Senate Bill sb1284e1
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SB 1284 First Engrossed (ntc)
1 A bill to be entitled
2 An act relating to nursing home consumer
3 information; amending s. 400.191, F.S.;
4 authorizing the Agency for Health Care
5 Administration to provide electronic access to
6 inspection reports from nursing homes in lieu
7 of sending copies of the reports; requiring the
8 agency to provide certain information to
9 consumers; decreasing the number of months for
10 which reported information must be provided to
11 consumers; deleting references to the Online
12 Survey Certification and Reporting system;
13 requiring the agency to publish a Nursing Home
14 Guide Watch List in the Nursing Home Guide;
15 requiring that the watch list include certain
16 days when a facility had a conditional license;
17 requiring the agency to post a copy of the
18 Nursing Home Guide on its website; requiring
19 each nursing home facility to submit certain
20 information to the agency electronically;
21 providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 400.191, Florida Statutes, is
26 amended to read:
27 400.191 Availability, distribution, and posting of
28 reports and records.--
29 (1) The agency shall provide information to the public
30 about all of the licensed nursing home facilities operating in
31 the state. The agency shall, within 60 days after an annual
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SB 1284 First Engrossed (ntc)
1 inspection visit or within 30 days after any interim visit to
2 a facility, send copies of the inspection reports to the local
3 long-term care ombudsman council, the agency's local office,
4 and a public library or the county seat for the county in
5 which the facility is located. The agency may provide
6 electronic access to inspection reports as a substitute for
7 sending copies.
8 (2) The agency shall publish the Nursing Home Guide
9 annually provide additional information in consumer-friendly
10 printed form and quarterly in electronic form formats to
11 assist consumers and their families in comparing and
12 evaluating nursing home facilities.
13 (a) The agency shall provide an Internet site that
14 provides which shall include at least the following
15 information either directly or indirectly through a link to
16 another established site or sites of the agency's choosing:
17 1. A list by name and address of all nursing home
18 facilities in this state, including any prior name by which a
19 facility was known during the previous 24-month period.
20 2. Whether such nursing home facilities are
21 proprietary or nonproprietary.
22 3. The current owner of the facility's license and the
23 year that that entity became the owner of the license.
24 4. The name of the owner or owners of each facility
25 and whether the facility is affiliated with a company or other
26 organization owning or managing more than one nursing facility
27 in this state.
28 5. The total number of beds in each facility and the
29 most recently available occupancy levels.
30 6. The number of private and semiprivate rooms in each
31 facility.
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SB 1284 First Engrossed (ntc)
1 7. The religious affiliation, if any, of each
2 facility.
3 8. The languages spoken by the administrator and staff
4 of each facility.
5 9. Whether or not each facility accepts Medicare or
6 Medicaid recipients or insurance, health maintenance
7 organization, Veterans Administration, CHAMPUS program, or
8 workers' compensation coverage.
9 10. Recreational and other programs available at each
10 facility.
11 11. Special care units or programs offered at each
12 facility.
13 12. Whether the facility is a part of a retirement
14 community that offers other services pursuant to part III,
15 part IV, or part V.
16 13. Survey and deficiency information contained on the
17 Online Survey Certification and Reporting (OSCAR) system of
18 the federal Health Care Financing Administration, including
19 all federal and state recertification, licensure annual
20 survey, revisit, and complaint survey information, for each
21 facility for the past 30 45 months. For noncertified nursing
22 homes, state survey and deficiency information, including
23 licensure annual survey, revisit, and complaint survey
24 information for the past 30 45 months shall be provided.
25 14. A summary of the deficiency Online Survey
26 Certification and Reporting (OSCAR) data for each facility
27 over the past 30 45 months. The Such summary may include a
28 score, rating, or comparison ranking with respect to other
29 facilities based on the number of citations received by the
30 facility on recertification, licensure of annual, revisit, and
31 complaint surveys; the severity and scope of the citations;
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SB 1284 First Engrossed (ntc)
1 and the number of annual recertification surveys the facility
2 has had during the past 30 45 months. The score, rating, or
3 comparison ranking may be presented in either numeric or
4 symbolic form for the intended consumer audience.
5 (b) The agency shall provide the following information
6 in printed form:
7 1. A list by name and address of all nursing home
8 facilities in this state.
9 2. Whether the such nursing home facilities are
10 proprietary or nonproprietary.
11 3. The current owner or owners of the facility's
12 license and the year that entity became the owner of the
13 license.
14 4. The total number of beds, and of private and
15 semiprivate rooms, in each facility.
16 5. The religious affiliation, if any, of each
17 facility.
18 6. The name of the owner of each facility and whether
19 the facility is affiliated with a company or other
20 organization owning or managing more than one nursing facility
21 in this state.
22 7. The languages spoken by the administrator and staff
23 of each facility.
24 8. Whether or not each facility accepts Medicare or
25 Medicaid recipients or insurance, health maintenance
26 organization, Veterans Administration, CHAMPUS program, or
27 workers' compensation coverage.
28 9. Recreational programs, special care units, and
29 other programs available at each facility.
30 10. The Internet address for the site where more
31 detailed information can be seen.
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SB 1284 First Engrossed (ntc)
1 11. A statement advising consumers that each facility
2 will have its own policies and procedures related to
3 protecting resident property.
4 12. A summary of the deficiency Online Survey
5 Certification and Reporting (OSCAR) data for each facility
6 over the past 30 45 months. The Such summary may include a
7 score, rating, or comparison ranking with respect to other
8 facilities based on the number of citations received by the
9 facility on recertification, licensure annual, revisit, and
10 complaint surveys; the severity and scope of the citations;
11 the number of citations; and the number of annual
12 recertification surveys the facility has had during the past
13 30 45 months. The score, rating, or comparison ranking may be
14 presented in either numeric or symbolic form for the intended
15 consumer audience.
16 (c) For purposes of this subsection, references to the
17 Online Survey Certification and Reporting (OSCAR) system shall
18 refer to any future system that the Health Care Financing
19 Administration develops to replace the current OSCAR system.
20 (c)(d) The agency may provide the following additional
21 information on an Internet site or in printed form as the
22 information becomes available:
23 1. The licensure status history of each facility.
24 2. The rating history of each facility.
25 3. The regulatory history of each facility, which may
26 include federal sanctions, state sanctions, federal fines,
27 state fines, and other actions.
28 4. Whether the facility currently possesses the Gold
29 Seal designation awarded pursuant to s. 400.235.
30 5. Internet links to the Internet sites of the
31 facilities or their affiliates.
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SB 1284 First Engrossed (ntc)
1 (3) Each nursing home facility licensee shall maintain
2 as public information, available upon request, records of all
3 cost and inspection reports pertaining to that facility that
4 have been filed with, or issued by, any governmental agency.
5 Copies of the such reports shall be retained in the such
6 records for not less than 5 years following from the date the
7 reports are filed or issued.
8 (a) The agency shall quarterly publish in the Nursing
9 Home Guide a "Nursing Home Guide Watch List" to assist
10 consumers in evaluating the quality of nursing home care in
11 Florida. The watch list must identify each facility that met
12 the criteria for a conditional licensure status on any day
13 within the quarter covered by the list and each facility that
14 is was operating under bankruptcy protection on any day within
15 the quarter. The watch list must include, but is not limited
16 to, the facility's name, address, and ownership; the county in
17 which the facility operates; the license expiration date; the
18 number of licensed beds; a description of the deficiency
19 causing the facility to be placed on the list; any corrective
20 action taken; and the cumulative number of days and percentage
21 of days times the facility had a conditional license in the
22 past 30 months has been on a watch list. The watch list must
23 include a brief description regarding how to choose a nursing
24 home, the categories of licensure, the agency's inspection
25 process, an explanation of terms used in the watch list, and
26 the addresses and phone numbers of the agency's managed care
27 and health quality assurance field area offices.
28 (b) Upon publication of each Nursing Home Guide
29 quarterly watch list, the agency must post transmit a copy on
30 its website by the 15th calendar day of the second month
31 following the end of the calendar quarter. Each nursing home
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SB 1284 First Engrossed (ntc)
1 licensee must retrieve the most recent version of the Nursing
2 Home Guide from of the watch list to each nursing home
3 facility by mail and must make the watch list available on the
4 agency's Internet website.
5 (4) Any records of a nursing home facility determined
6 by the agency to be necessary and essential to establish
7 lawful compliance with any rules or standards must shall be
8 made available to the agency on the premises of the facility
9 and submitted to the agency. Each facility must submit this
10 information to the agency by electronic transmission when
11 available.
12 (5) Every nursing home facility licensee shall:
13 (a) Post, in a sufficient number of prominent
14 positions in the nursing home so as to be accessible to all
15 residents and to the general public:
16 1. A concise summary of the last inspection report
17 pertaining to the nursing home and issued by the agency, with
18 references to the page numbers of the full reports, noting any
19 deficiencies found by the agency and the actions taken by the
20 licensee to rectify the such deficiencies and indicating in
21 the such summaries where the full reports may be inspected in
22 the nursing home.
23 2. A copy of all of the pages that list the facility
24 in the most recent version of the Florida Nursing Home Guide
25 Watch List.
26 (b) Upon request, provide to any person who has
27 completed a written application with an intent to be admitted
28 to, or to any resident of, a such nursing home, or to any
29 relative, spouse, or guardian of the such person, a copy of
30 the last inspection report pertaining to the nursing home and
31 issued by the agency, provided the person requesting the
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SB 1284 First Engrossed (ntc)
1 report agrees to pay a reasonable charge to cover copying
2 costs.
3 (6) The agency may adopt rules as necessary to
4 administer this section.
5 Section 2. This act shall take effect October 1, 2006.
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