning of the inactive licensure 27 period shall be the date the provider ceases operations. The 28 end of the inactive period shall become the licensee 29 expiration date, and all licensure fees must be current, paid 30 in full, and may be prorated. Reactivation of an inactive 31 license requires the prior approval by the agency of a renewal 28 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 application, including payment of licensure fees and agency 2 inspections indicating compliance with all requirements of 3 this part and applicable rules and statutes. 4 (5)(3) This section provides standards of enforcement 5 applicable to all entities licensed or regulated by the Agency 6 for Health Care Administration. This section controls over any 7 conflicting provisions of chapters 39, 381, 383, 390, 391, 8 393, 394, 395, 400, 408, 468, 483, and 641 or rules adopted 9 pursuant to those chapters. 10 Section 14. Emergency preparedness-prescription 11 medication refills.--All health insurers, managed care 12 organizations, and other entities that are licensed by the 13 Office of Insurance Regulation and provide prescription 14 medication coverage as part of a policy or contract shall 15 waive time restrictions on prescription medication refills, 16 which includes suspension of electronic "refill too soon" 17 edits to pharmacies, to enable insureds or subscribers to 18 refill prescriptions in advance, if there are authorized 19 refills remaining, and shall authorize payment to pharmacies 20 for at least a thirty day supply of any prescription 21 medication, regardless of the date upon which the prescription 22 had most recently been filled by a pharmacist, when the 23 following conditions occur: 24 (1) The person seeking the prescription medication 25 refill resides in a county that: 26 (a) Is under a hurricane warning issued by the 27 National Weather Service; 28 (b) Is declared to be under a state of emergency in an 29 executive order issued by the Governor; or 30 (c) Has activated its emergency operations center and 31 its emergency management plan. 29 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 (2) The prescription medication refill is requested 2 within 30 days after the origination date of the conditions 3 stated in this section or until such conditions are terminated 4 by the issuing authority or no longer exists. The time period 5 for the waiver of prescription medication refills may be 6 extended in 15- or 30-day increments by emergency orders 7 issued by the Office of Insurance Regulation. 8 9 This section does not excuse or exempt an insured or 10 subscriber from compliance with all other terms of the policy 11 or contract providing prescription medication coverage. 12 Section 15. This act shall take effect July 1, 2006. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to emergency management; 22 amending s. 252.355, F.S.; specifying 23 additional entities and agencies that are 24 required to provide registration information to 25 persons with disabilities or special needs for 26 purposes of inclusion within the registry of 27 persons with special needs maintained by local 28 emergency management agencies; providing that 29 the Department of Community Affairs is the 30 designated lead agency responsible for 31 community education and outreach to the general 30 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 public, including persons with special needs, 2 regarding registration as a person with special 3 needs, special needs shelters, and general 4 information regarding shelter stays; providing 5 that special needs shelters must allow persons 6 with special needs to bring service animals 7 into special needs shelters; revising 8 provisions with respect to the required 9 notification of residential utility customers 10 of the availability of the special needs 11 registration program; providing that specified 12 confidential and exempt information relating to 13 the roster of persons with special needs in 14 special needs shelters be provided to local law 15 enforcement; creating s. 252.3568, F.S.; 16 requiring the Division of Emergency Management 17 to address strategies for the evacuation of 18 persons with pets in the shelter component of 19 the state comprehensive emergency management 20 plan; creating s. 252.357, F.S.; requiring the 21 Florida Comprehensive Emergency Management Plan 22 to permit the Agency for Health Care 23 Administration to make initial contact with 24 each nursing home and assisted living facility 25 in a disaster area; requiring the agency to 26 annually publish an emergency telephone number 27 that may be used by nursing homes and assisted 28 living facilities to contact the agency; 29 amending s. 252.385, F.S., relating to public 30 shelter space; requiring the Division of 31 Emergency Management of the Department of 31 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 Community Affairs to biennially prepare and 2 submit a statewide emergency shelter plan to 3 the Governor and the Cabinet for approval; 4 providing plan requirements; requiring the 5 Department of Health to provide specified 6 assistance to the division; revising the list 7 of those facilities that are excluded as being 8 suitable for use as public hurricane evacuation 9 shelters; requiring local emergency management 10 agencies to coordinate with public facilities 11 to determine readiness prior to activation; 12 amending s. 381.0303, F.S.; providing for the 13 operation of special needs shelters; providing 14 that local Children's Medical Services offices 15 shall assume lead responsibility for specified 16 coordination with respect to the development of 17 a plan for the staffing and medical management 18 of pediatric special needs shelters; requiring 19 that such plans conform to the local 20 comprehensive emergency management plan; 21 requiring county governments to assist the 22 Department of Health with nonmedical staffing 23 and operation of special needs shelters; 24 requiring county health departments and 25 emergency management agencies to coordinate 26 such efforts to ensure appropriate staffing; 27 providing that the appropriate county health 28 department, Children's Medical Services office, 29 and local emergency management agency shall 30 jointly determine the responsibility for 31 medical supervision in a special needs shelter; 32 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 providing notification requirements; requiring 2 the emergency management agency and the local 3 health department to coordinate efforts to 4 ensure appropriate designation, operation, and 5 closure of special needs shelters; requiring 6 the Secretary of Elderly Affairs to convene 7 multiagency special needs shelter discharge 8 planning teams to assist local areas that are 9 severely impacted by a natural or manmade 10 disaster that requires the use of special needs 11 shelters; providing duties and responsibilities 12 of such discharge planning teams; providing for 13 the inclusion of specified state agency 14 representatives on each discharge planning 15 team; revising provisions relating to 16 reimbursement of health care practitioners; 17 providing for eligibility of specified health 18 care facilities for reimbursement when a 19 multiagency special needs shelter discharge 20 planning team discharges persons with special 21 needs to such receiving facilities; providing 22 procedures and requirements with respect to 23 such reimbursement; requiring the department to 24 specify by rule expenses that are reimbursable 25 and the rate of reimbursement for services; 26 revising provisions that prescribe means of and 27 procedures for reimbursement; disallowing 28 specified reimbursements; revising provisions 29 with respect to the organization, role, duties, 30 and composition of the special needs shelter 31 interagency committee; requiring the department 33 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 to adopt specified rules with respect to 2 special needs shelters; amending ss. 400.492, 3 400.497, 400.506, 400.610, and 400.934, F.S.; 4 revising requirements with respect to the 5 comprehensive emergency management plans of 6 home health agencies, nurse registries, and 7 hospices, and providing requirements with 8 respect to home medical equipment providers, to 9 include the means by which continuing services 10 will be provided to patients who evacuate to 11 special needs shelters; authorizing the 12 establishment of links to local emergency 13 operations centers for specified purposes; 14 revising requirements of a county health 15 department with respect to review of a 16 comprehensive emergency management plan 17 submitted by a home health agency, nurse 18 registry, or hospice; providing requirements 19 upon failure to submit a plan or requested 20 information to the department; providing for 21 imposition of a fine; revising requirements of 22 the Department of Health with respect to review 23 of the plan of a home health agency or hospice 24 that operates in more than one county; 25 providing that the preparation and maintenance 26 of a comprehensive emergency management plan by 27 a home medical equipment provider is a 28 requirement for licensure and must meet minimum 29 criteria established by the Agency for Health 30 Care Administration; providing plan 31 requirements; providing that the plan is 34 12:57 PM 04/21/06 s1058c4d-wm25-c8b
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for CS for CS for SB 1058 Barcode 474314 1 subject to review and approval by the county 2 health department; requiring each home medical 3 equipment provider to maintain a current 4 prioritized list of patients who need continued 5 services during an emergency; amending s. 6 400.925, F.S.; defining "life-supporting or 7 life-sustaining equipment" for purposes of part 8 X of ch. 400, F.S., relating to home medical 9 equipment providers; amending s. 400.935, F.S.; 10 requiring the Agency for Health Care 11 Administration to adopt rules with respect to 12 the comprehensive emergency management plan 13 prepared by a home medical equipment services 14 provider; amending s. 408.831, F.S.; providing 15 that entities regulated or licensed by the 16 Agency for Health Care Administration may 17 exceed their licensed capacity to act as 18 receiving facilities under specified 19 circumstances; providing requirements while 20 such entities are in an overcapacity status; 21 providing for issuance of an inactive license 22 to such licensees under specified conditions; 23 providing requirements and procedures with 24 respect to the issuance and reactivation of an 25 inactive license; providing fees; requiring 26 certain health insurance companies to waive 27 restrictions on filling prescriptions during a 28 declared State of Emergency; providing an 29 effective date. 30 31 35 12:57 PM 04/21/06 s1058c4d-wm25-c8b