HB 1417CS

CHAMBER ACTION




1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to hospices; amending s. 400.601, F.S.;
8revising the definition of the term "hospice"; amending s.
9400.602, F.S.; requiring that a hospice state the year of
10initial licensure in the state; prescribing the manner and
11placement of such notification; providing an exception;
12deleting provisions authorizing the transfer of certain
13hospices and the acquisition of additional licenses;
14amending s. 400.606, F.S.; providing that the Agency for
15Health Care Administration may not deny a license to
16applicants that fail to meet certain conditions when good
17cause for such failure can be demonstrated; amending s.
18400.6105, F.S.; requiring a hospice to use trained
19volunteers and to document and report certain volunteer
20information; requiring the Office of Program Policy
21Analysis and Government Accountability to submit a report
22to the Legislature; providing legislative intent;
23requiring the Department of Elderly Affairs, in
24conjunction with the agency and all hospices licensed in
25the state, to develop certain outcome measures; providing
26for adoption of national initiatives; requiring an annual
27report; providing for severability; providing an effective
28date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subsection (3) of section 400.601, Florida
33Statutes, is amended to read:
34     400.601  Definitions.--As used in this part, the term:
35     (3)  "Hospice" means a centrally administered corporation
36not for profit, as defined in chapter 617, providing a continuum
37of palliative and supportive care for the terminally ill patient
38and his or her family.
39     Section 2.  Section 400.602, Florida Statutes, is amended
40to read:
41     400.602  Licensure required; prohibited acts; exemptions;
42display, transferability of license.--
43     (1)(a)  It is unlawful to operate or maintain a hospice
44without first obtaining a license from the agency.
45     (b)  It is unlawful for any person or legal entity not
46licensed as a hospice under this part to use the word "hospice"
47in its name, or to offer or advertise hospice services or
48hospice-like services in such a way as to mislead a person to
49believe that the offeror is a hospice licensed under this part.
50     (c)  It is unlawful for any person or legal entity
51offering, describing, or advertising hospice services or
52hospice-like services or otherwise holding itself out as a
53hospice to do so without stating the year of initial licensure
54as a hospice in the state or the year of initial licensure of
55the hospice entity or affiliate based in the state that owns the
56hospice. At a minimum, the year of initial licensure must be
57stated directly beneath the name of the licensed entity in a
58type no less than 25 percent of the size of the type used for
59the name or other indication of hospice services or hospice-like
60services and must be prominently stated at least one time on any
61document, item, or other medium offering, describing, or
62advertising hospice services or hospice-like services. This
63requirement excludes any materials relating to the care and
64treatment of an existing hospice patient.
65     (2)  Services provided by a hospital, nursing home, or
66other health care facility, health care provider, or caregiver,
67or under the Community Care for the Elderly Act, do not
68constitute a hospice unless the facility, provider, or caregiver
69establishes a separate and distinct administrative program to
70provide home, residential, and homelike inpatient hospice
71services.
72     (3)(a)  A separately licensed hospice may not use a name
73which is substantially the same as the name of another hospice
74licensed under this part.
75     (b)  A licensed hospice which intends to change its name or
76address must notify the agency at least 60 days before making
77the change.
78     (4)  The license shall be displayed in a conspicuous place
79inside the hospice program office; shall be valid only in the
80possession of the person or public agency to which it is issued;
81shall not be subject to sale, assignment, or other transfer,
82voluntary or involuntary; and shall not be valid for any hospice
83other than the hospice for which originally issued.
84     (5)  Notwithstanding s. 400.601(3), any hospice operating
85in corporate form exclusively as a hospice, incorporated on or
86before July 1, 1978, may be transferred to a for-profit or not-
87for-profit entity, and may transfer the license to that entity.
88     (6)  Notwithstanding s. 400.601(3), at any time after July
891, 1995, any entity entitled to licensure under subsection (5)
90may obtain a license for up to two additional hospices in
91accordance with the other requirements of this part and upon
92receipt of any certificate of need that may be required under
93the provisions of ss. 408.031-408.045.
94     Section 3.  Subsection (7) is added to section 400.606,
95Florida Statutes, to read:
96     400.606  License; application; renewal; conditional license
97or permit; certificate of need.--
98     (7)  The agency may deny a license to an applicant that
99fails to meet any condition for the provision of hospice care or
100services imposed by the agency on a certificate of need by final
101agency action, unless the applicant can demonstrate that good
102cause exists for the applicant's failure to meet such condition.
103     Section 4.  Subsection (4) of section 400.6105, Florida
104Statutes, is amended to read:
105     400.6105  Staffing and personnel.--
106     (4)  A hospice must maintain a trained volunteer staff for
107the purpose of providing both administrative support and direct
108patient care. A hospice must use trained volunteers who work in
109defined roles and under the supervision of a designated hospice
110employee for an amount of time that equals at least 5 percent of
111the total patient care or administrative hours provided by all
112paid hospice employees and contract staff in the aggregate. The
113hospice shall document and report the use of volunteers,
114including maintaining a record of the number of volunteers, the
115number of hours worked by each volunteer, and the tasks
116performed by each volunteer.
117     Section 5.  No later than January 1, 2010, the Office of
118Program Policy Analysis and Government Accountability shall
119submit to the President of the Senate and the Speaker of the
120House of Representatives a report analyzing the impact of for-
121profit hospices on the delivery of care to terminally ill
122patients and include in the report a review of the quality of
123care offered by for-profit hospices, changes in the competitive
124marketplace in hospice service areas, and any other information
125deemed pertinent.
126     Section 6.  To protect the citizens of the state, it is the
127intent of the Legislature that no change in law be made to the
128hospice licensure and certificate-of-need provisions until the
129year 2012 to correctly analyze and evaluate the impact of this
130act on the quality of hospice care in the state.
131     Section 7.  (1)  No later than December 31, 2007, the
132Department of Elderly Affairs, in conjunction with the Agency
133for Health Care Administration and all hospices licensed in the
134state, shall develop outcome measures to determine the quality
135and effectiveness of hospice care in the state. At a minimum,
136these outcome measures shall include a requirement that 50
137percent of patients who report severe pain on a 0-to-10 scale
138must report a reduction to 5 or less by the end of the 4th day
139of care on the hospice program.
140     (2)  The Department of Elderly Affairs, in conjunction with
141the Agency for Health Care Administration and all hospices
142licensed in the state, shall:
143     (a)  Consider and adopt national initiatives, such as those
144developed by the National Hospice and Palliative Care
145Organization, to set benchmarks for measuring the quality of
146hospice care provided in the state.
147     (b)  Develop an annual report that analyzes and evaluates
148the information collected under this act and any other data
149collection or reporting provisions of law.
150     Section 8.  If any provision of this act or its application
151to any person or circumstance is held invalid, the invalidity
152does not affect other provisions or applications of this act
153which can be given effect without the invalid provision or
154application, and to this end the provisions of this act are
155severable.
156     Section 9.  This act shall take effect July 1, 2006.


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