HB 1519

1	A bill to be entitled
2	An act relating to nursing home facilities professional
3	liability insurance; amending s. 400.141, F.S.; specifying
4	criteria for determining premiums for general and
5	professional liability insurance for nursing homes;
6	providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (20) of section 400.141, Florida
11	Statutes, is amended to read:
12	400.141  Administration and management of nursing home
13	facilities.--Every licensed facility shall comply with all
14	applicable standards and rules of the agency and shall:
15	(20)(a)  Maintain general and professional liability
16	insurance coverage that is in force at all times. In lieu of
17	general and professional liability insurance coverage, a state-
18	designated teaching nursing home and its affiliated assisted
19	living facilities created under s. 430.80 may demonstrate proof
20	of financial responsibility as provided in s. 430.80(3)(h).
21	Premiums for such coverage shall be subject to s. 627.062 when
22	purchased from admitted insurers as defined under chapter 627
23	and shall be further defined by the annualized historic risk
24	levels for each licensed facility computed for each fiscal year
25	from notice of intent data filed with the agency.
26	(b)  The computation of annualized historic risk levels for
27	each licensed facility for calendar year 2007 shall be
28	determined by using the notice of intent data filed with the
29	agency for calendar years 2006, 2005, 2004, and 2003, dividing
30	the number of notices of intent filed against the licensed
31	facility during the 4-year period by the number of beds in the
32	licensed facility, multiplying the result by 1,000, and dividing
33	that result by the number of years of data used in the
34	computation. The annualized historic risk level for a facility
35	shall be classified in one of the following groups:
36	1.  Less than 2.00 per 1,000 beds.
37	2.  From 2.00 to less than 5.00 per 1,000 beds.
38	3.  From 5.00 to less than 10.00 per 1,000 beds.
39	4.  From 10.00 to less than 20.00 per 1,000 beds.
40	5.  At or more than 20.00 per 1,000 beds.
41	(c)1.  A determination of premiums to be paid shall be
42	established for a subsequent calendar year using the annualized
43	historic risk levels provided in paragraph (b).
44	2.  In each subsequent calendar year, the annualized
45	historic risk level for each licensed facility shall be
46	determined by adding the notices of intent filed against the
47	facility with the agency for the most recent calendar year to
48	the average for previous years and performing the computation
49	provided in paragraph (b).
50	3.  The premium charged each licensed facility falling into
51	a specific classification group shall be the premium
52	corresponding to the average of the annualized historic risk
53	level for the members of that group.
54	4.  Whenever the annualized historic risk level for a
55	licensed facility changes to a level within the range of
56	annualized historic risk levels for the licensed facilities in
57	the next lower classification group, that licensed facility
58	shall be assigned to such lower group and shall be charged the
59	same premium as that charged to all of the licensed facilities
60	in such lower group. Admitted insurers shall give consideration
61	to a licensed facility that remains in the same classification
62	group from year to year or improves its classification group
63	standing from one year to the next.
64
65	Facilities that have been awarded a Gold Seal under the program
66	established in s. 400.235 may develop a plan to provide
67	certified nursing assistant training as prescribed by federal
68	regulations and state rules and may apply to the agency for
69	approval of their program.
70	Section 2.  This act shall take effect July 1, 2006.

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