Senate Bill sb1548c1

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    Florida Senate - 2006                           CS for SB 1548

    By the Committee on Health Care; and Senator Atwater





    587-2185-06

  1                      A bill to be entitled

  2         An act relating to hospices; amending s.

  3         400.601, F.S.; revising the definition of the

  4         term "hospice"; amending s. 400.602, F.S.;

  5         requiring that a hospice state the year of

  6         initial licensure in the state; prescribing the

  7         manner and placement of such notification;

  8         deleting provisions authorizing the transfer of

  9         certain hospices and the acquisition of

10         additional licenses; amending s. 400.606, F.S.;

11         requiring the Agency for Health Care

12         Administration to deny a license or renewal of

13         a license to hospices that fail to meet certain

14         conditions; amending s. 400.6105, F.S.;

15         requiring a hospice to use trained volunteers

16         and to document and report certain volunteer

17         information; requiring the Office of Program

18         Policy Analysis and Government Accountability

19         to submit a report to the Legislature;

20         providing legislative intent; providing that

21         the Department of Elderly Affairs, in

22         conjunction with the agency and all hospices

23         licensed in the state, develop certain outcome

24         measures; providing for adoption of national

25         initiatives; requiring an annual report;

26         providing for severability; providing an

27         effective date.

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29  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2006                           CS for SB 1548
    587-2185-06




 1         Section 1.  Subsection (3) of section 400.601, Florida

 2  Statutes, is amended to read:

 3         400.601  Definitions.--As used in this part, the term:

 4         (3)  "Hospice" means a centrally administered

 5  corporation not for profit, as defined in chapter 617,

 6  providing a continuum of palliative and supportive care for

 7  the terminally ill patient and his or her family.

 8         Section 2.  Section 400.602, Florida Statutes, is

 9  amended to read:

10         400.602  Licensure required; prohibited acts;

11  exemptions; display, transferability of license.--

12         (1)(a)  It is unlawful to operate or maintain a hospice

13  without first obtaining a license from the agency.

14         (b)  It is unlawful for any person or legal entity not

15  licensed as a hospice under this part to use the word

16  "hospice" in its name, or to offer or advertise hospice

17  services or hospice-like services in such a way as to mislead

18  a person to believe that the offeror is a hospice licensed

19  under this part.

20         (c)  It is unlawful for any person or legal entity

21  offering, describing, or advertising hospice services or

22  hospice-like services or otherwise holding itself out as a

23  hospice to do so without stating the year of initial licensure

24  as a hospice in the state or the year of initial licensure of

25  the hospice entity or affiliate based in the state that owns

26  the hospice. At a minimum, the year of initial licensure must

27  be stated directly beneath the name of the licensed entity in

28  a type no less than 25 percent of the size of the type used

29  for the name or other indication of hospice services or

30  hospice-like services and must be prominently stated at least

31  one time on any document, item, or other medium offering,

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    Florida Senate - 2006                           CS for SB 1548
    587-2185-06




 1  describing, or advertising hospice services or hospice-like

 2  services.

 3         (2)  Services provided by a hospital, nursing home, or

 4  other health care facility, health care provider, or

 5  caregiver, or under the Community Care for the Elderly Act, do

 6  not constitute a hospice unless the facility, provider, or

 7  caregiver establishes a separate and distinct administrative

 8  program to provide home, residential, and homelike inpatient

 9  hospice services.

10         (3)(a)  A separately licensed hospice may not use a

11  name which is substantially the same as the name of another

12  hospice licensed under this part.

13         (b)  A licensed hospice which intends to change its

14  name or address must notify the agency at least 60 days before

15  making the change.

16         (4)  The license shall be displayed in a conspicuous

17  place inside the hospice program office; shall be valid only

18  in the possession of the person or public agency to which it

19  is issued; shall not be subject to sale, assignment, or other

20  transfer, voluntary or involuntary; and shall not be valid for

21  any hospice other than the hospice for which originally

22  issued.

23         (5)  Notwithstanding s. 400.601(3), any hospice

24  operating in corporate form exclusively as a hospice,

25  incorporated on or before July 1, 1978, may be transferred to

26  a for-profit or not-for-profit entity, and may transfer the

27  license to that entity.

28         (6)  Notwithstanding s. 400.601(3), at any time after

29  July 1, 1995, any entity entitled to licensure under

30  subsection (5) may obtain a license for up to two additional

31  hospices in accordance with the other requirements of this

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    Florida Senate - 2006                           CS for SB 1548
    587-2185-06




 1  part and upon receipt of any certificate of need that may be

 2  required under the provisions of ss. 408.031-408.045.

 3         Section 3.  Subsection (7) is added to section 400.606,

 4  Florida Statutes, to read:

 5         400.606  License; application; renewal; conditional

 6  license or permit; certificate of need.--

 7         (7)  The agency may deny a license to an applicant that

 8  fails to meet any condition for the provision of hospice care

 9  or services imposed by the agency on a certificate of need by

10  final agency action, unless, as determined by the agency in

11  its sole discretion, that good cause exists for the

12  applicant's failure to meet such condition.

13         Section 4.  Subsection (4) of section 400.6105, Florida

14  Statutes, is amended to read:

15         400.6105  Staffing and personnel.--

16         (4)  A hospice must maintain a trained volunteer staff

17  for the purpose of providing both administrative support and

18  direct patient care. A hospice must use trained volunteers who

19  work in defined roles and under the supervision of a

20  designated hospice employee for an amount of time that equals

21  at least 5 percent of the total patient care or administrative

22  hours, of which at least 50 percent must be direct

23  patient-care hours, provided by all paid hospice employees and

24  contract staff in the aggregate. The hospice shall document

25  and report the use of volunteers, including maintaining a

26  record of the number of volunteers, the number of hours worked

27  by each volunteer, and the tasks performed by each volunteer.

28         Section 5.  No later than January 1, 2010, the Office

29  of Program Policy Analysis and Government Accountability shall

30  submit to the President of the Senate and the Speaker of the

31  House of Representatives a report analyzing the impact of

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    Florida Senate - 2006                           CS for SB 1548
    587-2185-06




 1  for-profit hospices on the delivery of care to terminally ill

 2  patients and include in the report a review of the quality of

 3  care offered by for-profit hospices, changes in the

 4  competitive marketplace in hospice service areas, and any

 5  other information deemed pertinent.

 6         Section 6.  In order to protect the citizens of the

 7  state, it is the intent of the Legislature that no change in

 8  law or in administrative rule be made to the hospice licensure

 9  and certificate-of-need provisions until the year 2012 in

10  order to correctly analyze and evaluate the impact of this act

11  on the quality of hospice care in the state.

12         Section 7.  (1)  No later than December 31, 2007, the

13  Department of Elderly Affairs, in conjunction with the Agency

14  for Health Care Administration and all hospices licensed in

15  the state, shall develop outcome measures to determine the

16  quality and effectiveness of hospice care in the state. At a

17  minimum, these outcome measures shall include a requirement

18  that:

19         (a)  Fifty percent of patients who report severe pain

20  on a 0-to-10 scale must report a reduction to 5 or less by the

21  end of the 4th day of care on the hospice program; and

22         (b)  Each patient and family the hospice serves is

23  provided a patient and family satisfaction questionnaire.

24  Seventy-five percent of patients and families who respond to

25  the questionnaire with respect to overall hospice satisfaction

26  must indicate an overall satisfaction of 90 percent or higher.

27         (2)  The Department of Elderly Affairs, in conjunction

28  with the Agency for Health Care Administration and all

29  hospices licensed in the state, shall:

30         (a)  Consider and adopt national initiatives, such as

31  those developed by the National Hospice and Palliative Care

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    Florida Senate - 2006                           CS for SB 1548
    587-2185-06




 1  Organization, to set benchmarks for measuring the quality of

 2  hospice care provided in the state.

 3         (b)  Develop an annual report that analyzes and

 4  evaluates the information collected under this act and any

 5  other data collection or reporting provisions of law.

 6         Section 8.  If any provision of this act or its

 7  application to any person or circumstance is held invalid, the

 8  invalidity does not affect other provisions or applications of

 9  this act which can be given effect without the invalid

10  provision or application, and to this end the provisions of

11  this act are severable.

12         Section 9.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1548
    587-2185-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1548

 3                                 

 4  The committee substitute amends the definition of "hospice" in
    the hospice licensure law to delete the requirement that a
 5  hospice be a not-for-profit corporation and deletes the
    provisions allowing certain for-profit entities to get an
 6  exception to the not-for-profit licensure requirement in order
    to conform to the new definition of hospice.
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    The committee substitute makes it unlawful for a person or
 8  entity to offer, describe, or advertise hospice services or
    otherwise hold itself out as a hospice without stating the
 9  year of initial licensure as a hospice in Florida.

10  The committee substitute authorizes the Agency for Health Care
    Administration (AHCA or agency) to deny a license to an
11  applicant that fails to meet any condition of a certificate of
    need, unless the agency determines there was good cause. A
12  hospice must use trained volunteers for at least 5 percent of
    the total patient-care and administrative hours. At least 50
13  percent of such hours must be direct patient-care hours. The
    hospice must document the number of volunteers, the hours
14  worked by the volunteers, and the tasks performed by each
    volunteer.
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    The committee substitute requires the Office of Program Policy
16  Analysis and Government Accountability to submit a report to
    the Legislature by January 1, 2010, analyzing the impact of
17  for-profit hospices. The bill states that it is the intent of
    the Legislature that there be no changes in the laws or rules
18  for hospice licensure until 2012. By December 31, 2007, the
    Department of Elderly Affairs (DOEA), the agency, and all
19  hospices licensed in Florida must develop outcome measures for
    hospice care. The DOEA, AHCA, and all hospices in Florida must
20  also adopt national quality initiatives and develop an annual
    report. If any part of the act or application is invalid, it
21  is severable and does not affect the other parts.

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